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Ask the community...

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Has anyone dealt with the tax consequences if the IRS accepts the revocation? I'm thinking about revoking my S-Corp too, but I'm worried about how to handle things like the built-in gains tax or other penalties.

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Amaya Watson

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If you're revoking within the same tax year and haven't filed any returns as an S-Corp, there's typically minimal tax impact. The big issues come if you've been an S-Corp for years and have accumulated earnings or appreciated assets. In your case, there's likely no built-in gains tax if you're still in your first year and haven't done anything operationally as an S-Corp yet.

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I've been through this exact scenario with a client earlier this year. The timing is actually in your favor since you're still within the same tax year. Here's what worked for us: We submitted Form 8832 with a detailed letter explaining that the S-Corp election was made in error and requesting to revert to disregarded entity status. The key was emphasizing that no S-Corp tax returns had been filed and no payroll had been processed under the election. The IRS approved our request within about 6 weeks. What really helped was including a copy of the original S-Corp election acceptance letter and clearly stating that we wanted the entity treated "as if the S-Corp election had never been made." For New Jersey, you'll definitely want to contact them separately. NJ doesn't automatically follow federal changes, so you may need to file additional paperwork there. Honestly, if your client is having serious doubts this early, it's probably worth pursuing the revocation rather than being stuck with an unwanted election for 5 years. The administrative burden of S-Corp compliance isn't worth it if it doesn't fit their business model.

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Zainab Ismail

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Has anyone used a Certified Acceptance Agent (CAA) for their ITIN application? After my first rejection, I went to a local CAA and they handled everything. Worth the fee since they verified my documents on the spot and I didn't have to mail my original passport. Might be worth looking into if you're reapplying.

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The CAA route is definitely easier. I used one last year and had zero issues with my ITIN application. They charge about $150-300 depending on location, but it saved me from having to send original documents or properly certified copies.

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I went through this exact same situation last year! The key thing to understand is that when they say "we'll process your return without an ITIN," they mean they'll accept it as filed and it counts toward your filing deadline, but they won't issue any refund until you have a valid ITIN. For your next steps: carefully review your CP567 notice to see if it gives any hints about what was missing. Common issues include documents not being properly certified, missing signatures, or incomplete Form W-7. When you reapply, make sure to include a complete copy of your original tax return - this helps them match everything up in their system. One tip that saved me time: if your rejection notice is vague about what's missing, try calling the ITIN hotline at 1-800-908-9982. The wait times are brutal, but if you can get through, they can sometimes tell you exactly what documentation issue caused the rejection. Good luck with your reapplication!

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This is really helpful advice! I'm also dealing with a similar ITIN rejection situation. Quick question - when you called the ITIN hotline, did they ask for any specific information to look up your case? I'm wondering if I need my application receipt number or if they can find it with just my name and DOB. Also, did you find any particular time of day that had shorter wait times? I've been hesitant to call because everyone mentions how long the waits are, but it sounds like it might be worth it to get specific details about what went wrong.

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Evelyn Kelly

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Just want to add that if you're a "small business taxpayer" under the tax law (meaning under $26 million in gross receipts), you have ADDITIONAL inventory simplifications available. You can treat inventory as "non-incidental materials and supplies" which means you deduct them when used or consumed, not through formal COGS calculations. Publication 538 doesn't explain this super clearly, but the guidance in Revenue Procedure 2018-40 does.

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Paloma Clark

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That non-incidental materials treatment is a GAME CHANGER for small makers! My accountant didn't even know about this until I pointed it out. It means you can essentially expense materials when you buy them rather than tracking them through complicated inventory systems.

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James Maki

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This is exactly the kind of situation where the simplified rules for small businesses really shine! Since you're clearly under the $26 million threshold, you have several advantages that larger businesses don't get. One thing I'd add to the great advice already given - when you switch back to cash method, you might also want to consider the "materials and supplies" election under Section 1.162-3. This lets you deduct the cost of your wood, hardware, and finishing materials when you actually use them in projects, rather than having to track them as formal inventory with COGS calculations. The combination of cash method + materials/supplies treatment could be perfect for a custom furniture business. You'd record income when customers actually pay you, and you'd deduct material costs as you use them in projects. Much simpler bookkeeping than accrual with full inventory tracking! Just make sure when you file Form 3115 that you're clear about both changes - the accounting method change AND any inventory method changes. The IRS likes transparency about exactly what you're switching from and to.

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Just adding in case this helps - for scholarship or fellowship grants to non-resident aliens, the portion for tuition and books isn't taxable, but the portion for living expenses is considered FDAP subject to 30% withholding unless a tax treaty applies. I learned this after receiving a small research stipend as a visiting scholar at a US university. The university withheld 30% automatically from the living allowance portion.

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Wow thats super helpful! I'm going to be a visiting researcher at MIT next fall. Did you have to file a US tax return even though taxes were withheld? Or is the withholding considered final?

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Great question about FDAP income reporting! You're absolutely correct - as a non-resident alien, you generally only need to report FDAP income that's from US sources. Your Canadian accountant's confusion is understandable since this is a specialized area. For your specific situation with dividends from US stocks, these would definitely be US-source FDAP income subject to reporting. The good news is that under the US-Canada tax treaty, dividend withholding is typically reduced from 30% to 15% if you properly complete Form W-8BEN with your broker. One thing to watch out for - make sure your brokerage is applying the correct treaty rate. I've seen cases where non-resident aliens had too much tax withheld because they didn't properly claim treaty benefits, then had to file Form 1040-NR to get a refund. Your Japanese and European dividends, as others have mentioned, aren't reportable to the US - those would be handled under Canadian tax rules as a Canadian resident.

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This is really helpful information! I'm also a newcomer dealing with non-resident alien status and had no idea about the Form W-8BEN for claiming treaty benefits. When you mention that brokerages sometimes don't apply the correct treaty rate automatically - how do you know if they're withholding too much? Is there a way to check this on your statements, or do you only find out when you file your return? I'm trying to avoid any surprises during tax season, especially since this whole non-resident alien tax situation is completely new to me.

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Ryan Kim

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Make sure you don't exceed your annual HSA contribution limit when figuring this out! For 2024 tax year the limits are $4,150 for individual coverage and $8,300 for family coverage. If you're 55+ you can contribute an extra $1,000 as a catch-up contribution. The total of ALL contributions (yours + employer's) can't exceed these limits. So your Box 12 Code W plus any direct contributions you made need to stay under these thresholds or you'll owe an excise tax on excess contributions. I learned this the hard way last year when I didn't realize my employer contributions counted toward the limit and I overcontributed by $1,200. Had to withdraw the excess plus earnings and report it as income. What a headache!

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Rajiv Kumar

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Thanks for pointing this out! I didn't even think about contribution limits. My Code W shows $4,750 and I have family coverage. My employer definitely contributes something but I'm not sure how much. Sounds like I need to figure this out ASAP to make sure I'm not over the limit.

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Ryan Kim

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With family coverage and that $4,750 amount, you're still well under the $8,300 limit for 2024, so you should be fine. But definitely check with your benefits department to get the exact breakdown of employer vs. employee contributions so you know what portion is deductible on your taxes. If you want to max out your HSA for the tax advantages, you could actually contribute more directly to your HSA - up to the difference between $4,750 and $8,300. That's an additional $3,550 you could put in for 2024 if you wanted to take full advantage of the tax benefits.

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Zoe Walker

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does anybody know if u can still contribute to HSA for 2023 taxes? i got a big tax bill and need more deductions. my w2 code w was only $1500 and my employer put in $750 of that.

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Zoe Walker

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thx so much! so i could put in like $6,250 more right now and use it as a deduction for 2023? i have family coverage so the limit would be $7,750 and only $1,500 was already put in? that would really help my tax situation if im understanding correctly.

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Yes, exactly! With family coverage and only $1,500 already contributed in 2023, you could add up to $6,250 more before the April 15th deadline and claim it as a 2023 deduction. Just make sure to specify it's for the 2023 tax year when you make the contribution. This is one of the great benefits of HSAs - you get until the tax filing deadline to maximize your contributions for the previous year. It's essentially a last-minute tax deduction opportunity that can really help reduce your tax bill. Just double-check with your HSA provider about the process for designating prior-year contributions.

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