
IRS
CommunityGovernment Services


Ask the community...
I'm a corporate compliance auditor who travels about twice a month for client visits. This has created a major tax headache for many of us at the company. The issue: Our company requires us to get pre-approval from the travel department before we can submit our travel expense reports in the company system (Expensify). Due to staffing issues in the travel department, many of our reports aren't being approved for submission until well past 60 days after the travel occurred. I recently learned about an IRS rule stating that business expense reimbursements submitted after 60 days are considered taxable income. So for example, if I had a $2,500 trip and couldn't submit until after 60 days due to our company's process, I'm being taxed as if I earned an extra $2,500 in income. That means about $550 taken out of my paycheck for expenses that weren't actually income! This has affected over 20 people on my team. Some colleagues have had as much as $18,000 in expenses reclassified as taxable income, resulting in around $4,000 in additional taxes withheld from their paychecks. When we raised this with management, their only solution was to "wait until next tax season and file for a refund for overpayment." I consulted with a tax professional who confirmed this is incorrect advice - the IRS considers these late reimbursements as properly taxed income, not an overpayment. My tax advisor explained the proper solution is for the company to reimburse us for the tax impact (essentially a tax gross-up) and report it as a business loss. Management hasn't responded to our follow-up complaints other than saying "this is all we can do, just don't submit expense reports late" - even though their own processes make it impossible to submit on time. I have documented evidence (emails, process documents) showing that the company's own policies and delays caused these submissions to be late. Is this a form of wage theft? Do we have any legal recourse if management continues to ignore the issue? Many team members are considering quitting over this. If legal action is appropriate, what agencies or resources should we contact?
I'm attempting to resolve an identity verification issue with the IRS as of April 12, 2024. Following my divorce finalization on February 28th, I need to verify my identity to process my 2023 tax return. I've called the IRS appointment line on March 15th, April 2nd, and again today, but they are refusing to schedule an appointment. The representative stated on April 12th that my issue 'doesn't qualify' for an in-person appointment. Is it possible to do a walk-in at our local IRS office instead? I require this matter to be resolved before April 30th for financial documentation purposes related to my divorce settlement.
Gotta disagree w/ previous commenter! Time = money w/ tax issues. Sure, u can DIY everything if u have endless hrs to research tax codes & decipher transcript jargon. But w/ ur Apr 30 deadline looming, u need answers NOW. I spent 3 wks trying to figure out my transcript b4 giving up & using help. Solved in 10 mins what I couldn't in 3 wks. Sometimes paying a little saves a lot. Esp w/ divorce docs on the line!
I work at a local IRS office and can provide some clarity on the walk-in situation. Since 2021, all TACs operate under strict appointment-only protocols - no exceptions for walk-ins. However, your divorce settlement deadline might qualify as an "extreme hardship" case. When you call back, specifically mention these keywords: "extreme financial hardship due to court-ordered deadline" and ask to speak with a manager. Also, try calling first thing Monday morning at 7am local time - that's when they release any cancelled appointment slots. If all else fails, you can file Form 911 (Request for Taxpayer Advocate Service) which can sometimes expedite urgent cases within 30 days. Don't give up - the right person just needs to understand your situation!
I'm in the middle of filing my taxes and running into a weird issue with my tax software. I operate an S corporation that generated about $192k in business profit this year, reported on my Schedule K-1. When I entered this into the software, it seemed to mess up somehow on Form 8995 (Qualified Business Income Deduction). The software started calculating my QBI deduction, but then it just... stopped? Like it shows the business income but then doesn't complete the calculation correctly. I'm pretty sure I should be getting a decent QBI deduction with this amount of business income, but the software seems to be glitching out. Has anyone else run into this problem? Is there something I'm missing about Form 8995 requirements? I'm worried I might be leaving money on the table if I just submit as is. I'm using the premium version of the software, so it should handle this form correctly.
Has anyone had success with fixing this by switching to a different tax software? I'm having the exact same issue with [popular tax software] but wondering if [competitor] handles Form 8995 better?
I switched from TurboTax to H&R Block this year specifically because of Form 8995 issues. H&R Block's interface shows the calculation steps more clearly and let me see exactly why my deduction was being limited. TurboTax was just giving me a final number with no explanation.
I had the exact same problem with my S-corp QBI deduction last month! The issue turned out to be that my software wasn't properly handling the interaction between the SSTB phase-out and the taxable income limitation. Here's what I learned after digging deep into this: With $192k in business income, you're likely above the SSTB phase-out threshold ($196,950 for single filers). If your consulting business qualifies as an SSTB (which it probably does), the software should be phasing out your QBI deduction as your income approaches that threshold. The "incomplete calculation" you're seeing might actually be the software correctly applying a phase-out but not showing you the math. Try looking for a detailed Form 8995-A in your forms list instead of the simple 8995 - that's the form used when you're above the income thresholds or have SSTB income. Also, double-check that you've entered a reasonable salary for yourself as an S-corp owner. The IRS expects S-corp owners to pay themselves W-2 wages, and the QBI calculation depends on having actual W-2 wages reported, not just distributions.
@7ca11bd5e86e The "reasonable salary" issue is huge and you're right to be concerned! Taking only distributions while providing services to your S-corp is a red flag that could trigger an audit. The IRS doesn't have a specific percentage rule, but they expect you to pay yourself what you'd pay someone else to do your job. For consulting businesses, I've seen the IRS successfully argue for salaries anywhere from 40-60% of net business income, depending on the complexity of services provided. If you're the primary revenue generator, they'll expect a higher percentage. Industry salary surveys and comparable positions are definitely what they look at. The tricky part is this creates a catch-22 with QBI - you need W-2 wages to maximize your QBI deduction in many cases, but the more you take as salary (vs distributions), the more you pay in payroll taxes. A good rule of thumb I've heard from CPAs is to pay yourself at least what a comparable employee would make, then take additional profits as distributions. This balances audit risk with tax efficiency. You might want to consider doing a late payroll run to establish some W-2 wages for this year if possible, especially since it could actually help your QBI calculation if you're not fully phased out of the SSTB limitations.
@7ca11bd5e86e The "reasonable salary" question is huge for S-corp owners and directly impacts your QBI calculation. The IRS doesn't have a specific percentage, but they generally expect you to pay yourself what you'd pay someone else to do your job. For consulting, this usually means looking at industry salary data for similar roles in your geographic area. A common rule of thumb is 60-70% of business profits as salary, but it really depends on your specific situation. If you're a specialized consultant earning $300k+, your reasonable salary might be $120-150k. The key is being able to justify it based on comparable positions. The payroll tax savings from taking distributions instead of salary can backfire in multiple ways: 1) It reduces your QBI deduction since the wage limitation is based on actual W-2 wages, 2) It can trigger an IRS audit if they think your salary is unreasonably low, and 3) It reduces your Social Security benefits since those are based on wage history. I'd strongly recommend consulting with a CPA who specializes in S-corps to determine the right salary level for your situation. The tax savings from avoiding payroll taxes are often less than the QBI deduction you lose, plus you're taking on audit risk.
I recently received correspondence from the IRS that has me questioning their procedures. Shouldn't an official IRS letter reference my Social Security Number rather than a 'Taxpayer ID'? I've been filing taxes for years and never encountered this before. Is this some new protocol they've implemented without proper notification? I've always understood that Taxpayer IDs are primarily for individuals who cannot obtain an SSN - so why would they suddenly refer to me this way when I clearly have a valid Social Security Number on file with them? Has anyone else experienced this change in their communications?
fwiw I got a letter last month with the same thing. freaked me out at first but when I called IRS (took 4ever lol) they said it's just how they refer to all ID numbers now. SSN, EIN, ITIN all fall under "taxpayer ID" umbrella. rep said they've been doing this for a while but ppl still get confused. as long as rest of letter looks legit ur prob fine.
As someone new to dealing with IRS correspondence, I really appreciate all the detailed explanations here! I was starting to worry that maybe I had missed some important announcement about changes to how they handle our information. It's reassuring to learn that "Taxpayer ID" is just their umbrella term and includes Social Security Numbers. I'm curious though - for those of you who have been getting these letters for a while, do you think the IRS should do a better job of explaining this terminology change to taxpayers? It seems like a lot of people (myself included) find it confusing when they're used to seeing "SSN" specifically mentioned. Maybe they could include a brief note explaining that "Taxpayer ID" encompasses SSNs for individual filers? Thanks again everyone for sharing your experiences and knowledge - this community is incredibly helpful for navigating these bureaucratic mysteries!
I'm structuring a deal with my business partners that has me a bit confused on the tax implications. Here's the situation: We have a partnership called MidTech Solutions that's owned 65% by me (Partner J) and 35% by my partner (Partner K). We've got VentureCap LLC interested in buying 40% of our partnership and converting to a new C corp called TechFusion Inc. Due to some non-compete clauses, Partner K can't sell directly to VentureCap. So we're planning this sequence: At 11:59 PM on 3/15/2025, I'll buy out Partner K's 35% interest. Then at 12:01 AM on 3/16/2025, I'll sell 40% of my interest to VentureCap, and then we'll immediately contribute/rollover our ownership into the new C Corp TechFusion. The agreement specifies that my purchase of K's interest is contingent on the sale to VentureCap happening, so they're effectively a single transaction. But technically, for about 2 minutes, I'd be the sole owner of MidTech Solutions. My question is: Does Rev Proc 99-6 apply here because the partnership briefly becomes a sole proprietorship during that 2-minute window? Or is this treated as a continuous transaction where 99-6 doesn't apply? I'm trying to understand the tax implications before we finalize this approach.
Has anyone considered whether the partnership agreement itself might already have provisions that address this? Many partnership agreements have specific clauses about what happens in single-member scenarios. Before you restructure anything, check if your existing agreement already addresses temporary sole ownership!
This is a complex situation that requires careful planning. Based on similar transactions I've worked with, the key is establishing clear intent that all steps are part of a single integrated business restructuring. A few critical considerations for your documentation: 1. **Binding Commitments**: Make sure all agreements are executed simultaneously with clear cross-references. Each step should be explicitly conditioned on the completion of all other steps. 2. **Economic Substance**: Document the business reasons for the restructuring beyond just tax considerations. The IRS looks favorably on transactions with legitimate business purposes. 3. **Timing Reconsideration**: Instead of the 2-minute gap, consider using simultaneous closings or escrow arrangements where all transfers happen at the exact same moment. 4. **Rev Proc 99-6 Mitigation**: Include specific language in your partnership agreement amendment that addresses temporary single-member status and states the partnership continues for tax purposes during brief transitional periods. The step transaction doctrine should work in your favor here, but proper documentation is crucial. I'd also recommend getting a tax opinion letter from a qualified attorney to provide additional protection if the IRS later challenges the treatment. Have you considered whether state law implications might affect the federal tax treatment of this sequence?
Maya Patel
Have you considered going to your state's Department of Labor? This happened at my previous company and we filed a group complaint with our state's DOL. They investigated and determined that the company's policies were effectively reducing wages by shifting business expenses to employees. The company was ordered to reimburse all affected employees for both the original expenses AND the tax impact, plus they had to pay a fine for wage violations. They also had to submit a plan showing how they fixed their processes.
0 coins
NeonNova
AuthorDid you need to hire a lawyer to file with the Department of Labor, or were you able to handle the process yourselves? And roughly how long did the investigation take before you saw results?
0 coins
Maya Patel
We didn't need to hire a lawyer to file the initial complaint with the DOL. The process was surprisingly straightforward - we filed a wage claim form as a group, attaching our documentation showing the policy and its impact. The DOL has staff who investigate these claims as part of their regular duties. The investigation took about 3 months from filing to resolution. We had very clear documentation which helped speed things up. The DOL investigator interviewed several employees and requested records from the company. What really sealed the case was having copies of the policy that showed employees couldn't submit expenses until getting approval, plus emails showing approval delays beyond the 60-day window.
0 coins
Aiden RodrΓguez
I'm confused about something - my understanding is that your employer can set whatever reimbursement policies they want, even terrible ones? Is this really a legal issue or just a bad company policy?
0 coins
Emma Garcia
There's an important distinction here. Companies can set their own reimbursement policies, but they can't implement policies that effectively push their business expenses onto employees' tax bills. When an employee travels for business, those are company expenses, not personal ones. If the company's policies make it impossible to submit within the IRS's 60-day window, and then the company refuses to gross-up the tax impact, they're essentially making employees pay part of the company's business expenses through increased personal taxes. Many states have laws requiring employers to reimburse necessary business expenses. California Labor Code Section 2802, for example, specifically requires employers to indemnify employees for all necessary expenditures incurred in the course of employment.
0 coins
Zara Ahmed
@Emma Garcia is absolutely right about the legal distinction. What makes this particularly problematic is that the company is creating a situation where employees are financially penalized for following company policy. Think of it this way - if your employer required you to use your personal credit card for business expenses but then refused to reimburse you for the interest charges that accrued due to their slow approval process, that would clearly be shifting business costs to employees. This is essentially the same thing, just with tax consequences instead of interest. The Department of Labor has ruled in similar cases that when company policies directly cause employees to incur additional costs whether (interest, fees, or in this case taxes ,)the employer has a duty to make the employee whole. The fact that management s'only solution is don "t'be late when" their own process makes it impossible to be on time shows they understand the problem but are choosing to ignore their responsibility. @NeonNova, I d'definitely recommend following @Maya Patel s suggestion'about filing with your state DOL. The documentation you have showing the policy and approval delays should make this a pretty clear-cut case.
0 coins