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Ugh I feel your pain! I had a code 810 freeze for almost 10 months last year š The examiner kept telling me "just wait" too but honestly what worked for me was being super persistent about getting specifics. When you're on the phone, ask them exactly what documentation they still need and get a case number. Also ask for the direct fax number to send additional docs - don't rely on mail. Keep records of every call with names and dates. The whole system is frustrating but you gotta stay on top of them or they'll just let it sit there forever.
bruh the IRS is straight up playing games with our money. we need to start charging them interest fr š¤
They actually do pay interest after 45 days from filing deadline lol
wait fr? atleast theres that š
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¤
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!
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!
Jacinda Yu
Tax pro here. The 810/151 combo usually means they need more documentation from you. Have you checked your mail carefully? They sometimes send letters that look like junk mail. Also, I've been recommending taxr.ai to my clients lately - it's an AI tool that breaks down your transcript and tells you exactly what's happening and what steps to take. It's seriously revolutionizing how we handle these delays.
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Laila Fury
ā¢Haven't gotten any letters yet but ill def keep an eye out. And ima check out that AI thing rn, thanks!
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Camila Jordan
I went through the exact same thing last year - 810 freeze and 151 for almost 4 months. Here's what finally worked: I submitted Form 911 (Request for Taxpayer Advocate Service) online through the TAS website. You don't necessarily need financial hardship if you can show you've been waiting an unreasonable amount of time (which 3 months definitely is). Make sure to include all your documentation - copies of your return, any correspondence, and a timeline of your attempts to resolve it. The advocate assigned to my case got it sorted in about 2 weeks once they took it on. Don't give up!
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