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A bit off-topic, but for future reference - if you invest through certain EU brokers that have proper tax treaty implementation processes, they'll automatically withhold at the correct treaty rate (15% for Portugal) if you have your W-8BEN on file. I switched to IBKR specifically for this reason after having the exact same problem with my previous broker. Also, for Portuguese tax filing - make sure to include the foreign income in Anexo J of your IRS declaration. The Portuguese finanΓ§as can be very picky about how foreign tax credits are claimed!
I've been looking into IBKR for investing in US stocks. Do they automatically apply the correct treaty rates for all countries? And do they provide all the documentation needed for tax time without having to make special requests?
I faced this exact situation last year as a US tax professional helping international clients. Here's what I recommend: 1. **Start with your broker first** - Request Form 1042-S and any withholding statements they can provide. This is often sufficient for most tax authorities. 2. **If you need IRS documentation directly**, you have two main options: - File Form 1040NR (even if you don't owe additional tax) to create an official record, then request a tax transcript - Submit a written request to the IRS for a "Letter of Certification" showing taxes withheld on US-source income 3. **For the written request**, include: - Copy of your broker statements showing dividends and withholding - Letter explaining you need proof of US taxes paid for foreign tax credit in Portugal - Your contact information and Portuguese tax ID 4. **Mail to**: Internal Revenue Service, Austin Service Center, International Returns Section, 3651 S Interregional Hwy 35, Austin, TX 78741 The process typically takes 30-60 days, but this documentation should satisfy the Portuguese tax authority's requirements for your foreign tax credit claim. Make sure to keep copies of everything you submit!
This is incredibly helpful! As someone new to international investing, I had no idea about Form 1040NR or the Letter of Certification option. Quick question - if I go with the written request route, do I need to include any specific forms or just the broker statements and explanation letter? Also, is there a particular format the letter should follow, or can it be a simple explanation of what I need and why? I'm in a similar situation with dividends from last year and want to make sure I get this right the first time rather than having to resubmit.
I've seen this pattern repeat every tax season for the past decade. In my experience working with various financial institutions, Wells Fargo specifically tends to not show pending deposits from the IRS until very early morning of the actual deposit date. I recall back in 2019 when I helped several clients with similar concerns - in every case, the money appeared on the DDD despite no pending notification. The IRS batch processing typically runs overnight between 12am-4am, and Wells Fargo's system updates around 3am-6am Eastern. If your transcript shows a valid 846 code with tomorrow's date, I'd recommend checking your account early tomorrow rather than worrying tonight.
I completely understand your anxiety - amended returns can make everything more complicated and stressful! Based on what others have shared here, it sounds like Wells Fargo's system just doesn't show pending IRS deposits until the very last minute. Since you filed an amended return on 1/15, I'd definitely recommend checking your transcript one more time tonight to make sure that 846 code with 2/28 is still there and no new hold codes appeared. If everything looks good on the transcript side, try to get some sleep and check your account first thing tomorrow morning around 6am. The IRS usually processes these overnight, and Wells Fargo updates early morning. Fingers crossed for you! π€
I went through this exact same situation last year and want to echo what others have said - don't panic, but definitely don't delay in fixing this properly. The retroactive payroll approach is absolutely the right way to go. I made the mistake of initially considering the "all distributions" route my CPA suggested, but after researching S-Corp audit triggers, I realized that would have been a huge red flag. Here's what worked for me: 1. Set up retroactive payroll immediately through a service like ADP or Paychex - they handle this situation regularly 2. Calculate both employer and employee FICA portions (you'll pay both since you already took the money) 3. File 941s for each quarter, even if some were zero 4. Include a brief, factual explanation letter with each filing stating this was your first S-Corp year and you misunderstood the requirements My total penalties ended up being about $1,200 on roughly $22k in salary that should have been processed through payroll. After requesting First Time Abatement (which took about 6 months to process), I got about 60% of the penalties waived. The peace of mind knowing my books are clean and compliant was worth every penny. Your CPA should understand that taking the extra time to do this right protects both of you from future audit issues. Don't let this stress you out too much - it's a very common first-year S-Corp mistake, and the IRS has processes in place to handle it. Just act quickly and do it properly!
This is such a relief to read - I'm in almost the exact same situation as the original poster and was honestly losing sleep over this. Your breakdown of the actual costs ($1,200 in penalties on $22k salary) really helps put this in perspective. I was quoted something similar by a payroll service, so it's good to know that's in the right ballpark. The First Time Abatement getting 60% waived is huge - I had no idea that program existed until reading this thread. Quick question: when you filed the explanatory letters with your 941s, did you send them as separate documents or include them directly on the forms? I want to make sure I'm documenting this properly but not overdoing it with the explanations. Thanks for taking the time to share the real numbers and timeline - it makes this feel much more manageable knowing others have successfully navigated this exact situation!
As someone who's been through this exact nightmare, I want to reassure you that this is absolutely fixable and more common than you think. The fact that your 1120S hasn't been filed yet actually puts you in a much better position than many people who discover this issue after filing. Here's my recommendation based on personal experience and everything shared in this thread: **Go with the retroactive payroll approach - do NOT file showing all distributions.** Taking zero salary as an S-Corp owner who works in the business is one of the biggest audit red flags. The IRS has specifically targeted this because it represents lost payroll tax revenue. **Steps to take immediately:** 1. Contact a payroll service (ADP, Paychex, etc.) to set up backdated payroll for 2022 2. You'll need to pay both employer AND employee portions of FICA since you already took the money 3. File 941 forms for each quarter of 2022, even quarters with zero payroll 4. Include a brief letter explaining this was your first S-Corp year and you misunderstood the requirements **Expected costs:** Based on others' experiences here, expect penalties around 8-12% of the taxes owed. On your $18,500 salary, that's probably $1,000-1,500 in penalties. Painful but manageable. **Important:** Look into First Time Abatement after you file everything. Many people here got 50-60% of their penalties waived through this program. The upfront cost and hassle of doing this right will save you from much bigger problems if you're ever audited. Your future self will thank you for taking the time to fix this properly rather than cutting corners. Don't let your CPA talk you into the "easy" solution of showing all distributions. That's setting you up for audit trouble down the road.
Welcome to the working world! That tax shock is real and hits everyone hard on their first paycheck. A few things that might help explain what you're seeing: First, double-check your pay stub breakdown - make sure you're not confusing pre-tax deductions (like health insurance, 401k contributions, HSA) with actual taxes. These reduce your take-home but aren't technically "taxes." Second, your effective tax rate should be lower than 31% even as a single filer. At $58k, your federal marginal rate is likely 22%, but your effective rate (what you actually pay) should be closer to 12-15% once you factor in the standard deduction. If you're seeing much higher federal withholding, your W-4 might need adjustment. Also consider that your state matters hugely - if you're in a high-tax state like California or New York, combined with local taxes, 31% total withholding becomes more realistic. But if you're in a no-income-tax state like Texas or Florida, that percentage suggests something's off. I'd recommend waiting to see your second paycheck before making major changes, as others mentioned the first one can be calculated incorrectly. Then compare your actual withholding percentages to online calculators to see if adjustments are needed.
This is such helpful advice! I think I was definitely panicking after seeing that first number. You're right that I should look more carefully at the breakdown - I was just seeing the total amount missing from my gross pay and assuming it was all taxes. I'm in Colorado so there is state income tax, plus I just realized Denver has that local tax too. When I break it down piece by piece like you suggested, it's starting to make more sense even though it still stings to see that much money gone! I'll definitely wait for my second paycheck before making any W-4 changes. Hopefully the withholding will level out once the payroll system has more consistent data to work with.
The sticker shock of that first paycheck is brutal, but you're definitely not alone in feeling overwhelmed by it! One thing I'd suggest is using the IRS withholding calculator on their website - it's free and can help you determine if your current W-4 settings are appropriate for your situation. Since you mentioned student loans, make sure you're aware that you can deduct up to $2,500 in student loan interest on your tax return, which effectively reduces your taxable income. While this doesn't directly affect your paycheck withholding, it's something to keep in mind when planning your finances. Also, if you're feeling like too much is being withheld, remember that it's better to get a smaller refund and have more money in your pocket each month than to give the government an interest-free loan all year. You can always adjust your W-4 throughout the year if needed - you're not locked into your initial selection. The good news is that once you get through your first year of working, tax planning becomes much more predictable. You'll have a better sense of your actual tax liability and can fine-tune your withholdings accordingly.
Adaline Wong
Just went through something very similar! My employer accidentally reported my income twice when they switched from ADP to a new payroll system mid-year. The IRS sent me a bill for an extra $8,300 in taxes I didn't owe. Here's what worked for me: I immediately called the number on the IRS notice and explained the situation. They put a temporary hold on collections while I gathered documentation. Then I sent a detailed letter with copies of ALL my pay stubs for that year, my W-2, and a letter from HR explaining the payroll system error. The key is being very organized and clear in your response. I created a simple spreadsheet showing my actual pay period by period versus what was reported. The IRS resolved it in about 6 weeks once they had everything. Since your HR is already on it and preparing documentation for multiple employees, you're in a great position. Just make sure to respond by the deadline on your notice even if HR hasn't finished their letter yet - you can always send additional documentation later!
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Simon White
β’This is such helpful advice! The spreadsheet idea is brilliant - having a clear visual comparison between actual pay and what was reported would definitely make it easier for the IRS to see the error. I'm dealing with a smaller discrepancy right now (about $15K difference) and I was wondering how detailed I need to be in my documentation. Your approach of showing period-by-period breakdowns sounds like exactly what I need to do. Thanks for sharing your experience!
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Sophie Footman
I'm so glad your HR department is helping with this! That kind of payroll system error is actually more common than people realize, especially during transitions between providers. It sounds like you're in good hands with them preparing documentation for all affected employees. One thing I'd add to what others have mentioned - when you do send your response to the IRS, include a cover letter that clearly states "RESPONSE TO NOTICE CP22A" at the top and references your notice date and the specific dollar amount in question ($12,654). This helps ensure your response gets properly matched to your case in their system. Also, keep copies of EVERYTHING you send to the IRS and send it certified mail with return receipt. The IRS processes millions of pieces of mail, and having proof of delivery can be crucial if they claim they never received your documentation. The fact that multiple employees were affected actually works in your favor - it shows this was clearly a systematic error rather than anything questionable on your part. Your case should be pretty straightforward to resolve once they have all the documentation!
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Javier Morales
β’This is really solid advice about the documentation process! I'm curious though - when you mention sending everything certified mail, does that add significant cost when you're including multiple years of pay stubs and other documents? I'm dealing with a similar situation but the postage costs are starting to add up with all the copies I need to send. Is there a more cost-effective way to ensure delivery confirmation, or is certified mail really the best protection when dealing with the IRS?
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