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I completely understand your frustration! As someone who's dealt with S-Corp filings for several years, I can confirm that yes, the penalties apply even when there's no tax liability. The $210 per shareholder per month penalty is automatic under IRC Section 6699. A few key points for your situation: - The penalty starts accruing from the day after the original due date (March 15th for calendar year S-Corps) - It applies for up to 12 months maximum - Drake should calculate this penalty, but definitely verify it manually One thing that might help your client: if they have a clean filing history for the past 3 years, they may qualify for first-time penalty abatement. Also, if there were legitimate circumstances that prevented timely filing (like their previous accountant's issues), they could potentially argue "reasonable cause" for penalty relief. My advice: file the current year return ASAP, and consider submitting a penalty abatement request with a detailed explanation of the circumstances. Even if partially successful, it could save your client hundreds or thousands in penalties.
This is really helpful advice, especially about the first-time penalty abatement option. I had no idea that was available for S-Corps with clean filing histories. Quick question - when you say "clean filing history for the past 3 years," does that mean they need to have filed on time every year, or just that they filed eventually without any major compliance issues? My client's situation with the previous accountant filing late but eventually getting things submitted makes me wonder if they'd still qualify.
Great question! For first-time penalty abatement, the IRS typically looks at whether you've been assessed penalties (not just whether you filed on time). If your client's previous accountant did eventually file and there were no penalties assessed for those late filings, they might still qualify. The key factors the IRS considers for "clean compliance history" are: - No penalties assessed in the prior 3 tax years - All required returns filed (even if late, as long as no penalties were charged) - All taxes paid (or payment arrangements made) Since you mentioned the previous accountant told them "nothing was owed," it's possible no penalties were actually assessed if the IRS accepted reasonable cause arguments or if the filings weren't that late. I'd recommend pulling transcripts for the past 3 years to see exactly what's on record with the IRS before making the abatement request. Even if they don't qualify for first-time abatement, reasonable cause based on reliance on a tax professional who failed to meet deadlines can still be a valid argument for penalty relief.
One thing I'd add that hasn't been mentioned yet - make sure to check if your client's S-Corp election is still valid! If they've been filing late consistently, the IRS might have terminated their S-Corp status without them realizing it. This would mean they'd be taxed as a C-Corp instead, which creates a whole different (and much worse) penalty and tax situation. You can check this by looking at their Entity Classification Election status or calling the IRS Business & Specialty Tax Line. If the S-Corp election was inadvertently terminated due to late filings, you might need to file for relief under Rev. Proc. 2013-30 to get it reinstated. Also, since you're new to Drake for S-Corps, double-check that the software is properly calculating the penalty on the correct number of shareholders. I've seen cases where people forgot to account for spouse shareholders or missed shareholders who only held stock for part of the year. The penalty calculation can get tricky with mid-year ownership changes. Good luck with the filing! The penalties are harsh but there are definitely options for relief if you document everything properly.
This is such an important point that I hadn't even considered! I'm relatively new to handling S-Corp returns and the idea that late filing could actually terminate the S-Corp election is terrifying. How would you know if this has happened? Would the IRS send a notice, or do you only find out when you dig into it? Also, thanks for the tip about double-checking shareholder counts in Drake - that's exactly the kind of detail I'm worried about missing as I learn the software. Is there a specific report or screen in Drake that shows the penalty calculation breakdown so I can verify it's capturing all shareholders correctly?
As someone who's been through this process twice as an executor, I'd strongly recommend getting professional help for your first estate return, especially with that business liquidation involved. The business assets create complexity around depreciation recapture, inventory valuation, and proper timing of income recognition that can really trip you up. Here's what I'd suggest: get a consultation with a CPA who specializes in estates (not just any CPA - make sure they regularly handle Form 1041). Many will do an initial consultation for $200-300 where they can review your situation and give you a firm quote. With assets totaling around $640k including a business, you're looking at potential tax consequences that make professional guidance worthwhile. The peace of mind factor is huge too - as executor, you have fiduciary responsibility to handle things correctly. I made some costly mistakes on my first estate return trying to DIY it, and learned the hard way that estate tax rules are very different from personal tax rules. For subsequent years if the estate has ongoing simple income, then you might consider handling it yourself, but for this first year with the business complexity, invest in getting it done right.
This is really solid advice. I'm dealing with my first estate as executor too and the fiduciary responsibility aspect is what's keeping me up at night. Even if you feel confident about taxes generally, estate returns have so many unique rules and deadlines that aren't intuitive. The business liquidation alone probably involves depreciation schedules, asset basis calculations, and timing issues that could easily cost more in mistakes than a CPA would charge. Better to get it right the first time than deal with IRS notices and amendments later.
I went through something very similar when I was executor for my dad's estate last year. With those asset values and especially the business liquidation, I'd definitely recommend starting with a CPA consultation. The business liquidation is where things get tricky - you'll need to deal with depreciation recapture, potential Section 1231 gains/losses, and proper valuation of business assets at the time of liquidation. These aren't things TurboTax walks you through very well, and getting them wrong can be expensive. What I did was hire a CPA for the first year (cost me about $1,100), and they also prepared a detailed memo explaining all the decisions made and why. This gave me a roadmap for understanding estate tax principles. Now that the estate is in its second year with just simple investment income, I feel confident handling it myself with TurboTax. One thing to keep in mind - estate returns are due by the 15th day of the 4th month after the end of the tax year (usually April 15th for calendar year estates), but you can get an automatic 5.5 month extension. Don't rush into a decision, but also don't let deadlines sneak up on you. The business liquidation timing could affect which tax year certain items need to be reported in.
This is excellent advice about the business liquidation complexities! I'm curious about the extension you mentioned - if I file for the 5.5 month extension, does that also extend the deadline for paying any taxes owed, or just the filing deadline? I'm worried about interest and penalties accumulating if the estate ends up owing money but I need more time to get everything sorted out properly.
Great question about the extension! The automatic 5.5 month extension (Form 7004) only extends the filing deadline, NOT the payment deadline. Any taxes owed are still due by the original April 15th deadline to avoid interest and penalties. However, here's the key thing with estates - many estate returns don't actually owe tax because of the estate tax exemption and how income is distributed to beneficiaries. The estate gets a deduction for distributions made to beneficiaries, and they report that income on their personal returns instead. If you think the estate might owe tax, you should make an estimated payment by April 15th even if you file the extension. But honestly, with the complexity you're describing with the business liquidation, I'd really encourage getting that CPA consultation sooner rather than later. They can help you estimate whether any tax will actually be owed and guide you on whether an estimated payment is needed. The peace of mind is worth it, and they might identify planning opportunities to minimize the overall tax burden across the estate and beneficiaries.
Just to clarify, Form 5329 has multiple parts and isn't just for early distributions. It's also used for excess contributions to IRAs, excess accumulations (not taking RMDs), etc. So depending on your situation, you might need different parts filled out.
I ran into this exact same issue with Credit Karma Tax last year! The software can be really finicky about generating Form 5329. A few things that helped me get it to work: 1. Make sure you answered "Yes" when it asks if you received any retirement plan distributions 2. Double-check that you entered the correct distribution code from your 1099-R (should be code 1 for early distribution) 3. When it asks about the reason for the distribution, be very specific - don't just say "personal use" if that's what happened The form IS required for any early distribution, regardless of whether you qualify for an exception. If you do qualify for an exception, that's where you'd claim it on the form to avoid the 10% penalty. If Credit Karma still won't cooperate, you can always download Form 5329 directly from the IRS website and fill it out manually. Just make sure to include it with your return and transfer the additional tax amount to line 17 of your Form 1040. Sometimes the manual approach is actually easier than fighting with buggy software!
This is super helpful! I've been struggling with the same issue. Quick question - if I download Form 5329 manually and fill it out, do I need to mail my entire return or can I still e-file everything else? Also, when you say "transfer the additional tax amount to line 17," is that the total penalty amount or something else? I'm worried about making a mistake that triggers an audit.
If you manually fill out Form 5329, you'll need to mail in your entire tax return - you can't e-file when you have additional forms that weren't generated by your tax software. The IRS system won't accept an e-filed return that's missing required forms. For line 17 on Form 1040, you'll transfer the amount from line 4 of Form 5329 (which is your total additional tax from early distributions). This includes the 10% penalty minus any exceptions you qualified for. So if you had an $8,500 early distribution like the original poster, and no exceptions applied, you'd owe $850 in additional tax ($8,500 Ć 10%) and that's what goes on line 17. Don't worry too much about triggering an audit - as long as you're accurately reporting your early distribution and the corresponding penalty, you're doing exactly what the IRS expects. The bigger red flag would be NOT filing Form 5329 when you received a 1099-R showing an early distribution.
The timing confusion you're experiencing is really common! Since you spent the money in 2023 but didn't start generating income until 2024, you'll want to take the startup cost deduction on your 2024 tax return. The IRS considers your business to have "begun operations" when you first started providing services and earning income, not when you incurred the expenses. So you can deduct up to $5,000 of your startup costs directly on your 2024 return, and the remaining $2,200 would need to be amortized over 15 years starting in 2024. Don't amend your 2023 return - that would actually be incorrect since your business wasn't considered "active" yet according to IRS definitions. Make sure to keep all your receipts from 2023 as documentation for these startup expenses, even though you're claiming them in 2024. The key is when your business began operating, not when you paid for the expenses.
This is really helpful clarification! I was in a similar boat with my freelance graphic design business - had all these setup expenses in one year but didn't land my first paying client until the following year. It's counterintuitive that you claim the deduction when you start earning, not when you spend, but it makes sense from the IRS perspective since that's when your business is actually "in operation." Thanks for explaining the $5k immediate deduction vs 15-year amortization split too - I didn't realize there was that threshold!
This is such a great question and the answers here are really solid! I went through the exact same confusion with my consulting business last year. One thing that might help clarify - the IRS Publication 535 has a section specifically on startup costs that breaks down the timing rules pretty clearly once you know what to look for. The key phrase is "begins business operations" which they define as when you start the activities for which your business was organized - so in your case, when you first started doing paid photography work in 2024. Even though you spent the money preparing in 2023, the deduction goes on your 2024 return. Also worth noting - keep excellent records of all those 2023 expenses because if you ever get audited, you'll need to prove both the amount and that they were legitimate startup costs. The IRS can be pretty strict about what qualifies versus what they consider personal expenses or regular business costs.
Great point about Publication 535! I'm just getting started with understanding business taxes and that publication has been really helpful. One question - when you mention keeping "excellent records," what specific documentation should someone save beyond just the receipts? I have receipts for everything but I'm wondering if there are other documents I should be holding onto to prove these were legitimate startup expenses if the IRS ever asks.
Malik Jackson
This is exactly what I needed! I've been avoiding the Tax Withholding Estimator because I wasn't sure about the gross vs. net pay question, but this thread cleared everything up perfectly. Just want to confirm what I'm understanding: I should use my gross pay (the full amount before ANY deductions) for both the "amount per pay period" AND the "year-to-date wages" fields, correct? My paystub shows $4,200 gross per pay period and $29,400 YTD gross - those are the numbers I should enter? Also, I have a 401k contribution that gets deducted pre-tax. From what I'm reading here, I should still use the full gross amount and then separately account for the 401k in the deductions section of the estimator, right? I don't want to mess this up like some of you did and end up with a surprise tax bill! Thanks everyone for sharing your experiences - this community is incredibly helpful for navigating these confusing IRS tools.
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Benjamin Carter
ā¢Yes, you've got it exactly right! Use your $4,200 gross pay for the "amount per pay period" field and $29,400 for the "year-to-date wages" field. Those are the correct numbers - the full amounts before any deductions. And you're absolutely correct about the 401k too. Use the full gross amount first, then when you get to the deductions section of the estimator, you'll enter your 401k contribution details separately. This way the tool can properly calculate how your pre-tax retirement savings affects your overall tax situation. You're being smart to double-check before running the estimator - it sounds like you'll avoid the mistakes several of us made! Once you get your results, the estimator will give you specific instructions for updating your W-4 if needed. Good luck!
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Cassandra Moon
This thread is a goldmine of information! I've been struggling with the same confusion for weeks. Reading through everyone's experiences, I finally understand that I need to use my GROSS pay amounts consistently throughout the estimator. One thing I wanted to add that might help others - if you're like me and get confused by all the different numbers on your paystub, look for the line that says "Current Gross" or just "Gross" in the earnings section. That's typically the number you want for "amount per pay period." For the year-to-date amount, look for "YTD Gross" in that same section. I also learned from this discussion that timing matters. Since we're already partway through the year, the estimator is trying to figure out what you'll owe based on what you've already had withheld plus what will be withheld for the remainder of the year. Using the wrong numbers (like I was doing with net pay) really throws off these projections. Going to run through the estimator this weekend with my correct gross pay figures. Thanks to everyone who shared their stories - both the successes and the expensive mistakes!
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