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Don't forget to check if your state has also assessed late filing penalties! I went through this exact thing last year, got the federal penalty abated through reasonable cause, and then two months later got hit with state penalties for the same late filing. Had to go through the whole process again with the state tax agency.
This is super important! Same thing happened to me but with New York state. They're actually much harder to deal with than the IRS in my experience. The good news is that if you get the federal penalty abated, you can usually use that as evidence for your state appeal.
Just wanted to share that I went through something very similar with my partnership return last year. We had delayed 1099s from a major client who completely messed up their year-end reporting, and I ended up with a $1,800 penalty for filing 6 weeks late. I wrote my own reasonable cause letter and it worked! The key things I included were: 1) A clear timeline showing when we should have received the 1099s vs when we actually got them, 2) Documentation (emails) showing we had requested the forms multiple times, 3) Proof that we filed immediately upon receiving the missing documents, and 4) Our clean compliance history for previous years. I addressed the letter to the correspondence address on the penalty notice, included all our partnership details, and sent it certified mail. It took about 8 weeks, but they fully abated the penalty. The IRS agent I eventually spoke with said that third-party document delays are actually one of the most common and accepted reasonable cause situations. Don't let the CPAs scare you into thinking this is too complicated to handle yourself - if you can clearly explain what happened and provide some basic documentation, you have a really good shot at getting this resolved without paying professional fees that exceed the penalty amount.
This is really encouraging to hear! I'm dealing with almost the exact same situation. One quick question - when you say you provided "documentation (emails)" showing you requested the forms multiple times, did you include the actual email threads or just summarize what happened in your letter? I have several emails with our client asking about the delayed 1099s, but I wasn't sure if including all of them would make my submission too bulky or if the IRS would actually want to see the specifics.
One thing nobody's mentioned - if you're exercising underwater ISOs, make sure to check if your company might offer a re-pricing or exchange program. Some companies will cancel underwater options and reissue at a lower strike price, which might be better than exercising underwater options. Worth asking your HR or stock admin before making any moves.
Great discussion everyone! I've been dealing with a similar underwater ISO situation and wanted to add one more consideration that helped me make my decision. Even though there's no immediate AMT impact for exercising underwater ISOs, you should also factor in your company's 10-year option expiration timeline. In my case, some of my underwater ISOs were granted 7+ years ago and were approaching expiration. Since there's no tax penalty for exercising underwater, I decided to exercise those older grants to at least convert them to actual shares before they expired worthless. This way, if the stock does recover in the next few years, I'll benefit from any appreciation above my strike price. The key insight for me was realizing that letting underwater options expire is a guaranteed loss, but exercising them (even at a loss) at least gives you a chance to recover if the company turns around. Obviously only do this with money you can afford to lose, but it's another angle to consider in your planning.
That's a brilliant point about the expiration timeline! I hadn't considered that angle at all. So essentially you're trading cash (to exercise) for equity upside potential rather than just letting them expire worthless. How did you decide which underwater options to exercise if you had multiple grants at different strike prices? Did you prioritize the ones closest to expiration, or did you look at which strike prices were closest to current market value? I'm in a similar boat with some older grants that are pretty far underwater but approaching their 10-year mark.
I prioritized based on a combination of factors, but expiration timeline was definitely the primary consideration. For grants that were within 12-18 months of expiring, I exercised regardless of how far underwater they were - better to own the shares than let them expire worthless. For grants with more time remaining, I focused on those with strike prices closest to current market value since they had the best chance of recovery. I also considered my overall portfolio diversification - didn't want to put too much cash into company stock even if the tax implications were favorable. One thing that really helped was creating a spreadsheet with all my grants showing strike price, current FMV, expiration date, and potential cash outlay. This let me model different scenarios and see which combinations made the most sense given my risk tolerance and available cash. The visual really helped clarify which grants were worth exercising vs. letting expire.
Don't forget to consider state tax implications too! My exchange was fine for federal purposes but my state (CA) had different rules about how much gain I could defer. Ended up having to pay state tax on part of the exchange that was tax-deferred federally.
This is such a good point. I'm in NJ and had a similar issue with my last exchange. The state wanted to tax more of the gain than the feds did. Made for a complicated tax return that year.
Based on your numbers, here's how your basis calculation should work: Your adjusted basis in the relinquished property was $95,000 ($325,000 - $230,000 depreciation). For the new property basis calculation: - Start with old adjusted basis: $95,000 - Add additional cash invested: $0 (since your net proceeds after boot exactly equaled your purchase price) - Add recognized gain: $410,000 (the cash boot you received) - Subtract boot received: $410,000 This gives you a new basis of approximately $95,000 in your replacement property. The key point is that in a 1031 exchange, you're essentially carrying over your low basis from the old property to the new one. The $410,000 boot you took will be taxed as capital gains, but it doesn't increase your depreciable basis in the new property. So yes, your depreciable basis will be much lower than the $1,025,000 you paid - it will be close to your original adjusted basis of $95,000. This means you'll have less depreciation deductions going forward, but you've already benefited from $230,000 in depreciation on the original property. Make sure to file Form 8824 with your tax return to properly report this exchange!
This breakdown is really helpful, thank you! So if I understand correctly, even though I paid $1,025,000 for the new property, I can only depreciate based on the $95,000 basis? That seems like a huge difference in annual depreciation deductions compared to if I had just sold the old property and bought new without doing a 1031 exchange. Is there any way to step up the basis, or is this just the trade-off for deferring the capital gains tax on the exchange?
I'm sorry to hear about your father's medical situation. This is definitely a complex scenario given the international aspect and his residency status. One important consideration that hasn't been fully addressed is whether your father would qualify as a "qualifying relative" for tax purposes. Since he was deported and hasn't been a US resident for about 20 years, this could impact both the medical expense deduction and the penalty exemption for the 401k withdrawal. For the qualifying relative test, the IRS requires that the person either be a US citizen, resident alien, or resident of Canada or Mexico. Since your father is in Mexico, he might still qualify under the Mexico provision, but you'd need to verify he meets all the other requirements (relationship test, gross income test, support test). Also, keep in mind that even if you qualify for the medical expense exception to avoid the 10% penalty, you'll still owe regular income tax on the entire withdrawal amount. And the medical expense deduction only helps if you itemize and your total medical expenses exceed 7.5% of your AGI. Given the complexity, I'd strongly recommend consulting with a tax professional who has experience with international medical expenses and retirement withdrawals. The potential tax savings from proper planning could easily offset the consultation cost. Document everything meticulously - hospital records, payment receipts, currency conversion rates, and any correspondence about your father's care. You'll want a clear paper trail if the IRS has questions later.
This is really helpful advice, especially about the qualifying relative test for someone in Mexico. I didn't realize there might be a specific provision for Mexican residents. One thing I'm wondering about - you mentioned documenting currency conversion rates. How exactly does that work when you're paying medical bills in pesos? Do you use the exchange rate from the day you made each payment, or is there a standard rate the IRS expects you to use? Also, for the support test portion of qualifying relative, would the medical expenses I'm paying count toward providing more than half of his support, or do they look at his total living expenses throughout the year? The complexity of this is making me think a tax professional consultation might be worth it, but I'm trying to understand the basics first so I know what questions to ask.
Great questions! For currency conversion, the IRS generally expects you to use the exchange rate that was in effect on the date you made each payment. You can use rates from sources like xe.com, oanda.com, or the Federal Reserve's foreign exchange rates. Keep records of which rate you used and the source - screenshot the exchange rate page if possible. For the support test, medical expenses you pay absolutely count toward the support calculation. The IRS looks at the total support provided during the tax year, including medical care, food, housing, clothing, etc. If the medical bills you're covering represent more than half of his total support for the year, that would help satisfy the support test requirement. A practical tip: create a simple spreadsheet tracking all payments with dates, amounts in both currencies, exchange rates used, and what each payment covered. This will make everything much cleaner if you need to present it later. You're smart to understand the basics first - it'll make your consultation much more productive and cost-effective. The tax professional can then focus on the nuances of your specific situation rather than explaining fundamentals.
I'm so sorry you're going through this difficult situation with your father. Having dealt with something similar when my aunt was hospitalized in Canada, I understand how overwhelming the financial and tax implications can be on top of the medical stress. One thing that might help is understanding the timeline requirements for hardship withdrawals. The IRS typically requires that the withdrawal be made in the same year as the medical expenses, or within a reasonable time after they're incurred. Since your father is currently hospitalized, this timing should work in your favor. Also, make sure to check if your 401k plan even allows hardship withdrawals - not all plans do, and each plan has its own specific rules about what documentation they require. Some plans have stricter requirements than what the IRS mandates. A few practical tips from my experience: - Keep detailed records of all payments, including any money transfers to Mexico - Get itemized bills from the hospital showing specific services and dates - Document the relationship between you and your father (birth certificate, etc.) - Save records of any insurance claims that were denied or not covered The loan option mentioned by others is definitely worth exploring first, as it avoids the immediate tax consequences entirely. Even if you end up needing to do a withdrawal later, having that loan option gives you more flexibility. Hang in there - the tax stuff is complicated but manageable with proper documentation and possibly professional help.
Summer Green
Just be careful about taking distributions without paying yourself a reasonable salary first. The IRS really scrutinizes this with S Corps since it's a common area of abuse. If they determine your salary is unreasonably low, they can reclassify all those distributions as salary retroactively and hit you with back taxes and penalties.
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Gael Robinson
โขExactly right. I learned this the hard way. My friend had an S Corp for his consulting business and tried to pay himself just $30k salary while taking $100k in distributions. Got audited and the IRS reclassified most of his distributions as wages, resulting in about $15k in back taxes, penalties and interest. Not worth the risk!
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Zara Rashid
I was in a very similar situation when I started my consulting practice! One thing that really helped me was understanding that the "reasonable salary" doesn't have to be perfect from day one - you can adjust it as you learn more about your business. Since you're already bringing in consistent $8k/month from consulting, I'd suggest starting with around $4,500-5,000 monthly salary (which aligns with what others have suggested) and then taking distributions for the remainder as needed for your living expenses. The key is being able to justify your salary if questioned. Document comparable salaries for consultants in your field and location - sites like Glassdoor, PayScale, or even job postings can help establish what someone with your skills would earn as an employee. Also, don't let the money just sit there stressing you out! You can absolutely start paying yourself through a payroll service like Gusto while you wait for your CPA to have more availability. Just keep good records and be prepared to adjust if they recommend something different later.
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CosmicCrusader
โขThis is really solid advice! I'm also just starting out with consulting and the documentation piece is something I hadn't thought about. Do you recommend keeping a formal file with all the salary research, or is it enough to just bookmark some job postings and salary surveys? Also, how often should someone review and potentially adjust their S Corp salary - quarterly, annually, or only if business income changes significantly?
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