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Has anyone dealt with the timing issue if you filed amended 941s to claim the ERC after you already filed your 1120-S for that tax year? I'm in this situation now - claimed ERC for 2021 quarters but already filed my 2021 1120-S before receiving the credit.
You'll need to file an amended 1120-S (Form 1120-S/X) to reduce the wage expense for the year the wages were paid, not when you received the credit. I just went through this exact situation with my company.
I've been dealing with this exact issue for my S-corp and can confirm what others have said - you absolutely need to reduce wage expenses by BOTH the refundable and non-refundable portions of the ERC on your 1120-S. The key thing to remember is that the ERC is essentially reimbursing you for wages you already deducted as business expenses. If you don't reduce your wage expense by the full ERC amount, you're getting a double tax benefit - once from deducting the wages and again from the credit. I'd also recommend keeping detailed documentation of how you allocated the ERC reduction between different wage categories (officer compensation vs regular wages) in case the IRS has questions later. This becomes especially important if you're claiming QBI deductions since the wage amounts on your K-1s will be affected by these reductions.
This is exactly the guidance I needed! I'm also dealing with this on my S-corp return and was getting conflicting advice from different sources. Your point about the double tax benefit makes perfect sense - we can't deduct the wages AND keep the credit without adjustment. Quick follow-up question: when you say "allocated the ERC reduction between different wage categories," did you base that allocation on the actual employees whose wages qualified for the ERC, or did you just split it proportionally across all wage categories? I have both officer wages and regular employee wages, but only some of the employees' wages actually qualified for the ERC periods.
This is so frustrating! I had the same issue - filed on 1/22 and never saw any advance option. Really wish TurboTax would be upfront about when these programs end instead of leaving us guessing. At least now I know for next year to file literally the first day possible if I want that advance. Thanks for posting this question - glad I'm not the only one who missed out!
This happened to me too! Filed on 1/26 and was so confused when there was no advance option anywhere. Really wish they would put a clear notice on their website about when the advance program ends each year. It's frustrating to find out after the fact that you missed the cutoff by just a few days. At least we're all in the same boat though - sounds like a lot of people ran into this issue this season!
Ugh yes! I filed on 1/28 and had the exact same experience - kept looking for the advance option and it was just nowhere to be found. Super annoying that they don't give any heads up about when it ends. At least now I know I wasn't doing anything wrong! Definitely setting a reminder for next January to file ASAP if I need that advance money.
My parents pulled this same garbage with me. Here's what I learned: If you're under 24 and a full-time student, they CAN legally claim you as a dependent, BUT that doesn't mean they own your refund!! The refund is based on YOUR income and YOUR withheld taxes. Next year, file your own taxes ASAP before your parents can. You can still mark that "someone can claim you as a dependent" but YOU control where the refund goes. For this year, unfortunately, it might be a matter of family negotiation rather than legal action. The IRS won't get involved in family disputes even if you're technically right.
This is the correct answer. I work part time at an accounting office during tax season and see this all the time. Parents think that claiming their kid as a dependent means they're entitled to the kid's refund too, but that's not how it works.
I'm really sorry you're dealing with this frustrating situation. As others have mentioned, legally that refund belongs to you since it's from taxes withheld on YOUR earnings. Being claimed as a dependent doesn't give your mom ownership of your refund. That said, since she already has the money deposited in her account, your best options are probably: 1) Having a calm conversation about splitting it fairly - maybe contributing some toward household expenses but keeping money for your textbooks and car repairs, or 2) Making sure you file your own taxes next year before she can. For next year, open your own bank account if you don't have one already, and file as soon as you get your W-2. You can still check the box that says someone can claim you as a dependent, but YOU control where your refund goes. I know it's tough when it's family, but you worked for that money and you deserve to have control over it. Try approaching the conversation from a "fairness" angle rather than making it confrontational - maybe suggest keeping 60-70% for your school/car needs while contributing the rest to household expenses.
This is really solid advice! I'm actually going through something similar with my dad right now. The "fairness" approach definitely seems like the way to go instead of making it a big confrontation. I like the idea of proposing to contribute some toward household expenses while keeping the majority for actual needs like textbooks and car repairs. Shows you're being responsible but also standing up for yourself. The tip about filing early next year is gold - I had no idea you could still be claimed as a dependent but file your own return. Definitely opening my own bank account this week so this doesn't happen again!
Quick question - has anyone dealt with this situation but with kids involved? We're in the same boat (spouse waiting for SSN) but we also have two children from my spouse's previous marriage who are also in the green card process. Can we claim them as dependents without SSNs? Or do we need to wait until everyone has their numbers?
For dependent children without SSNs, you'll need to apply for ITINs for them separately if they don't qualify for SSNs yet. Unlike your spouse who has a pending SSN application, dependent children need either an SSN or ITIN to be claimed on your tax return. You can submit Form W-7 (ITIN application) along with your tax return for each child. Include documentation proving their identity and foreign status (like passports). This is different from your spouse's situation because you're not filing jointly with your children - you're claiming them as dependents, which has different requirements.
I went through this exact situation two years ago! You absolutely can file married filing jointly even without your spouse's SSN. Here's what worked for me: 1. File a paper return (no e-filing option in this case) 2. Write "Applied For" in the SSN field for your spouse 3. Attach a statement explaining that your spouse has applied for an SSN through the green card process and is awaiting issuance 4. Include a copy of any USCIS receipt notices showing the SSN application was submitted The key thing to remember is that you'll still get all the married filing jointly benefits - higher standard deduction, better tax brackets, etc. The downside is that processing will take longer (expect 8-12 weeks instead of the usual 2-3 for e-filed returns). Once your wife gets her SSN, you don't need to amend anything. Just call the IRS to provide the new number so they can link it to your return. This prevents any future correspondence issues. Don't stress too much about it - the IRS is used to handling these situations with immigration cases. Just be thorough with your documentation and you'll be fine!
This is incredibly helpful! I'm in almost the exact same situation right now - my spouse got married in November 2024 and we're waiting on her green card and SSN. I was so worried about missing out on the joint filing benefits or accidentally doing something wrong. Quick question - when you say "attach a statement explaining the situation," did you write this yourself or is there a specific format the IRS prefers? Also, did you include copies of your marriage certificate along with the USCIS receipts? I want to make sure I include everything they might need to avoid any delays or requests for additional documentation. Thanks for sharing your experience - it's reassuring to hear from someone who actually went through this successfully!
Emma Olsen
This is exactly the kind of proactive thinking every parent needs! I went through this process last year for my three kids after a family friend discovered their 12-year-old's SSN had been compromised. The IRS website makes it pretty straightforward - the hardest part is honestly just remembering to do the annual renewal. One tip I'd add: when you get your new PINs each December, immediately update any auto-filing software or give the new PIN to your tax preparer right away. I made the mistake of waiting until tax season and then scrambled when TurboTax kept rejecting my return because I was still using the old PIN. Also, consider setting up credit monitoring for yourself too if you haven't already - if someone is targeting families in data breaches, they might go after parents' info as well. Stay vigilant but don't stress too much - you're being a great parent by getting ahead of this!
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Liam Cortez
ā¢This is such helpful advice! The tip about updating auto-filing software immediately with the new PIN is brilliant - I can totally see myself making that same mistake and panicking during tax season. It's also smart to think about credit monitoring for parents too since like you said, if they're targeting families, they might go after all the info they can get. Thanks for sharing your experience with the family friend's situation - it really drives home how real this threat is. Definitely feeling more confident about tackling this process now with everyone's guidance!
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Sean Murphy
Wow, this thread is exactly what I needed to see! I've been putting off getting IP PINs for my kids (ages 4 and 7) because I thought it might be complicated, but reading everyone's experiences makes it seem much more manageable. The point about younger kids actually being MORE at risk really opened my eyes - I was thinking my 4-year-old was too young to worry about, but now I realize that's exactly why I should protect her SSN now. Planning to do this for both kids this weekend along with checking for any existing credit reports. Thanks to everyone who shared their step-by-step experiences and pro tips - this community is amazing! š
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