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I am the sole proprietor of an LLC business. My husband

Customer Question
I am the sole...

I am the sole proprietor of an LLC business. My husband isn't able to work and receives disability from WA state.

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits properly. Please tell me more, so we can help you best.

We just received notices that said he no longer can be on disability, and has to pay back 21,000+ because the taxes had both of our names on it.

Accountant's Assistant: Is there anything else important you think the Retirement Accountant should know?

H and R block said because we are married that it had to be in both of our names. We only had 5,000.00 left after expenses, but I guess buying equipment wasn't able to be expensed all out in 2016.

Submitted: 3 months ago.Category: Social Security
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Answered in 4 days by:
3/24/2018
Social Security Expert: PDtax, CPA firm owner replied 3 months ago
PDtax
PDtax, CPA firm owner
Category: Social Security
Satisfied Customers: 5,084
Experience: 35 years tax and professional advice in all matters money
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Welcome to the site. I'mCustomer and will be helping you today.

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Social Security Expert: PDtax, CPA firm owner replied 3 months ago

I believe you can fix things by correcting the return prepped for you and filed. A 1040X is used.

On it, remove your husband's name from the Schedule C you used to report your LLC income. The preparer was incorrect is saying both of your names had to be on it when originally filed.

Then, use that amended return as proof that an error was made. I would send a copy of the return, along with an explanatory letter, to the agency and ask them to review their decision.

They will likely ask for proof that it is solely your business, so a copy of the original LLC formation documents, copies of prior year Schedule C's under your name only, should suffice.

I hope this gives a course of action that makes sense, and good luck with fixing things. You should know that a lot of tax professional's work this time of year is fixing issues from the storefront tax shops.

Please take a moment after review to post positive feedback for my work. Five stars is best, ***** ***** consider a bonus if warranted. I'mCustomer

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