g***1
发帖数: 48 | 1 我以前在一个trading公司做股票。公司除了给我发工资外还给我发K1（income）。我
以前发的K1上赚了不少钱。我交了不少税。但是我去年股票亏了不少。当然去年公司也
给我发了工资，但是现在老板不想给我发K1。我以前交了不少税，那么去年亏了，他们
也该给我发K1，我好用K1减税。请问公司有义务给我发K1吗？我觉得应该，不然我2007
年底的BALANCE到哪里去了？我只是感觉，很不专业。请教各位大侠指点指点。我该怎
么跟我以前公司的老板说。
一般人做股票，证券公司给STATEMENT，给1099。自己准备schedule D，然后根据
schedule D的gain/lose来交税，减税。而我在daytrading公司做股票，赚的钱一部分
作为w2用工资的形式发给我，另外一部分就以k1的形式发给我，然后我用w2和k1保税。
前几年赚了不少钱，在k1上都有体现，所以我交了不少税，但是去年亏了钱，我是不是
也该在k1上体现出来啊。
为了你们能详细理解，我给个例子。比如2006你投入5万块，然后你赚了15万，然后给
你发了8万的工资，那么你的K1表现就是capital contribut |
p*******7
发帖数: 206 | 2 你们公司是partnership的形式吗?
你是partner吗?
如果是,那么应该给你发K-1的 |
g***1
发帖数: 48 | 3 记得以前填过，应该是CLASS C MEMBER。后来说是用公司的钱了。那么是不是公司应该
把2007年底的BALANCE退给我啊？总之，我的钱到哪里去了？总得给我个说法吧？要么
K1，要么1099，要么把2007年底的BALANCE退给我？
【在 p*******7 的大作中提到】
: 你们公司是partnership的形式吗?
: 你是partner吗?
: 如果是,那么应该给你发K-1的
|
p*******7
发帖数: 206 | 4 应该把以前签的东西拿回来念念啊....
【在 g***1 的大作中提到】
: 记得以前填过，应该是CLASS C MEMBER。后来说是用公司的钱了。那么是不是公司应该
: 把2007年底的BALANCE退给我啊？总之，我的钱到哪里去了？总得给我个说法吧？要么
: K1，要么1099，要么把2007年底的BALANCE退给我？
|
g***1
发帖数: 48 | |
g***1
发帖数: 48 | 6 几十页的合同，要看懂不容易。就是全看完也要很长时间。你就从常识来说说吧。公司
怎么交待我的钱到哪里去了？公司还在发展中。
【在 p*******7 的大作中提到】
: 应该把以前签的东西拿回来念念啊....
|
p*******7
发帖数: 206 | 7 说了呀,如果是partnership的,如果你是partner的话,就应该给k-1啊.但是怎么弄,应该
都在agreement写清楚了的呀...
【在 g***1 的大作中提到】
: 几十页的合同，要看懂不容易。就是全看完也要很长时间。你就从常识来说说吧。公司
: 怎么交待我的钱到哪里去了？公司还在发展中。
|
g***1
发帖数: 48 | 8 如果不是了呢？公司就把钱给我黑了？那大家都可以开个这样的公司黑钱了？
【在 p*******7 的大作中提到】
: 说了呀,如果是partnership的,如果你是partner的话,就应该给k-1啊.但是怎么弄,应该
: 都在agreement写清楚了的呀...
|
p*******7
发帖数: 206 | 9 如果不是的话,那你自己也得知道是个啥,然后才知道怎么办呀...
【在 g***1 的大作中提到】
: 如果不是了呢？公司就把钱给我黑了？那大家都可以开个这样的公司黑钱了？
|
s******g
发帖数: 654 | 10 You and your company are getting into big trouble now. First, you did not
pay payroll tax for your earned income from K-1. This will trigger a
employer and FICA tax audit. Second, you are not a partner for your company.
Your company may even not file your name as a partner to the state gov. That is
against partnership disclosure requirement. It is the law.You better watch
your back. FICA is 7.65% of your earned income. I know startup company and
employees always want to escape from employer tax. |
|
|
g***1
发帖数: 48 | 11 你是没有仔细看我的CASE呢还是没看懂？你口口声声说我big trouble，你有根据吗？
我现在都还没报税呢。
我拿了W2（工资）。工资部分是交了TAX的。但是我是亏了钱的啊。我2007年的K1
BALANCE都没了。我哪里逃税了？“
First, you did not pay payroll tax for your earned income from K-1”
我没拿到K1，如果拿到了，应该是LOSE，我为什么要交K1的税？
“Second, you are not a partner for your company.”
这个我也不知道。如果出问题也是公司的问题。是他们的工作没做到位，关我什么事情？
“Finally, you do not have any capital in your company. It is true. Your
capital balance is always zero.”
不知道你见识过K1没有？为什么capital balance is always 0?我2006，2007的年终
capital balance都不是0，都是增长的。我都
【在 s******g 的大作中提到】
: You and your company are getting into big trouble now. First, you did not
: pay payroll tax for your earned income from K-1. This will trigger a
: employer and FICA tax audit. Second, you are not a partner for your company.
: Your company may even not file your name as a partner to the state gov. That is
: against partnership disclosure requirement. It is the law.You better watch
: your back. FICA is 7.65% of your earned income. I know startup company and
: employees always want to escape from employer tax.
|
s******g
发帖数: 654 | 12 Your question is quite simple. First, you did not contribute capital out of
your pocket. Let me ask you why your capital balance can increase? You said
it was because you made money for your company, they paid you for the
capital increase. Well, that means this was your earned income or bonus from
your company. Then you contributed the bonus/salary into your capital
account. You must report it as a ordinary income W-2 instead of K-1 Schedule
E. The additional question is if you read the IRS or s |
g***1
发帖数: 48 | 13 You still did not read my post completely and you did not understand. You
assumed too much you don't know.
1. I did contributed money out of my pocket.
2. I used my contributed money to trade stock and I made money in 2006, 2007
. The profit I made was divided by two parts: Salary (w2) and K1. So Salary+
K1 income = Profit I made. I paid tax on both w2 and K1 income.
3. In 2008, I did make some money but the money is less than the salary they
paid me. But overally they still made money from me b
【在 s******g 的大作中提到】
: Your question is quite simple. First, you did not contribute capital out of
: your pocket. Let me ask you why your capital balance can increase? You said
: it was because you made money for your company, they paid you for the
: capital increase. Well, that means this was your earned income or bonus from
: your company. Then you contributed the bonus/salary into your capital
: account. You must report it as a ordinary income W-2 instead of K-1 Schedule
: E. The additional question is if you read the IRS or s
|
g***1
发帖数: 48 | 14 Why did you keep saying "You definitely just try to avoid payroll tax."? I
already paid payrol tax (deducted from my monthly pay check). Why did you
guess so much instead of sound reasoning or solid facts?
of
said
from
Schedule
【在 s******g 的大作中提到】
: Your question is quite simple. First, you did not contribute capital out of
: your pocket. Let me ask you why your capital balance can increase? You said
: it was because you made money for your company, they paid you for the
: capital increase. Well, that means this was your earned income or bonus from
: your company. Then you contributed the bonus/salary into your capital
: account. You must report it as a ordinary income W-2 instead of K-1 Schedule
: E. The additional question is if you read the IRS or s
|
g***1
发帖数: 48 | |
g***1
发帖数: 48 | 16 But you still did not answer my question. It may be really weird for a
company to issue both W2 and K1 to employee, but my company did. It is not a
small company. It has around 100 to 200 poeple. What I really want to know
is how I can try be fairly treated. I do not want to avoid tax and I did pay
a lot of tax in the past years, I want to pay tax. I just want the company
to issue me a k1 or a 1009 so I can claim my trading lose in 2008. Hope you
can offer me some advice. |
g***1
发帖数: 48 | 17 Thank you for you input! |
L**2
发帖数: 101 | 18 K-1 from partnership, LLC, S corporation's partner,member,or shareholder.
if you are those people as listed, you should get k-1 from your company.
I think you boss may issue all the loss to big partners, you did not get
loss allocation.
Check the agreement about the gain and loss distribution rule on your
agreement.
for 2008 capital loss, only capital gain can offset it.(only 3000 LOSS allow
) so the non used capital loss will keep in your account and used for
future year.
BETTER talk to your b |
L**2
发帖数: 101 | |
g***1
发帖数: 48 | 20 Thanks. It seems your answer is closer. My boss indicated he wanted to use
my loss for his tax purpose. I need to figure it out. But for common sense,
if I gain, I pay tax, if I lose, I can not claim lose, it is not fair, right?
For the capital gain/lose limit 3000. I am not sure how I can combine
Schedule D and Schedule E (k1) together. I know capital lose from Schedule D
can only be claimed 3000, but how about capital lose from Scheduel E (k1)?
I wise it is also 3000, otherwise the lose is mor
【在 L**2 的大作中提到】
: K-1 from partnership, LLC, S corporation's partner,member,or shareholder.
: if you are those people as listed, you should get k-1 from your company.
: I think you boss may issue all the loss to big partners, you did not get
: loss allocation.
: Check the agreement about the gain and loss distribution rule on your
: agreement.
: for 2008 capital loss, only capital gain can offset it.(only 3000 LOSS allow
: ) so the non used capital loss will keep in your account and used for
: future year.
: BETTER talk to your b
|
|
|
L**2
发帖数: 101 | 21 by the way, since you get w-2 and k-1 at the same time,you are employee and
partners at the same time. That is legal and nothing wrong with this.
the k-1 income pass through to your personal tax return, there is nothing
avoid tax thing in your case.
I guess Shenyang donot know about the k-1 pass through function and
partnership/LLC/S corporation all have those functions.
which box does your compeny report your income?
as normal business income or capital gain?
because your company is day trading |
L**2
发帖数: 101 | |
L**2
发帖数: 101 | |
g***1
发帖数: 48 | 24 I just checked my previous K1. The box 11 is checked (Other income/lose).
You are right, although I lost money, but the company overall should have
made a lot of money. But I still should get a k1 with lose for tax deduction
, right?
and
【在 L**2 的大作中提到】
: by the way, since you get w-2 and k-1 at the same time,you are employee and
: partners at the same time. That is legal and nothing wrong with this.
: the k-1 income pass through to your personal tax return, there is nothing
: avoid tax thing in your case.
: I guess Shenyang donot know about the k-1 pass through function and
: partnership/LLC/S corporation all have those functions.
: which box does your compeny report your income?
: as normal business income or capital gain?
: because your company is day trading
|
x*******2
发帖数: 456 | 25 i think it is better to find a reputable CPA in your area. Pay several
hundred dollars to get a reliable service. It is much better than asking at
here. People may not be qualified to answer your answer. And you cannot give
enough details, even professional cannot help you without clear information
.
为省点小钱，耽误了大事，不值当。 |
w**********8
发帖数: 51 | 26 你需要找一个CPA，从你说的，不好给你答案，需要看到你以前的K－１才能知道是怎么
回事。所以，你赶快找一个当地的CPA帮你吧。
deduction
【在 g***1 的大作中提到】
: I just checked my previous K1. The box 11 is checked (Other income/lose).
: You are right, although I lost money, but the company overall should have
: made a lot of money. But I still should get a k1 with lose for tax deduction
: , right?
:
: and
|
s*******e
发帖数: 432 | 27 if you are a partner, the company has the obligation to give you a K-1,
otherwise they will be fined heavily. You can read instruction for form K-1. |
L**2
发帖数: 101 | 28 you get percentage of your company's total income(loss) from K-1 to you,
therefore, the money you loss have nothing to do with k-1, if that is your
personal investment, you should not invest to your company.
My suggestion is you need do day trading as your personal business not as a
partner of your company.
then you can deduct all the loss.
California CPA
最多退税，最优收费。
精通美国、加拿大个人及企业税。
121 S Del Mar
San Gabriel, 91776
323-770-4211
323-532-6873
u*****[email protected] |
s**e
发帖数: 1834 | 29 I think I know why skenyang thought you did not pay tax for your K-1.
In your example, your K-1 balance always increases with the full amount that
was allocated to your capital account (50k -> 120k -> 240k), so you did not
use your capital account to pay tax for your K-1. I suppose you paid the K1
tax using money other than from the capital account.
Is this a 1256?
2007
Salary+
they
to
【在 g***1 的大作中提到】
: You still did not read my post completely and you did not understand. You
: assumed too much you don't know.
: 1. I did contributed money out of my pocket.
: 2. I used my contributed money to trade stock and I made money in 2006, 2007
: . The profit I made was divided by two parts: Salary (w2) and K1. So Salary+
: K1 income = Profit I made. I paid tax on both w2 and K1 income.
: 3. In 2008, I did make some money but the money is less than the salary they
: paid me. But overally they still made money from me b
|
L**2
发帖数: 101 | 30 you donot know k-1 how to report income.
partner's capital account is only use for cost basis of his partnership interest.
in the future when this partner sell out his partnership interest , he need the cost to figure out the gain or loss on this sale of partnership interest.
the captial account is not same with shareholder's retain earnings.
so all his income will be report in box 11 in k-1 , go through his personal
income tax already. and the capital account will increase by the amount of the
【在 s**e 的大作中提到】
: I think I know why skenyang thought you did not pay tax for your K-1.
: In your example, your K-1 balance always increases with the full amount that
: was allocated to your capital account (50k -> 120k -> 240k), so you did not
: use your capital account to pay tax for your K-1. I suppose you paid the K1
: tax using money other than from the capital account.
: Is this a 1256?
:
: 2007
: Salary+
: they
|
|
|
T******r
发帖数: 265 | 31 你的说法有点不明确。你每年actually只拿到8万刀，还是2006年实际到手8万+7万=15
万？如果是前者，确实是亏了，不过如果你当初与公司的协议就是这样，也没办法，下
次找公司的时候注意点。
如果是后者，其实报亏的tax effect 对你很小：
如果到手15万说明7万是dividend,另有7万captial account increase? 或7万captial
account increase全发了dividend? 如果全发了，capital account 就应该始终是 5万
- your contribution. 现在你亏了20万，你的capital account 只有5万，即你
capital asset只有5万，你只是觉得自己损失20万。 |
g***1
发帖数: 48 | 32 You are right. I used money out of my bank checking account to pay the K1
tax.
It is not 1256. It is I.R.C. 475(F) MTM.
that
not
K1
【在 s**e 的大作中提到】
: I think I know why skenyang thought you did not pay tax for your K-1.
: In your example, your K-1 balance always increases with the full amount that
: was allocated to your capital account (50k -> 120k -> 240k), so you did not
: use your capital account to pay tax for your K-1. I suppose you paid the K1
: tax using money other than from the capital account.
: Is this a 1256?
:
: 2007
: Salary+
: they
|
g***1
发帖数: 48 | 33 你说的实际到手的说法可能不大对。我公司的账户其实相当于一般的券商账户。我随时
都可以把钱拿出来。相当于我以前赚了钱还是放在那里一部分（另外一部分付工资了）
。我以前赚的钱没拿出来，然后用银行帐号交了税。现在那里的帐号亏没了，所以我想
claim lose.
15
captial
【在 T******r 的大作中提到】
: 你的说法有点不明确。你每年actually只拿到8万刀，还是2006年实际到手8万+7万=15
: 万？如果是前者，确实是亏了，不过如果你当初与公司的协议就是这样，也没办法，下
: 次找公司的时候注意点。
: 如果是后者，其实报亏的tax effect 对你很小：
: 如果到手15万说明7万是dividend,另有7万captial account increase? 或7万captial
: account increase全发了dividend? 如果全发了，capital account 就应该始终是 5万
: - your contribution. 现在你亏了20万，你的capital account 只有5万，即你
: capital asset只有5万，你只是觉得自己损失20万。
|
g***1
发帖数: 48 | 34 今天给boss打电话说我咨询过会计师和IRS了，说他们不给我K1的话是serious
violation of regulation。然后一个小时后后就收到K1了。多谢各位的意见。 |
