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Has anyone filed Form CT-3-S for NY? I have an S-Corp (not an LLC) in New York but live in Connecticut, and I'm totally confused about what I need to file where. The NY website is so complicated!
Yes, I have experience with CT-3-S. For S-Corps in NY with non-resident owners, you need to file both the CT-3-S at the entity level and then you personally need to file the IT-203 nonresident return to report your share of NY source income. It's more complicated than LLC pass-through taxation.
This is exactly the kind of multi-state tax complexity that trips up so many LLC owners! Based on your situation, here are the key points: Since you're a Colorado resident performing all work in Colorado, that's where you'll owe state income taxes on the LLC income - regardless of where the LLCs are registered. Colorado will tax you on your worldwide income as a resident. For Delaware: Good news! Delaware generally doesn't tax income from LLCs that don't have physical presence in the state. You'll just need to pay the annual franchise tax ($300) to maintain registration. For New York: This is trickier. If your NY LLC has any nexus to New York (clients there, meetings there, property there), you might need to file NY returns. Even if you don't owe NY tax because you're not a resident, you may still need to file informational returns. One thing to watch out for: Make sure you're not creating unintended nexus by having business bank accounts, registered offices with mail forwarding, or conducting any business activities in DE or NY. I'd recommend consulting with a multi-state tax professional to review your specific situation, especially given the complexity of nexus rules. Each state interprets "doing business" differently, and you want to avoid any compliance issues.
Based on the current processing timeline, I'd recommend your friend submit the requested documents by April 30th at the latest. If they do that, they could potentially see a new DDD by June 15th. Another option is to check if they can upload the documents through the IRS online account portal rather than mailing them - as of March 1st, 2024, the IRS expanded their digital document submission options for certain verification requests.
Just to clarify, per Internal Revenue Manual 21.5.6, taxpayers responding to these verification requests should retain proof of submission. The IRS allows 30 days from the date of the letter for response before taking adverse action, though extensions may be requested by calling the number on the notice.
As someone who's dealt with IRS verification requests before, I'd strongly suggest your friend respond ASAP with the requested documents. The key thing is that once the IRS flags a return for additional verification, any existing DDD gets canceled until they complete their review. For international students specifically, make sure to include a copy of your I-20 or DS-2019 along with the W2-G and 1099 forms - the IRS sometimes needs to verify your tax status. Also, send everything via certified mail so you have proof of delivery. The waiting is brutal, but being proactive with the documentation really helps speed things up!
This is super helpful advice! I'm actually in a similar boat as an international student and was wondering - when you mention including the I-20 or DS-2019, should we also include any documentation showing our tax treaty benefits? I know some countries have treaties that affect gambling winnings taxation. Also, has anyone had luck with the IRS online portal for uploading these docs, or is certified mail still the safest route?
Just curious - did either of you have any major tax changes from the previous year? Like buying a house, having a child, changing filing status, etc.? I got hit with a big tax bill the year after we bought our house because I didn't adjust my withholding to account for no longer taking the standard deduction.
I'm a tax professional and I see this scenario regularly - unfortunately, you're dealing with a perfect storm of issues. The 1.5-2% withholding rate is drastically wrong for someone earning $38k, even if filing married jointly. Here's what likely happened: Your husband's employer is probably still using his old W-4 from before 2020, and their payroll system may not be properly handling the transition to the new withholding calculations. Many employers defaulted to minimal withholding when they couldn't properly interpret old forms. For immediate action: 1) Have your husband complete a NEW 2023 W-4 immediately and submit it to payroll with a written request to confirm the change, 2) Request in writing that payroll explain their current withholding calculation and provide the tax tables they're using, 3) Document everything for your penalty abatement request. The $4,100 liability sounds about right unfortunately - with your combined $100k income filing jointly, his severe underwithholding would create exactly this kind of shortfall. The good news is you have a strong case for penalty relief since this appears to be employer error despite correct employee information. Also consider making estimated tax payments for 2024 while you get his withholding fixed to avoid repeating this situation.
This is exactly the kind of professional insight we needed! Thank you for breaking down what likely happened. It makes so much sense that the old W-4 combined with updated tax calculations would create this mess. One follow-up question - when you mention making estimated tax payments for 2024, how do we calculate what those should be? Should we base it on what we owe now ($4,100) divided by 4 quarters, or is there a different calculation we should use while waiting for his employer to fix the withholding? Also, do you have any specific language we should use when requesting the penalty abatement? I want to make sure we frame this correctly as employer error rather than our mistake.
Chiming in with actual IRS experience - I worked at a processing center for two years. ALL IRS locations are equipped to route mail to the correct destination. The PO Boxes are mainly for sorting efficiency, but mail gets rerouted internally all the time. Your amended return might be delayed by a week or so, but it definitely won't be rejected just because it went to Charlotte instead of Kansas City. The most important thing is that you used the correct form (1040-X) and included all required supporting documents. As long as you did that and the envelope was properly addressed to an actual IRS facility (which Charlotte is), you should be fine. The "Where's My Amended Return" tool likely won't show anything for 3-4 weeks regardless of which address you used.
Thank you so much for sharing your experience! That's really reassuring to hear from someone who worked inside the system. I definitely used the correct 1040-X form with all supporting documents. So there's no chance they'd just return it to me as "wrong address" or something?
No, they won't return it as "wrong address" - that's not how the IRS operates internally. The only time they'd return something is if it was addressed completely incorrectly (like to "IRS, Washington DC" with no specific address) or if the form itself was so incomplete it couldn't be processed. Your situation is extremely common. The IRS receives thousands of forms sent to non-optimal addresses every day, and they have established protocols for routing them internally. Just be aware that amended returns are taking 20+ weeks to process even when sent to the right address, so you'll need patience regardless. But your return is definitely in the system and will be processed.
Little tip from someone who's been audited twice - always keep copies of EVERYTHING you send to the IRS and always use certified mail with return receipt! That way you have proof of exactly when and where you sent it. For future reference, you can always double-check the correct mailing address on the IRS website rather than relying on tax software. Sometimes the software isn't updated for recent IRS address changes.
Does certified mail really matter? I've always just dropped my stuff in the blue collection boxes. Never had issues but maybe I've just been lucky?
Certified mail is absolutely worth it, especially for amended returns! I learned this the hard way when the IRS claimed they never received my 1040-X that I dropped in a regular mailbox. Without proof of delivery, I had to refile everything and start the process over. The $5-6 for certified mail could save you months of headaches if there's ever a question about whether they received your documents. Plus with amended returns taking so long to process, having that delivery confirmation gives you peace of mind that it at least made it to them.
Leila Haddad
The exact same thing happened to me last year! It was for that Facebook data privacy settlement. Got like $78 and a 1099 with a note saying don't report it. I freaked out too, but my brother who's an accountant explained that certain settlements are considered non-taxable by the IRS - especially ones related to data breaches, privacy violations, or returning money that was wrongfully taken from you. I didn't report it and had zero issues with my return. The 1099 is just the company covering their bases for their own accounting purposes. As long as you keep the documentation showing it said not to report it, you're covered if there are ever any questions.
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Emma Johnson
ā¢I got a settlement check from that Target data breach a few years ago and was told to report it. So confusing that some say report and others don't!
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Fernanda Marquez
I'm dealing with something similar right now! Got a $45 settlement check from some consumer protection lawsuit I barely remember signing up for. The paperwork was super confusing - it had a 1099 but also said "this payment may not be taxable income depending on your circumstances." After reading through all these responses, I'm feeling more confident about not reporting it. The key seems to be keeping all the documentation that came with it. I took photos of everything including the envelope it came in, just in case I need to prove what instructions they gave me. One thing that helped me feel better was looking up the actual settlement online. Most of these class action websites have FAQ sections that explain the tax implications. Mine specifically said payments under $100 for consumer harm/restitution are typically not taxable income since they're just making you whole for losses, not providing additional income.
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