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Does anyone know if this same principle applies to S-Corp K-1s as well? My situation is similar but with an S-Corp that develops software and licenses it. The royalties are reported separately from business income on my K-1, but the software was developed as part of the company's normal business. Wondering if the same Treasury Regulation would apply?
Yes, the same principle applies to S-Corps. Treasury Regulation 1.469-2T(c)(3)(iii)(B) doesn't distinguish between partnerships and S-Corps in this context. If the S-Corp created the software as part of its ordinary business and you were already a shareholder when it was developed, those royalties should be characterized the same as other business income from the S-Corp.
This is a great discussion on a complex area of tax law! I wanted to add one practical consideration that might help others in similar situations. When dealing with partnerships that are reluctant to amend K-1s (which seems common based on the comments here), it's worth getting any conversations with the partnership's accountant in writing. If they verbally acknowledge that the patents were developed in the ordinary course of business after investment, ask them to confirm that in an email. This documentation becomes crucial if you need to file Form 8082 or if the IRS questions your position later. I've seen cases where partnership accountants give verbal guidance but then claim they never said it when push comes to shove. Also, for anyone considering the Form 8082 route - make sure you're confident in your position before filing. While it doesn't automatically trigger an audit, it does create a paper trail that could lead to scrutiny down the road. The key is having solid documentation supporting why the royalties should be characterized as business income rather than portfolio income. The Treasury Regulation cited throughout this thread (1.469-2T(c)(3)(iii)(B)) is definitely the right starting point, but each situation is fact-specific based on when the IP was developed and under what circumstances.
My advice - just hire a CPA who specializes in trusts and estates. I went through this exact situation last year with my mom's estate and my sister being difficult about sending documents. I brought what info I had to a CPA, and they handled everything, including reaching out to the trust's accountant directly. Worth every penny for the stress reduction alone.
I'm dealing with a similar trust situation right now and wanted to share what I learned from my tax attorney. Even if you're trying to avoid your brother, you still have legal rights as a beneficiary to receive copies of all trust documents, including K-1s. You can send a formal written request (certified mail) directly to the trust's attorney or accountant - they're required to provide you with the documents regardless of any family drama. This way you bypass your brother entirely while still getting what you need to file correctly. The trust's legal and accounting professionals have a fiduciary duty to all beneficiaries, not just the trustee. It might cost a small copying fee, but it's much better than risking IRS penalties or having to deal with family conflict.
This is really helpful advice! I didn't realize beneficiaries had those kinds of legal rights. Do you know if this applies even if the trust document itself doesn't explicitly mention providing copies to beneficiaries? My situation is complicated because I'm not sure what the original trust language says about beneficiary rights, and obviously I can't ask my brother without opening that can of worms.
Has anyone tried e-filing an amendment from 1040 to 1040NR? I'm in the same situation and wondering if there's any way to avoid the paper filing nightmare.
You can't e-file an amendment that changes from Form 1040 to 1040NR. This specific type of amendment must be filed on paper. The IRS e-file system doesn't support changing return types like this, unfortunately.
Thanks for clarifying. That's disappointing but good to know before I waste time trying to figure it out. Guess I'll be heading to the post office soon.
I went through this exact situation two years ago and want to emphasize a few critical points that might save you some headaches: First, when you mail your amendment package, use certified mail with return receipt. The IRS processing centers can be overwhelmed, and having proof of delivery is crucial if your package gets lost. Second, regarding the refund repayment calculation - make sure you're accounting for any interest you might owe. If it's been more than a few months since you received the original refund, the IRS may assess interest on the amount you need to pay back. Include this in your payment to avoid additional notices. Third, prepare for a long wait. My 1040 to 1040NR amendment took about 6 months to process, which is typical for paper amendments. Don't panic if you don't hear back for several months - that's normal. Finally, keep detailed records of everything. I created a folder with copies of all forms, supporting documents, the certified mail receipt, and notes from any phone calls with the IRS. This documentation proved invaluable when I had questions about my case later. The good news is that once it's processed correctly, you'll have peace of mind knowing your tax situation is properly resolved.
This is incredibly helpful advice, especially about the certified mail and interest calculation! I'm just starting this process and hadn't considered the interest aspect. Quick question - when you calculated the interest owed, did you use the IRS underpayment interest rate or was there a specific rate for refund repayments? Also, did you include the interest calculation in your explanatory statement or just add it to your payment amount?
Has anyone had success with just omitting the account number entirely? I'm using FreeTaxUSA and it seems to let me leave that field blank without generating any errors.
I had this exact same issue with my Fidelity 1099-R last year! The 20-digit account number drove me crazy until I figured out what was happening. What worked for me was using only the last 17 digits when entering it into my tax software (I use H&R Block online). The way I think about it is that Fidelity includes their internal routing/classification codes at the beginning of the account number, but for tax purposes you only need the actual account identifier portion. I called Fidelity's tax line to confirm this approach and they said it was correct. One thing I'd suggest - if you're really worried about it, you can always attach a statement to your return explaining that you truncated the account number due to system limitations. But honestly, I don't think it's necessary. The IRS is used to dealing with this kind of formatting issue between different financial institutions. Good luck with your filing, and congrats on the new home!
This is really helpful! I'm dealing with the exact same situation right now with my Fidelity 1099-R. Quick question - when you called Fidelity's tax line, did you have to wait long to get through? I've been trying to reach them but keep getting stuck in their phone system. Also, did they give you any specific guidance on which digits to use, or just confirm that using the last 17 was okay?
Anastasia Fedorov
Has anyone considered that TurboTax might be partially responsible here? I've used them for years and they typically have big warning messages about signing paper returns. There should have been something in the instructions when you printed everything out. If they didn't properly warn you, it might be worth contacting them to see if they'll cover some of the penalties through their accuracy guarantee.
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StarStrider
ā¢TurboTax absolutely has warnings about this. On the print screen there's a whole checklist that specifically mentions signing the return in ink. They even highlight the signature line on the printed forms. This is 100% on OP, not TurboTax.
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Zainab Ibrahim
I went through something very similar last year - forgot to sign my mailed return and got slammed with penalties. The stress was unreal! But here's what worked for me: First, definitely try the First-Time Penalty Abatement that others mentioned. It's a real thing and surprisingly effective if you have a clean filing history. When I called, I specifically said "I'm requesting First-Time Penalty Abatement under IRC Section 6651(a)" - using that exact language seemed to help. One thing I learned: the IRS considers your return "filed" when they receive a complete, signed return. Since yours wasn't signed initially, they treat the signed version as your actual filing date, which is why you're getting hit with late penalties even though you mailed it on time. Also, don't beat yourself up about the TurboTax thing. Their software is generally solid for calculations - this was just a processing oversight on the signing part. Focus your energy on getting these penalties removed rather than worrying about past calculations. The good news is that multiple people in this thread have successfully gotten these exact penalties removed, so there's definitely hope. Just be persistent and don't accept the first "no" if you get one!
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Sara Unger
ā¢This is really helpful, especially the specific IRC section reference! I'm definitely going to try calling first since it seems like most people are getting resolved quickly that way. Just curious - when you mentioned being persistent and not accepting the first "no," did you have to escalate to a supervisor or did you just call back and get a different agent? I want to be prepared in case the first person I talk to isn't familiar with the First-Time Penalty Abatement policy.
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