Has anyone used the S Corporation basis worksheet from Form 1120-S instructions? It's really helpful for tracking your basis from year to year and would answer your question immediately about whether distributions exceed basis. I'm an enrolled agent and see this issue all the time. Clients think they're getting capital gain treatment when actually they've been calculating their basis incorrectly for years.

This is exactly the kind of confusion I had when I first started dealing with S-corp distributions! After reading through all these responses, I want to emphasize something that might help clarify things for you. The key insight is that there are really two separate tax events happening with S-corporations: 1) The business profits flow through to you personally and are taxed as ordinary income on your K-1, regardless of whether you actually take any money out of the business. This happens every year the business is profitable. 2) When you take distributions, those are generally tax-free up to your basis (which includes your initial investment plus all those profits you already paid tax on). Only distributions ABOVE your basis get capital gains treatment. So you're not getting "double taxed" - you pay ordinary income rates on the business profits, then if you distribute more than your total basis, that excess gets the more favorable capital gains treatment. The confusion often comes from mixing up these two separate events. I'd definitely recommend using that S Corporation basis worksheet that Mateo mentioned to get a clear picture of where you stand. And yes, the reasonable compensation issue Nia brought up is super important - the IRS definitely scrutinizes S-corps that pay minimal salaries with large distributions.

I work in payroll and just want to confirm what others have said - income counts when it's paid, not when it's earned. Your 1/3/2025 check will be reported on your 2025 W-2, even though some of those days were worked in 2024.

Just to add another perspective - I went through something similar with a scholarship that had income limits. The key thing that helped me was getting everything in writing from both my employer's HR department and the grant/scholarship office about their specific income calculation methods. Even though the general tax rule is that income counts when received (not when earned), some grant programs have their own definitions. For example, my scholarship looked at "income earned" during the calendar year rather than "income received." It's rare, but it does happen. I'd recommend emailing your grant administrator with your specific situation - mentioning that you'll have December work days paid in January - and asking them to confirm in writing how they handle this scenario. That way you have documentation if any questions come up later. Most grant offices are pretty responsive to these kinds of clarification requests, especially when you explain the stakes involved. Better to spend a few minutes getting official confirmation than to risk losing thousands in grant money over a misunderstanding!

Based on everyone's experiences here, it's clear that Form 843 IS required along with your detailed letter for rev. proc 84-35 relief requests. I went through this exact process 6 months ago for my single-member LLC. Here's what worked for me: I completed Form 843 with "Request for penalty abatement under Revenue Procedure 84-35" in the reason section, then attached a comprehensive letter that specifically addressed each requirement in the revenue procedure. Make sure your letter includes: - Clear statement that you're requesting relief under rev. proc 84-35 - Detailed explanation of how you meet ALL the criteria - Timeline of missed filings and circumstances - Supporting documentation (bank statements, medical records, etc. if applicable) I mailed everything together via certified mail and got approval in about 10 weeks. The key is being thorough in documenting how you qualify - the IRS agents reviewing these requests need to see that you clearly meet every requirement outlined in the revenue procedure. Don't skip the Form 843 thinking the letter alone will suffice - you need both components for a complete submission.

Reading through everyone's experiences here has been incredibly helpful - I'm dealing with a similar situation where my LLC missed filing deadlines due to a family emergency that required me to travel out of state unexpectedly. One thing I haven't seen mentioned yet is the importance of checking which specific penalty you're requesting abatement for. Rev. proc 84-35 applies to failure-to-file penalties, but if you also have failure-to-pay penalties, those might require a separate approach or different documentation. Also, for anyone still unsure about the Form 843 requirement - I called the IRS practitioner hotline last week and confirmed that yes, Form 843 is absolutely required for formal abatement requests under rev. proc 84-35. The letter serves as crucial supporting documentation, but without the form, your request won't be processed through the proper channels. Make sure to keep copies of everything you send and use certified mail or fax with delivery confirmation. The IRS processes thousands of these requests, so having proof of submission is essential if you need to follow up later.

Has anyone tried amending previous returns to optimize how capital losses were applied? I'm in a similar situation but wondering if I should have used my losses differently in past years.

This is exactly the kind of situation where having a clear understanding of joint filing benefits really pays off! Your $50,000 capital loss carryover will definitely offset your wife's $5,000 capital gains completely when you file jointly - that's one of the major advantages of joint filing. What's great about your situation is that after using $5,000 of your carryover to offset her gains, you'll still be able to deduct the standard $3,000 against your ordinary income, leaving you with $42,000 to carry forward to next year. So essentially, you're getting the maximum benefit from your losses this year. One thing to keep in mind for future planning - if your wife continues to have capital gains in upcoming years, your remaining carryover will continue to offset those gains first before you can take the $3,000 ordinary income deduction. This could actually work out well for you both since capital gains are typically taxed at lower rates than ordinary income anyway. Make sure to keep good records of your carryover amounts each year so you can track how much you have remaining. Most tax software handles this automatically if you stick with the same program year after year.

I'm currently dealing with this exact same issue and it's been incredibly stressful! My business partner and I formed a new LLC last month that was supposed to be owned by our existing S-corp, but I made the same mistake on the EIN application - listed us as individual owners instead of the parent company. Reading through all these responses has been such a relief. The detailed advice about Form 8832 and especially the importance of that written statement is exactly what I needed to hear. I was worried I'd have to dissolve the LLC and start over, but it sounds like this correction process is much more straightforward than I feared. One question I have - for those who successfully completed this correction, did you send any supporting documentation along with Form 8832 beyond the written statement? I have the operating agreement drafted that clearly shows the parent company as the sole member, and I'm wondering if including a copy would strengthen the submission or if it's unnecessary. Also, huge thanks to everyone who shared specific details about the timeline and what to include in the written statement. This thread has turned what felt like a major crisis into a manageable administrative task. Planning to get my Form 8832 submitted by the end of this week!

I'm dealing with this exact same situation right now and this thread has been a lifesaver! Just wanted to add one more data point for anyone going through this process. I submitted my Form 8832 about 3 weeks ago to correct the same mistake (listed individual owners instead of parent LLC ownership). I included a very detailed written statement covering all the points mentioned here - the specific SS-4 question that caused confusion, why the correction aligns with our actual business operations, and that we haven't conducted any significant business activity under the incorrect classification yet. One thing I learned from my CPA that might be helpful - if you're planning to make this correction, it's worth reviewing your state's annual report requirements now rather than waiting. Some states ask about ownership changes during the year, and having your federal Form 8832 acceptance letter ready will make that process much smoother. Still waiting to hear back from the IRS, but based on everyone's experiences here, I'm optimistic about the 6-8 week timeline. Will definitely update this thread once I get my acceptance letter in case it helps others who are going through the same process. Thanks to everyone who shared their experiences - knowing this is fixable and relatively common has reduced my stress level significantly!