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Something nobody mentioned yet - watch out for the personal use portion of any vehicle expenses! If your S Corp reimburses you for 75% of costs based on business use, make sure you're personally paying for the other 25% directly. Don't run personal vehicle expenses through the business. I made this mistake and had some distribution reclassified as taxable compensation during an audit. They were particularly interested in my vehicle reimbursements and documentation. The accountable plan rules are strict - it must be for business expenses only, within a reasonable time period, and any excess reimbursements must be returned.
Exactly this. I've seen so many small S Corps get in trouble for this exact issue. The IRS loves to go after vehicle deductions because they're often abused. Another tip: if your business use percentage is very high (like 90%+), be prepared for extra scrutiny.
Great thread! I'm dealing with this exact scenario and have learned a few things that might help others. One thing I'd add is about timing - make sure your S Corp reimburses you within a reasonable time period (IRS generally considers 60 days reasonable) after you incur the expenses to maintain the accountable plan status. Also, for the business use percentage calculation, I highly recommend using a GPS-based mileage tracking app rather than manual logs. I use MileIQ which automatically tracks all my trips and I just categorize them as business or personal. This creates bulletproof documentation that's much more reliable than handwritten logs, and it timestamps everything automatically. The key is consistency - whatever method you use to calculate your business percentage, stick with it throughout the year. Don't cherry-pick high business use months for reimbursement calculations. The IRS wants to see a systematic approach that reflects your actual business usage patterns.
I just found out I was supposed to file Form 8606 with my 2022 taxes to report nondeductible contributions to my Traditional IRA ($7,500). Even though I didn't send it last year, I read that I can (and should) still submit it to establish my Traditional IRA basis. This was my first nondeductible contribution, and since I made another nondeductible contribution in 2023, my 2023 IRA basis should include the $7,500 from 2022. The Traditional IRA contains a 401k rollover from a previous employer (no Roth conversions or anything like that). Could someone please confirm if these numbers look right for my 2022 Form 8606? Box 1: 7,500 Box 2: 0 Box 3: 7,500 Box 14: 7,500 Is that all I need to fill out? I've already entered my name, SSN, and address on the PDF, printed it out, and signed it, but haven't mailed it yet. I have several questions (sorry if some seem obvious): - Is it okay that I only used a pen for the signature and date? I typed my name, SSN, and address directly in the PDF. Does the entire form need to be handwritten? - Where do I mail this form? The IRS link for where to file forms starting with 8 doesn't mention Form 8606: https://www.irs.gov/filing/where-to-file-forms-beginning-with-the-number-8 - Should I include my Form 5498 (IRA Contributions Information) in the envelope? - Do I need to include Form 1040-X? I've found contradicting information online. - Since I'm mailing this form now, it probably won't be processed before April 15. When I file my 2023 taxes with Form 8606 (I contributed $8,000 in 2023), should Box 2 on my 2023 Form 8606 be $15,500 (7,500 from 2022 + 8,000 from 2023)? Does it matter if my 2022 form hasn't been processed when I file my 2023 taxes? Thanks so much for any help you can provide!
Just wanted to add - make sure you keep copies of EVERYTHING related to your nondeductible contributions forever (or at least until you've withdrawn all the money). I learned this the hard way. I had made nondeductible contributions years ago, filed my 8606 forms properly, but then lost track of the paperwork during a move. When I started taking distributions years later, I couldn't prove my basis to the IRS and ended up paying tax on money that should have been tax-free coming out. The burden of proof is 100% on you to track your nondeductible basis, not on the IRS. They don't keep easily accessible records of your basis year to year.
Do you recommend any specific way to store these records? Paper files, digital, both? I'm trying to get organized with my tax documents.
I recommend both digital and physical storage. Scan all your Form 8606s, Form 5498s, and relevant tax returns as PDFs and store them in multiple places (cloud storage, external hard drive, etc.). Also keep physical copies in a fireproof box or safe. Make a simple spreadsheet that tracks your contributions year by year so you can easily see your total basis at a glance. Update it every year when you file. I also take a picture of the completed and signed Form 8606 before mailing it, just to have timestamp proof of when it was completed.
Great advice from everyone here! I went through this exact situation last year when I discovered I had missed filing Form 8606 for multiple years of nondeductible contributions. One thing I'd add that helped me tremendously - when you mail your Form 8606, use certified mail with return receipt requested. The IRS can be slow to process these forms, and having proof of delivery gives you documentation that you filed it timely (even though it's late for the original tax year). Also, consider keeping a detailed log of all your IRA transactions going forward. I created a simple spreadsheet that tracks: - Date of contribution - Amount contributed - Tax year it applies to - Whether it was deductible or nondeductible - Form 8606 filing status This has made my annual tax prep so much easier and ensures I never miss tracking my basis again. The few hours spent organizing this information upfront saves tons of stress later, especially if you ever need to prove your basis to the IRS during an audit or when taking distributions. Your numbers look correct for the 2022 form, and yes, you should include the full $15,500 basis on your 2023 Form 8606 even if the 2022 form hasn't been processed yet. The key is that you're filing it before or with your 2023 return.
This is incredibly helpful, thank you! I'm just getting started with tracking my IRA contributions properly and had no idea about using certified mail. That's a great tip about keeping proof of delivery. Your spreadsheet idea is brilliant - I've been trying to piece together my contribution history from old bank statements and it's been a nightmare. Having everything organized in one place from now on will definitely save me headaches down the road. Quick question: when you say "filing it before or with your 2023 return" - does that mean I should physically include the 2022 Form 8606 in the same envelope as my 2023 tax return, or can I mail them separately as long as the 2022 form is postmarked before I file my 2023 return?
Great question! I went through this exact same situation with my LLC last year. The key thing to understand is that guaranteed payments are treated as self-employment income for tax purposes, but the mechanics of how the money flows can be flexible. Your LLC can absolutely withhold the $1,000 for your 401(k) contribution directly from the $12,500 guaranteed payment and remit it to the plan, then pay you the remaining $11,500. This is actually preferable from a cash flow perspective and keeps everything clean administratively. The 401(k) plan administrator generally doesn't care about the source - they just need to receive the contribution and proper documentation. What matters for tax purposes is that the full $12,500 still gets reported as guaranteed payments on your K-1, regardless of whether $1,000 went directly to your 401(k) or through your personal account first. Just make sure your operating agreement is clear about this arrangement, and that your bookkeeper properly tracks the full guaranteed payment amount for tax reporting. The IRS views the entire $12,500 as taxable guaranteed payment income to you, even though part of it went directly to retirement savings.
This is really helpful, thanks! One follow-up question - do you know if there are any timing requirements for when the LLC needs to make the 401(k) deposit? Like, if our guaranteed payments are processed on the 15th of each month, does the 401(k) contribution need to go out by a certain deadline to avoid any compliance issues? I'm also wondering about the year-end reconciliation process. Do you just make sure the total 401(k) contributions for the year match what's reflected in the guaranteed payments on the K-1, or is there additional documentation the plan administrator typically requires?
One thing I'd add to this discussion is the importance of getting your payroll provider on board early if you use one. We ran into issues initially because our payroll company wasn't familiar with processing 401(k) contributions from guaranteed payments. They kept trying to treat it like regular employee payroll with tax withholdings, which created a mess. We had to educate them that guaranteed payments are already subject to self-employment tax, so there's no additional payroll tax withholding needed - just the straightforward transfer to the 401(k) plan. Also, make sure you coordinate the timing with your plan's contribution deadlines. Most plans require contributions to be made within a reasonable time after the guaranteed payment date. We typically process ours within 5 business days of issuing the guaranteed payment to avoid any potential issues with the Department of Labor's timing requirements. The bookkeeping approach Carmen mentioned is spot-on - that's exactly how we handle it and it keeps everything clean for tax reporting.
This is really valuable insight about working with payroll providers! We're actually in the process of setting up this exact arrangement and hadn't considered the payroll company complications yet. Quick question - when you say "within 5 business days," is that based on specific DOL guidance for partnerships, or is it more of a best practice your plan administrator recommended? I'm trying to understand if there are different timing rules for guaranteed payments versus regular employee deferrals. Also, did your payroll provider eventually get comfortable with the process, or did you have to switch to someone more familiar with partnership structures? We're evaluating whether to stick with our current provider or find one that specializes in multi-member LLCs.
Has anyone dealt with Canadian RRSP accounts when making the first-year choice? I've heard there's a special form you need to file to avoid the US taxing these accounts as regular investment income.
I went through this exact same situation when I moved from Toronto to Austin in September 2024! The first-year choice election was definitely the way to go - it saved us thousands compared to filing as non-residents. A few things to keep in mind that I learned the hard way: Make sure you calculate the 31 consecutive days and 75% presence test carefully. Since you arrived in August, you should easily meet this. Also, don't forget that making this election means you'll be considered US residents from January 1, 2024 forward for tax purposes, so you'll need to report ALL worldwide income including your Canadian employment from early in the year. The foreign tax credit on Form 1116 will help offset the Canadian taxes you already paid, but gather all your Canadian tax documents (T4s, Notice of Assessment, etc.) because you'll need them. One tip: if you had any Canadian investment accounts (TFSAs, RRSPs, etc.), there are additional forms and elections to consider. The US-Canada tax treaty has some helpful provisions but you need to be proactive about making the right elections. Filing jointly with the full standard deduction made a huge difference for us compared to the non-resident alternative. Definitely worth consulting with someone who knows cross-border tax if you have a complex situation, but the first-year choice sounds perfect for your circumstances.
This is incredibly helpful, thank you for sharing your experience! I'm also curious about the TFSA situation you mentioned - I have about $40k in my Canadian TFSA that I've been contributing to for years. How does the US treat these accounts? I've heard conflicting information about whether they're considered taxable trusts or if there's some protection under the treaty. Did you end up having to pay US taxes on the growth in your TFSA even though it's tax-free in Canada?
Lourdes Fox
I messed up my taxes because of the exact same issue last year. TaxSlayer actually has a decent workflow for this, but it's super hidden. You need to: 1) Go to Federal > Deductions > Adjustments 2) Look for "Did you make excess contributions to your retirement account?" 3) Select Yes and follow their steps What's annoying is they don't explicitly mention Line 1H anywhere in their interface but when you complete it, it does properly show up there on the final Form 1040.
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Bruno Simmons
ā¢Thanks for this! Does TaxSlayer also calculate the 6% excess contribution penalty or do you need to handle that separately?
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Zainab Ahmed
I've been dealing with excess 401k contributions for the past two years due to job changes, and I wanted to share what I've learned through trial and error. First, it's important to understand that Line 1H is specifically for reporting excess contributions that you've already had corrected (meaning you've received the excess back from your plan administrator). If you haven't corrected the excess yet, you'll need to contact your plan administrator first to request a return of the excess contributions plus any earnings. For software that properly handles this, I've had success with FreeTaxUSA and TaxAct. Both have dedicated sections for excess retirement contributions. In FreeTaxUSA, look under "Income" > "Less Common Income" > "Other Income" and there's a specific option for "Excess retirement plan contributions returned to you." One thing that caught me off guard was that you might also need to file Form 5329 if you had the excess contributions in your account at the end of the tax year, which triggers the 6% penalty. Most software will automatically generate this form when you report excess contributions. My advice is to call your 401k plan administrator first to understand exactly what they did with your excess contributions, then choose software based on your specific situation. Don't assume all "excess contribution" features are the same - some only handle IRA excess, not 401k excess.
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Yara Sayegh
ā¢This is incredibly helpful, thank you for breaking down the process so clearly! I had no idea about the distinction between corrected vs uncorrected excess contributions. I think I need to call my plan administrator first before even attempting to use any tax software. Quick question - when you say "excess contributions plus any earnings," does that mean if my excess $1,400 earned say $50 in the account, I need to get back $1,450 total? And then report that full amount on Line 1H? I want to make sure I understand this correctly before I call my 401k company.
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