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I'm in a very similar situation with my Solo 401k! Set it up years ago through Schwab and only recently discovered all the compliance requirements I've been missing. The amount of technical details around plan documents, amendments, and filing requirements is honestly overwhelming. One thing I learned during my research is that even if your plan balance is under $250k, you still need to maintain proper plan documentation and stay current with regulatory changes. The brokerage firms really don't make this clear when you set up the account - they focus on the investment side but leave you hanging on the administrative compliance. I'm definitely going to look into some of the TPA recommendations mentioned here. The peace of mind alone would be worth the annual cost, especially knowing that retirement plan audits can go back several years. Better to get everything properly documented now than deal with potential issues later when we're ready to start taking distributions. Thanks for starting this thread - it's reassuring to know I'm not the only one who was caught off guard by all these requirements!
You're definitely not alone in this! I went through the exact same thing with my Solo 401k setup through Vanguard. It's honestly frustrating how the major brokerages don't clearly explain the administrative side when you're setting up these accounts. What really helped me was creating a checklist of all the compliance requirements once I started working with a TPA. Things like tracking annual contribution limits (which change each year), ensuring plan documents are updated when laws change, understanding the different employee vs employer contribution calculations for S-Corps, and of course the Form 5500 filing requirements. The good news is that once you get a proper TPA in place, they handle most of this automatically. It's just that initial catch-up period that can be stressful when you realize how much you might have missed over the years. Definitely worth getting it sorted out sooner rather than later!
I completely understand your situation - this is actually much more common than you'd think! I've been working with Solo 401k plans for several years now, and the confusion around compliance requirements is something I see regularly. First off, don't panic about the missed Form 5500 filings. The fact that you've already self-corrected those puts you in a much better position than many people who discover this issue. The IRS has reasonable correction programs specifically designed for these situations. For TPA recommendations, I'd definitely second the mentions of Ubiquity Retirement and also suggest looking into Guideline or Human Interest - both have solid reputations with small business retirement plans. When you're evaluating TPAs, make sure to ask specifically about: 1. Their experience with S-Corp Solo 401k plans (the contribution calculations are different from sole proprietorships) 2. Whether they include plan document updates and amendments in their annual fee 3. How they handle historical compliance reviews for new clients 4. Their process for Form 5500 filings and what backup documentation they maintain Given that you're 6-7 years from retirement and have substantial assets, I'd also recommend asking any potential TPA about distribution planning strategies. Some TPAs can help coordinate with your tax advisor to optimize your withdrawal strategy when the time comes. The annual cost for full TPA services typically runs $800-1500 depending on your plan complexity, but it's absolutely worth it for the peace of mind and professional oversight, especially as you approach retirement.
This is incredibly helpful - thank you for laying out such a comprehensive roadmap! I especially appreciate the specific questions you suggested asking potential TPAs. The point about S-Corp contribution calculations being different is something I hadn't even considered, but makes total sense since my compensation structure is different from a sole proprietorship. Your mention of distribution planning strategies is also really valuable. I hadn't thought about coordinating with my tax advisor on withdrawal strategies, but given the size of my 401k balance, that could definitely make a significant difference in my overall tax situation during retirement. One follow-up question - when you mention "plan complexity," what factors typically drive up the cost? Is it mainly the size of the account balance, or are there other compliance factors that make some Solo 401k plans more complex to administer than others?
Don't forget to think about state taxes too! My boyfriend and I have a similar situation, and while the federal filing was pretty straightforward once we figured out who should claim our daughter, the state rules were different. Some states have their own versions of credits and different rules for unmarried parents.
This is good advice! In my state (Oregon), we found out that even though I claimed our child on the federal return, my partner could still qualify for the state's Working Family Household and Dependent Care Credit based on her income and our child care expenses. Saved us an extra $850 on state taxes!
Great question! I was in a very similar situation a few years ago. One thing that really helped us was creating a detailed spreadsheet of all our household expenses to figure out who was actually contributing more than half for the Head of Household determination. We tracked everything - rent, utilities, groceries, childcare, even things like our son's clothes and medical expenses. It turned out that even though my partner made less money, she was actually covering more of the day-to-day expenses while I was paying the bigger bills like rent. We also discovered that the Child and Dependent Care Credit could be pretty valuable - you can claim up to $3,000 in childcare expenses for one child, and the credit percentage depends on your income level. One mistake we made initially was not coordinating our W4 withholdings properly. Make sure whoever is claiming your son adjusts their W4 to account for the additional credits they'll receive, otherwise you might end up with a huge refund (which is essentially an interest-free loan to the government). The IRS withholding calculator on their website is actually pretty helpful for this once you know who's claiming what.
This is really helpful, especially the part about tracking all expenses in detail! I never thought about how day-to-day expenses vs. big bills could make such a difference in the Head of Household calculation. Quick question - when you say you used the IRS withholding calculator, did you have to run it separately for both of you to get the right withholding amounts? And did you find it accurate, or did you still end up owing/getting a big refund?
Has anyone ever been audited for claiming points that were technically paid by the builder? I'm in a similar situation and tempted to just claim them since it seems like such a gray area, but worried about consequences.
I wouldn't risk it without proper documentation. My brother-in-law is a CPA and says the IRS has been looking more closely at mortgage interest deductions in recent years. If your 1098 shows $0 points paid and you claim them anyway, that's a pretty obvious discrepancy that could trigger questions.
I actually went through an IRS audit last year for this exact situation with my Pulte home from 2021. I had claimed about $4,800 in points that were technically paid through a builder incentive program, similar to your situation. The auditor was surprisingly reasonable about it. She explained that what really matters is the economic substance of the transaction, not just who technically wrote the check at closing. In my case, I was able to show that I had negotiated a higher purchase price specifically to get the incentive that covered the points, which meant I was effectively paying for them through my mortgage. The key documentation that saved me was my purchase agreement which showed the original list price, then the "adjusted" price that included the incentive value, and email correspondence with my sales rep discussing how we were using the incentive for rate buydown. The auditor accepted this as evidence that I had constructively paid for the points. That said, she did mention that not all builder incentive situations would qualify - it really depends on how your specific transaction was structured and documented. I'd definitely recommend keeping very detailed records and maybe getting professional advice before claiming the deduction if you're unsure.
This is really helpful to hear from someone who actually went through an audit on this issue! Your experience gives me hope that there might be more flexibility than the black-and-white answers I've been getting. The fact that the auditor looked at the "economic substance" rather than just the paperwork is encouraging. I have similar documentation - emails with my builder's sales team discussing using the incentive for the rate buydown, and my purchase agreement shows the negotiation process. Did you have to pay any penalties or interest during the audit process, or did they just accept your documentation and close the case? Also, how long did the whole audit take to resolve?
Has anyone tried using Credit Karma Tax (now called Cash App Taxes) for previous years? I know they're free for the current year, but I'm not sure if they offer past years or what they charge.
Cash App Taxes (formerly Credit Karma) only offers current year tax filing. They don't support prior year returns at all. I tried to use them for my 2020 taxes last year and had to go elsewhere.
I just went through this exact situation a few months ago! Had to file my 2018 and 2019 returns for a mortgage application. Here's what I learned: For H&R Block, yes they do prior year returns but their online service for old years is around $70-80 per return, which adds up fast. I ended up going with FreeTaxUSA like someone mentioned - it was only $15 for federal and worked perfectly for both years. One tip nobody mentioned: if you're really pressed for time, you can request a "Record of Account" transcript from the IRS online at irs.gov. This shows your filing history and is often accepted as proof of non-filing if you need to show you haven't filed yet. Takes about 5 minutes to get it online versus waiting weeks for mailed returns to process. Also, don't stress too much about the old tax law changes between those years - most tax software handles the year-specific rules automatically. The main thing that changed between 2018-2019 was some small adjustments to tax brackets and standard deduction amounts, but the software calculates all that for you. Good luck getting it sorted out!
This is super helpful! I didn't know about the Record of Account transcript option - that could really save me if I need proof before my returns are processed. Quick question: when you got the transcript online, did it immediately show that you hadn't filed for those years, or did it take time to update? I'm wondering if this would work as temporary proof while I'm getting my actual returns prepared and mailed.
Eli Butler
I went through this exact same situation last year with our babysitter! You're definitely on the right track. Just to add a few things I learned the hard way: Make sure you're using the correct ITIN format (9XX-XX-XXXX) on the W-2 - some people accidentally transpose digits or format it like an SSN. Also, keep detailed records of everything because if there are any processing issues, you'll want documentation. One thing that caught me off guard was that some banks won't accept direct deposit tax refunds to accounts linked to ITINs, so your nanny might need to file a paper return and wait for a paper check. Not your responsibility, but just something to give her a heads up about. Also, double-check your state's requirements early. I waited until the last minute and discovered my state needed an additional form that took 2 weeks to process. The January 31st deadline comes up fast!
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Andre Rousseau
ā¢Thanks for sharing your experience! The formatting tip is really helpful - I definitely want to avoid any processing delays. Quick question about the bank issue you mentioned - did your babysitter run into that problem, or is it just something you heard about? I'm wondering if I should warn our nanny ahead of time or if it's not that common of an issue. Also, when you say your state needed an additional form, was that something specific to ITIN employees or just a general household employer requirement you missed initially?
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Paolo Conti
I just went through this process a few months ago and wanted to share some additional tips that might help! First, when you're filling out the paper W-2, use black ink only - I learned this the hard way when the SSA rejected my first submission because I used blue ink. Also, make sure you're ordering the official red-ink W-2 forms from the IRS or a legitimate vendor, as photocopies won't be accepted. One thing I wish I'd known earlier is that you should keep extra copies of everything. I ended up needing to provide documentation to both the state unemployment office and my CPA months later, and having organized records saved me a lot of headaches. Also, since you mentioned you've been withholding FICA taxes, make sure you're calculating the employer portion correctly on your Schedule H. The ITIN doesn't change the tax calculations, but it's easy to make mistakes when you're doing everything manually instead of through payroll software. Finally, consider setting up a simple spreadsheet to track quarterly payments going forward - it makes next year's filing much easier! Good luck with everything!
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Aaliyah Reed
ā¢This is incredibly helpful, especially the black ink tip! I had no idea that could cause a rejection. Quick question about the red-ink W-2 forms - I've seen some at office supply stores that look official but aren't sure if they meet SSA requirements. Do you have a recommended source, or is ordering directly from the IRS the safest bet? Also, regarding the employer portion of FICA on Schedule H - did you find any good resources for double-checking those calculations? I want to make sure I'm not underpaying or overpaying since I've been handling everything manually this year.
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