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I had a very similar experience last year! The key thing to understand is that the IRS processes S corp elections even if you don't receive confirmation. Since your 1120 was rejected, that's actually strong evidence your S election went through. Here's what I'd recommend: First, try logging into your IRS business online account at irs.gov - sometimes you can see your entity status there without calling. If that doesn't work, you can also request a transcript of your business account online or by mail using Form 4506-T, which will show if your S election is active. For the immediate filing issue, you'll need to prepare and file Form 1120-S instead of the 1120. The good news is that if you can show you never received the CP261 notice (reasonable cause), you may qualify for penalty relief when you file the correct return late. Just make sure to include a letter explaining the situation when you submit your 1120-S. One quick tip - check your spam/junk folder for any IRS emails, and also verify they have your correct mailing address on file. Sometimes these notices get lost due to address issues.
This is really helpful advice! I'm dealing with a similar situation right now where I'm not sure if my S election went through. One question - when you say "request a transcript using Form 4506-T," how long does that typically take to receive by mail? I'm trying to figure out the fastest way to confirm my status since I need to file soon. Also, did you end up having to pay any penalties when you filed your late 1120-S, or were you able to get them waived with the reasonable cause explanation?
The transcript request by mail typically takes 2-3 weeks, which might be too slow if you need to file soon. However, you can actually get transcripts online immediately if you can verify your identity through the IRS website - you'll need your SSN, filing status, and some financial information from a recent return. For penalties, I was able to get them completely waived by submitting a reasonable cause letter with my late 1120-S. The key was documenting that I never received the CP261 notice and explaining how I reasonably believed I needed to file as a C corp. The IRS accepted this explanation since the rejection of my original 1120 filing actually supported my story that I was unaware of my S corp status. Make sure to keep any documentation showing when you submitted your original S election (like fax confirmations) - this helps establish that you did everything correctly on your end and the communication breakdown was on the IRS side.
I just went through this exact situation a few months ago! The rejection of your 1120 is actually good news - it means your S election likely did go through. Here's what worked for me: Call the IRS Practitioner Priority Service line at 866-860-4259 instead of the regular business line. The wait times are usually much shorter (I got through in about 20 minutes vs. hours on the main line). When you reach an agent, ask them to check your "Entity Control Date" - this will show when your S election became effective. In my case, they confirmed my S corp status was active even though I never received the CP261. The agent explained that mail delivery issues are common with these notices, and the rejection of a 1120 filing is actually one of their standard ways to alert taxpayers about the status mismatch. You'll need to file Form 1120-S for 2023, but don't panic about late filing penalties. Include Form 2210 requesting reasonable cause relief and explain that you never received confirmation of your S election. I got my penalties completely waived this way. Also, make sure to update your address with the IRS and consider having future notices sent to your accountant if you have one - this prevents missing important correspondence in the future.
This is incredibly helpful! I had no idea there was a separate Practitioner Priority line that's faster than the main business line. Quick question - do you need to be an actual tax practitioner to use that number, or can regular taxpayers call it too? I'm worried they might ask for some kind of credentials I don't have. Also, when you mentioned updating your address with the IRS, is there a specific form for that or do you just call them? I moved about 6 months ago and I'm wondering if that's why I never got the CP261 - the timing would actually line up perfectly with when I should have received it.
I'm glad to see this thread has been so helpful for understanding the Medicare tax situation! As someone who works in tax preparation, I see this confusion a lot with clients who are maximizing retirement contributions and don't understand why they're still hitting payroll tax thresholds. One additional point that might be useful - if you're planning to continue with MFS filing in future years for your student loan strategy, consider setting up quarterly estimated tax payments specifically for that Additional Medicare Tax. Since it's calculated on your Medicare wages (which include your 401k contributions), your employer's withholding might not cover the full amount, especially if your income fluctuates throughout the year. You can use Form 1040ES to calculate and pay estimated taxes quarterly. This way you won't get hit with a surprise tax bill next April, and you'll avoid any potential underpayment penalties. The Additional Medicare Tax doesn't have the same "safe harbor" rules as regular income tax, so it's worth being proactive about it. Also, keep detailed records of your student loan payment savings vs. additional tax costs each year. The income thresholds and payment calculations can change, so what makes sense financially this year might not be optimal in future years as your income grows or your loan balance decreases.
This is excellent practical advice about quarterly estimated payments! I hadn't thought about the withholding issue but you're absolutely right - if my employer is calculating withholding based on my reduced AGI (after 401k contributions) but the Additional Medicare Tax is based on my full Medicare wages, there's definitely going to be a gap. Do you have any rough guidelines for how much to set aside quarterly? I'm trying to figure out if I should calculate 0.9% on the full amount over $125k or if there's a more precise way to estimate it. Also, is there a specific line on Form 1040ES for the Additional Medicare Tax, or does it just get lumped in with regular estimated tax payments? The point about keeping detailed records is really smart too. My student loan balance is decreasing each year, so the payment benefit from MFS filing will gradually get smaller while my income will hopefully keep growing. I should probably set up a spreadsheet to track the annual cost-benefit analysis so I know when it makes sense to switch back to MFJ filing.
For calculating quarterly payments, I typically recommend clients estimate 0.9% on the amount they expect to earn over the $125k threshold for the full year. So if you're projecting $139k in Medicare wages for the year, you'd calculate 0.9% Ć ($139k - $125k) = $126 for the year, then divide by 4 quarters = about $32 per quarter. Form 1040ES doesn't have a separate line for Additional Medicare Tax - it gets included in your total estimated tax payment along with regular income tax. The form walks you through calculating your expected total tax liability (including the Additional Medicare Tax) and then subtracts what you expect to have withheld from your paychecks. Your spreadsheet idea is spot-on! I always tell clients to reassess the MFS vs MFJ decision annually because the math changes as income grows and loan balances decrease. Also keep an eye on any changes to income-driven repayment plan rules or tax law changes that might affect the calculation. What works optimally this year might flip in a year or two as your financial situation evolves.
This has been such an informative thread! I learned a ton just reading through all the responses. I'm in a somewhat similar situation with MFS filing for student loan benefits, though my income is a bit lower at around $115k. One thing I wanted to add that I didn't see mentioned - if you're close to these thresholds, it might be worth looking into whether your employer offers a Roth 401k option alongside the traditional pretax 401k. While Roth contributions won't help you now (since they're made with after-tax dollars), they could be beneficial if you expect to be in a higher tax bracket in retirement. More importantly for your current situation, you could potentially split your contributions between traditional and Roth based on where you expect to land relative to the Medicare tax threshold. For example, if you know you'll be over $125k regardless, you might put enough in traditional 401k to optimize your income tax situation, then put additional savings into Roth to avoid making the Medicare tax situation even worse with a higher salary next year. The flexibility of being able to adjust your pretax vs after-tax contribution mix throughout the year (most employers allow this) could help you fine-tune your strategy as you get a better sense of your actual year-end income. Just another tool in the toolkit for managing these complex MFS + high income situations!
This has been such an educational thread! As someone who's been wrestling with the same S-Corp cell phone deduction question, I'm really grateful for all the detailed advice shared here. What's becoming clear to me is that the "mixed approach" (100% purchase, 80% monthly bills) that some accountants suggest is actually problematic because it lacks consistency. The IRS wants to see logical, defensible positions - not creative interpretations that might maximize deductions but create audit risks. I'm convinced now that the tracking approach is the way to go. @Javier Hernandez and @Kara Yoshida - your real-world examples of 12-week and 3-month tracking periods really help show this is manageable, not some overwhelming administrative burden. Getting actual data like 72% or 78% business use feels much more defensible than pulling a round number out of thin air. The accountable plan approach for S-Corps also makes total sense from a compliance standpoint. Having the company reimburse you for the documented business portion creates cleaner separation than trying to navigate the personal use rules for company-owned assets. One thing I'm taking away is that it's better to be conservative and confident in your position than aggressive and worried about audit exposure. A 75% deduction you can fully document and defend is worth more than a 100% deduction that keeps you up at night wondering if you've pushed too far. Thanks to everyone who shared their professional insights and personal experiences - this discussion has been more valuable than anything I found in official IRS publications!
@Olivia Evans You ve'really captured the essence of what makes this whole discussion so valuable! I m'new to navigating S-Corp tax issues and was feeling pretty overwhelmed by all the conflicting advice out there. Reading through everyone s'real experiences and seeing the consistent theme about documentation and consistency has given me a much clearer path forward. What really strikes me is how the creative "approaches" that might seem appealing at first like (the mixed percentage strategy actually) create more risk than they re'worth. The peace of mind that comes from having solid documentation and a defensible position seems far more valuable than squeezing out a few extra percentage points. I m'definitely going to start with the tracking approach - probably aim for that 12-week period @Javier Hernandez mentioned to get reliable data. And I ll be'having a conversation with my accountant about setting up the accountable plan structure since that seems to be the cleanest way to handle S-Corp reimbursements. Thanks to everyone who contributed their expertise and experiences here. This thread should honestly be required reading for any S-Corp owner dealing with mixed-use asset deductions!
Reading through this discussion has been incredibly enlightening! As someone who just started an S-Corp this year, I was completely unaware of the complexities around cell phone deductions and the importance of consistent treatment across different expense types. The consensus here seems clear: document everything, track actual usage over several months, and apply the same business percentage to both the device purchase and monthly service costs. The "mixed approach" that some accountants suggest really does seem like it creates unnecessary audit risk for minimal benefit. I'm particularly grateful for the practical examples shared by @Javier Hernandez, @Kara Yoshida, and others who went through the actual tracking process. Seeing real percentages like 72% and 78% based on documented usage makes this feel much more manageable than trying to justify arbitrary round numbers. One question for those who've implemented the accountable plan approach - when setting this up with your S-Corp, did you need to establish formal written policies, or is it sufficient to have consistent documentation of the reimbursement process and supporting records? I'm definitely going to start tracking my usage immediately rather than trying to estimate retroactively. Better to have solid data from the beginning than scramble to justify percentages later if questions arise. Thanks to everyone for sharing such detailed, practical advice!
@Keisha Williams Great question about the formal policies! From my experience, you don t'necessarily need elaborate written policies, but having some basic documentation is definitely wise. Most S-Corps can get by with a simple one-page accountable plan policy that outlines reimbursement procedures and record-keeping requirements. The key elements to document are: what types of expenses qualify for reimbursement, how business vs personal usage will be determined, what documentation employees/owners need to provide for reimbursement, and timeframes for submitting expenses. Your CPA can probably provide a template that covers the basics. What s'more important than fancy policies is consistent implementation - make sure you re'actually following whatever process you establish, keeping detailed records of the business usage tracking that supports your percentages, and maintaining receipts for all reimbursed expenses. The IRS cares more about substance than form, so having real documentation of legitimate business use is what matters most. Starting your tracking from day one is smart! You ll'have clean data to work with rather than trying to reconstruct usage patterns months later. Good luck with your new S-Corp!
This thread has been super helpful! I'm in a similar situation with my new marketing agency. One thing I'm still confused about though - what exactly counts as a "startup cost" versus a regular business expense? For example, I bought a laptop specifically for the business before I officially launched, but I also bought office supplies after I started getting clients. The laptop was $1,200 and happened before my first client, but the office supplies were ongoing purchases after I started operating. Does the timing matter more than the type of expense? And do equipment purchases like laptops get treated differently since they're typically depreciated anyway? I want to make sure I'm categorizing everything correctly for that $5,000 deduction.
Great question! The timing is absolutely crucial here. Startup costs are specifically expenses incurred BEFORE your business begins operations - so before your first client, first sale, or whatever marks the official start of your business activities. Your laptop purchase would likely qualify as a startup cost since you bought it before getting your first client. However, there's a wrinkle - equipment over a certain dollar amount (like your $1,200 laptop) might need to be depreciated rather than treated as a startup cost, depending on your business's depreciation policies. The office supplies you bought after getting clients would be regular business expenses, fully deductible in the year you bought them, not startup costs. My advice? Document the exact date your business "began operations" (first client contact, first sale, etc.) and categorize everything based on whether it happened before or after that date. For the laptop, you might want to check with a tax pro since equipment depreciation rules can override the startup cost treatment.
Just wanted to add something that might help clarify the equipment vs. startup cost question that Paloma raised. I dealt with this exact issue when I started my consulting business. The IRS has specific rules about equipment purchases - if an item costs more than a certain threshold (currently $2,500 for most small businesses under the de minimis safe harbor rule), it generally needs to be depreciated rather than expensed immediately, regardless of whether it's a startup cost or regular business expense. So for your $1,200 laptop, you actually have some options: 1. Treat it as a startup cost (part of your $5,000 deduction) if purchased before operations began 2. Use Section 179 to deduct it immediately as equipment (up to certain limits) 3. Depreciate it over several years The good news is that $1,200 is well under the threshold where you'd be forced to depreciate it. You'll want to consider which approach gives you the best tax benefit - sometimes taking the equipment deduction separately from startup costs works out better mathematically. I'd definitely recommend running the numbers both ways or consulting with a tax professional since equipment purchases can be tricky to optimize.
This is really helpful context about the equipment rules! I'm curious though - when you're deciding between treating something as a startup cost versus using Section 179, how do you actually "run the numbers both ways" to see which is better? Are there specific scenarios where one approach would clearly be better than the other? I'm trying to understand the strategic thinking behind choosing between these options, especially for someone just starting out who might not have much other income to offset.
Amina Diop
bruh the IRS is straight up playing games with our money. we need to start charging them interest fr š¤
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Oliver Weber
ā¢They actually do pay interest after 45 days from filing deadline lol
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Amina Diop
ā¢wait fr? atleast theres that š
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Monique Byrd
I'm in almost the exact same situation! Filed 2/8, got the 60-day letter, congressman got involved in April, and now I'm just waiting on my TAS advocate too. The whole "IRS won't talk to you once TAS is involved" thing is so frustrating - like we're stuck in limbo. At least we know we're not alone in this mess. Hoping both our cases get resolved soon! š¤
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Andre Dubois
ā¢omg yes! the limbo feeling is the worst part honestly. like you cant even call to check on anything because they just say "contact your advocate" but then the advocate takes forever to get back to you š© hoping we both get some movement soon too!
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