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I'm so sorry for your loss, Sunny. Dealing with taxes while grieving is incredibly difficult, and you're asking exactly the right questions. Yes, you can file as Head of Household for the year your wife passed away since she died before July 1st. The IRS considers you unmarried for the entire tax year in this situation, and since you're supporting your children who live with you, you meet the HOH requirements. A few additional things to keep in mind: - When filing your wife's final return, write "DECEASED" and the date of death across the top - You'll sign her return as "Filing as surviving spouse" - Make sure to claim any income she earned up to her date of death on her final return - Consider whether any of her medical expenses paid after death might be deductible on either return The separate filing approach you're considering is completely valid - her final return as married filing separately, and yours as HOH. This gives you flexibility with deduction choices too. Don't hesitate to consult a tax professional who has experience with widower situations if you need additional guidance. There are often overlooked deductions and credits that can help during this transition. Take care of yourself during this difficult time.
Thank you for the comprehensive information, Dmitry. I wanted to add that when dealing with the final return for a deceased spouse, it's also important to consider any retirement account distributions that might need to be reported. If your wife had any 401k or IRA accounts, there may be required minimum distributions or other tax implications to address on her final return. Also, if she received any life insurance payouts before her death, those generally aren't taxable, but the interest earned on delayed payouts might be. The rules around inherited retirement accounts have changed recently too, so it's worth double-checking those requirements with a professional who understands the current regulations.
I'm deeply sorry for your loss, Sunny. Losing a spouse is incredibly difficult, and having to navigate tax complications during such a challenging time adds another layer of stress. Based on your situation, you're absolutely on the right track. Since your wife passed away in February (before July 1st), you are indeed considered unmarried for the entire tax year for Head of Household purposes. With two qualifying children living with you that you're supporting, you definitely meet the HOH requirements. Your approach of filing her final return as married filing separately while you file as HOH is completely valid and often makes sense when there are complicating factors that make joint filing difficult. A couple of important reminders for your wife's final return: - Include all income she received from January 1st through her date of death - You can claim any medical expenses you paid for her after death (within one year) on either her final return or yours, whichever is more beneficial - Don't forget to check if she had any estimated tax payments that need to be accounted for The HOH status will give you better tax rates and a higher standard deduction than filing single, which can provide some financial relief during this transition. And yes, you can absolutely choose different deduction methods - itemize on your return even if you take the standard deduction on hers. Take care of yourself and don't hesitate to seek professional help if the complexity becomes overwhelming. You're doing great navigating this difficult situation.
Has anyone here dealt with this situation where one of the partners is an S-Corp specifically? I'm concerned about the timing since S-Corps have different filing deadlines than partnerships.
Yes, this can get tricky with the timing. When you amend the 1065 and issue a corrected K-1 to the S-Corp, they'll need to amend their 1120-S. If the S-Corp's tax year is different from the partnership's, it can affect which tax year of the S-Corp needs to be amended. Also remember that the statute of limitations could be an issue for tax year 2020. Generally, you have 3 years from the filing date to amend returns. For returns filed in 2021 for tax year 2020, you might be approaching that deadline.
One thing I'd add that hasn't been fully addressed - make sure you understand the potential for imputed underpayment assessments under BBA rules. Even though partnerships are pass-through entities, the IRS can assess and collect penalties at the partnership level for certain adjustments. When you file the 1065-X as your AAR, the IRS will review it and may propose an imputed underpayment based on the highest individual tax rate plus Net Investment Income Tax. The partnership can then make a "push out" election to have the adjustment flow through to the partners instead of being assessed at the partnership level. Given that you're dealing with an S-Corp partner, this could be particularly relevant since the ultimate shareholders might be in lower tax brackets than what the IRS would use for the imputed underpayment calculation. You'll want to consider whether to make the push-out election when filing the AAR or wait to see if the IRS proposes an assessment. Also, since you mentioned both partners agree on the correction, document that agreement well. It'll be helpful if the IRS has any questions about the adjustment during their review process.
This is really helpful information about the imputed underpayment assessments! I had no idea the IRS could assess penalties at the partnership level even though it's a pass-through entity. That push-out election sounds like something we should definitely consider given the S-Corp structure. A couple of follow-up questions: How long do we typically have to make the push-out election after filing the AAR? And is there a specific form or procedure for documenting the partners' agreement on the correction, or would a simple written agreement between the partners be sufficient for IRS purposes? Also, when you mention the "highest individual tax rate plus NIIT," are we talking about the current rates or the rates that were in effect for 2020?
I waited until February 15th last year before filing because my PayPal 1099K came super late despite the January 31 deadline. Some companies just don't meet the deadline and there's basically no consequence for them. So frustrating!
Based on everything discussed here, it sounds like you're in good shape to file now without waiting. Since you made $780 through PayPal, you're well under the $5,000 threshold for 2024, so PayPal isn't required to send you a 1099-K anyway. The fact that you've already included all your PayPal income on Schedule C is exactly what you should be doing. You're legally required to report all income regardless of whether you receive tax forms for it, and it sounds like you've got detailed records which is the most important thing. I'd recommend going ahead and filing rather than waiting. If by some chance you did receive a 1099-K later (which seems unlikely given the threshold), it wouldn't create a problem since you've already reported more income than what would be on the form. The IRS is looking at your total reported income, not trying to match every individual transaction to a form. Getting your refund processed sooner is definitely a nice bonus for being organized with your record-keeping!
Has anyone dealt with FIRPTA withholding for LLCs with foreign partners that own US real estate? We have the regular income withholding figured out, but now we're selling a property and I'm not sure how that interacts with all this.
Yes, that's a whole separate withholding regime! For FIRPTA, you generally need to withhold 15% of the gross sales price when the LLC sells US real property if you have foreign partners. This is reported on Form 8288.
I've been through this exact confusion with our LLC that has partners in the UK and Australia. The key insight that finally clicked for me is that these are different taxes on different things at different times. Section 1446 withholding (Form 8813) is on the foreign partner's SHARE of partnership income - you withhold this regardless of whether you actually distribute anything. Think of it as withholding on their "allocated" income. Section 1472 (FATCA) withholding is on actual PAYMENTS to foreign entities that haven't provided proper documentation. But here's the crucial part - if you're distributing profits that have already been subject to Section 1446 withholding, and your foreign partner has provided proper W-8 forms, you typically don't need to withhold again under FATCA. The double taxation concern you mentioned is valid - the IRS doesn't want to tax the same income twice. The confusion often comes from not distinguishing between "income allocation" (what triggers 1446) versus "actual distributions" (what might trigger 1472). For your Canadian and UK partners, make sure they provide W-8BEN or W-8BEN-E forms claiming treaty benefits. This documentation helps establish that distributions of previously taxed partnership income shouldn't be subject to additional withholding. I'd recommend documenting which distributions relate to income that's already been subject to 1446 withholding - this creates a clear paper trail showing you're not double-taxing.
This is exactly the clarity I needed! Thank you for breaking down the difference between income allocation vs actual distributions. I think our confusion was coming from treating them as the same thing. Just to make sure I understand - if we've already done the Section 1446 withholding on our foreign partner's share of income through Form 8813, and they've provided the proper W-8 forms, then when we distribute those same profits later, we shouldn't need to withhold the additional 30% under FATCA? The documentation piece makes sense too. We should be able to trace which distributions correspond to income we've already withheld on. This would really help us avoid the double taxation issue I was worried about. Our partners are from Canada and the UK, so the tax treaties should definitely help here. I'll make sure we get the proper W-8 forms from them ASAP.
Tami Morgan
You're absolutely making the right decision by not getting involved in this situation. As someone who's seen similar scenarios play out, I can tell you that "bank account issues" is often code for more serious financial problems that you definitely don't want to inherit. Beyond all the excellent points about tax complications and bank policies that others have raised, there's another angle to consider: if your sister's inheritance gets mixed up with your finances in any way, it could potentially complicate things for both of you down the line. Inheritance money sometimes gets scrutinized during divorces, bankruptcy proceedings, or other legal situations. The cleanest approach is always to keep financial transactions separate and transparent. Your sister received the inheritance, so she should be the one to deposit it. If her current bank won't work with her, literally any other bank will open an account for someone with a $25,000 deposit to make. You're being a good sister by wanting to help, but sometimes the best help is steering someone toward handling their financial affairs properly rather than taking shortcuts that could cause bigger problems later.
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Omar Hassan
ā¢This is such good advice about keeping inheritance money separate and transparent. I hadn't even thought about how this could complicate things in future legal situations. You're right that sometimes the most helpful thing is encouraging someone to do things the proper way rather than taking shortcuts. I feel much better about my decision to step back from this situation after reading everyone's input here. My sister will just have to figure out her banking issues on her own - it's really not my responsibility to solve them for her.
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Pedro Sawyer
As someone who's been through estate administration, I want to echo what others have said about your sister handling this herself. There's really no legitimate reason she can't deposit or cash an inheritance check made out to her name. Most inheritance checks come from estate attorneys or financial institutions, and these can typically be cashed at the issuing bank even without an account. Yes, there will be fees, but that's much simpler than creating potential tax complications for both of you. The "bank account issues" explanation is concerning. Even if her account is overdrawn or frozen, she could open a new account at a different bank with proper ID and the inheritance documentation. Banks are generally very willing to work with people who have legitimate inheritance funds to deposit. I'd also suggest she contact the estate attorney or executor who issued the check if she's having trouble. They deal with these situations regularly and can provide guidance on the proper way to handle the funds. Don't put yourself at risk trying to solve her banking problems - this needs to be handled through proper channels.
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Carmen Reyes
ā¢This is really solid advice about contacting the estate attorney or executor. I hadn't thought about that option, but you're absolutely right that they would have experience with these exact situations and could probably suggest the best way for my sister to handle this properly. That seems like a much better first step than trying to work around whatever banking issues she's having. Thanks for pointing out that option - I'll definitely suggest she reach out to whoever issued the check first before trying to find other workarounds.
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