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Ask the community...

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CosmicCadet

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I've handled several similar situations, and the key is really documenting the level of services the owners actually provide. If they're truly passive (using a property management company, minimal involvement in tenant selection, repairs handled by others), you can make a strong case for minimal or no compensation. However, I'd be cautious about completely eliminating W-2s if they've been issuing them consistently. A middle ground approach might work better - reduce the compensation to reflect only the actual services performed (maybe equivalent to what you'd pay for bookkeeping, tax prep coordination, major decision-making) while treating the rest as distributions. The documentation is crucial here. Keep detailed records of what services the owners actually perform, time spent, and how decisions are made. This will support your position whether you go with minimal compensation or argue for none at all.

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Jacob Lee

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This is exactly the approach I'd recommend as well. The documentation piece cannot be overstated - I've seen too many cases where taxpayers had reasonable positions but couldn't substantiate them when questioned. One thing I'd add is to consider creating a formal resolution or operating agreement amendment that clearly delineates what constitutes "services" versus passive ownership. This helps establish the framework upfront rather than trying to justify it after the fact. Also, if they do maintain some W-2 compensation, make sure it's consistent year-over-year unless there's a documented change in the level of services provided. The gradual reduction approach you mentioned is probably the safest path forward, especially given their history of issuing W-2s.

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Omar Fawzi

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This is a nuanced situation that I've encountered multiple times in my practice. The consensus here is correct - the compensation requirement hinges on whether the owners are providing actual services versus passive investment. One practical approach I've used successfully is conducting a "services audit" with the client. Document everything: Who handles tenant screening? Lease negotiations? Maintenance coordination? Financial reporting? Even if they use a property management company, there are often oversight duties that constitute services. For clients transitioning away from W-2s after years of issuing them, I recommend a phased approach over 2-3 years while building strong documentation. Start by reducing compensation to reflect only actual services performed, then potentially eliminate it entirely if the documentation supports truly passive ownership. Also consider the state tax implications - some states may have different rules or be more aggressive in examining S corp compensation. The federal position is only part of the equation. The key is having a defensible position backed by solid documentation. Better to be conservative and pay some modest compensation than face an audit where you can't substantiate a zero-compensation position.

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Zara Mirza

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This services audit approach is brilliant and something I wish I'd thought of earlier. I'm curious about the state tax implications you mentioned - are there specific states that are particularly aggressive on this issue? Also, when you do the phased approach over 2-3 years, do you typically reduce by a set percentage each year or base it on documented changes in the level of services? I have a client in a similar situation and want to make sure I'm being appropriately conservative while not overpaying unnecessarily.

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Am I the only one who thinks it's weird that we have to ask for EXTRA money to be taken out of our paychecks?? The whole system is so messed up. The IRS already knows how much we should be paying, why make it so complicated???

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Connor Byrne

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It's because the W-4 withholding system is based on a pretty simple formula that doesn't account for all possible income situations. If you have multiple jobs, investment income, self-employment on the side, or itemized deductions, the standard withholding might not cover your actual tax liability.

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Riya Sharma

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This is definitely frustrating, and you're right to be concerned. Your employer is legally required to follow the withholding instructions on your W-4, including any additional withholding amounts you've requested. Here's what I'd recommend: 1. **Gather your documentation** - Make sure you have a copy of the signed W-4 showing the $40 additional withholding request, and collect all your pay stubs showing the missing withholding. 2. **Contact payroll immediately** - This could be a simple processing error. Bring your W-4 copy and ask them to explain why the additional withholding isn't appearing on your pay stubs. 3. **Request immediate correction** - If it was an error, ask them to fix it for future paychecks AND to make a catch-up withholding for the missed amounts ($40 x number of paychecks missed). 4. **Get everything in writing** - Document all conversations with dates, names, and what was discussed. If your employer refuses to comply, you may want to contact your state's labor department, as this could be considered a payroll violation. The IRS doesn't directly handle employer compliance issues, but proper documentation will help if you face underpayment penalties at tax time. Don't panic about owing taxes yet - focus on getting this fixed for the remaining pay periods this year, and you might be able to make up most of the difference.

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Jake Sinclair

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This is really helpful advice! I'm dealing with something similar but wondering - if the employer acknowledges it was their mistake, are they required to help with any penalties I might face? Like if I end up owing underpayment penalties because of their error, shouldn't they be responsible for that?

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Is anyone using QuickBooks Online for their S-Corp bookkeeping? I'm trying to figure out if the extra cost for the plus version is worth it for the project tracking features.

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Mia Alvarez

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I use QBO Plus for my S-Corp and the project tracking is essential if you have multiple clients or projects. Makes it way easier to separate costs and see profitability by project. The reports are also better for showing to your CPA or using with tax software.

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Caesar Grant

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I made this exact transition two years ago and can share what worked for me. Started with a CPA for the first year to get everything set up correctly - S-Corp election, payroll system, proper bookkeeping structure. Cost me about $2,500 but was worth every penny to avoid mistakes. Year two I took it over myself using TaxAct Business which handles S-Corp returns well. The key is having good bookkeeping throughout the year - I use QuickBooks to track everything properly so tax time isn't a nightmare. One thing I wish I'd known earlier: set aside money monthly for your quarterly payroll taxes and estimated payments. The cash flow is different from sole prop where you just pay once a year. Also, keep detailed records of any business expenses and mileage since the documentation requirements are stricter. At $75k revenue, you're right on the edge where S-Corp starts making sense. I'd run the numbers with a CPA first to make sure the tax savings actually exceed the additional costs (payroll processing, extra tax prep fees, state requirements, etc.).

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CosmicCowboy

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Have you tried contacting a Taxpayer Advocate? They're supposed to help when normal channels aren't working! I'm worried about your quarterly issue causing cascading problems if it's not resolved quickly. Would your accountant be able to help navigate this? So frustrating that our tax system makes it this difficult to just talk to someone!

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I feel your frustration! As someone who's dealt with similar IRS phone issues, I found success with a few strategies: First, try the automated callback feature when available - you can request a callback instead of waiting on hold. Second, consider faxing your inquiry to the Business & Specialty Tax Line at 855-641-6935 with your specific discrepancy details and contact info. Third, if this is truly time-sensitive for your estimated payments, you might qualify for Taxpayer Advocate Services (mentioned by others) - they have authority to expedite cases that could cause financial hardship. Also, check if your issue can be resolved through your online IRS account or by mailing Form 843 if it's about penalties/interest. Document everything for your records!

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Nia Williams

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I'm confused about something. If the mom died in 2021 and the dad died in 2022, how were they filing a joint return? I thought you could only file jointly if both spouses were alive at the end of the tax year?

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Luca Ricci

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You can actually file a joint return in the year one spouse dies. The surviving spouse can file jointly for that tax year, indicating "deceased" next to the deceased spouse's name. It's called a "surviving spouse" filing status. But you're right that they couldn't file jointly for 2022 if the mom died in 2021, unless I'm misunderstanding something about the original post.

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Amara Nnamani

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Just to clarify the timeline - the original post mentions mom died in June 2023 and dad died in April 2024. Dad filed a joint return for 2023, which is completely valid since mom was alive for part of that tax year. When one spouse dies during the tax year, the surviving spouse can still file a joint return for that year. The confusion might be coming from misreading the dates. Since dad filed the 2023 joint return after mom's death but before his own death in 2024, everything follows normal tax rules. The refund is now part of dad's estate since he was the last surviving taxpayer on that return. @f0a5c9e0aa63 - You should definitely review that trust document carefully. Even if it doesn't specifically mention tax refunds, it might have language about how "income" or "assets" from joint accounts or filings should be distributed between the families. This could impact whether your stepsister has any claim to the refund.

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Thanks for clarifying the timeline - I was getting confused by all the different dates mentioned in the thread. That makes much more sense now about the joint filing being valid. One thing I'm wondering about is whether the tax preparer should have advised differently about applying the refund to 2024 taxes versus requesting it immediately for estate distribution. It seems like from what everyone is saying here, requesting it now might be the better approach for closing out the estate properly. @f0a5c9e0aa63 Have you considered getting a second opinion from another tax professional who specializes in estate tax matters? It sounds like this situation might be more complex than your current preparer initially realized, especially with the trust and potential family claims involved.

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