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Another thing to consider with Section 1446f that nobody mentioned yet - the requirements changed significantly in 2023. The IRS finalized regulations that expanded reporting and created new certification procedures. Some partnerships now have to determine if they're "publicly traded" under these rules, which affects withholding requirements. Make sure whatever guidance you're following is current with the 2025 filing requirements!
Does this mean the information my friend got last year might be outdated? He was told something about a "50% ECI test" by his previous advisor. Is that still a thing or has it changed with these new regulations you mentioned?
The good news is that the "50% ECI test" is still part of the regulations, but how it's applied and documented has evolved. Under current rules, the partnership can provide a certification that less than 50% of the gain would be effectively connected income, which may reduce withholding obligations. However, the certification process is more formalized now, with specific timing requirements (must be certified within 30 days before the transfer) and there are stricter penalties for improper certifications. The partnership needs to provide this in writing, and the documentation standards are higher than before. Also, publicly traded partnerships have different rules entirely under the current regulations. So while the basic concept remains, the implementation details have definitely changed.
Has anyone dealt with Section 1446f for a tiered partnership structure? My situation involves a foreign person selling an interest in a partnership that owns interests in other partnerships (some with US business, some without). Do you have to trace through all the lower-tier partnerships to figure out withholding?
Yes, unfortunately you do have to look through to the lower-tier partnerships in a tiered structure. This is one of the most complex aspects of Section 1446f compliance. The "look-through" rule requires examining each lower-tier partnership to determine if they have assets that would generate effectively connected income. Each tier needs to be analyzed separately, and the proportionate share of ECI assets needs to be calculated. This is why many sophisticated partnerships provide certifications to their partners - it's nearly impossible for a partner to make this determination without information from the partnership itself.
I work in payroll for a mid-sized company and can offer some insight on the employer side. When an employee works remotely, it creates significant complexity for employers because we have to track and apply tax rules for multiple jurisdictions. Your first employer absolutely should have been withholding local taxes. However, many payroll systems don't automatically update when an employee changes work location unless HR specifically updates your record. It's possible they simply didn't update your status when your husband went remote. For the second employer, they should be withholding based on where your husband physically performs the work (your home city) until he actually starts working in their office location. However, some cities have special rules where they can still tax income if the office is located there, even if the employee never physically works there. I'd suggest having your husband check with his current employer's HR department to make sure they have his work location correctly coded in their system.
If the first employer messed up, can the employee file some kind of complaint with a labor board or something? Or is this purely a tax issue between the employee and the tax authorities?
This is primarily a tax issue between you and the tax authorities. While the employer should have withheld correctly, the actual tax liability ultimately falls on the employee. Labor boards typically don't get involved in tax withholding disputes unless there's evidence of widespread and willful mishandling of employee withholdings. Your best bet would be to contact your state's department of revenue or taxation, as they might have procedures for reporting employers who fail to properly withhold local taxes. Some jurisdictions will contact the employer directly and may waive your penalties if they determine the employer was at fault.
Has anyone seen those "tax reciprocity" agreements between cities or states? I just found out my situation is covered by one of those and it saved me from double taxation. Might be worth checking if your cities have an agreement like that.
19 I'm an accounting assistant and see this all the time with our clients. One thing no one's mentioned yet is that the IRS usually only audits a specific part of your return, not the whole thing. Check your audit letter carefully - it probably specifies exactly which deductions they're questioning. No need to worry about EVERYTHING if they're only asking about certain items. Also, substantiation requirements differ by type of expense. Business travel and meals have stricter documentation requirements than something like office supplies. Your best bet is focusing your reconstruction efforts on the specific items they're actually auditing.
1 You're right, the letter is specifically asking about my business travel expenses ($4,200) and home office deduction ($2,800). Does that mean they're accepting the other deductions without question? Should I just focus on these two categories?
19 Yes, focus on just those two categories they're specifically questioning. The IRS typically doesn't expand an audit unless they find serious issues with the items they initially selected. The travel expenses will need more substantiation since they have stricter requirements - try to find emails about the conferences, calendar entries, photos from the events, or even statements from clients or colleagues confirming your attendance. For the home office, measurements of the space, photos, and a statement explaining how it was used exclusively for business purposes will help. Also look for utility bills, internet bills, or other expenses that support your use of that space as an office. Remember that your records don't have to be perfect - you just need to show reasonable evidence that these were legitimate business expenses.
10 Has anyone had to pay penalties in this situation? I'm curious if they just make you pay the additional tax or if they add penalties too. I'm in a similar spot and trying to figure out how much this might cost me if I can't find my receipts.
3 When I went through an audit 2 years ago, they charged me the additional tax plus interest from the original due date. They didn't add accuracy-related penalties because they determined I made a good faith effort and had some backup documentation (even though incomplete). If they think you were negligent or deliberately claimed false deductions, that's when the 20% accuracy penalty kicks in.
Has anyone tried just leaving the "Business name" field completely blank? When I finally got my W9 to work for ContentCreator platform, that's what worked. I was overthinking it and putting my channel name in that field, but it only wants your actual registered business name (if you have one) or nothing at all. Also make sure you're checking the right box at the top for individual/sole proprietor. I initially checked "Limited liability company" thinking that was right for being self-employed, but that was incorrect for my situation.
So if I'm just a regular person making videos, I should leave the business name blank even if I have a channel name? What about if I'm using a DBA ("doing business as") for my content?
If you're just a regular person making videos, yes, leave the business name field blank. Your channel name isn't relevant for tax purposes unless you've formally registered it as a business name. For a DBA situation, it gets a bit more complicated. If you've officially registered your DBA with your state or county, you can put that in the "Business name/disregarded entity name" field. But if you haven't formally registered it and just use it informally as your brand, many tax professionals recommend leaving that field blank and just using your legal name. The most important thing is that your name and SSN match what the IRS has on file.
Just a heads up to save everyone some time - make sure your address on the W9 matches EXACTLY what the IRS has on file too! I spent weeks trying different name formats before realizing the problem was actually my address. I had moved recently and even though I filed a change of address with USPS, the IRS still had my old address.
Freya Andersen
One thing nobody's mentioned yet is you should check if the difference between the programs might be related to the 7.5% AGI threshold for medical expenses. Remember, you can only deduct medical expenses that exceed 7.5% of your adjusted gross income. TurboTax and FreeTaxUSA might be calculating that threshold differently, or applying it at different stages of the process. Just something else to consider when comparing the two results!
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Eduardo Silva
ā¢That's a really good point about the 7.5% threshold! Does that calculation happen before or after the HSA distributions are considered? I always get confused about the order of operations for these deductions.
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Freya Andersen
ā¢The 7.5% AGI threshold applies to your total qualified medical expenses after you've already removed any expenses paid with tax-free distributions like HSAs. So the proper order is: 1) Add up all qualified medical expenses including Medicare premiums from SSA-1099, 2) Subtract any portion paid with HSA funds or otherwise reimbursed, 3) Calculate 7.5% of your AGI, 4) Subtract that 7.5% threshold amount from your adjusted medical expenses. What remains is your deductible medical expense amount for Schedule A.
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Leila Haddad
Has anyone compared how the two programs handle the Medicare Part B IRMAA surcharges? My parents had to pay extra for Medicare Part B because of their income level (Income-Related Monthly Adjustment Amount), and I noticed FreeTaxUSA and TaxAct treated these differently. Wondering if TurboTax has another approach.
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Emma Johnson
ā¢In my experience, TurboTax correctly identifies the IRMAA surcharges as deductible medical expenses when you enter the SSA-1099 information. They show up separately in the medical expenses worksheet. FreeTaxUSA required me to manually add these as additional medical expenses - they weren't automatically pulled from the SSA-1099 form.
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