


Ask the community...
Just to add another perspective here - I've been running my single-member LLC with S-Corp election for 4 years now, and can confirm that Form 2553 is definitely a one-time filing. Once you get that approval letter from the IRS, you're set until you voluntarily terminate or something goes wrong. The real ongoing work is making sure you stay compliant with payroll requirements and file Form 1120-S annually. I learned the hard way that you can't just ignore the reasonable salary rule - the IRS did flag me in year 2 when I was taking mostly distributions and barely any salary. Had to adjust and provide documentation showing how I calculated a reasonable wage for my role. One tip: keep that original S-Corp approval letter from the IRS in a safe place. I've needed to reference it multiple times over the years for various business purposes, and it's your proof that the election is valid and when it took effect.
This is really helpful to hear from someone with actual experience! I'm curious about the IRS flagging you for the salary issue - did they audit you or just send a notice? And when you had to provide documentation, what kind of proof did they want to see? I'm trying to make sure I set up my payroll correctly from the start to avoid any issues down the road.
It wasn't a full audit - they sent what's called a "correspondence audit" letter asking specifically about my salary vs. distributions ratio. They wanted to see documentation like: job descriptions showing my responsibilities, comparable salary data from my industry/area, payroll records showing I was actually paying myself through proper payroll (with taxes withheld), and business records showing the work I was doing justified the salary. The key thing they looked for was that I could demonstrate I researched what similar positions pay and that my salary wasn't artificially low just to avoid payroll taxes. I used Bureau of Labor Statistics data and some industry salary surveys to justify my numbers. Took about 3 months to resolve but no penalties since I could show reasonable basis for my salary amount. My advice: set up proper payroll from day one (I use Gusto), document your salary research, and err on the side of slightly higher salary rather than risk looking like you're gaming the system.
Great question, Joshua! I can confirm what others have said - Form 2553 is absolutely a one-time filing. Once the IRS approves your S-Corp election (which you already have confirmation for), it stays in effect indefinitely unless you voluntarily revoke it or violate the S-Corp eligibility requirements. The confusion you're seeing online probably comes from mixing up the initial election form with the ongoing filing requirements. What you DO need to file annually now is Form 1120-S (S-Corporation Income Tax Return) by March 15th, and you'll need to issue yourself a Schedule K-1 as the sole shareholder. Since you're already into your second year with S-Corp status, make sure you're staying compliant with the reasonable salary requirement - you need to pay yourself wages through payroll (not just distributions) for any work you do in the business. This is probably the most important ongoing requirement to avoid IRS scrutiny. Keep that original approval letter somewhere safe - you may need it for banking, business applications, or if questions ever come up about when your election took effect.
This is exactly the confirmation I needed! Thank you for breaking it down so clearly. I was getting really stressed about potentially missing some annual filing requirement for the S-Corp election itself. One follow-up question - you mentioned the March 15th deadline for Form 1120-S. Is that a hard deadline or can you get an extension like with personal tax returns? I'm usually pretty organized with my taxes but want to know what my options are if something comes up. Also appreciate the reminder about keeping the approval letter safe. I have it in my business files but should probably scan a digital copy as backup.
You can definitely get an extension for Form 1120-S! Just like personal returns, you can file Form 7004 to get an automatic 6-month extension, which pushes the deadline from March 15th to September 15th. However, this is only an extension to file the return - if you owe any taxes, you still need to pay them by the original March 15th deadline to avoid penalties and interest. The good news is that most S-Corps don't owe corporate-level taxes since the income/losses pass through to the shareholders, so the extension usually works out fine. Just make sure you still issue your K-1 to yourself in a timely manner since you'll need it for your personal tax return. And yes, definitely scan that approval letter! I learned this lesson when my physical copy got damaged in a small office flood. Having digital backups of all your important business documents is a lifesaver.
Great question! I went through this exact same confusion when I bought my Tesla Model 3 last year. The $7500 is indeed a tax CREDIT, not a deduction - meaning it reduces your actual tax bill dollar-for-dollar, which is much better than a deduction would be. At $130k income, you're well under the income limits for single filers ($150k), so you should qualify. The "non-refundable" part just means if you only owe $5000 in taxes for the year, you can only use $5000 of the credit (you don't get the extra $2500 back as a refund). But with your income level, you'll almost certainly owe more than $7500 in federal taxes, so you should be able to use the full credit. One important thing to double-check: make sure the specific Tesla model and trim you're buying meets the price cap requirements ($55k for cars, $80k for SUVs/trucks). Some higher-end configurations don't qualify. Also verify that Tesla still qualifies for the full $7500 - the credit amount can change based on battery component sourcing. Good luck with your purchase! The credit really does make a significant difference in the total cost.
Thanks for the detailed explanation! I'm actually looking at the Model Y Long Range which should fall under the SUV category with the $80k price cap. One thing I'm still confused about though - when you say "non-refundable" and needing to owe more than $7500 in federal taxes, are you talking about the total tax liability before any withholdings, or the amount I'd still owe after my employer's withholdings throughout the year? I usually get a small refund each year because my employer withholds slightly more than I actually owe.
Great question! When we talk about the $7500 tax liability requirement, we're referring to your total federal income tax liability BEFORE any withholdings or payments you made throughout the year. So even if you typically get a refund because your employer over-withholds, you can still use the full $7500 credit as long as your actual tax liability (the amount calculated on your return before considering withholdings) is at least $7500. For example, let's say your total tax liability for the year is $12,000, but your employer withheld $13,000 from your paychecks. Normally you'd get a $1,000 refund. With the $7,500 EV credit, your tax liability drops to $4,500, so now you'd get an $8,500 refund instead ($13,000 withheld minus $4,500 owed). The credit effectively increases your refund by the full $7,500 amount. At your income level, your total tax liability will definitely be well above $7,500, so you should be able to take advantage of the full credit regardless of your withholding situation!
One more thing to consider - timing matters! If you're planning to buy in the next few months, be aware that the point-of-sale rebate option is now available for many dealers. This means instead of waiting until you file your taxes to get the $7500 benefit, you can potentially get it applied as a discount right at the dealership when you purchase. However, not all dealers participate in this program, and if you use the point-of-sale option, you can't also claim the credit on your tax return - it's one or the other. The upfront discount can be nice for cash flow, but make sure you understand how it works with your specific dealer. Also, keep all your paperwork! You'll need the dealer's certification that the vehicle qualifies, along with your purchase agreement showing the VIN, to properly claim the credit if you don't use the point-of-sale option.
This is really helpful info about the point-of-sale option! I had heard about this but wasn't sure how it worked. Do you know if there are any downsides to taking the discount upfront versus waiting to claim it on taxes? Like, does it affect your tax situation differently, or are there any risks if the IRS later determines the vehicle didn't actually qualify for some reason? Also, how do you find out which dealers in your area participate in this program? Is it something Tesla handles directly or do you have to ask each individual dealer?
I had almost the exact same situation with a CP30 notice last year! The key thing to understand is that the IRS penalty isn't just about whether you paid enough total tax - it's about the timing of when you made those payments throughout the year. Even though you overpaid by about $2,200, if you made most of those payments late in the year (like in Q4), you can still get hit with the underpayment penalty for the earlier quarters. The IRS basically wants you to pay taxes as you earn income, not all at once at the end. Before you spend hours on hold with the IRS, I'd suggest looking into "First-Time Penalty Abatement" if you've had clean tax compliance for the past few years. The IRS will often waive penalties for first-time mistakes if you have a good payment history. You can request this over the phone or in writing - might save you the $120 penalty entirely!
This is really helpful, thanks! I had no idea about the First-Time Penalty Abatement option. I've been filing taxes for about 8 years and never had any penalties or late payments, so this sounds like it could work for me. Do you know if there's a specific form I need to fill out, or can I just call and request it? And is there a time limit on when I can request this abatement?
You don't need a specific form for First-Time Penalty Abatement! You can request it either by calling the IRS directly (mention "FTA" - they know the acronym) or by writing a simple letter to the address on your CP30 notice. Just state that you're requesting First-Time Penalty Abatement for the estimated tax penalty, mention your clean compliance history, and reference your notice. There's generally no strict time limit, but it's best to request it sooner rather than later. You can request FTA even after you've paid the penalty - they'll refund it if approved. The IRS is usually pretty generous with FTA as long as you meet the requirements (no penalties in the prior 3 years and current on filings/payments).
I went through this exact same situation a few months ago and it was so frustrating! The CP30 notice makes it look like you owe money even when you clearly overpaid for the year. What helped me understand it was realizing that the IRS has these "safe harbor" rules for estimated taxes. Basically, you need to pay either 90% of the current year's tax liability OR 100% of last year's tax (110% if your prior year AGI was over $150k) - AND you need to make these payments evenly throughout the year in quarterly installments. So even though your total payments exceeded what you owed, if you made most of those payments in Q4 instead of spreading them across all four quarters, you'd still get hit with the penalty for underpaying in the earlier quarters. The good news is that this penalty is often waivable! Since you clearly had the money to pay your taxes (you overpaid!), you can request penalty abatement based on reasonable cause or first-time penalty relief if you have a clean compliance history. Don't just pay it without trying to get it removed first.
This is really helpful! The "safe harbor" rules explanation makes so much sense. I think I definitely fell into the trap of making most of my payments in Q4. Quick question - when you requested penalty abatement, did you have to provide any specific documentation or was it pretty straightforward? I'm trying to decide whether to call or write a letter, and I want to make sure I include everything they might need to approve the request.
Just wanted to add a perspective from someone who went through IRS scrutiny on this exact issue. I had a similar situation with my S-Corp - large cash reserves and what the IRS deemed an "unreasonably low" salary of $30k while the business was generating much more. The IRS audit was triggered not by the distribution itself, but by the salary-to-distribution ratio. They reclassified $45k of my distributions as salary, which meant I owed additional payroll taxes plus penalties and interest. It was expensive and stressful. Here's what I learned: The IRS uses several factors to determine "reasonable compensation" including what similar businesses pay for comparable work, your qualifications/experience, time devoted to the business, and the company's profitability. With $350k in accumulated cash, you're likely generating significant income, which makes a $24k salary look suspicious. My CPA now recommends the "60/40 rule" as a starting point - roughly 60% reasonable salary, 40% distributions. It's not a hard rule, but it's defensible. Before taking any large distribution, I'd strongly suggest increasing your salary to a more reasonable level first. The payroll taxes hurt, but they're much less painful than an audit and reclassification penalties. Also consider that business HYSA rates are often very competitive now - you might get 4%+ while keeping everything properly separated.
Wow, thank you for sharing your actual audit experience - that's exactly the kind of real-world insight that's so valuable! The 60/40 rule is really helpful as a starting point. Your point about the salary-to-distribution ratio triggering scrutiny makes perfect sense. If Oliver is sitting on $350k in business cash but only paying himself $24k annually, that's a huge red flag. Even if his business income fluctuates, that level of cash accumulation suggests the business is consistently profitable. Quick question about the reclassification - when the IRS moved $45k from distributions to salary, did that affect multiple tax years or just the year they audited? And did you have to amend your corporate tax returns as well as personal returns? The business HYSA suggestion keeps coming up and honestly seems like the safest path forward. Keep the money properly classified, earn decent interest, and avoid any potential audit triggers while Oliver works with a CPA to determine what his salary should actually be.
As someone who went through a similar situation with my S-Corp, I'd echo the concerns others have raised about your $24k salary. That seems dangerously low given the cash accumulation in your business account. Here's my practical suggestion: Before moving any money, work with a CPA to determine what your reasonable salary should actually be. In my case, I was underpaying myself by about $40k annually, which created problems when I tried to take large distributions later. Once you've adjusted your salary to a defensible level, you have a few good options: 1. **Business HYSA** - This is probably your safest bet. Many banks offer business savings accounts with competitive rates (often matching personal account rates). You keep proper separation while earning interest. 2. **Gradual distributions** - If you do want to move money personally, consider spreading it over 2-3 years rather than one large transfer. This helps with tax planning and looks less suspicious. 3. **Document everything** - Whatever you do, make sure it's properly recorded in your corporate minutes with clear business justification. The key is getting your salary right first. The IRS looks at the total compensation picture, and a $24k salary with $350k in business cash is going to raise eyebrows. Fix the salary issue, then you'll have much more flexibility with the excess cash without audit risk.
Dallas Villalobos
This is a really helpful thread! I'm in a similar boat with ISOs from my startup and was getting overwhelmed by all the AMT implications. One thing I wanted to add - make sure you check with your company's stock plan administrator about any specific requirements they have for disqualifying dispositions. My company required me to notify them within 30 days of the sale so they could properly report the compensation income on my W-2. Some companies handle this automatically through their brokerage, but others need manual notification. Also, if your company stock is still private/pre-IPO, the calculation of FMV at exercise might need additional documentation for the IRS. The tax implications everyone's discussed are spot on, but don't forget about the administrative side with your employer. Better to get ahead of it now than scramble at tax time!
0 coins
Paolo Ricci
ā¢This is such an important point that I wish I had known earlier! I went through a disqualifying disposition last year and completely forgot to notify my company's stock plan administrator. Come tax time, my W-2 didn't include the bargain element as compensation income, which created a huge mess with my tax filing. I had to go back to my company in March (well past the deadline) and get an amended W-2 issued. The whole process delayed my tax filing by almost two months and I had to file an extension. The IRS still expects you to report that income correctly even if your employer messes up the W-2, so you end up having to reconcile everything manually. For anyone reading this - definitely check your company's process BEFORE you sell. Some companies are really on top of this and have automated systems, but others (especially smaller startups) might not even realize they need to track and report these dispositions. Better to ask the awkward questions upfront than deal with the paperwork nightmare later!
0 coins
Vanessa Figueroa
I went through a similar situation with my ISOs last year and can share some additional considerations beyond the great advice already given here. One thing that really caught me off guard was the state tax implications - even though the federal treatment becomes straightforward with a disqualifying disposition, some states have different rules. Also, if you're planning to do the same-day sale and rebuy strategy, make sure you have enough cash flow to handle the immediate tax hit. With a disqualifying disposition, you'll owe ordinary income tax on that $16,250 bargain element (1,250 shares Ć $13 spread) in the year of sale, which could be a significant amount depending on your tax bracket. One more practical tip - if your company uses a third-party administrator like Carta or Shareworks for stock plans, they often have calculators that can model different sale scenarios including the tax implications. Might be worth checking if your company has something like that available before you make your final decision. The wash sale rule clarification from earlier comments is spot on - since you're selling at a gain, you're in the clear there. But definitely coordinate with your company on the reporting requirements as others mentioned!
0 coins