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Your accountant's concerns are valid but perhaps a bit overly cautious. The IRS doesn't prohibit S-Corp elections for personal service businesses like real estate - they just scrutinize the salary vs. distribution split more closely. With $160k in profit, you'd likely want to pay yourself around $80-100k as W-2 wages (that 50-65% range others mentioned is spot on). The key is being able to justify that salary based on what similar real estate agents in your market earn. I've been an S-Corp real estate agent for 3 years now and it's saved me significant money on self-employment taxes. Just make sure you: 1. Set up proper payroll from day one 2. Document your salary research thoroughly 3. Keep detailed records of business expenses separate from personal 4. Consider the additional compliance costs (payroll service, extra accounting fees) The "personal services" scrutiny is real, but it's not a disqualification. The IRS just wants to make sure you're not gaming the system with an unreasonably low salary. If you can justify your compensation methodology, you should be fine.
This is really helpful advice! I'm curious about the documentation process you mentioned. When you say "document your salary research thoroughly," what exactly should I be keeping on file? Like, should I print out salary surveys, save job postings, or is there a specific format the IRS expects if they ever audit the reasonable compensation determination? Also, you mentioned you've been doing this for 3 years - have you ever had any issues or red flags with the IRS during that time? I'm just trying to get a sense of how closely they actually scrutinize real estate S-Corps in practice versus the theoretical concerns my accountant keeps raising.
As someone who's been down this road, I'd suggest getting a second opinion from a CPA who regularly works with real estate agents and S-Corps. Your current accountant sounds overly conservative - while the IRS does scrutinize personal service S-Corps, it's absolutely not a red flag or prohibited structure. The key issue isn't whether you CAN elect S-Corp status (you can), but whether the tax savings justify the additional complexity and costs. With $160k profit, you're looking at potential self-employment tax savings of around $12,000 annually (15.3% on the distribution portion), which could easily justify the extra accounting and payroll costs. I'd recommend documenting comparable salaries from sites like Glassdoor, PayScale, and your local MLS agent income reports. Keep records of your experience level, specializations (luxury homes, commercial, etc.), and any additional services you provide. The IRS wants to see that your salary reflects what you'd pay an independent contractor to do the same work. Don't let fear of scrutiny keep you from legitimate tax savings. Just make sure your salary is genuinely reasonable - not artificially low to maximize distributions.
honest question- has anyone here ever actually been audited over crypto? i have like 150+ trades and im not doing all that work just to report a $12 loss lol
I haven't been audited specifically for crypto, but my friend got flagged because he reported large crypto gains one year and then nothing the next, despite the exchange sending 1099s to the IRS. They questioned why he wasn't reporting any activity. Ended up costing him way more in penalties than if he'd just reported everything correctly.
I get the frustration, but definitely report those losses! Even though it's only $4.50, here's why it's worth it: 1) Those losses can offset future crypto gains - if you make money on crypto next year, you can use this year's losses to reduce your tax bill 2) Unreported crypto transactions are one of the IRS's focus areas right now, and they're getting better at tracking this stuff 3) The penalty for not reporting can be way more than the hassle is worth For 30-50 trades, honestly just bite the bullet and use one of the crypto tax tools mentioned here. I had a similar situation last year and it took maybe 20 minutes total with the software vs the days I was dreading doing it manually. The peace of mind is worth way more than the small cost of the software. Plus, establishing good record-keeping habits now will save you massive headaches if you get more into crypto in the future. Trust me on this one!
I actually work at a bank and can give you some insight on this. Most banks have strict policies against accepting third-party endorsed government checks, especially tax refunds, due to federal anti-fraud regulations. Even if your mom signs "pay to the order of" and endorses it to you, the vast majority of banks will reject the deposit - both in-person and through mobile deposit. Your best options are: 1) Have your mom cash it at Walmart for about $8 (much cheaper than check cashing stores), 2) Both of you go to your bank together where she can endorse it in front of a teller - some banks allow supervised third-party deposits but will likely hold the funds, or 3) Help her open a basic checking account or get a prepaid card with direct deposit capability. Whatever you do, don't try to deposit an endorsed government check without her being present - that could trigger fraud alerts and cause problems for both your accounts. The IRS takes tax refund fraud very seriously, so it's better to use one of the legitimate alternatives even if it costs a small fee.
Thanks for the insider perspective from someone who actually works at a bank! This confirms what I was worried about regarding the endorsed check route. I really appreciate you explaining the federal anti-fraud regulations - that helps me understand why banks are so strict about this rather than just thinking they're being difficult. The supervised third-party deposit option sounds like it could work if the other options don't pan out. When you mention that banks "will likely hold the funds," do you have a sense of how long those holds typically last for government checks? Is it usually just a few business days or could it be longer? Also, since you work in banking, do you happen to know if credit unions tend to be more flexible with these types of situations than traditional banks, or do they generally follow the same policies?
Great insights from someone with banking experience! Just to add to this - I've seen some people suggest using mobile deposit apps like Ingo Money that specifically advertise accepting endorsed checks. Do you know if these third-party apps have different rules than traditional banks when it comes to government checks? Or would they likely have the same restrictions about tax refund checks that you mentioned banks having? I'm trying to help my mom explore all legitimate options before we go the Walmart route, though honestly that $8 fee is looking pretty reasonable compared to the potential headaches of other methods.
I've been helping people with tax issues for years, and this is definitely a tricky situation. The bottom line is that IRS refund checks are Treasury checks with special restrictions - you can't just endorse them over to someone else like a regular check. Your mom's safest and cheapest option is probably Walmart. They'll cash government checks up to $5,000 for just $8, and she can even have them load it directly onto a prepaid MoneyCard if she doesn't want to carry cash. Just make sure she brings two forms of ID. If she absolutely needs your help with banking, both of you would need to go to your bank together so she can endorse it in front of a teller. Even then, many banks will put a hold on the funds and some might still refuse government checks that have been third-party endorsed. For next year, I'd strongly recommend helping her set up direct deposit with a prepaid card that has routing/account numbers. Cards like Chime, NetSpend, or even the Walmart MoneyCard work great for tax refunds and will save her this hassle in the future. Don't risk the "pay to the order of" route - it violates Treasury check rules and could cause problems for both of you with your bank and potentially the IRS.
TAS is completely useless now. I've been trying since JANUARY. Called 20+ times. Congressional inquiry. Nothing worked. They keep saying they're "prioritizing hardship cases" but even with my utilities about to be shut off, they wouldn't help. The system is broken.
I feel your frustration - the TAS situation is really difficult right now. One thing that helped me was getting my tax transcript first to understand exactly what was happening with my return. You can request it online at IRS.gov or by calling the automated transcript line at 1-800-908-9946. Having specific details about processing dates and any error codes made my conversations with IRS representatives much more productive. Also, if you haven't already, try calling the general IRS number (1-800-829-1040) early in the morning and ask to speak with someone in the Accounts Management division - they can sometimes resolve issues without needing TAS involvement. The key is being very specific about your situation and having all your documentation ready. Don't give up!
This is really solid advice! I didn't know about the Accounts Management division - that could be a game changer. Quick question though - when you call that early morning number, do you need to have any specific information beyond your SSN and filing details? And did you find the transcript helped you identify what was actually causing the delay? I'm in a similar boat to QuantumQuasar and willing to try anything at this point.
Julian Paolo
I can relate to your concern about receiving unexpected IRS notices! I got a Notice 1402 about 6 months ago and initially panicked thinking I had done something wrong with my tax filing. After researching and speaking with a tax professional, I learned it's actually a routine administrative notice about ITIN expiration rather than an indication of any filing errors. The key thing to check is whether you still need your ITIN - if you've since obtained a Social Security Number, you can simply notify the IRS that you no longer require the ITIN. If you do still need it, the renewal process through Form W-7 is straightforward but does require original documentation or certified copies. Don't stress too much - this is a very common notice that millions of people receive as part of the regular ITIN maintenance cycle.
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Paolo Longo
ā¢This is really reassuring to hear! I'm in a similar situation where I initially panicked when I got the notice, thinking I had made some major error with my filing. It's helpful to know that this is just routine maintenance. Quick question - when you say the renewal process is straightforward, about how long did it take from when you submitted Form W-7 to when you received confirmation? I'm trying to plan ahead since I need to file soon.
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Luca Esposito
I received Notice 1402 about two months ago and had the exact same initial panic! It's completely understandable to be worried when you get any correspondence from the IRS, especially when you've been diligent about your tax compliance. In my case, I discovered that my ITIN with middle digits 78 was set to expire, even though I had been filing regularly. The notice actually serves as an early warning system - much better than finding out during tax season when you're trying to file. I ended up going through the renewal process since I still needed my ITIN for certain investment income reporting. The key is to act promptly rather than letting it sit until the last minute. If you're unsure about your specific situation, you can always call the IRS ITIN hotline at 1-800-908-9982, though as others have mentioned, getting through can take some patience. Don't let this stress you out too much - it's really just administrative housekeeping on their part.
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Dmitry Ivanov
ā¢Thanks for sharing your experience! I'm curious about the timing - you mentioned acting promptly is important. Do you happen to know what the typical deadline is for responding to Notice 1402? I want to make sure I don't accidentally miss any important dates while I'm figuring out whether I still need my ITIN or if I should transition to using my SSN for everything.
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