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This is a great discussion! I'm dealing with a similar situation with a client who has a foreign LLC in Mexico. One thing I'd add is that even though the Ghana LLC will likely be treated as an FDE and flow through to Schedule C, don't forget about potential state tax implications. Some states have different rules for recognizing foreign entities, and you might need to file additional state forms or make state-level elections. Also, make sure to document your classification decision thoroughly in your workpapers. The IRS has been scrutinizing foreign entity classifications more closely lately, so having clear documentation of why you treated it as a disregarded entity (default classification, no Form 8832 election, single owner, etc.) will be crucial if you ever get questioned. Has anyone here dealt with retroactive compliance for missed Form 8858 filings? I'm wondering if the reasonable cause exception applies when the taxpayer wasn't aware of the filing requirement.
Great point about state tax implications! I hadn't considered that angle. Regarding retroactive compliance for Form 8858, I've had some success with reasonable cause arguments when clients genuinely weren't aware of the requirement, especially for smaller foreign entities. The IRS seems more willing to consider reasonable cause if you can show the taxpayer properly reported the income on Schedule C but just missed the information return filing. Documentation is key - I always include a reasonable cause statement explaining that the taxpayer was unaware of Form 8858 requirements, had no intent to evade taxes, and properly reported all income. Having the income already on the returns definitely strengthens the case. The penalties for Form 8858 are substantial ($10,000 per form), so it's worth the effort to request abatement.
This is such a helpful thread! I'm dealing with a similar Ghana LLC situation and this clarifies so much. One question that came up for my client - since the LLC was established in 2019 but they never filed the required Form 8858s for those years, what's the statute of limitations on the IRS assessing penalties for those missed filings? I know the $10,000 penalty per form is steep, but I'm trying to understand if there's a time limit on when the IRS can still come after those penalties, especially if we're planning to get compliant going forward with proper Form 8858 filings. My client is worried about potentially owing $40,000+ in penalties (2019-2022) just for information returns when they did report all the income on Schedule C. Also, has anyone had experience with the IRS waiving these penalties under the "first time penalty abatement" policy, or does that not apply to international information return penalties?
I'm currently dealing with this exact same penalty situation and reading through all these success stories has been incredibly helpful! Got the same $1,670 penalty for my dormant S-corp that I filed in April instead of March - that sinking feeling when you open the notice is all too real. What's really encouraging is how consistently successful people have been getting these penalties abated, especially for inactive businesses. The pattern seems clear: honest deadline confusion + inactive business with zero tax impact + clean compliance history = very strong case for reasonable cause abatement. Based on everyone's experiences here, I'm planning to call that business line (800-829-4933) tomorrow morning, then follow up with a written request if needed. The key talking points seem to be: emphasizing the genuine deadline confusion, highlighting that the business has been completely inactive with zero income/activity, and stressing there's no tax revenue impact to the Treasury. Thanks to everyone who took the time to share their positive outcomes - you've turned what felt like an impossible situation into something very manageable. This community is amazing for helping navigate these stressful tax situations!
@Keisha I'm so glad you found this thread helpful! I just went through this exact same situation a few months ago and can totally relate to that sinking feeling when you see that penalty amount. What really helped me was realizing from all these experiences that the IRS handles these cases pretty routinely and reasonably. When you call that business line tomorrow, make sure to have your penalty notice and EIN ready. The representatives there seem much more knowledgeable about these specific S-corp penalty situations than the general customer service line. From what I've seen, they often can start the abatement process right there on the call when your circumstances are this straightforward. The fact that your business has been dormant with zero activity really works in your favor - the IRS seems to understand that there's no tax avoidance involved here, just an honest mistake about deadlines. Combined with what sounds like a clean compliance history, you should have an excellent chance of getting this completely resolved. Best of luck with your call tomorrow!
I just wanted to add my own success story to this incredibly helpful thread! I went through the exact same situation about 8 months ago - dormant S-corp since 2019, filed our zero-activity 1120S in April thinking it followed the same deadline as personal taxes, and got slapped with that same gut-wrenching $1,670 penalty. After reading similar advice to what's been shared here, I called the IRS business line at 800-829-4933. The representative was surprisingly understanding and knowledgeable about these penalty situations. I explained that my S-corp had been completely inactive with zero income, that I genuinely confused the March 15th deadline with April 15th, and emphasized there was no tax impact to the Treasury since we had nothing to report anyway. She immediately recognized it as a reasonable cause situation and started the penalty abatement process over the phone. The whole call took maybe 25 minutes including hold time. About 6 weeks later, I received a letter confirming the penalty was completely abated - $1,670 saved! The key seems to be being honest about the mistake while emphasizing: 1) inactive business status with zero activity, 2) genuine deadline confusion, 3) no tax revenue impact to Treasury, and 4) clean compliance history. Don't let that penalty amount intimidate you - the IRS really is reasonable about these honest mistakes, especially for truly inactive businesses. You've got this!
As someone who went through this exact same situation when I became a stay-at-home parent, I can definitely confirm what others have said - your husband cannot claim you as a dependent, and filing jointly will almost certainly save you money. I made the mistake of filing separately our first year after I stopped working, thinking it would somehow be better. We ended up paying about $3,000 more in taxes than we needed to! The main things we lost were the higher standard deduction and some of the child tax credit benefits. One thing I'd add is that even though you don't have traditional employment income, don't forget that any freelance work, side gigs, or even selling items online could count as income that needs to be reported. But even if you have some small amounts of income like that, filing jointly is still almost always better for families with one primary earner and children. Your instinct about joint filing being better for married couples with kids is absolutely correct. Your husband's heart is in the right place wanting to save money, but this is one case where the conventional wisdom really does apply!
Thanks for sharing your experience, Isabella! It's really reassuring to hear from someone who went through the same thing. That $3,000 difference is huge - definitely not worth the mistake! I hadn't thought about the side income aspect either. I do occasionally sell some baby items we've outgrown online, so I'll need to keep track of that. It's probably not much, but good to know it should still be reported. Your story really drives home why I should trust the advice here about filing jointly - I definitely don't want to make that expensive mistake!
Kennedy, I went through this exact same confusion when I became a stay-at-home dad! Your husband's thinking makes logical sense (no income = dependent, right?) but tax law doesn't work that way. As everyone has confirmed, spouses are explicitly excluded from being claimed as dependents regardless of income. I actually ran the numbers both ways when we were in your situation, and filing jointly saved us about $4,800 compared to filing separately. The big wins were the doubled standard deduction and keeping full eligibility for the Child Tax Credit. When you file separately with kids, you can run into income phase-out issues even on a single income. One practical tip - if your husband is still skeptical about the numbers, most tax software will let you prepare your return both ways and compare the results before you actually file. TurboTax, FreeTaxUSA, and others have comparison features. Seeing the actual dollar difference usually settles the debate pretty quickly! Also don't stress too much about not knowing tax rules - this stuff is complicated and counterintuitive sometimes. The important thing is you're asking the right questions now rather than finding out after you file.
Gabriel, that's such a great point about using tax software to compare both ways! I hadn't thought of that approach, but it would definitely help convince my husband with actual numbers rather than just telling him "everyone on Reddit says so." The $4,800 difference in your situation really shows how much this decision matters. I'm curious - when you filed separately, was it mainly the loss of the standard deduction that hurt, or were there other credits and benefits you lost too? It sounds like there are multiple ways filing separately can cost you when you have kids.
@Gabriel Graham That s'a really smart suggestion about using tax software to compare! In our case, it was definitely a combination of factors that made filing separately so costly. The big hit was losing half our standard deduction $14,600 (each instead of $29,200 together ,)but we also lost some of the Child Tax Credit because of how the income limits work when filing separately. Plus we couldn t'take advantage of some other credits that are only available to joint filers. The software comparison really breaks it all down line by line so you can see exactly where the differences come from. It s'eye-opening how all those smaller losses add up to such a big difference!
Does anyone know if we can deduct the cost of insulated bags, space blankets, and other delivery equipment? I spent about $85 on this stuff when I started.
Yes! Those are 100% legitimate business expenses that you can deduct. Insulated bags, space blankets, drink carriers, phone mounts for your car, portion of your phone bill used for dashing, portable phone chargers - all deductible as business expenses. Make sure you keep the receipts though! The IRS loves documentation if you ever get questioned. I actually take photos of all my receipts and store them in a dedicated cloud folder just to be safe.
Great question! I was in a similar spot when I started dashing during college. Your calculation is roughly right, but here's what helped me understand it better: You're correct about the 15.3% self-employment tax, but remember you only pay income tax on your net profit after business deductions. So if you earn $1,300 but have $200 in mileage deductions, you'd pay SE tax on $1,100, not the full amount. Also, don't forget the quarterly estimated tax payments! Since no employer is withholding taxes for you, you'll want to make payments four times a year to avoid penalties. I learned this the hard way my first year. One thing that really helped me was opening a separate savings account just for taxes and automatically transferring 25-30% of each week's earnings. It hurts at first, but it's way better than scrambling for thousands at tax time. Keep detailed records of everything - miles driven, equipment purchases, phone bills, etc. These deductions can really add up and significantly reduce what you actually owe. Good luck with school and stay organized with your taxes!
Ethan Clark
As someone who does payroll, I can confirm the 1095-C is just for your information. The employer submits this data to the IRS directly through Form 1094-C (the transmittal form) along with all employee 1095-Cs. You don't submit this with your taxes and don't need to amend. The only time this matters is if you got Premium Tax Credits (subsidies) from the marketplace and your employer offered "affordable" coverage according to IRS rules. But based on what you said about still qualifying for marketplace coverage, your employer plan must have failed the affordability test.
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AstroAce
ā¢What's considered "affordable" though? My employer plan takes like 15% of my paycheck for terrible coverage with a $8000 deductible.
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Ethan Clark
ā¢For 2025, employer coverage is considered "affordable" if the lowest-cost self-only plan is less than 9.12% of your household income. It doesn't matter if the coverage is terrible or has a high deductible - the IRS only looks at the premium cost for the employee (not family members) compared to your household income. So in your case, if the premiums really do take 15% of your income just for your own coverage (not including spouse/dependents), then your employer coverage would be considered "unaffordable" and you could qualify for Premium Tax Credits on the marketplace.
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Ana Rusula
Don't stress about this! You absolutely do NOT need to amend your return just because you got the 1095-C late. This is actually super common - employers have until March 31st to provide these forms, so getting it after you've already filed happens all the time. The 1095-C is basically just a receipt showing what health insurance your employer offered you during the year. Since you declined their coverage and got marketplace insurance instead, you already reported your health insurance situation correctly on your tax return. The form doesn't change anything about what you filed. Think of it like getting a receipt for something you didn't buy - it's just documentation, not something that affects your taxes. Your employer already sent this same information directly to the IRS, so they have it on file regardless. Save yourself the headache and don't amend unless there was actually an error in how you reported your health coverage (which it doesn't sound like there was).
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Gael Robinson
ā¢This is such a relief to hear! I was literally having anxiety about whether I messed up my taxes. The whole process was already stressful enough without having to worry about going back and fixing everything. It's good to know that getting forms late is actually normal - I had no idea employers had until March 31st to send these out. Thanks for explaining it so clearly!
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