Filing Taxes
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Filing Taxes Our club was started on August 20, 1963. We do not file taxes as a club, but individually. In 1997 the IRS declared that Investment Clubs that were formed before 1997 would continue to file separately, and their rules would not change. Will we have any problems, now that our Broker is Ameritrade, and we have signed up for your service? Our club signed up with Ameritrade in 2006, and we didn't hear anything about taxes from them. We plan to handle our taxes as usual, unless you think we should be filing as a club. Please advise. Well, are you, or are you not, a partnership? In whose name, and under what Tax ID, is your bank account?. In whose name, and under what Tax ID, is your brokerage account? So you must have previously been manually attributing each quarterly dividend, each monthly interest income, each gain/loss amongst each member. What a chore!!! How many man hours does that take in a year? Divided by $99, is that minimum wage? That aside, since you're paying $99/year for recordkeeping, wouldn't it be easier to just let Bivio do their job, and all you'd have to do was print and attach the K-1s to the individuals' tax returns? Else, why use Bivio? Beth A Theiss wrote: > Our club was started on August 20, 1963. We do not file > taxes as a club, but individually. In 1997 the IRS declared > that Investment Clubs that were formed before 1997 would > continue to file separately, and their rules would not > change. > > Will we have any problems, now that our Broker is > Ameritrade, and we have signed up for your service? > > Our club signed up with Ameritrade in 2006, and we didn't > hear anything about taxes from them. We plan to handle our > taxes as usual, unless you think we should be filing as a > club. > Please advise. <<
In 1997 the IRS declared that Investment Clubs that were formed before 1997
would continue to file separately, and their rules would not
change.
>> I think there may be some confusion, here. I know of no 'declaration' by
the IRS that clubs formed before 1997 would continue to file separately.
What exactly do you mean by 'file separately'. I suspect that you mean
that you just don't file a partnership return and each partner picks up his/her
share of the total club income on the personal return. If that is the case, then
you are NOT complying with the IRS rules for filing. If, on the other hand, you
are filing as co-owners, and are reporting each partner's share of EACH dividend
and EACH expense, as Thomas Hardy suggests, then you are going to a lot of extra
work, and still are probably not in compliance. Look at http://www.bivio.com/trez_talk/mail-msg?t=101500003 for
an article that I wrote on this subject.
<<
Our club signed up with Ameritrade in 2006, and we didn't hear anything
about taxes from them.
>>
Well, you won't hear anything from your broker about taxes, except for the
1099s that they send you relating to the dividends received from each
company.
If you could clarify what you mean by 'not filing as a club, but
individually', we probably could provide better guidance.
Rip West
Saint Paul, MN Thomas, in answer to your questions on your reply of 01/06/2009, we are a partnership with a Fed ID # on our Ameritrade Account. We no longer have a bank acct since we can write checks on the broker acct. As for "Manually" entering all the information, I have used the NAIC Easyware since 1989. I have given each member the Distribution of Earnings Report at the end of the year. and we each file the tax individually. We are going by the ruling in 1997, Publication 550 that states that: "An investment club that existed before 1997 is treated for 1997 and later years the same way it was treated before 1997", unless it chooses to be treated a different way under the new rules. To make that choice, the club must file Form 8832, Entity Classification Election." We have kept this rule in place all these years, and have not had any correspondence from the IRS, so I assume that we ARE complying with the IRS rules. However, if we are NOT in compliance, filing taxes will no longer be a problem, not that we have subscribed to Bivio. (I found Bivio when I was checking for NAIC Easyware updated software. I am delighted to find this because it takes a real load off my work. The best part is that I was able to import the Easyware files directly into Bivio and everything is in balance with my old program. Now every member can use the website and print reports for the meeting instead of me doing it every month. I highly recommend Bivio, and am thinking of starting another club, now that the treasurer's job is so simplified. Thomas Hardy wrote: > Well, are you, or are you not, a partnership? > In whose name, and under what Tax ID, is your bank account?. > In whose name, and under what Tax ID, is your brokerage > account? > So you must have previously been manually attributing each > quarterly dividend, each monthly interest income, each > gain/loss amongst each member. What a chore!!! How many man > hours does that take in a year? Divided by $99, is that > minimum wage? > That aside, since you're paying $99/year for recordkeeping, > wouldn't it be easier to just let Bivio do their job, and > all you'd have to do was print and attach the K-1s to the > individuals' tax returns? Else, why use Bivio? > > Beth A Theiss wrote: > > Our club was started on August 20, 1963. We do not file > > taxes as a club, but individually. In 1997 the IRS declared > > that Investment Clubs that were formed before 1997 would > > continue to file separately, and their rules would not > > change. > > > > Will we have any problems, now that our Broker is > > Ameritrade, and we have signed up for your service? > > > > Our club signed up with Ameritrade in 2006, and we didn't > > hear anything about taxes from them. We plan to handle our > > taxes as usual, unless you think we should be filing as a > > club. > > Please advise. Rip West, Thanks for your reply. To eliminate the confusion, I have been printing a "Distribution of Earnings Report" from the NAIC Easyware for each member to add to their individual federal tax forms. We have a Fed ID # which is on this report. We have been going by the 1997 IRS Publication 500 where it states, "An Investment Club formed before 1997, is treated for 1997 and later years the same way it was treated before 1997, unless it chooses to be treated a different way under the new rules. To make that choice, the club must file Form 8832, Entity Classification Election" We chose to continue as before 1997, and have not received any communication from the IRS, so we hopefully are in compliance with the IRS rules for filing. Now that we have subscribed to Bivio, filing taxes are not a problem, however, don't you think we should continue doing what we are doing??? If you know of any changes in this rule we are going by, please advise. Thanks for your help. Rip West wrote: > << > In 1997 the IRS declared that Investment Clubs that were formed before 1997 > would continue to file separately, and their rules would not > change. > >> > > I think there may be some confusion, here. I know of no 'declaration' by > the IRS that clubs formed before 1997 would continue to file separately. > What exactly do you mean by 'file separately'. I suspect that you mean > that you just don't file a partnership return and each partner picks up his/her > share of the total club income on the personal return. If that is the case, then > you are NOT complying with the IRS rules for filing. If, on the other hand, you > are filing as co-owners, and are reporting each partner's share of EACH dividend > and EACH expense, as Thomas Hardy suggests, then you are going to a lot of extra > work, and still are probably not in compliance. Look at http://www.bivio.com/trez_talk/mail-msg?t=101500003 for > an article that I wrote on this subject. > > << > Our club signed up with Ameritrade in 2006, and we didn't hear anything > about taxes from them. > >> > > Well, you won't hear anything from your broker about taxes, except for the > 1099s that they send you relating to the dividends received from each > company. > > If you could clarify what you mean by 'not filing as a club, but > individually', we probably could provide better guidance. > > > Rip West > Saint Paul, MN > Beth,
You have misinterpreted the rules for filing a partnership return.
<<
"An investment club that existed before 1997 is treated
for 1997 and later years the same way it was treated before 1997", unless it chooses to be treated a different way under the new rules. To make that choice, the club must file Form 8832, Entity Classification Election." >> The above excerpt, which you quoted, was intended to allow clubs that had
filed as associations or corporations to continue that way. You did not come
under that classification. More than likely, you were operating under NAIC
advice that you didn't need to file a return if you had elected section 761
status. Naic subsequently rescinded this recommendation, and the IRS said that
761 was never intended for investment clubs. The upshot of all this is that you
are supposed to be filing a partnership return. Again, I urge you to read my
article at
If you have been using the Easyware software all these years, your members
probably have been filing inaccurate information, because the tax law changed
quite a bit since those days. My advice to you is to file for 2008. If the IRS
asks you why you havent been filing, tell them that you were operating under a
761 election.
Rip West Saint Paul, MN |
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