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Ask the community...

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Kaylee Cook

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Has anyone mentioned the "reasonable compensation" requirement for S-Corps? This is where most expats get tripped up. The IRS requires you to pay yourself a "reasonable salary" subject to FICA taxes before taking distributions. With FEIE, this gets messy because only the salary portion qualifies for FEIE (up to the limit), not the distributions. So you might save on self-employment tax but lose FEIE benefits on the distribution portion.

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Isn't there also the issue of state taxes? Some states don't recognize S corp elections or tax them differently. OP didn't mention their state residency situation but as an expat that might matter too.

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I went through almost the exact same situation last year - LLC with FEIE benefits, considering S-Corp election, and dealing with unresponsive tax professionals. Here's what I learned that might help: The electronic signature issue will likely save you, as others mentioned. The IRS is incredibly strict about wet signatures on Form 2553. But definitely call proactively rather than waiting - it shows good faith and creates a paper trail. Regarding the S-Corp vs FEIE analysis, here's the key issue most people miss: with S-Corp status, you're required to pay yourself "reasonable compensation" as an employee before taking distributions. Only that salary portion qualifies for FEIE, not the distributions. So if your business income is $100k and you set reasonable salary at $60k, only the $60k qualifies for FEIE. The remaining $40k in distributions doesn't qualify for FEIE but also isn't subject to SE tax. Compare this to LLC status where your entire $100k of business income qualifies for FEIE (up to the annual limit) but is subject to SE tax. The math really depends on your specific income levels and how much of your income falls under the FEIE limit. In many expat situations, especially with income under $120k, staying as an LLC with full FEIE benefits actually comes out ahead. Get a proper analysis done before making any decisions - this isn't something to guess on.

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This is exactly the kind of detailed breakdown I needed to see! Your point about the reasonable compensation requirement is crucial - I hadn't fully understood that only the salary portion would qualify for FEIE with S-Corp status. Given that my LLC income is typically around $85k annually and I qualify for the full FEIE, it sounds like staying as an LLC might actually be better for my situation. The SE tax savings from S-Corp election probably wouldn't offset losing FEIE benefits on the distribution portion. Do you remember roughly how long it took for the IRS to reject your electronically signed Form 2553? I'm hoping to get this resolved quickly so I can move forward with proper planning for 2024.

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LilMama23

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Pro tip: set up informed delivery with USPS so you know exactly when that check hits your mailbox

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KylieRose

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good idea! signing up rn

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I went through this exact same situation last year. The 2-4 week timeline is pretty accurate, but here's what helped me: I called the IRS customer service line (1-800-829-1040) about 10 days after my deposit was rejected and they were able to confirm that my paper check had been processed and give me a rough mailing date. Also double-check that your address on file with the IRS matches exactly what you have with USPS - even small differences can cause delays. Hang in there, the check will come!

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Thanks for the tip about calling after 10 days! @a22bcf61cd02 Did they give you a tracking number or anything when you called, or just a rough estimate? I'm definitely going to try this if I don't hear anything soon.

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My deceased mother received an IRS bill for unreported 1099R income - what now?

My mom passed away in February 2023. My dad has been gone for about 9 years. After mom died, we distributed all her money equally between myself and my 3 siblings according to her will. She had no debts at the time, and now has no remaining accounts or assets of any kind. The IRS just sent a notice (April 2023) saying she owes $12,300 in back taxes from 2021 because her accountant failed to report some 1099R retirement income. The letter was forwarded to me from her former nursing home address. Does this tax bill actually need to be paid? The letter only mentions her name, not any of us kids. And yes, I've verified this is a legitimate IRS notice. UPDATE: I've spent the last day learning more and getting nowhere. Mom's assets were all transferred to us kids as named beneficiaries on her accounts (payable upon death). No other assets like house or vehicles. I've been on the phone with multiple IRS representatives for hours. None will allow me to act on her behalf to even access her account or discuss the situation. Two agents actually suggested my deceased mother complete a Power of Attorney form. When I reminded them she was dead, they asked if I had informed the IRS of her death. I said no, isn't that the Social Security Administration's job? The agent said there's a form for the IRS. After putting me on hold, they came back saying there isn't a form after all and the info comes from SSA. When I asked if they knew she was dead yet, they said I'm "not authorized to receive that level of information about her account." I'm completely stuck. I don't want penalties and interest piling up, but I can't take any action on her behalf.

I'm dealing with a very similar situation right now with my late father's estate. One thing I learned that might help - even though your mom's assets were distributed through beneficiary designations, the IRS can still pursue what's called "transferee liability" against the beneficiaries if there were unpaid taxes at the time of transfer. The key is getting proper authorization to deal with the IRS on her behalf. Form 56 is definitely the right path, but make sure you're sending it to the correct IRS processing center for your state. I made the mistake of sending it to the wrong location initially and it delayed everything by months. Also, document everything with the IRS phone calls - dates, times, agent names/ID numbers. The inconsistent information you're getting is unfortunately typical, but having records helps if you need to escalate later. You might also want to request a manager or supervisor when you call back, as they tend to be more knowledgeable about deceased taxpayer procedures. The $12,300 won't just disappear, but you do have options for penalty abatement and possibly even an offer in compromise if the total distributed assets were less than the tax debt. Don't let the interest and penalties keep accumulating while you're stuck in this bureaucratic maze.

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Taylor To

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This is really helpful advice, especially about documenting the phone calls. I've been dealing with something similar and the IRS agents have given me completely contradictory information multiple times. Having those records saved me when I had to escalate to a supervisor who was able to see the pattern of misinformation I was getting from regular agents. One thing to add - when you do get Form 56 processed, make sure you get a confirmation letter from the IRS acknowledging your fiduciary status. Without that letter, some agents will still refuse to discuss the account even after the form is on file. It's frustrating but seems to be standard procedure.

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Yuki Sato

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I went through this exact nightmare when my grandmother passed in 2022. The IRS bureaucracy around deceased taxpayers is absolutely maddening, but here's what finally worked: First, you're right that the tax liability doesn't just disappear. Since your mom's assets were distributed through beneficiary designations, you and your siblings could potentially be liable as transferees if the IRS can prove the tax debt existed when you received the assets (which it sounds like it did). The Form 56 route is correct, but here's the key - you need to establish yourself as the "informal fiduciary" since no formal estate was opened. Include a cover letter explaining that all assets were distributed via beneficiary designations and that you're acting on behalf of the deceased taxpayer to resolve outstanding tax matters. Also, when you call the IRS, specifically ask for the "Deceased Taxpayer" unit - don't let them transfer you to general collections. The regular agents literally don't have training on these situations, which explains the ridiculous advice about getting a power of attorney from a dead person. Once you get Form 56 processed, you can request penalty abatement for reasonable cause (accountant error) and potentially set up a payment plan if needed. The actual tax plus interest will likely still be due, but you can eliminate the penalties which are usually a big chunk of these bills. Don't ignore this - the IRS has up to 10 years to collect and can absolutely pursue transferee liability against beneficiaries. Better to deal with it now before more penalties and interest accumulate.

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question - if I estimate now using FreeTaxUSA 2023 software and create an account, can I just log back in when I have my actual W-2 and 1099 forms and file from there? or would I need to start over?

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Omar Zaki

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You should be able to log back in and update the information without starting over. FreeTaxUSA saves your work, so when you receive your actual tax documents, you can simply replace the estimated numbers with the final figures. I recommend creating a separate account just for planning if you want to play around with different scenarios. That way your actual filing account stays clean with only your real data when you're ready to file.

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Carmen Ortiz

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Thanks for the heads up about the early release! I've been using FreeTaxUSA for the past few years and really appreciate being able to do tax planning before the rush. One tip I'd add - if you're estimating now, make sure to save different scenarios. I usually create versions with conservative estimates and then more optimistic projections to see the range of what I might owe or get back. Also worth noting that if you have any major life changes planned (marriage, new job, etc.), you can model those too to see how they'd impact your taxes. Really helps with financial planning for the year ahead.

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That's a great strategy about creating different scenarios! I'm new to using tax software for planning ahead like this. When you say "save different scenarios" - do you literally create multiple accounts, or is there a way within FreeTaxUSA to save different versions of your return? I'd love to model what happens if I max out my IRA contribution vs. not contributing at all, but I don't want to accidentally mess up my main estimate.

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Rami Samuels

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Just a heads up - if you end up filing without the official 1099-B, make sure you check the box on Form 8949 that indicates you're reporting transactions that weren't reported to you on a 1099-B. This lets the IRS know you're being transparent about not having the official form. Also, document EVERYTHING. Download your transaction history from Robinhood NOW, before it potentially disappears from your easy access. Take screenshots of your attempts to contact them. If there's ever an audit question, you want to show you made every effort to get the correct documents.

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This is solid advice. I'd add that you should also use the "proceeds not reported to IRS" checkbox if you're filing without a 1099-B. I had to do this last year and had no issues, but definitely do keep meticulous records of all your calculations.

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Diego Flores

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I work in tax preparation and see this Robinhood issue frequently. Here's what you need to know from a professional perspective: 1. **You MUST report all stock sales regardless of receiving a 1099-B.** The IRS requires you to report capital gains/losses even without the form. 2. **Robinhood's delay might be legitimate.** Complex situations like wash sales, corporate actions, or basis adjustments can delay forms until March 15th. 3. **For immediate action:** Download your complete transaction history from Robinhood (Account → Statements → Activity). This will have all your trades with dates, quantities, and prices. 4. **Calculate manually if needed:** Use FIFO (First In, First Out) method unless you specifically elected otherwise. Your proceeds minus your cost basis equals your gain/loss. 5. **Don't forget dividends:** Even $10+ in dividends must be reported. Check if you received a 1099-DIV or if it's combined with other forms. The key is accurate reporting with proper documentation. I've helped clients through IRS correspondence when brokers were late with forms, and as long as you report everything accurately and keep records, you'll be fine. Consider filing an extension if you're uncomfortable proceeding without the official form.

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Omar Zaki

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This is really helpful professional advice, thank you! I have a quick question about the FIFO method - if I bought the same stock multiple times at different prices throughout the year, do I need to track each individual purchase separately? Or can I just average out the cost basis? I'm worried about making mistakes with the calculations since I made quite a few trades.

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