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What about using Form 5213 (Election to Postpone Determination)? I've heard this gives you protection if you have to estimate business vs hobby income which seems similar to your situation.
Form 5213 wouldn't apply here. That form is specifically for the hobby loss rules when there's a question about whether an activity is engaged in for profit. It has nothing to do with partnership K-1 timing issues. The proper approach remains either filing an extension or, if you need to file sooner, using best-effort estimates with the understanding you'll likely need to amend. Just make sure to document how you arrived at your estimates.
I've been dealing with this exact same nightmare for three years running with my partnership interest. Here's what I've learned from trial and error: First, Lucas is absolutely right that Form 8082 isn't the solution here - it's for when you're intentionally reporting something different from your K-1, not for when you don't have one yet. My experience has been that filing an extension is usually the cleanest approach, but I get the refund timing issue. If you do decide to file with estimates, here are some practical tips: 1. Document EVERYTHING - keep records of any informal communications from the partnership about expected income/losses 2. Use conservative estimates rather than optimistic ones - better to owe a small amount than have a big refund clawback 3. Consider the partnership's historical patterns - if they usually have similar year-over-year numbers, that's a reasonable starting point One thing nobody mentioned: if your partnership has significant swings in income, you might want to consider making estimated quarterly payments based on last year's tax liability to avoid underpayment penalties, regardless of when you file. The whole system really is frustrating - we shouldn't have to choose between timely filing and accurate reporting because partnerships get until September to provide essential information!
This is incredibly helpful, especially the point about conservative estimates! I'm dealing with this situation for the first time and was leaning toward being optimistic with my estimates since I'm hoping for a decent refund. But you're absolutely right - owing a small amount later is way better than having to pay back a refund that was too big. Quick question on the estimated quarterly payments - if I make those based on last year's liability, does that protect me even if my actual partnership income ends up being much higher than I estimated on my return? I want to make sure I'm not setting myself up for penalties down the road. Also totally agree the system is broken. It's wild that we have to become tax strategy experts just because partnerships can't get their paperwork together on time!
Has anyone used any specific tax software that makes reporting partial rental income easier? I'm in a similar boat renting my finished basement to my brother for $350/month and trying to figure out the best way to handle it on my return.
I used H&R Block Premium last year for this exact situation - they have a specific section for rental income that walks you through reporting partial home rentals. It asks questions about square footage, which expenses apply to just the rental portion vs. the whole house, etc. Made it pretty simple!
I'm in a very similar situation - renting out my spare bedroom to my niece who just started college nearby. I've been stressing about the tax implications too, especially since I'm only charging her $300/month when I could easily get $600+ from a non-family member. From what I've learned reading through all these responses, it sounds like the key points are: 1) Yes, we need to report the income even though it's family and below market rate, 2) We can deduct expenses but they might be limited to the amount of rental income we receive since it's not viewed as profit-seeking, and 3) It goes on Schedule E as passive income, not subject to self-employment tax. The part I'm still unclear on is how to calculate the percentage of home expenses I can deduct. Do I base it on square footage of just the bedroom, or should I include shared spaces like kitchen and bathroom access? Also, should I keep separate records of utilities during the rental period to show the actual increase in costs?
For calculating the percentage, you typically base it on the square footage of the bedroom your niece rents compared to the total square footage of your home. You don't include shared spaces like kitchen/bathroom in the rental portion unless they're exclusively for her use. So if your niece's bedroom is 150 sq ft and your total home is 1,500 sq ft, that's 10% (150/1,500). You'd then apply this 10% to expenses like mortgage interest, property taxes, homeowner's insurance, utilities, and general maintenance. Regarding utilities, you don't need to track the actual increase - just apply your calculated percentage to your total utility bills for the year. The IRS expects this approach rather than trying to measure actual usage differences. Keep good records of all your home-related expenses and the square footage calculation in case you need to justify it later. Since you're charging below market rate to family, remember that your deductions will likely be capped at your rental income ($3,600 for the year at $300/month), so you won't be able to claim a loss that offsets other income.
Has anyone else had issues with farm startup costs? I'm in a similar situation (40 acre property, making money from online content but not actual farm products yet), and my tax software keeps flagging my equipment purchases saying I need to depreciate instead of taking Section 179. So confused about what's allowed in the first year.
I went through this last year! You absolutely CAN take Section 179 for farm equipment in your first year, even without farm income, as long as the equipment is put into service. The business use requirement is the key thing - if you're using the equipment 100% for the farm, you should be eligible. What tax software are you using? I had to override TurboTax to make it work correctly. Also make sure you're keeping detailed logs of how you're using the equipment for your farm business.
Thanks for confirming! I'm using H&R Block software and it keeps giving me warnings, but doesn't actually prevent me from claiming Section 179. I'll create better usage logs to document everything. I think the software might be confused because I have farm expenses but my only income is from content creation. Makes me nervous about getting flagged for an audit, but I'm definitely using all the equipment for legitimate farm purposes.
This is a really interesting situation that's becoming more common! I'm dealing with something similar - I have a small organic vegetable operation that I'm documenting on TikTok and Instagram, and the social media income is actually outpacing my produce sales right now. From what I've researched and discussed with my accountant, keeping them separate (Schedule C for content, Schedule F for farm) seems to be the safest approach. The IRS likes clear distinctions between different types of business activities. Even though your YouTube content is about the farm, the income source is fundamentally different - you're being paid by Google for ad revenue, not by customers for farm products. One thing I'd add is to make sure you're tracking any equipment or expenses that serve both businesses. For example, if you buy a tractor that you use 80% for actual farming and 20% for filming content, you'll need to allocate those costs appropriately between the two schedules. Same goes for things like your phone if you're using it to film and manage both businesses. Also, don't worry too much about the farm showing losses initially - that's completely normal for startup agricultural operations. Just make sure you have a solid business plan showing how you intend to generate farm income in the future. The fact that you're actively working the land and making investments shows business intent rather than hobby activity.
I've been through this exact situation! Had code 570 for about 8 weeks last year and it was torture waiting. What helped me stay sane was setting up a weekly check routine instead of obsessively looking every day. The IRS usually updates transcripts on Fridays, so I'd check then and try to forget about it the rest of the week. In my case, it turned out they were just double-checking my filing status since I switched from married filing separately to jointly. Once they cleared it, I got my refund within 2 weeks. Hang in there - I know it's easier said than done when you're counting on that money!
That's really helpful advice about the weekly check routine! I'm definitely guilty of obsessively checking my transcript multiple times a day which just makes the anxiety worse. Setting up that Friday routine sounds like a much healthier approach. It's reassuring to hear that yours resolved after 8 weeks - gives me hope that there's light at the end of the tunnel. Did you notice any other codes appear before it cleared, or did the 570 just disappear when they finished their review?
I'm going through the exact same thing right now! Filed in mid-January and got hit with code 570 about 10 days ago. It's so stressful not knowing what they're reviewing or how long it'll take. I've been trying not to check my transcript every day but it's hard when you're expecting that refund money. Reading everyone's experiences here is actually pretty comforting - seems like most people do eventually get it resolved, even if it takes longer than we'd like. Has anyone had success calling the IRS to get more info, or do they just give you the same vague "additional processing time needed" response?
Jordan Walker
Just to add a data point here - I had this exact situation last year. LLC with S-corp election, filed 1120-S about 75 days late. I can confirm 100% that the IRC-6699 S-corporation penalties applied, not the LLC penalties. I tried to argue with the IRS that since my business is "technically" an LLC, the LLC penalty structure should apply (which would have been less in my case). They shut that down immediately. Once you elect S-corp taxation, you're treated as an S-corp for ALL tax purposes, including penalties. The good news is I was able to get a partial abatement based on reasonable cause (I had documentation showing my accountant had a family emergency). They reduced my penalty by about 40%.
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Natalie Adams
ā¢How exactly did you request the abatement? Did you call or send a letter? I'm in a similar situation and wondering the most effective approach.
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Jordan Walker
ā¢I sent a formal letter requesting abatement after I received the penalty notice. I included a detailed explanation of the circumstances, a signed statement from my accountant about the family emergency, and documentation showing that we had otherwise been compliant with all tax filings in previous years. The key was being very specific about why the late filing was due to circumstances beyond my control, not just carelessness. I also made sure to point out that we had no history of late filings. I think showing a pattern of past compliance really helps with these requests.
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Elijah O'Reilly
One thing nobody has mentioned yet - there's a difference between late FILING penalties (Form 1120-S) and late PAYMENT penalties. If you've been making your estimated tax payments as shareholders, you might only be dealing with the late filing penalty. The IRC-6699 penalty ($220 per shareholder per month) applies to late FILING of the 1120-S. But if you also have unpaid taxes at the shareholder level (on your 1040s), that's a separate penalty structure. Just something to keep in mind when calculating what you might owe.
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Amara Torres
ā¢That's a really good point. So if I've been paying my quarterly estimated taxes properly as the owner but just filed the 1120-S late, would I still owe the 5% of unpaid taxes penalty, or just the $220 per month penalty?
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Caesar Grant
ā¢If you've been paying your quarterly estimated taxes properly at the individual level, you should only face the IRC-6699 late filing penalty ($220 per shareholder per month), not the failure-to-pay penalty. The 5% monthly penalty you're thinking of applies when you have actual unpaid tax liability, but since S-corp income passes through to your personal return and you've been making estimated payments, there shouldn't be unpaid corporate-level taxes. The 1120-S is primarily an informational return that reports the pass-through items to shareholders. As long as you and your fellow shareholders have been current on your individual tax obligations, the late filing penalty should be your only concern here.
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