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Anyone know if having an EIN for my disregarded LLC means I need to file an annual report with the IRS? My state requires an annual LLC filing but I'm confused about federal requirements.
No annual IRS filing is required just because you have an EIN for a disregarded entity. You'll just report any income/expenses from the LLC on your personal tax return. The state annual report is a separate requirement that has nothing to do with the EIN or federal tax treatment - that's about maintaining your LLC's legal status in your state.
Your buddy is actually right about getting an EIN! Even though your LLC is a disregarded entity, there are some practical reasons why you'll likely need one: The biggest issue is banking - almost all banks require an EIN to open a business account, even for single-member LLCs. And if you're using this LLC for asset protection, you really need that separate bank account to maintain the legal separation between you and the entity. Using your personal account for LLC business could potentially "pierce the corporate veil" and undermine the asset protection you're trying to achieve. Also, having an EIN gives you more privacy since you won't have to use your SSN on business documents. Plus it's completely free to get one online through the IRS website - takes about 10 minutes. The EIN won't change your tax situation at all. You'll still report everything on your personal return since it remains a disregarded entity. But it gives you the administrative separation you need to properly maintain your LLC's legal protections.
This is really helpful! I was in the same boat as the original poster - thought I could skip the EIN since my LLC isn't actively doing business. But the banking requirement makes total sense. I called a few banks last week and they all said they needed an EIN for business accounts, even for holding companies. One question though - when I apply for the EIN online, should I list the LLC's purpose as "banking only" or something more general? I don't want to accidentally trigger any filing requirements I'm not aware of.
I ran into this exact issue last year! Schwab didn't report some of my smaller distributions on the 1099-DIV, and when I called them, they said distributions under $10 don't need to be reported on the form according to IRS rules. Is your distribution possibly split across multiple small payments that individually fall below reporting thresholds?
This is a great question that many new investors face! Based on what you've described, it sounds like you've discovered the distribution in your Schwab Tax Center was classified as "return of capital," which explains why it didn't appear on your 1099-DIV. Here's the key takeaway: return of capital distributions are NOT taxable income in the year you receive them, so you don't need to report that $175 as dividend income on your current tax return. However, you do need to track it because it reduces your cost basis in the ETF. Think of it this way - the ETF is essentially returning part of your original investment to you, rather than paying you profits (which would be taxable dividends). When you eventually sell the ETF, you'll calculate your capital gain or loss using the reduced cost basis. Since this is only your second year investing, I'd recommend keeping a simple spreadsheet to track these adjustments. Most brokerages like Schwab will automatically adjust your cost basis in their systems, but having your own records is always helpful. You're being very responsible by double-checking everything - that attention to detail will serve you well as your investment portfolio grows!
This is really helpful clarification! As someone new to investing, I'm curious about one thing - how do I know if future distributions from this same ETF will be return of capital versus taxable dividends? Is there a way to predict this, or do I just need to wait for each distribution and check how it's classified? Also, should I be concerned that this ETF is making return of capital distributions? I've heard mixed things about whether that's a good or bad sign for the fund's health.
Don't forget to consider state taxes too! While the federal treatment might be non-taxable, Minnesota might have different rules for disability settlements. When I had a similar situation in Illinois, the federal government didn't tax my settlement but the state wanted their cut. Check with the Minnesota Department of Revenue or a local tax professional familiar with state-specific rules.
This is good advice. I'm a Minnesota resident and had a workers comp settlement (different but similar tax situation) last year. Minnesota generally follows federal tax treatment for disability benefits, so if it's not taxable federally, it likely won't be for state either. But definitely worth confirming with a local tax pro!
I'm dealing with a very similar situation right now with a different insurance company. One thing I learned from my attorney is that you should get a detailed breakdown of the settlement amount in writing that specifically categorizes each component - back benefits, attorney fees, any interest or penalties, and the debt forgiveness portion. This documentation will be crucial for tax purposes and also for protecting your SSDI eligibility. The categorization helps show that the bulk of the settlement is just replacement of benefits you should have received anyway, not new income. Also, regarding the trust - make sure you set that up BEFORE the settlement funds hit your personal account if possible. Having a large lump sum in your account, even temporarily, could potentially impact SSDI eligibility depending on the timing of their reviews. Some attorneys can arrange for the settlement to be paid directly into a properly structured special needs trust. The fact that your attorney mentioned it's probably not taxable is encouraging, but definitely get that professional tax opinion before the money arrives. Better to spend a few hundred on proper advice now than deal with IRS issues later.
This is really helpful advice about getting the detailed breakdown! I hadn't thought about the timing issue with the trust setup. Is it possible to have the settlement paid directly into a trust even if it hasn't been fully established yet? Our attorney mentioned it would take a few weeks to get everything properly set up, but the settlement might be ready before then. I'm worried about that gap period where the money would have to sit in our personal account.
I completely understand the panic you must have felt seeing that tab! I went through the exact same thing about two months ago and it really threw me for a loop. What helped me was understanding that the IRS has been rolling out these new portal features in waves, and they're appearing for everyone regardless of their actual tax situation. The fact that you already received your refund is actually the most reassuring sign possible. The IRS has automated systems that flag returns for review BEFORE they issue refunds, not after. If there had been any issues with your 2022 return, they would have held your refund while they reviewed it. I ended up calling the IRS (which took forever to get through) and the representative confirmed that these new tabs are part of their system modernization but don't indicate your personal status unless you've received official mail from them. Since you haven't gotten any letters, you're almost certainly not being audited. Try not to stress too much - the new interface is just poorly designed from a user experience standpoint. They really should only show relevant tabs instead of displaying everything to everyone!
Thank you so much for sharing your experience! It's really comforting to hear from someone who went through the exact same panic. I was literally losing sleep over this when I first saw that tab appear. Your point about the automated systems flagging returns BEFORE refunds makes total sense - I hadn't thought about it that way. It's such a relief to know that getting my refund in March was actually a good sign rather than something to worry about. I really appreciate you taking the time to call the IRS and share what you learned. It sounds like so many of us have been confused by this poorly designed rollout. The IRS definitely needs to work on their user experience - this tab is causing way more anxiety than it should!
I'm seeing a lot of great advice here, but wanted to add something that might help with future IRS communication confusion. I've been using a service called TaxBandits for document management and they recently added a feature that monitors your IRS account for changes and sends you plain-English alerts when something actually important happens. It's been super helpful because it filters out all the noise from these new portal "improvements" and only notifies you about stuff that actually matters - like real notices, refund updates, or genuine status changes. After going through my own panic with these confusing new tabs last year, having something that can distinguish between interface updates and actual IRS actions has been a game-changer. The service integrates with your IRS online account and translates all their bureaucratic language into normal English. Might be worth checking out if you want to avoid this kind of anxiety in the future!
That sounds really helpful! I'm definitely interested in anything that can help avoid this kind of confusion in the future. Do you know if TaxBandits works with all the major tax software like TurboTax and H&R Block, or do you need to switch how you file your taxes to use it? I'm pretty happy with TurboTax but would love to have better monitoring of my IRS account status. Also, is there a cost associated with the monitoring service?
Fatima Al-Mansour
I work at a bank (not SOFI). Digital banks often have different processing schedules for ACH transfers compared to traditional banks. While the Federal Reserve might process the transaction on the DDD, it can take 1-3 additional business days for the receiving bank to post it. Since your DDD was Tuesday, and today is Friday, I'd say wait until Monday before assuming there's a problem.
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Chloe Taylor
ā¢Thanks for the insider perspective! That's actually really helpful to know.
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Fatima Al-Mansour
ā¢No problem! One more thing - since it's tax season, banks get flooded with deposits and some have to process them in batches, which can cause additional delays. If Monday comes and goes with no deposit, definitely call SOFI directly.
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Myles Regis
I'm having the exact same issue with SOFI! My DDD was 3/18 and it's now 3/22 with no deposit. Called SOFI customer service yesterday and they said they're "processing" it but couldn't give me a timeline. It's so frustrating because my transcript shows the 846 code with the correct date and account number. At least I'm not alone in this - seems like SOFI is definitely holding these deposits longer than they should be. Going to give it until Tuesday like others suggested before escalating further.
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Ravi Sharma
ā¢@Myles Regis It s'so relieving to hear someone else is going through the exact same thing! I was starting to think there was something wrong with my specific account. The fact that both of us have the 846 code but no deposit yet definitely points to SOFI being the issue. Did their customer service give you any explanation for why they hold these deposits? I m'planning to call them Monday if nothing shows up over the weekend. Thanks for sharing - at least we know we re'not crazy!
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