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I'm in the exact same situation with Wells Fargo! DDD was 3/15 and it's now day 5 with nothing. Called Wells yesterday and they said no pending deposits either. This is also my first year using this account for tax refunds. What's really frustrating is that I see some people saying Wells usually posts refunds just 1 day after DDD, but clearly that's not happening for all of us. I'm wondering if there's something specific going on with Wells Fargo's system or if the IRS is having broader issues this year. I checked my transcript last night and the DDD is still showing as 3/15 with no error codes, so at least that part looks normal. Going to try calling the IRS first thing tomorrow morning when they open - fingers crossed I can actually get through to someone who can tell me what's happening with the deposit. Really hoping we all see our refunds soon! This limbo is killing me when I've got bills due next week.
Hey Paolo, I'm dealing with the exact same timeline and bank! It's oddly comforting to know I'm not the only one stuck in this limbo. I've been reading through all these comments and it seems like there might be something going on with Wells Fargo specifically this year, or maybe the IRS is just having major delays. The fact that your transcript still shows the correct DDD with no error codes is reassuring though - at least we know the IRS thinks they sent it. I'm going to try that early morning call strategy too. Maybe if enough of us call they'll have some answers about what's causing these delays. Definitely keep us updated on what you hear from the IRS! Hopefully we'll all wake up to surprise deposits in our accounts soon 🤞
I'm dealing with the exact same issue! DDD of 3/15 with Wells Fargo and still nothing in my account as of today. This is also my first year using Wells Fargo for my refund, so I'm wondering if that's causing extra delays. I called Wells Fargo yesterday and they confirmed no pending deposits on their end, which is concerning since most people are saying Wells usually posts refunds within 1-2 days of the DDD. The rep mentioned they sometimes put holds on large deposits for accounts that haven't received IRS refunds before, but couldn't give me a definitive timeline. My transcript still shows the 3/15 DDD with no error codes, so at least the IRS side looks normal. Planning to try calling the IRS early tomorrow morning when they open - hoping to actually get through to someone who can explain what's happening. It's really stressful when you're counting on that money for upcoming bills! Glad to see I'm not the only Wells Fargo customer dealing with this delay. Will definitely update here if I hear anything useful from the IRS or if my deposit finally shows up.
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I went through something very similar last year and totally understand your confusion! Getting a 1099-NEC when you expected a W-2 is jarring, especially when your work situation sounds like a traditional employee setup. A few things to keep in mind as you navigate this: 1. **File correctly for now**: Even if you suspect misclassification, you'll need to report the 1099-NEC income on your tax return this year. Use Schedule C and don't forget Schedule SE for self-employment taxes. 2. **Track everything going forward**: Since others mentioned documentation - start keeping records of your work arrangements now. Things like email instructions, schedule requirements, use of company equipment, etc. 3. **Consider the bigger picture**: While the extra self-employment tax (around 15.3%) is frustrating, remember you can also deduct legitimate business expenses that employees can't. Keep receipts for anything work-related. 4. **You have time to decide**: You don't have to rush into filing Form SS-8 right now. You can file your taxes correctly based on the 1099-NEC you received, then evaluate your options for challenging the classification later if you decide it's worth pursuing. The most important thing right now is meeting your tax obligations while you figure out the classification issue. Don't let the stress of the bigger question prevent you from filing on time!
This is excellent advice, especially the point about filing correctly based on what you have while keeping your options open for the classification issue. I'm in a similar boat - got my first 1099-NEC this year and was totally overwhelmed by all the self-employment tax stuff. One thing that really helped me was breaking it down into steps instead of trying to solve everything at once. First, just get the tax return filed correctly with the 1099-NEC income. Then, if you decide the classification is wrong, you can deal with that separately. The documentation point is so important too. I started taking screenshots of my work schedule, saving emails about task assignments, and keeping track of when I'm required to use company equipment vs. my own stuff. Even if I never end up challenging my classification, having that record makes me feel more in control of the situation. Thanks for the reminder about business deductions too - I keep forgetting that's one advantage of this whole mess!
I really feel for you - this exact situation happened to me last year and it was so confusing! The good news is that you're not alone in dealing with this, and there are definitely steps you can take to figure it out. First, yes - receiving a 1099-NEC does mean the IRS will treat you as self-employed for tax purposes. You'll need to file Schedule C to report the income and Schedule SE for self-employment taxes (which is the extra ~15.3% others mentioned). But based on your description (set hours, using their equipment, being told exactly what to do), it really does sound like you might be misclassified. Here's what I wish someone had told me: you can file your taxes correctly with the 1099-NEC you received AND still challenge the classification later. Don't let the classification question prevent you from meeting your tax deadline - that's the most important thing right now. Start documenting everything about your work relationship immediately - emails about schedules, instructions about how to do your job, what equipment you're required to use, etc. This will be valuable whether you decide to file Form SS-8 or just want to have a conversation with your employer about the situation. Also, don't forget that being classified as self-employed does have one silver lining - you can deduct business expenses that regular employees can't. Keep track of anything work-related you pay for out of pocket. You've got this! Take it one step at a time and don't let the overwhelm paralyze you.
This is such helpful advice! I'm dealing with my first 1099-NEC situation too and was getting so overwhelmed trying to figure out if I should challenge the classification before even filing my taxes. Your point about handling these as separate issues makes so much sense - file correctly with what I have, then tackle the classification question if needed. I've been stressed about the extra self-employment taxes, but you're right that the business deduction angle could help offset some of that. I hadn't really thought about tracking work-related expenses since I was expecting to be treated as an employee. Quick question - when you say "document everything," should I be worried about my employer finding out I'm questioning the classification? I don't want to create problems at work, but I also don't want to just accept paying extra taxes if I shouldn't have to.
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The actual stats on audit rates might make you feel better. For small Schedule C filers (under $100k), the audit rate is around 0.9%. Even with multiple years of losses, unless you have other major red flags, your chances remain relatively low. Make sure you can document that your expenses were legitimate business costs, not personal expenses, and you should be okay.
Thanks for sharing those stats - that does make me feel better. Just curious, where did you find those numbers? And what would be considered other "major red flags" besides the consecutive losses?
I got those stats from the IRS Data Book which they publish annually. The latest numbers show small business audits have been declining due to IRS budget constraints, though that may change with recent funding increases. Major red flags beyond consecutive losses include unusually large deductions compared to income (especially home office, vehicle, travel, meals), round numbers that suggest estimation rather than actual record-keeping, substantial cash-based income, and claiming 100% business use for vehicles. Also, mathematical errors or inconsistencies between forms can trigger automated reviews that sometimes escalate to audits.
Has anyone here actually been audited for a small business with losses? I'd love to hear a firsthand experience about what happened and how it went.
@MidnightRider Thanks for sharing your experience! That's actually really reassuring to hear it was manageable with good documentation. I'm curious - did they ask for specific types of business evidence beyond receipts? I'm wondering if things like marketing materials, business licenses, or records of genuine attempts to improve profitability would be helpful to keep organized. Also, did the fact that you had 4 consecutive loss years specifically come up as an issue, or did they seem more focused on whether the expenses were legitimate business costs?
@MidnightRider This is exactly what I needed to hear! I've been losing sleep over this. Can you share what kind of "evidence it was a real business" they were looking for beyond the website screenshots and business cards? I have a separate business bank account and kept detailed spreadsheets of all my expenses, but I'm wondering if I should have saved more marketing materials or correspondence with suppliers. Also, did they question why you didn't make adjustments to try to become profitable, or were they satisfied that you were operating it like a legitimate business even with the losses?
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Has anyone actually considered the "routine maintenance safe harbor" for this instead of de minimis? Under Treas. Reg. 1.263(a)-3(i), if you reasonably expect to perform the maintenance more than once during the class life of the property (which is 27.5 years for residential rental buildings), you might be able to deduct it all immediately. So if you're replacing an HVAC system that's 15 years old, and you can reasonably expect to replace it again within the remaining life of the building, it could qualify as routine maintenance. I've used this approach for several rental property improvements with no issues so far.
That's an interesting approach, but I'm not sure if a complete HVAC replacement would qualify as "routine maintenance" - especially since these systems are generally designed to last 15-20 years. The IRS might argue this is a capital improvement rather than maintenance.
I appreciate everyone sharing their experiences with HVAC replacements and tax strategies. Based on what I've seen work in practice, here are a few additional considerations for your $9,800 HVAC situation: The component breakdown approach (air handler $3,400, condenser $3,300, labor $3,100) could work for de minimis safe harbor, but make sure your contractor can legitimately justify those allocations. The IRS looks for reasonable market-based pricing for each component. One thing I haven't seen mentioned is the timing consideration - since you're selling another rental this year with $140K in gains, you might also want to explore whether any of this HVAC cost could qualify for Section 1031 exchange treatment as part of your overall real estate strategy. Also, don't forget about state tax implications. Some states have different de minimis thresholds or don't conform to federal safe harbor elections, so factor that into your decision. Finally, consider getting a second opinion from your tax preparer before filing. Even if you use the AI tools or IRS guidance mentioned in this thread, having a professional review your specific situation could save you headaches later if there are any gray areas.
Great point about the state tax implications! I hadn't even thought about that. My state (California) tends to be pretty strict about conforming to federal tax rules, but I should definitely check if they recognize the de minimis safe harbor election the same way the IRS does. The Section 1031 exchange angle is interesting too - are you suggesting that the HVAC improvement costs could somehow be rolled into a like-kind exchange? I'm not doing a 1031 on the property I'm selling (need the cash), but I'm curious how that would work if someone was doing an exchange. Also, regarding getting contractor justification for the component pricing - should I ask them to provide separate quotes for each component, or is it enough to have them break down a single quote into the different parts with explanations?
Fatima Al-Qasimi
One thing that might help clarify the SEP IRA vs Solo 401k question - you can actually convert your existing SEP IRA to a Solo 401k if your Solo 401k plan allows for rollovers. This could be beneficial since you'd get the employee contribution option ($22,500) that you don't have with the SEP IRA. However, be careful about the timing if you've already made SEP IRA contributions for this tax year. You can't make employer contributions to both plans for the same tax year from the same business, even if you do a rollover partway through. Also worth noting - with your S Corp structure and $145k salary, your total contribution space to a Solo 401k would be around $58,750 ($22,500 employee + ~$36,250 employer at 25% of compensation). This might actually be less than the $66k you were planning for the SEP IRA, so run the numbers carefully before switching.
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Lauren Zeb
•This is really helpful analysis! I hadn't considered that the Solo 401k might actually give me less total contribution space than the SEP IRA in my specific situation. With my $145k salary, you're right that 25% would only be about $36,250 in employer contributions, plus the $22,500 employee contribution = $58,750 total. That's actually $7,250 less than my planned $66k SEP IRA contribution. Quick question though - is the 25% limit calculated on gross salary or net after payroll taxes? And would it make sense to potentially increase my S Corp salary to expand the contribution room, or would the additional payroll taxes eat into the benefit?
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Miguel Ortiz
•Great question about the calculation! The 25% employer contribution limit for S Corp owners is calculated on your W-2 wages (gross salary before payroll taxes), so your $145k salary would indeed allow for about $36,250 in employer contributions. Regarding increasing your salary - this is actually a common strategy but requires careful analysis. Yes, a higher salary would increase your Solo 401k contribution room, but you'd pay additional payroll taxes (Social Security, Medicare, unemployment) on the extra salary. Since you're already above the Social Security wage base for 2023 ($160,200), you'd mainly be looking at the 2.9% Medicare tax (plus 0.9% additional Medicare tax if applicable). The math often works out favorably, but you'd want to model it precisely. For example, if you increased your salary to $200k, you'd have ~$50k in employer contribution room plus the $22.5k employee contribution = $72.5k total. The extra payroll taxes on the additional $55k salary would be roughly $1,600-2,100, so you'd net significantly more retirement savings. Just make sure your salary remains "reasonable" for your role and industry - the IRS scrutinizes S Corp owner salaries closely.
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Fatima Al-Mazrouei
One additional consideration that hasn't been mentioned - if you're planning to hire employees in the future (beyond just your wife), a SEP IRA requires you to contribute equally for all eligible employees as a percentage of their compensation. With a Solo 401k, you lose eligibility once you have employees who aren't your spouse. Given your business growth trajectory ($850k-$1.2M revenue), you might want to think about whether you'll need to hire W-2 employees down the road. If so, you might want to consider other options like a traditional 401k plan that can accommodate employees, or carefully structure any future hires as contractors rather than employees. Also, make sure you're considering state tax implications. Some states don't follow federal rules exactly for retirement plan deductions, so the optimal choice might vary depending on where your S Corp is based. The timing issue others mentioned is crucial - if you're already late in 2023, the SEP IRA's flexibility to be established until your filing deadline might outweigh the Solo 401k's higher contribution potential, especially if you can't increase your salary before year-end.
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Giovanni Ricci
•This is such an important point about future employee considerations! I'm actually in a similar growth phase with my consulting firm and hadn't fully thought through how adding employees would impact my retirement plan options. The SEP IRA equal contribution requirement could get really expensive if I hire several employees at decent salaries. But losing Solo 401k eligibility once I have non-spouse employees is also a big limitation. Do you know if there's a threshold for when it makes sense to switch to a traditional 401k plan? I'm assuming the administrative costs are higher, but it might be worth it for the flexibility as the business grows. Also curious about the contractor vs employee structuring - I know the IRS is pretty strict about worker classification, so that seems like a risky strategy unless the roles genuinely qualify as contractor work. Thanks for bringing up the state tax angle too - I'm in California so definitely need to research how they handle retirement plan deductions differently from federal rules.
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