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Just wanted to add that self-filing a 1065 is definitely doable but pay special attention to the partner basis calculations. That's where I messed up last year and had to file an amended return. Make sure you're tracking each partner's capital contributions, distributions, and share of liabilities correctly. It gets complicated fast.
Thanks for pointing this out. I'm a bit worried about the basis calculations. Does TaxAct walk you through determining each partner's basis properly? We had some complicated transactions this year with one partner contributing equipment instead of cash.
TaxAct does have a basis worksheet that helps guide you through the calculations. For non-cash contributions like equipment, you'll need to enter the fair market value and adjusted basis of the property. The software should handle the Section 704(c) allocations if set up correctly. However, this is exactly the kind of situation where careful attention is required. Make sure you have proper documentation of the equipment's value and basis. The software will ask you these questions, but you need to have the right information ready. If the contribution happened this tax year, you'll also need to complete Form 8824 for the non-cash contribution. The preview method you originally suggested would likely miss these interconnected forms.
Whichever way you go, make sure you keep track of the Section 199A information that needs to be reported on each K-1. I self-filed our partnership return last year and totally forgot about reporting each activity separately for the qualified business income deduction. Cost both partners a lot in missed deductions on our personal returns.
One thing not mentioned yet - if these were employment taxes, you need to understand the Trust Fund Recovery Penalty (TFRP). The IRS can assess personally against BOTH of you the portion of taxes that was withheld from employee paychecks but not remitted. This is critical because even if your business was an LLC or corporation, the TFRP bypasses that protection. And it applies to anyone who was "responsible" for collecting, accounting for, and paying those taxes. Since you were both owners, they can come after either or both of you. Definitely work with your tax attorney on this part specifically. If your spouse was the one handling finances, there might be a way to argue you weren't a "responsible person" under the TFRP rules, though it can be an uphill battle.
This is terrifying. So even though my spouse handled all the finances and made the decision not to pay these taxes without telling me, I could still be held personally liable? Do they ever consider these kinds of circumstances?
They do consider circumstances, but you'll need to prove you weren't a "responsible person" as defined by the IRS. The fact that you were an owner and involved in the business creates a presumption that you had authority. However, your tax attorney can help build a case based on your specific role. Key factors they look at: Who had check-signing authority? Who made financial decisions? Who had the power to determine which creditors got paid? If you can demonstrate your spouse exclusively controlled these functions and deliberately kept you in the dark, you may have a case. Document everything about your roles and responsibilities in the business.
Random tip from personal experience - request your IRS transcripts ASAP! You can get them online through the IRS website. They'll show exactly what's been assessed, when, and give a complete history of your account. My ex-husband hid tax problems from me too, and when I finally got my transcripts, I discovered some of the "tax due" letters were actually for periods that had already passed the 10-year collection statute of limitations. The collection agency was still trying to collect, but they legally couldn't! Also, make sure to ask your tax attorney about "innocent spouse relief" - it might apply in your situation since your spouse concealed the tax issue from you.
22 Don't overlook state taxes in all of this! I made that mistake when catching up on my back taxes. Got all my federal returns sorted out and then realized I still had to deal with state returns. Each state has different requirements and look-back periods.
1 Oh geez I hadn't even thought about state taxes! Do you know if Missouri has the same 6-year lookback period as the IRS? Or do I need to file all 10 years with the state?
22 Missouri generally follows the federal statute of limitations, so the 6-year lookback period is similar. However, there are some important differences. Missouri's Department of Revenue can be a bit more aggressive about collecting on older debts than the IRS in some cases. The good news is that Missouri offers voluntary disclosure programs that might help reduce penalties if you come forward voluntarily before they contact you. I'd recommend checking the Missouri DOR website or calling them directly after you get your federal situation straightened out. In my experience, state tax agencies are actually easier to reach by phone than the IRS.
5 Just wondering, has anyone used those tax relief companies that advertise on the radio? They claim they can settle your tax debt for pennies on the dollar. Are those legit or just scams?
8 Most of those "pennies on the dollar" tax relief companies are extremely misleading. What they're referring to is the IRS Offer in Compromise program, which is legitimate but has very strict qualification requirements that most people don't meet. These companies often charge thousands upfront with no guarantee of results. The reality is that if you have assets or a decent income, you likely won't qualify for significant reductions. The IRS has standard formulas they use to determine eligibility. You're better off working directly with the IRS or hiring a reputable local tax professional who charges reasonable fees. The IRS provides payment plans that most people can qualify for without needing a special "tax relief" company.
I went through this exact same nightmare last year! If you filed with TurboTax online, you can actually access your full return PDFs which include a "Wages Summary" page that breaks down each W-2. Just log in, go to Documents, download the full PDF (not just the 1040), and look through the supporting schedules. Saved me from having to contact 3 different ex-employers!
This is the right answer! The full tax return PDFs in TurboTax include all the supporting docs with the employer breakdowns. Just make sure you're looking at the COMPLETE return, not just the 1040 summary.
Don't forget to check if your city offers any voluntary disclosure programs before filing all those back taxes! Many cities have amnesty programs where they'll waive penalties (and sometimes interest) if you voluntarily file past-due returns. Might save you a lot of money compared to just filing and accepting all penalties.
Sofia Perez
My tax guy always says that even a short-term property sale won't trigger self-employment tax unless you've been making substantive improvements with the intention to sell for profit. Living in it as your primary residence indicates personal use, not a business activity. Your brother should keep good records though - document that he's living there as his primary residence, keep all utility bills, change his address officially, register to vote there, etc. The more evidence he has that this was his home (not an investment property), the better position he'll be in if questions ever come up. I think your brother's plan makes sense given the rent increase. Even with potential capital gains tax, he might still come out ahead compared to paying the higher rent for three years.
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Dmitry Smirnov
ā¢Does he need to do anything special on his tax forms to show it was his primary residence even though he didn't meet the 2-year test? Is there a specific form or something?
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Sofia Perez
ā¢There's no special form specifically for declaring a primary residence that doesn't meet the 2-year test. He would report the sale on Schedule D and Form 8949 like any capital gain, but the key is keeping those supporting documents we discussed in case of questions. If he qualifies for a partial exclusion due to work-related move, health reasons, or unforeseen circumstances, he would need to fill out Form 2119. But from what you've described, planned retirement and moving overseas probably wouldn't qualify as an unforeseen circumstance, so he should plan on paying the full capital gains tax.
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ElectricDreamer
My parents just went through this! They bought a house, then dad got transferred unexpectedly and they had to sell after only 14 months. The tax part was actually pretty straightforward - they just paid capital gains tax on the profit (thankfully housing prices hadn't gone crazy in their area so it wasn't much). One thing they learned - if you have a legit reason for selling before 2 years, like job transfer, health issues, or certain other "unforeseen circumstances," you might qualify for a partial exclusion of capital gains. Doubt retirement plans would count though since that's a known, planned event.
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Ava Johnson
ā¢Did they use TurboTax or some other tax software to figure all this out? I'm trying to decide if I need an accountant for my situation or if the tax software can handle these kinds of scenarios.
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