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One thing everyone is missing here is basis calculation differences. In an S-corp, your basis increases with income allocated to you and decreases with distributions and losses. In a partnership, your basis also includes your share of partnership liabilities. This can make a huge difference if you have business loans or mortgages since partnership basis rules can allow for larger tax-free distributions or loss deductions.
Could you explain that with a simple example? Not sure I'm following how the liability part impacts distributions.
Sure. Let's say you and a partner each contribute $50,000 to start a business and then the partnership takes out a $200,000 loan. In a partnership, your basis would be $150,000 ($50,000 contribution plus $100,000 of the debt). This means you could receive distributions up to $150,000 tax-free. In an S-corp with the same scenario, your basis would only be $50,000 (your contribution), so distributions beyond that would be taxable. This can be a significant difference depending on your business's debt structure and distribution plans.
Has anyone considered that an S-corp might not always be better? I'm a real estate investor and my CPA advised sticking with partnership taxation because of the basis rules mentioned above, plus the ability to do special allocations. S-corps require proportionate distributions based on ownership while partnerships allow for more creative profit-sharing arrangements.
One thing nobody has mentioned yet - have you considered taking a reasonable salary from the partnership? This would create W2 wages that could help with QBI limitations if your income increases in the future. I'm a partner in a similar consulting business and we restructured last year to ensure each partner receives both a W2 salary and K-1 distributions. It reduced our QBI slightly in the short term but gives us more flexibility as our incomes increase above the thresholds. Just make sure the salary is "reasonable" for your services or you could face scrutiny from the IRS. We based ours on industry standards for our positions.
That's really interesting - I hadn't considered that approach. Do partnerships typically have the ability to issue W2s to partners? I thought partners were generally treated as self-employed rather than employees.
Regular partnerships can't issue W2s to partners - you're right that partners are treated as self-employed. What we did was elect to be taxed as an S-corporation while maintaining our partnership agreement internally. An S-corp can pay wages to shareholders who work in the business. This creates the W2 wages needed for QBI calculations at higher income levels. There are some additional compliance requirements and costs with this approach, but for us, the tax benefits made it worthwhile once our incomes crossed the threshold amounts.
I made a costly mistake with this exact situation last year - my income was $175k, no wages or UBIA in the partnership, and my accountant incorrectly told me I couldn't take the QBI deduction. After reading these comments, I went back and checked the rules, and everyone here is correct. Below the threshold, you CAN take the full 20% deduction regardless of W2 wages or UBIA. I'm now filing an amended return to claim approximately $35,000 in QBI deductions across 2022 and 2023. That's a lot of money to leave on the table! Make sure your new accountant understands these rules correctly.
Do you know how far back you can amend returns for this? I think I might have missed out in previous years too!
My wife is
Where did you find Excel-themed jewelry? My girlfriend is an accountant and that sounds perfect for her birthday coming up!
I found it on Etsy! There are several artists who make spreadsheet-inspired necklaces and earrings. Some use the actual Excel icon, while others create pendants that look like spreadsheet formulas or functions. Search for "excel jewelry" or "spreadsheet jewelry" and you'll find plenty of options. There's also a shop that makes custom formula bracelets where you can put in your own Excel formula (my wife loves VLOOKUP so I got her that one). They're surprisingly elegant looking while still being a perfect inside joke for spreadsheet lovers.
Forget the mugs and t-shirts - those are overdone. My accountant friend absolutely lost it when I got him a custom bobblehead that looked like him sitting at a desk surrounded by tiny tax forms and a calculator. Cost about $75 and was 100% worth it. There are several companies online that make custom bobbleheads from photos. Just saying, nothing beats a personalized gift that shows you put some thought into it.
Omg that's actually brilliant! Did it really look like your friend? I'm worried it might come out looking creepy rather than funny.
Just FYI - if you're filing with interest from a tax refund, make sure you're using the right software option. Some free tax filing software doesn't handle 1099-INT correctly, especially for interest from the IRS. I used TurboTax last year and had to upgrade to the "Deluxe" version just to enter my refund interest properly. H&R Block online handled it in their free version though. Might save you some money depending on which service you're using.
Does anyone know if FreeTaxUSA can handle 1099-INT from IRS refunds? That's what I'm planning to use this year, but now I'm worried it might not work for this situation.
Yes, FreeTaxUSA can definitely handle 1099-INT forms from IRS refunds in their free version. I switched to them last year after getting frustrated with TurboTax's upselling. FreeTaxUSA includes all these forms in their standard free package - you only pay for state filing. They have a section specifically for interest income where you can enter all the 1099-INT information including the payer's TIN/Federal ID Number.
Wait, I'm confused about something else on this form. Why would the IRS be sending a 1099-INT in the first place? I got a refund last year but didn't get any 1099-INT from them.
Olivia Martinez
You might qualify for the Innocent Spouse Relief program. My sister was in a similar situation after her divorce - her ex hadn't filed for years without her knowledge. She filed Form 8857 (Request for Innocent Spouse Relief) and the IRS absolved her of most of the tax liability. Definitely worth looking into if your ex was controlling the finances and tax situation.
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Jibriel Kohn
ā¢Would this apply if we never actually filed jointly though? From what I understand, he just took my W2s and never filed anything at all. Can I still claim innocent spouse if there were no joint returns?
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Olivia Martinez
ā¢Ah good point - Innocent Spouse Relief typically applies when joint returns were actually filed with errors or underpayment. If no returns were filed at all, that's a different situation. In your case, you'd focus more on explaining the circumstances when you file your returns and potentially requesting penalty abatement due to reasonable cause. The IRS does consider situations involving domestic abuse as potential reasonable cause for penalty relief. The most important thing is to get those returns filed now and explain your situation - they're usually willing to work with you on a payment plan for any taxes owed.
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Charlie Yang
Has anyone successfully requested penalty abatement for first-time penalties? I've heard the IRS has a First Time Abatement policy but don't know if it applies to unfiled taxes for multiple years...
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Edison Estevez
ā¢Yes, First Time Abatement (FTA) can be really helpful! However, it typically only applies to one tax year. With multiple years unfiled, you might get FTA for the earliest year but would need to request reasonable cause abatement for the others.
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