
IRS
CommunityGovernment Services


Ask the community...
Title: I completely forgot to file my 2023 taxes and I'm terrified it's too late 1 I'm so stressed out right now and don't know what to do. Last year was crazy busy with my job and moving to a new apartment, and I completely dropped the ball on filing my 2023 taxes. I never requested an extension or anything, just flat out forgot. It's already been several months past the deadline, and I'm starting to panic about penalties, interest, and whether the IRS is going to come after me. I've always filed on time before this, and I'm pretty sure I'm actually owed a refund based on my withholding, but I'm scared about what happens now. Do I just file super late? Will I lose my refund completely? Are there criminal penalties for filing this late even if I'm owed money? I've been getting more anxious about this every day and finally decided to ask for help. Has anyone dealt with this before? What's the best way to handle extremely late tax filing when you're probably owed a refund? I just want to get back on track without making things worse.
I'm a dual US-UK citizen and registered a small business with a friend in the UK a couple years back. We each own 50% on paper. The plan was to import and sell clothing items, but honestly we gave up after just getting some product samples made. The "business" never really operated - no sales, barely any expenses, no bank account, nothing substantial. I'm trying to figure out if I still need to complete Form 5471 to report my interest in a Foreign Corporation when filing my US taxes. I've gone through the Form 5471 instructions carefully but can't find any exemptions for businesses that basically don't exist in practice (no revenue/expenses). I don't want to pay thousands to a tax professional for something that's essentially a non-operating entity, but I also don't want to get in trouble with the IRS for not reporting it. Has anyone dealt with this situation before? Any suggestions would be greatly appreciated!
I think a lot of people overlook the fact that Form 5471 has different categories of filers. For a 50% ownership in a foreign corp, you're most likely a Category 5 filer. The important thing is disclosure - the penalties for not filing can be steep ($10k+ per form per year). If the business truly has no operations, minimal expenses and no bank accounts, your Form 5471 would be pretty basic but still required. The cost shouldn't be that high for a simple filing with minimal info - you might find a US expat tax specialist who would do just this form for a reasonable fee rather than a full tax return.
Thanks, this is super helpful. So even though we never really operated, just the fact that we registered the business means I need to file? Is there any threshold for "minimal expenses" - we spent maybe ยฃ200 total on samples before abandoning the project.
Yes, the registration itself created a legal entity that you partially own, which triggers the Form 5471 filing requirement regardless of the minimal activity. The IRS is primarily concerned with disclosure of foreign entities, even dormant ones. There's no specific threshold for "minimal expenses" that exempts you from filing. However, the ยฃ200 you spent would simply be reported as expenses on the form. The good news is that with such minimal activity, your form would be quite straightforward - many sections would be zeros or not applicable. This is exactly the type of situation where the simplified reporting under Revenue Procedure 92-70 might be applicable, as others have mentioned.
I had a similar situation with a business i registered in australia that never really did anything. one important thing to consider: the statute of limitations doesn't start running on your tax returns until you've filed all required international forms. so if you don't file the 5471, theoretically the irs could audit your returns from that year forever!!!
I heard the penalties for not filing these international forms can be absolutely insane too. Like $10k PER FORM PER YEAR not filed. Did you end up having to pay any penalties when you finally filed yours?
@Asher Levin That s'a scary thought about the statute of limitations never starting! Did you end up using one of those penalty relief programs when you finally filed? I ve'heard the IRS has some options for people who didn t'know about these international filing requirements, but I m'not sure how they work in practice.
Hey all, I've recently jumped into the self-employment world and need some guidance on quarterly tax payments and solo 401k setup. So here's my situation - I got let go from my corporate position in February and quickly picked up contractor work. The company I'm contracting with plans to hire me as a regular W-2 employee in June. They're a startup that doesn't have any retirement benefits yet, so I'm thinking about putting my 1099 earnings into a solo 401k while I can. I've made about $13,500 from this contract work so far. My understanding is that I could contribute a maximum of $12,541 to a solo 401k ($13.5k minus half of the self-employment tax), and I'd need to pay around $2,066 for my Q1 estimated tax payment (15.3% self-employment tax). I only put $1,350 into my previous employer's 401k for 2025, so I should be well under the standard contribution limit when combining that with the roughly $12.5k contribution I want to make to a solo 401k. Another concern - between my 1099 income, expected salary from the new position, and the severance/unused PTO payout from my old job, I'll probably end up slightly above the $150k MAGI threshold for single filers to contribute to a Roth IRA (I already made some contributions before I knew about the layoff). Would the solo 401k contribution reduce my MAGI enough to keep contributing to my Roth IRA? Thanks for any insights you can share!
Don't forget about the safe harbor for quarterly estimated taxes! If you pay 100% of last year's tax liability (or 110% if your AGI was over $150k), you won't face underpayment penalties even if you end up owing more this year. This can be super helpful when your income is fluctuating between self-employment and W-2 work.
This is exactly the kind of transition situation I went through last year! One thing to watch out for - make sure you're tracking your business expenses carefully since you're self-employed. Things like home office expenses, equipment, software subscriptions, etc. can really add up and reduce your net self-employment income, which affects both your quarterly tax calculations and your solo 401k contribution limits. Also, since you're planning to become a W-2 employee in June, consider whether you want to make your solo 401k contributions early in the year or wait until closer to the tax deadline. If you contribute early, you'll have less cash flow for estimated quarterly payments, but you'll also start getting tax-deferred growth sooner. It's a balancing act based on your cash flow needs. One more tip - keep detailed records of when you transition from 1099 to W-2 work. This will make tax time much easier, especially for calculating the exact periods each income type applies to.
I've been going back and forth on this tax issue and I'm really confused. I'm looking at Form 4797 and notice there's Section 179 recapture and Section 280F recapture which seems to be bonus depreciation specifically for vehicles. I'm trying to figure out what happens in my situation - I purchased a computer for my side business in 2023 and took bonus depreciation on it. Now in 2024, I'm using it more than 50% for personal stuff (mainly because my business slowed down). Do I need to recapture the depreciation I claimed since it's no longer primarily for business use? Or does recapture only apply to vehicles? I can't seem to find a clear answer on this and tax season is coming up fast.
Has anyone actually gone through an audit where the IRS specifically looked at whether your computer was really 51% business vs 49% personal? Like, how would they even know unless you told them? I've been claiming my laptop 100% for business even though I sometimes check personal email on it.
This is terrible advice. The IRS absolutely does audit home office and business asset usage, especially for small businesses and self-employed people. They look for patterns in your deductions and can request documentation showing business use. During my audit last year, they wanted to see records showing how I tracked business vs. personal use for my computer equipment. They ultimately disallowed some of my deductions because I couldn't prove the percentage of business use I claimed. The penalties and interest weren't worth the extra deduction.
Just wanted to add my experience here - I went through this exact situation with office furniture I purchased in 2022. Took bonus depreciation on a desk setup that cost about $3,000, then my business circumstances changed and it became primarily personal use. The key thing I learned is that the IRS considers it a "conversion to personal use" which triggers recapture of the excess depreciation. You calculate what you would have been allowed to depreciate using regular MACRS over the asset's recovery period, then subtract that from the bonus depreciation you actually claimed. The difference gets recaptured as ordinary income on Form 4797 Part IV. In my case, since I had only owned the furniture for about 18 months when the conversion happened, almost the entire bonus depreciation amount had to be recaptured since regular MACRS would have only allowed a small fraction to be depreciated in that timeframe. It was a painful lesson but important to get it right - the recapture rules definitely apply to all business assets, not just vehicles.
So I've been dabbling in energy ETFs for the past year and traded ProShares Ultra Bloomberg Natural Gas (BOIL) and its inverse KOLD. Just got my tax documents and I'm confused. The brokerage sent me a 1099-B showing my capital gains/losses from the trades, but I also received a Schedule K-1 (Form 1065) from the fund itself. My tax software (using TurboTax) is telling me that as long as I enter the capital gains information from the 1099-B, I should be good and don't need to also enter the K-1 data to avoid double-counting the same transactions. This seems weird to me since I have both forms. Anyone dealt with this before? I'm worried about getting flagged for not reporting everything properly. The K-1 has all these partnership income breakdowns that aren't on the 1099-B. This is my first time dealing with an ETF that issues K-1s and I'm completely lost.
Just wanna check I'm understanding this correctly. If my brokerage sends me a 1099-B showing I made $2,000 profit trading BOIL, but the K-1 shows $500 in ordinary income from the partnership, I need to report BOTH the $2,000 capital gain AND the $500 ordinary income? That seems like double taxation on the same investment. What am I missing here?
You're not being double-taxed! They're actually two different types of income from the same investment. The $2,000 profit on your 1099-B represents your personal gain from buying the ETF at one price and selling it at a higher price. This is your capital gain from trading. The $500 on the K-1 represents your share of the income that the partnership (the ETF itself) earned internally during the time you owned it - this might be from things like interest, dividends, or trading profits that the fund itself generated. This is ordinary income that "flows through" to you as a partner. They're completely separate income streams from the same investment, which is why they need to be reported separately. It's like if you owned a rental property - you'd report both the rental income you received during ownership AND any capital gain when you eventually sold the property.
Ok that makes more sense. So the $500 on the K-1 is basically what the fund earned internally while I was holding it, and the $2,000 on the 1099-B is what I made personally from buying low and selling high. Different income sources from the same investment. I'm still annoyed nobody warns you about this tax complexity before you buy these things! My broker never mentioned I'd be getting a K-1.
You're absolutely right that brokers should warn investors about K-1 complexity! It's actually required disclosure, but it's usually buried deep in the prospectus that most people don't read. Here's a pro tip for future ETF investing: Before buying any commodity or futures-based ETF, check the fund's website for their "tax information" section. If they mention issuing Schedule K-1s, you'll know what you're getting into. You can also look at the fund structure - if it says "LP" (Limited Partnership) anywhere, that's your red flag for K-1s. Most major brokers also have a filter in their research tools to exclude partnerships if you want to avoid K-1s entirely. It's under the "fund structure" or "tax structure" filters when screening ETFs. The good news is that once you've dealt with it once, it gets easier. And honestly, the extra tax complexity is often worth it for the specific exposure these funds provide - you just need to factor in the additional tax prep time/cost when deciding if the investment makes sense for your situation.
StarSurfer
16 Has anyone dealt with the IRS sending notices after filing late? I'm worried that even after I file, I'll start getting threatening letters in the mail.
0 coins
StarSurfer
Author4 If you're owed a refund, you probably won't get any notices at all - just your refund! I filed 2 years late once (also was owed a refund) and just got my check about 6 weeks later, no scary letters.
0 coins
Miguel Alvarez
Don't beat yourself up about this - it happens to more people than you'd think! I work as a tax preparer and see late filers regularly. The key thing is that you're taking action now. Since you mentioned you're likely owed a refund, you're in a much better position than someone who owes money. Here's what I'd recommend: 1. Gather all your 2023 tax documents (W-2s, 1099s, receipts for deductions, etc.) 2. File your return as soon as possible - you can use the same tax software you'd normally use 3. Don't worry about requesting an extension now since you're already past the deadline One thing to keep in mind: if you had any estimated tax payments or withholding that resulted in overpayment, you want to file sooner rather than later. While you have 3 years to claim a refund, getting your money back faster is always better. The IRS processes late returns the same way as on-time returns when you're due a refund, so you should receive your refund within the normal timeframe (usually 6-8 weeks for paper returns, faster for e-filed returns). You've got this! Just take it one step at a time and you'll be back on track.
0 coins