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Quick tip that helped me with the K2/K3 exception determination: take screenshots of the specific lines (16 and 20c) from your 2020 return as documentation of meeting that requirement. This way if there's ever a question about why you didn't file K2/K3, you have proof that you qualified for the exception. Also, put a note in your tax file documenting your analysis of each requirement - especially regarding the "no foreign activity" determination. If you have any international clients, document why those relationships don't constitute "foreign activity" under the definition (no foreign taxes paid, no foreign source income, etc.). Better to document your reasoning now than try to reconstruct it later if questions arise.
Does anyone know if this exception is continuing for the 2022 tax year? I finally understand the 2021 exception but wondering if I need to prepare for K2/K3 filing for current year.
The exception has been modified for 2022 and future years. Starting with tax year 2022, there's a "domestic filing exception" with slightly different requirements. Partners or S corp shareholders must be notified about the intention to not provide K-3s unless requested. You'll need to review the updated guidelines for 2022, as the automatic exception isn't identical to the 2021 version we're discussing here.
Has anyone used any specific tax software that handles the K2/K3 exception determination well? I'm using ProSeries and it keeps flagging that I need to file these forms even though I believe we qualify for the exception.
I had the same issue with Lacerte. You have to manually override it. There should be a checkbox somewhere in the software to indicate you qualify for an exception. In Lacerte it's buried in the K-2/K-3 input screens - there's a specific question about qualifying for the exception that you need to mark "Yes".
Thanks for the tip! I found the override option in ProSeries. It was in the K-2/K-3 input area under "Filing Exceptions" - there's a check box for "Qualifies for domestic filing exception" that I needed to select. The software still gives a warning but allows you to proceed without generating the schedules.
I went through this exact issue last year. I ended up filing an extension and it was the right choice for me. Amending is a pain and can flag your return for extra scrutiny sometimes. Just make sure you pay enough with your extension to cover what you might owe. The 5% difference you're expecting isn't huge, so if you're expecting a refund anyway, you could just file with what you have. But if you're going to owe money, definitely do the extension and pay a bit extra to be safe.
If you do file an extension, do you know if that increases your chances of being audited? I've heard mixed things about this.
Filing an extension doesn't increase your audit risk at all. That's actually a common tax myth. The IRS has officially stated that filing an extension doesn't affect your chances of being audited. In fact, extensions are incredibly common - millions of people file them every year for all sorts of reasons. It's a routine process that the IRS expects. What can increase audit risk is filing an inaccurate return or having to amend later, so in that sense, waiting for correct documentation is actually the safer approach.
Another option to consider is contacting your employer directly and asking when they expect to issue the W-2C. Sometimes they have a timeline but don't communicate it well. I've found that a polite but firm email to HR and payroll can work wonders. If they can tell you it'll be ready within a few weeks, maybe waiting makes sense. If they're saying it could be months, then the extension route is probably best.
Something nobody's mentioned - your friend should check if his identity was stolen. If his mom is controlling his tax docs and filing returns with fake info, she might be doing other sketchy financial stuff in his name too. He should check his credit report ASAP.
That's a really good point I hadn't considered. I know she's also "managing" his student loans and I wonder if there's other financial stuff happening. I'll suggest he check his credit report right away. I think the hardest part of this situation is that his mom is definitely the one who provided these fake numbers, but she's maintaining complete innocence. Makes me wonder what else she's doing with his finances.
Yeah, unfortunately I've seen this pattern before with family members. Often there's a broader pattern of financial manipulation going on. Student loans are definitely another red flag - make sure he logs in directly to studentaid.gov to see exactly what loans are in his name. I'd also recommend he create an IRS online account at irs.gov to view his tax transcripts directly. This will show all returns filed in his name and any other tax activity. He might discover even more issues.
Has anyone mentioned the Voluntary Disclosure Program? If the fraud was willful (sounds like it was on mom's part), this could help avoid criminal prosecution. More info: https://www.irs.gov/compliance/criminal-investigation/irs-criminal-investigation-voluntary-disclosure-program
Something nobody's mentioned yet - if you're paying for someone's education, you can pay their tuition directly to the school and it doesn't count toward gift tax limits at all! No annual limit, no lifetime exemption impact. Same thing with medical expenses if paid directly to the provider. This is how wealthy families transfer significant money without gift tax consequences.
That's really helpful! So in my case with my niece, would it be better to pay her student loans directly to the loan provider instead of giving her the cash? Would that still qualify for the medical/education exception?
Unfortunately, paying off someone's existing student loans doesn't qualify for the unlimited education exclusion. The education exception only applies to tuition paid directly to the educational institution while someone is attending. For existing student loans, you're better off staying within your annual gift exclusion of $18,000. If you want to pay more than that toward her loans in a single year, you'd need to file Form 709 to report the excess amount against your lifetime exemption (though you still wouldn't owe actual tax unless you've used up the lifetime amount).
Gift tax question - can my husband and I each give our daughter $18,000 (so $36,000 total) without filing anything? We're helping with her house down payment.
Yes, you and your husband can each give your daughter $18,000 in 2025, for a total of $36,000, without having to file a gift tax return! This is called "gift splitting" and it's a common strategy for married couples.
NebulaNomad
Former tax preparer here. One thing nobody's mentioned yet - many in-person tax preparers at those seasonal tax shops are seasonal workers with minimal training. They're often using a guided software system similar to what you'd use at home - just a professional version. The real value comes when you work with an actual CPA or EA (Enrolled Agent) who knows the tax code inside out. They can do tax planning throughout the year, not just tax preparation at filing time. But those folks typically charge $250-500+ for even basic returns.
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Javier Garcia
ā¢Is there any way to know if you're getting someone with real expertise vs a seasonal worker? I always see those pop-up tax places and wonder about the qualification level.
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NebulaNomad
ā¢Ask about their credentials and experience directly. Anyone can call themselves a "tax preparer," but CPAs, Enrolled Agents, and tax attorneys have specific certifications and continuing education requirements. Look for those designations. At seasonal shops, ask how many years they've been preparing taxes and what training they've received. Experienced preparers, even without formal credentials, often have valuable practical knowledge. If they start working there just a few weeks before tax season, that's a red flag. Also, ask if they work on taxes year-round or just during tax season - year-round indicates more commitment to the profession.
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Emma Taylor
When I used FreeTaxUSA I got a $2,350 refund. Went to H&R Block the next year (similar income/situation) and got back $2,290. Year after, tried TurboTax and got $2,490. Honestly I think its just normal variation in income, deductions etc year to year. No magic bullet imo.
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Malik Robinson
ā¢Did you itemize deductions or take the standard? I feel like that's where most people might miss stuff when using software vs a pro.
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