


Ask the community...
Important thing to know - if you're expecting refunds, you only have 3 years from the original filing deadline to claim them. So for example, 2020 refunds can still be claimed until April 2024, but anything before that is gone forever if you were owed money. BUT if you owe the IRS money, there's no time limit on when they can come after you. So definitely better to address this proactively like you're doing now!
I went through something very similar about 3 years ago - hadn't filed for 6 years due to a combination of job changes, a messy divorce, and just pure avoidance anxiety. The longer I waited, the more terrifying it seemed. Here's what worked for me: Start by getting your Account Transcript from the IRS online (irs.gov). This will show you if they've already filed substitute returns for you (which they sometimes do if you have W-2 income). If they have, you'll see exactly what they think you owe. Don't try to tackle all years at once - it's overwhelming. I started with the most recent year and worked backwards. Focus on getting accurate numbers rather than rushing through everything. One thing that really helped my anxiety was realizing that the IRS actually wants to work with you once you make contact. They have payment plans, penalty abatement options, and they're generally reasonable if you're making a good faith effort to comply. The relief of finally addressing it is incredible. Yes, there will be some penalties and interest, but it's probably not as catastrophic as your anxiety is telling you it will be. You've got this!
Thanks for sharing this - it's really reassuring to hear from someone who actually went through the same thing. The anxiety part really hits home for me. I keep imagining worst-case scenarios where I owe like $50k or something ridiculous. Did you end up finding any surprises when you got your Account Transcript? Like, were there years where the IRS had already calculated what you owed, or did you discover you were actually owed refunds for some years? I'm trying to mentally prepare myself for whatever I might find when I finally log into the IRS website.
This is such a relatable situation! I went through something similar last year with my Pokemon card collection sales. One thing that really helped me was creating a simple spreadsheet to track everything - original purchase price (or best estimate), sale price, eBay fees, shipping costs I paid, etc. For the items without receipts, I used a combination of searching completed eBay listings from around the time I originally bought them, plus checking price guides from that era. The IRS generally accepts reasonable good faith estimates as long as you can show how you arrived at them. Also don't forget to deduct eBay's final value fees and PayPal fees from your gains - those really add up and reduce your taxable income. Keep screenshots of your eBay seller hub showing all the fees you paid throughout the year. The most important thing is to be consistent in how you categorize everything. Since you mention these are personal collectibles you're clearing out (not buying specifically to resell), Schedule D is likely the right place for most of these transactions.
This spreadsheet approach is brilliant! I'm just starting to deal with my own 1099-K situation and was feeling overwhelmed by all the record-keeping. Quick question - when you were estimating prices for items without receipts, did you use the original retail price or try to estimate what you actually paid if you got them on sale/clearance? I have a bunch of vintage items I know I bought discounted but can't remember the exact amounts.
I'm dealing with a very similar situation and wanted to share what I learned from my tax preparer. One key point that hasn't been mentioned yet is the importance of the "personal use" test. If you bought collectibles for your own enjoyment and later decided to sell them (even if they appreciated), they're still personal capital assets, not business inventory. However, there's a crucial distinction for items sold at a loss: personal capital losses can only offset capital gains, not ordinary income. So if you have $2000 in gains from some items and $1500 in losses from others, you can offset to show $500 in net capital gains. But if you only have losses and no gains, those losses generally can't reduce your regular income. For documentation, I found that creating a narrative for each significant item really helped. For example: "Pokemon Base Set Charizard - purchased at Toys R Us in 1999 for personal collection, approximate retail price $4, sold on eBay 2024 for $180." This shows clear personal use intent rather than business activity. Also, don't panic about the 1099-K amount looking scary - remember it's just gross sales, not profit. The IRS knows you'll be reporting your actual taxable gain/loss after deducting your basis and expenses.
This is incredibly helpful context about the personal use test! I'm curious though - what happens if you have a mix where some items clearly appreciated significantly beyond what a typical personal collector would expect? For example, I have some vintage gaming items that I bought years ago for maybe $20-50 each that are now worth $500-1000+. Even though I originally bought them for personal enjoyment, could the IRS argue that the significant appreciation suggests investment intent rather than personal use? Also, regarding your narrative documentation approach - did your tax preparer suggest any particular format or level of detail that would be most defensible in an audit situation?
This is such great advice from everyone! I'm actually in a similar boat with my partner and we ended up going the separate accounts route after doing a lot of research. One thing that's worked really well for us is using a shared spreadsheet where we both track our individual investment performance and holdings. We can still discuss strategies, share research, and even coordinate our asset allocation across both accounts (like if I'm heavy in tech stocks, he might balance that with more utilities in his account). It gives us that transparency and collaboration we wanted without any of the tax headaches or breakup complications people have mentioned. Plus we can still celebrate wins and losses together - it just makes the paperwork way cleaner come tax time. Sometimes the simplest solution really is the best one!
That's such a brilliant approach! The shared spreadsheet idea is genius - you get all the benefits of working together on investments without any of the legal or tax complications. I love how you can still coordinate your overall portfolio allocation across both accounts. That's actually more sophisticated than what most married couples do with their finances! It shows you can build that financial partnership and transparency without necessarily combining everything legally. Thanks for sharing this - it's given me some great ideas for how my girlfriend and I could approach this.
This has been such a valuable thread! As someone who works in financial planning, I see couples struggle with these decisions all the time. The separate accounts with shared transparency approach that several people have mentioned is really the sweet spot for unmarried couples. One additional thought - if you do decide to go the joint account route despite the complications, make sure to draft a simple investment partnership agreement. It should outline contribution percentages, how decisions get made, what happens if someone wants out, and how you'll handle the tax reporting. Most brokerages won't require this, but having it documented can save you major headaches later. That said, after reading all these experiences, I'd probably lean toward the separate accounts approach too. You can always revisit the joint account idea after marriage when the tax treatment becomes much simpler!
This is exactly the kind of professional perspective I was hoping to see! The investment partnership agreement idea is really smart - even if you go with separate accounts, having something in writing about how you'll coordinate your investing strategies and share information could be valuable. It's like a prenup for your investment approach. I'm curious about the tax treatment difference for married couples - does having a joint investment account become much simpler once you're married? Is it just that you're filing jointly anyway so the income allocation doesn't matter as much?
I went through this exact situation last year with a late S corp election due to a family medical emergency. The IRS did accept my reasonable cause and waived both the late election penalties AND the associated 1120S filing penalties, so there's definitely hope for your situation. A few things that helped my case: - I included specific dates and documentation showing when the medical issues occurred and how they prevented me from handling business matters - I demonstrated that I filed as soon as reasonably possible after the situation stabilized - I attached a letter from the medical provider confirming the severity and timeline of the health crisis The whole process took about 4 months from submission to approval, which was nerve-wracking but worth the wait. One surprise cost I hadn't budgeted for was having to amend some previous tax returns to reflect the S corp status retroactively, so factor that into your planning. The medical emergency angle is definitely one of the stronger reasonable cause arguments the IRS recognizes, especially if you can show it genuinely prevented you from handling business affairs during the critical filing period. Good luck!
This is really encouraging to hear from someone who went through the exact same situation! The 4-month timeline helps me set realistic expectations. I'm curious about the amended returns you mentioned - were those just to correct the entity classification, or did you have to recalculate actual tax liabilities? I'm trying to understand if I should budget for additional tax prep fees on top of everything else. Also, when you say you attached a letter from the medical provider, was that something detailed or just a brief confirmation of dates and severity? I want to make sure I include the right level of documentation without overdoing it.
@c318414db297 The amended returns were mainly for entity classification changes, but there were some tax liability differences too - mostly related to self-employment tax savings and how certain deductions were treated. I ended up paying about $800 extra in tax prep fees for the amendments, but the SE tax savings more than made up for it. For the medical provider letter, I kept it concise - just a one-page letter on their letterhead confirming the dates I was under their care, that the condition was serious enough to prevent me from handling business matters, and when I was cleared to resume normal activities. Nothing too detailed about the actual medical condition, just enough to establish the timeline and severity. The IRS seemed satisfied with that level of documentation. One tip: make sure the dates in your medical letter align perfectly with the dates you mention in your reasonable cause explanation. Any discrepancies could raise questions.
I'm going through a similar situation right now and this thread has been incredibly helpful! One thing I wanted to add based on my research - make sure you include Form 1120S for each tax year that would be affected by your S corp election in your submission packet. The IRS wants to see that you're prepared to fulfill all the filing obligations that come with S corp status, not just requesting the election. I learned this the hard way when my initial submission was delayed because they requested the actual returns along with the reasonable cause letter. Also, if your health issues prevented you from accessing your business records or communicating with professional advisors, mention that specifically in your explanation. The IRS seems to give more weight to reasonable cause arguments that show the circumstances genuinely prevented you from meeting your tax obligations, not just made it inconvenient. Has anyone had experience with including a personal statement from family members who witnessed the health crisis? I'm wondering if that would strengthen my case or if it's overkill.
Dylan Wright
Has anyone looked into whether the premium reimbursement needs to be included on your W-2? I'm in a similar situation but my accountant is including the reimbursed amounts in Box 1 of my W-2 even though I'm not an owner.
0 coins
Zoe Christodoulou
ā¢If you're truly a non-owner employee (less than 2% ownership), then health insurance premiums should NOT be included in your W-2 Box 1 wages. This is a common mistake accountants make when dealing with family businesses. Only for 2%+ shareholders (and their family members considered related parties) do the premiums need to be included in W-2 wages (Box 1 only, not subject to FICA taxes in Boxes 3 and 5). Then those shareholders get to deduct those premiums on their personal return. But regular employees, regardless of family relationship, should have their employer-provided health insurance completely excluded from taxable income.
0 coins
Zara Ahmed
I'm dealing with a very similar situation right now! My family's S-Corp just went through this exact issue with our accountant. What we discovered is that many accountants get confused about the ownership attribution rules and mistakenly apply the 2%+ shareholder restrictions to ALL family members, even when they have zero ownership. The key distinction is actual ownership vs. family relationship. Just because you're related to the owner doesn't automatically make you subject to the shareholder rules. Since you explicitly stated you have no ownership stake and receive a regular W-2, your health insurance premiums should be treated exactly like any other non-owner employee's. I'd suggest asking your accountant to show you the specific IRS code section they're relying on for their position. The attribution rules in IRC Section 318 only apply when determining if someone is a more-than-2% shareholder - they don't automatically disqualify family member employees from standard employee benefits if those family members don't actually own stock. Your situation sounds straightforward - you should be able to maintain the same health insurance deduction treatment you had as a C-Corp employee.
0 coins
Jacinda Yu
ā¢This is really helpful! I had no idea about the attribution rules in IRC Section 318. That makes total sense that just being family doesn't automatically trigger the shareholder restrictions if there's no actual ownership involved. I think our accountant might be making exactly the mistake you described - applying the 2% shareholder rules to all family members regardless of ownership. When I meet with them next week, I'll definitely ask them to point to the specific code section they're using and clarify whether they're confusing family relationship with actual stock ownership. It's frustrating that this seems to be such a common misunderstanding among tax professionals. You'd think the distinction between "family member who works for the company" vs "family member who owns stock in the company" would be pretty clear cut from a tax perspective.
0 coins