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What tax software does your sister-in-law use? If she's using something decent like TurboTax Business or H&R Block Premium, they usually flag this kind of issue during preparation. I'm surprised they've gotten away with this for so long without the software warning them.
Most tax software will only flag issues that are evident in the actual tax return. If they're filing everything correctly except for the fact that they aren't running payroll, the software might not catch it. This is because the reasonable compensation requirement isn't a mathematical error - it's a compliance requirement that requires judgment.
Your instincts are absolutely right to be concerned about this. An S-Corp with $75-250k in annual profits and zero payroll is basically a textbook case of what the IRS looks for in audits. The "reasonable compensation" requirement isn't optional - it's mandatory. Your sister-in-law's tax preparer either doesn't understand S-Corp rules or is being negligent. After 12 years of this, the potential back taxes, penalties, and interest could be substantial. I'd strongly recommend you stay away from any involvement with this business until they fix the payroll issue. Even basic bookkeeping could make you look complicit if this gets audited. The risk just isn't worth it, especially when there are clear red flags that this isn't being handled properly. She really needs to find a new tax professional who understands S-Corp compliance requirements and can help her get this sorted out before the IRS catches up with them.
A couple warnings from someone who tried this and messed up: 1. Don't underestimate the payroll tax deadlines! Missing them = penalties. 2. If your spouse is gonna contribute to a 401k make sure ur plan docs are set up right first. We had to redo everything cuz our plan wasn't properly established. 3. Make sure the pay is reasonable. We initially set my wife's salary too high for the admin work she was doing (trying to max 401k contributions) and our accountant warned us this was a red flag. 4. State requirements are different! Federal might exempt spouses from FUTA but your state might require unemployment ins payments.
Thanks everyone for the detailed responses! This is exactly the kind of real-world experience I was looking for. A few follow-up questions: @Zoe Papadakis - When you mention establishing a regular 401k plan instead of Solo 401k, does that mean I'd need to file Form 5500 right away, or only once assets hit $250k? And are there minimum contribution requirements for myself as the employer? @AstroAdventurer - The $7,800 tax savings sounds significant! Can you break down how that worked out? Was that mainly from reducing your self-employment tax by shifting income to employee wages? @NeonNova - The audit documentation point is really important. Did the IRS question the legitimacy of the work itself, or were they more focused on whether the compensation was reasonable? I'm leaning toward using a payroll service like Gusto based on what I'm hearing about the complexity of tax deadlines. Better to pay $40/month than risk penalties! One more question - has anyone dealt with quarterly estimated tax implications? If I'm paying my wife a salary, I assume that reduces my self-employment income and might affect my quarterly payments?
Has anyone looked into whether it's possible to request a waiver from the IRS for this situation? I'm a student from Brazil with a tiny equity stake in a startup I interned for, and filing these complex forms is not just expensive but extremely confusing. There must be some kind of reasonable exception for foreign persons with minimal ownership and zero distributions?
Unfortunately, there's no waiver process specifically for this. The filing requirements are statutory. Your best option might be to see if your ownership percentage is low enough to avoid certain reporting requirements or if the Brazil-US tax treaty provides any relief. Some partnerships can also handle tax withholding at the partnership level rather than requiring partners to file, but that's up to the company.
I went through this exact situation last year as a German resident with a small stake in a US LLC. After initially panicking about the filing requirements, I found a middle-ground approach that worked well for me. First, I contacted the partnership directly and asked if they could elect to withhold taxes at the entity level under Section 1446. This would have eliminated my individual filing requirement, but unfortunately they declined due to the administrative burden on their end. Since I had to file anyway, I used a combination of the resources mentioned here - I used Claimyr to actually speak with an IRS agent who confirmed exactly what I needed to file, then used an online tax service to prepare the forms. Total cost was around ā¬300, which while annoying for zero income, gave me peace of mind. The key insight from my IRS call was that as a German resident, I could potentially benefit from loss allocations in future years if the company becomes profitable, so maintaining compliance now could actually save me money later. Also learned that my 3% ownership meant I didn't need the more complex reporting forms that kick in at higher percentages. My advice: don't just give up your equity stake without understanding the full picture. A one-time consultation to understand your specific situation and obligations is worth the cost to make an informed decision.
Another thing to consider - if you have zero activity, you can file for "Administrative Dissolution" in many states which is much simpler than the full process. Basically you stop filing annual reports with the state and they eventually dissolve you automatically. Downsides: 1) Takes longer 2) You might get hit with penalties before dissolution 3) Still need to file final federal returns But some people find it easier than the formal process.
Administrative dissolution can cause serious issues though! The IRS doesn't automatically know your corporation is dissolved just because the state does it administratively. You'll still be expected to file federal returns, and could rack up huge penalties for missing filings.
I went through this exact same situation last year with my dormant S-Corp. One thing that really helped me was creating a dissolution timeline and checklist before starting anything. Here's what worked for me: 1. First, I verified all prior year returns were filed (as Hassan mentioned - super important!) 2. Filed Form 966 within 30 days of formally adopting the dissolution plan 3. Used 2023 forms for my final 1120-S and K-1, clearly marked "FINAL RETURN - SHORT TAX YEAR" at the top 4. Attached a brief statement explaining the dissolution date and why I was using prior year forms The key thing I learned is that the IRS is very familiar with this timing issue. As long as you're clear about what you're doing and why, they handle it routinely. One tip: even though there was zero activity, I still had to complete all the required sections of the forms. Don't leave anything blank - put zeros where appropriate and make sure all signature lines are completed. The IRS can reject incomplete forms even if the amounts are all zero. Also double-check your state requirements! Some states want you to file state dissolution paperwork before the federal forms, others don't care about the order.
Abigail Patel
Don't forget to join the VITA volunteers facebook group! Search for "VITA TCE Volunteer Tax Preparers" - super helpful community where you can ask questions during the season. Also, practice explaining tax concepts in simple terms to friends/family. The hardest part for me wasn't understanding the tax law, it was explaining it to taxpayers without using technical jargon.
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Daniel White
ā¢100% agree on the jargon part. I remember my first day trying to explain the difference between standard and itemized deductions to an elderly taxpayer and totally bombing it. Now I use simple analogies for everything - like explaining tax brackets as different sized buckets that fill up one at a time.
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Victoria Stark
This is such a great thread! As someone who's been volunteering with VITA for three years now, I wanted to add a few more tips for newcomers: 1. Don't underestimate the importance of the quality review process. Even experienced volunteers have their returns reviewed, so don't take it personally when your reviewer finds mistakes - it's all part of learning. 2. Practice active listening during client interviews. Sometimes taxpayers will mention things casually that are actually important tax situations (like "Oh, I sold some stock last year" or "My ex pays me child support"). 3. Learn the common red flags that require advanced certification or referral to a paid preparer: rental properties, business income over $400, stock sales, etc. Knowing your limits protects both you and the taxpayer. 4. Bring snacks and stay hydrated! VITA days can be long, and you'll think more clearly when you're not hangry. The fact that you're preparing ahead of time shows you're going to do great. The VITA program really makes a difference in people's lives, and volunteers like you are what make it possible!
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