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Ask the community...

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The Boss

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Has anyone actually claimed QBI for oil royalties and been audited? I'm worried about claiming this deduction and then getting flagged.

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Evan Kalinowski

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I did claim QBI for my working interests (not passive royalties) for 2022 and 2023. No audit so far. My accountant said as long as you have proper documentation showing they're working interests and not just royalty interests, you should be fine.

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The Boss

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That's reassuring, thanks! I think I'm going to talk to a tax professional who specializes in oil and gas before filing this year. Seems like the distinction between royalty and working interests is pretty important, and I'd rather pay for good advice now than deal with an audit later.

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Lucas Turner

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The key distinction everyone's mentioning about working vs. royalty interests is crucial here. Since you mentioned the trust "divides it up between all the relatives" and you're receiving monthly payments, this sounds like it could be structured as royalty interests rather than working interests. However, don't give up on QBI entirely yet. There's also Section 199A(c)(3)(B) which allows certain rental real estate activities to qualify for QBI if there's sufficient participation. While oil & gas royalties are different from rental real estate, some taxpayers have successfully argued that certain mineral extraction activities can qualify under similar principles. I'd recommend getting copies of the original lease agreements and trust documents to understand exactly what type of interest your husband's uncle held. Look for language about who bears the costs of extraction, development, and operations. If the trust or beneficiaries have any responsibility for these costs (even if minimal), you might have a stronger case for QBI treatment. Also, consider that even if the income doesn't qualify for QBI, you might still be able to deduct depletion allowances which can provide significant tax benefits for mineral interests.

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Elijah Knight

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This is really helpful, especially the point about Section 199A(c)(3)(B) - I hadn't heard about that potential angle before. You're right that we should look at the original lease agreements. The trust administrator has been pretty vague when we've asked questions, but I think we need to be more specific about requesting the actual documentation. One thing I'm wondering about is the depletion allowance you mentioned. Is that something we can claim even if we don't qualify for QBI? We're completely new to this type of income so any tax benefits would be helpful. Also, would the depletion be calculated based on the $3,200 we received, or would it be based on some other value? I'm starting to think we really do need to consult with a tax professional who specializes in oil & gas, but I want to go in with the right questions prepared. Thanks for giving me some specific things to look for in the documents!

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Anna Kerber

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Don't forget that if you can't pay the full amount right away, you can set up a payment plan online at irs.gov/payments. I had a CP14 for about $3,500 last year and set up a monthly payment plan in about 10 minutes. You'll still accrue some interest but it's way better than ignoring it and getting hit with more penalties.

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Niko Ramsey

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The online payment plans are definitely the way to go. Much easier than trying to set one up over the phone. Just know that there's usually a small setup fee (I think I paid around $31 for the online setup), but it's well worth avoiding the headache of calling.

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Beth Ford

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I went through this exact same situation about 6 months ago and it was really stressful at first. Just to echo what others have said - you don't need to specify a month when making your payment. The CP14 notice will have all the information the IRS needs to apply your payment correctly. One thing I learned is that the sooner you pay, the better. Those penalties and interest really add up fast - I waited an extra month thinking I had time and ended up paying about $200 more than I would have if I'd just paid immediately. Also, if you're worried about whether your payment was applied correctly after you send it, you can check your account transcript online at irs.gov about 2-3 weeks after they receive your payment. That way you'll have peace of mind that everything was processed properly.

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Ava Rodriguez

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Thanks for sharing your experience! That's a really good point about checking the account transcript online afterward. I had no idea you could do that - I've always just hoped my payments went through correctly. The 2-3 week timeline is helpful to know too. I'm definitely going to pay mine ASAP after reading about how much that extra month cost you. Did you find the online transcript easy to understand, or is it full of confusing codes like most IRS documents?

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Just wanted to point out something about the service plan - if you started your business in January but didn't get the phone until July, were you using a different phone for business from Jan-July? If so, don't forget to include the business portion of those expenses too! Many people miss out on legitimate deductions by forgetting about partial year expenses on old devices.

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Melina Haruko

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Good reminder! I made this exact mistake last year and had to file an amended return to claim about $300 in missed deductions from using my personal phone for business before upgrading.

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Caleb Stone

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Great question! I went through this exact same situation last year with my consulting business. You're on the right track with your calculation - since you're financing the phone, you can only deduct the business portion of what you've actually paid during the tax year. So yes, $129 x 6 months x 0.8 = $619.20 for the phone payments is correct. Don't forget to also calculate your service plan deductions: $95 x 6 months x 0.8 = $456 (assuming you got the service plan when you got the phone in July). One tip that helped me a lot - keep a simple log for a couple weeks showing your business vs personal usage to justify that 80% figure. Screenshot your recent calls, texts, and app usage if possible. The IRS likes to see documentation backing up your business use percentage claims. Also, make sure you're consistent with how you categorize this expense each year on your Schedule C. Most people put it under "Utilities" but "Other expenses" works too - just pick one and stick with it.

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Jibriel Kohn

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When we bought our house last year I was paranoid about this too! Our bank actually suggested using wire transfers instead of cashier's checks to avoid any holds or delays. The wire fee was like $25 but totally worth avoiding the stress of wondering if the money would clear in time!

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Edison Estevez

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Wire transfers are definitely the way to go! We had issues with a cashier's check at our closing because the bank had misspelled the title company's name. Almost delayed our whole closing! Wire transfer would have avoided that mess.

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Giovanni Gallo

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As someone who just went through this exact scenario a few months ago, I can confirm it's really not a big deal from a tax perspective. We consolidated about $50k from my spouse's account into mine for our down payment and closing costs. No issues whatsoever with the IRS. The key thing is just keeping good records. I made sure to save copies of the transfer confirmation, both bank statements showing the money moving, and our closing documents. Having that paper trail made me feel much more confident about the whole thing. One tip though - give yourself a buffer of at least 2-3 business days between the deposit and when you need the cashier's check, just in case there are any unexpected holds on the funds. Better safe than sorry when it comes to closing day timing!

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How to qualify C-Corp Asset Sale Distribution to offset shareholder basis against gain?

I'm a CPA working with a troublesome situation for a client who owns a C-Corp franchise with two locations. Back in 2022, they sold one of the locations through an asset sale. Here's where things get messy - the sole shareholder took the down payment from the sale and deposited it directly into their personal account. On top of that, all the monthly payments from the buyer have been going straight to the shareholder's personal bank account ever since. The C-Corp reported and paid tax on the full proceeds from the asset sale on their 2022 corporate return. However, the corporation hasn't issued any 1099-Div forms to the shareholder for these funds received, and consequently, these amounts haven't been reported on the shareholder's personal tax returns. I'm struggling to find a way to classify these sale proceeds so they wouldn't be treated as a regular dividend, which would allow the shareholder to use their stock basis to offset at least some of the gain. I've already investigated section 1202, but that's not an option since the shareholder received their stock before 1993. I've also looked into 26 U.S. Code ยง 302 regarding distributions in redemption of stock, specifically 302(b), as I think this might qualify as a partial liquidation. The problem is that while the shareholder did intend to sell the location and distribute the proceeds, there was never any formal written liquidation plan established. Has anyone dealt with something similar? Any suggestions on how to handle this to allow the shareholder to apply their basis against the gain? Really appreciate any insights!

Ingrid Larsson

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Have you looked into treating this as a return of capital under Section 301(c)(2) rather than a dividend? If the C-Corp has sufficient E&P to cover the distribution, that's problematic, but if not, you might be able to treat at least part of it as a return of capital up to the shareholder's basis. Also, consider whether the franchise sale could qualify as a sale of a separate business segment under Section 302(e)(2), which would support partial liquidation treatment even without explicit documentation.

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Liam Murphy

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We've considered the return of capital approach, but unfortunately the company has substantial E&P that would cover the distribution amount. I like your suggestion about Section 302(e)(2) though. The franchise locations operated as separate business segments with their own management and financial statements. Do you think we could argue this meets the "not essentially equivalent to a dividend" test under 302(b)(1) given the meaningful contraction of the business operations? The corporation went from two operating locations to one, which seems substantial.

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Ingrid Larsson

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The separate business segment approach under 302(e)(2) would be your strongest argument. Since you had two distinct franchise locations and one was completely sold off, this represents a genuine contraction of the business rather than just a distribution of earnings. For the "not essentially equivalent to a dividend" test under 302(b)(1), you're in a tougher position since this is a sole shareholder situation. The test typically looks at whether there was a meaningful reduction in the shareholder's proportionate interest in the corporation, which doesn't happen with a 100% shareholder. However, courts have occasionally looked at other factors in sole shareholder cases, including business purpose and whether there was a genuine contraction. I'd recommend documenting the business reasons for the sale (separate from tax considerations) and showing how the operations contracted. Even without formal documentation at the time, you might be able to establish partial liquidation treatment based on the actual substance of what occurred.

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Jace Caspullo

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This is a complex situation that requires careful analysis of multiple code sections. Given that the C-Corp already paid tax on the gain but the shareholder received the proceeds directly, you're essentially dealing with a constructive dividend unless you can successfully argue for different treatment. Your best path forward is likely the partial liquidation argument under Section 302(b)(4) combined with 302(e)(2). The key factors working in your favor are: 1) genuine contraction of business operations (50% reduction from two locations to one), 2) complete termination of one business segment, and 3) the distribution was directly attributable to the business contraction. The lack of formal documentation is problematic but not necessarily fatal. Rev. Rul. 75-223 and several Tax Court cases have recognized partial liquidations based on substance over form when there's clear evidence of business contraction. Document everything you can about the business reasons for the sale and consider preparing a detailed memorandum establishing the facts and legal basis for partial liquidation treatment. One additional consideration: make sure to calculate whether the shareholder has sufficient basis to absorb the distribution. If the basis exceeds the distribution amount, the entire amount could be treated as a return of capital under a successful partial liquidation argument. You might also want to consider filing a protective election or amended return with alternative treatments to preserve your options if the IRS challenges the characterization.

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