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Make sure you get things in writing from that sleazy preparer if possible! I went through something similar and the texts where my preparer admitted to "being creative" with my deductions were crucial evidence that I wasn't trying to commit fraud. Also, don't forget to check your state tax situation! If your federal returns were messed with, chances are your state returns have issues too. My federal audit triggered a state audit automatically, and I wasn't prepared for that.
That's a really good point about the state taxes that I hadn't even thought about. We're in California, which I'm guessing will definitely follow up once the federal audit is complete. I'm going to start gathering our state returns too. I did save all the emails where he suggested we lie to the IRS, and I have the records showing he tried to divert our refund to his account. Hopefully that helps show we were victims rather than accomplices in this.
California will absolutely follow up - they're actually more aggressive than the IRS in many cases. Having those emails ready for both federal and state authorities will be incredibly helpful. One more thing I forgot to mention - if your preparer was licensed (CPA, EA, etc.), report them to their professional board as well, not just the IRS. My preparer had his license suspended after I reported him to the state board of accountancy, which helped prevent him from doing this to others.
I'm so sorry you're going through this - it's incredibly frustrating when someone you trusted puts you in this position. The good news is that you're taking all the right steps, and the IRS does understand the difference between taxpayers who were deceived versus those who intentionally committed fraud. A few additional thoughts based on what others have shared: 1. Document everything with timestamps - not just emails, but also phone calls (write down dates, times, what was discussed). This creates a clear timeline showing your good faith efforts. 2. Consider requesting a copy of your preparer's PTIN (Preparer Tax Identification Number) history from the IRS to see if there were any prior complaints against him. This could strengthen your case that you weren't aware of his practices. 3. When you meet with the auditor, bring a written statement outlining exactly what happened, including how you discovered the fraud and what steps you've taken to correct it. Being organized and proactive will work in your favor. The fact that you refused his suggestion to lie to the IRS and that you're voluntarily correcting the other years shows clear intent to comply. Criminal prosecution is extremely rare for cases like yours where taxpayers were victims of preparer fraud and are cooperating fully. You're doing everything right - stay the course and keep documenting everything!
I've been following this thread closely since I'm in a similar situation with about $145k in 1099 income this year. The consensus seems clear that retroactive S Corp election isn't possible, but I wanted to add a few practical considerations I've discovered while researching this. First, if you do decide to form the LLC in December, make sure you understand your state's publication requirements. Some states like New York require you to publish a notice in local newspapers, which can cost $1,000+ and take several weeks. This could delay your ability to get everything set up cleanly. Second, I've been talking to several CPAs about the "reasonable salary" issue that keeps coming up. The general rule of thumb I'm hearing is 60-70% of your net profit should be salary, with the rest as distributions. But this varies significantly based on your industry and role. For consulting/contracting work like ours, they're suggesting looking at comparable W-2 salaries for similar roles in your area. Third, don't forget about state-level considerations. Some states don't recognize S Corp elections or have additional franchise taxes that can eat into your federal savings. Has anyone here dealt with multi-state issues? I have clients in 3 different states and I'm worried about creating nexus issues with an LLC that I don't have as a sole proprietor.
Great point about the multi-state nexus issues! I actually ran into this exact problem when I formed my LLC. Having an entity can definitely create nexus in states where you might not have had it as a sole proprietor, especially if you're performing services there regularly. I ended up having to register my LLC as a foreign entity in two additional states and now file returns in all three states. The filing fees and extra tax prep costs added about $800 per year to my expenses, which I hadn't budgeted for initially. One thing that helped was consulting with a tax attorney who specializes in multi-state issues before making the switch. They were able to review my client contracts and work locations to determine exactly which states I'd need to worry about. Definitely worth the consultation fee to avoid surprises later. Also, some states have de minimis thresholds where you don't need to file if your activity is below a certain level, so it might not be as bad as you think depending on how much work you do in each state.
I'm dealing with a very similar situation and want to thank everyone for the detailed responses here. I'm at about $128k in 1099 income this year and was also hoping I could somehow make an S Corp election work retroactively. One additional consideration I haven't seen mentioned - if you're planning to make this transition, start thinking about your 2026 estimated tax payments now. When you switch from sole proprietor to S Corp, your quarterly payment calculations become more complex since you'll have both payroll taxes and potential distributions to account for. I spoke with my accountant yesterday and she mentioned that many people underestimate their Q1 2026 payments because they forget that the "reasonable salary" portion will have payroll taxes withheld throughout the year, but any distributions taken early in the year won't have taxes withheld. This can create a cash crunch at tax time if you're not careful. Also, for those asking about the actual savings - I ran the numbers with my CPA and at my income level, we're looking at roughly $6,800 in annual self-employment tax savings after accounting for payroll processing costs and additional filing fees. That's definitely worth the extra administrative burden for me. The liability protection alone makes forming the LLC worthwhile even without the immediate tax benefits. Better to get everything set up properly now rather than rushing through it in January when everyone else is trying to do the same thing.
This is really helpful perspective on the quarterly payment complexity! I hadn't thought about how the payroll withholding vs. distribution timing could create cash flow issues. Do you mind sharing what payroll service your accountant recommended? I'm trying to figure out if it's worth going with something like Gusto or ADP, or if there are simpler options for a single-member LLC with S Corp election. The monthly fees seem to range from like $40-150/month and I'm not sure what features I actually need. Also curious about your liability insurance situation - are you planning to increase your coverage once you form the LLC, or does the entity protection make that less necessary? I currently have a pretty basic professional liability policy but wondering if I should beef it up during this transition.
I'm actually dealing with a similar situation right now! Just wanted to add that if you do decide to go ahead with the second job, make sure to keep really good records of all your expenses related to it - things like gas for commuting, work clothes if the retail job requires specific uniforms, etc. These can sometimes be deductible and help offset some of the additional tax burden. Also, since you mentioned credit card debt from your wedding, you might want to look into whether any of the interest is deductible (probably not for personal credit cards, but worth checking). The extra income from the second job could also help you qualify for better debt consolidation rates if that's something you're considering. One last thing - retail jobs during tax season (which you'd be starting soon) can sometimes lead to opportunities to learn about tax prep services, which could be another potential income stream down the road if you find you're good with numbers. Just a thought! Good luck with whatever you decide.
Great advice about keeping records! I hadn't thought about the work clothes deduction possibility. Just a heads up though - for tax year 2025, most employee business expenses (including commuting costs and uniforms) aren't deductible for regular employees due to the Tax Cuts and Jobs Act changes. The only exception would be if you're in certain professions like armed forces reservists or fee-basis government officials. The debt consolidation angle is definitely worth exploring though! Having that steady second income documented could really help with qualifying for better rates. And you're absolutely right about the tax prep opportunity - retail jobs at places like H&R Block or seasonal tax offices often provide free training and can turn into a nice side hustle during tax season.
One thing I haven't seen mentioned yet is the timing aspect of starting your second job. Since we're already into 2025, you'll want to be extra careful about your withholding calculations because you'll have fewer pay periods to spread the additional tax burden across. I'd strongly recommend using the IRS Tax Withholding Estimator (irs.gov/W4App) rather than just the paper worksheet, since it can account for the partial year of second job income. When you input your information, make sure to include what you've already earned and had withheld so far this year from your main job. Also, consider this: at $58k + potential $12k from the retail job, you're looking at about $70k total income. That keeps you comfortably in the 22% bracket for 2025 (which doesn't kick in until around $47k for single filers). The real benefit is that extra $1000/month could knock out your credit card debt much faster, saving you tons in interest charges that far outweigh any additional tax burden. One practical tip: ask your retail employer about their payroll schedule. If they pay weekly while your main job pays bi-weekly, it might actually help smooth out your cash flow for debt payments!
This is really solid advice about the timing! I hadn't considered how starting mid-year would affect the withholding calculations. That weekly vs bi-weekly payroll schedule tip is brilliant too - it could definitely help with managing cash flow for debt payments. Quick question about the IRS Tax Withholding Estimator - when I enter my year-to-date earnings and withholding from my main job, should I also estimate what those numbers will be by the end of the year, or just use current amounts and let it calculate from there? I want to make sure I'm giving it the right information to get accurate withholding recommendations. Also, you mentioned staying in the 22% bracket - is that marginal rate what I should expect to pay on the additional $12k from the retail job, or would some of it be taxed at the lower rates first?
Anyone else notice TurboTax keeps pushing their "live expert" add-on now? I tried it last year and it was... meh. The "expert" seemed to just be reading from the same help screens I could access myself.
I made the jump from TurboTax to a CPA when my income hit around $160k, and honestly wish I'd done it sooner. The biggest eye-opener wasn't just finding more deductions, but learning about tax strategies I never even knew existed. My CPA showed me how to optimize my 401k contributions, set up a backdoor Roth IRA (which TurboTax never suggested), and restructure some investments to be more tax-efficient. The first year alone, these strategies saved me more than double what I paid in CPA fees. At your income level, you're probably hitting some phase-out thresholds for certain deductions and credits that TurboTax might not explain clearly. A good tax pro can walk you through these and help you plan ahead for next year too. Even if you decide to go back to software later, having a professional review your situation once during this big income change could be really valuable.
This is really helpful insight! I'm curious about the backdoor Roth IRA you mentioned - is that something that becomes more beneficial at higher income levels? I've heard the term but never really understood when it makes sense to pursue that strategy versus just maxing out a traditional 401k. Also, when you say "phase-out thresholds," are there specific income ranges where certain tax benefits start disappearing? I want to make sure I'm not missing anything important as our income continues to grow.
PrinceJoe
5 Did your brother get a mortgage to buy you out or did he pay cash? Just wondering because when I went through this with my family, my sister needed a mortgage and the bank required a formal appraisal, which then really helped with documenting the stepped-up basis for tax purposes.
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PrinceJoe
ā¢14 Not OP but when we had a similar situation, getting that bank appraisal was super helpful for our taxes. The IRS never questioned anything because we had the official appraisal document. If your brother didn't get a mortgage, it might be worth splitting the cost of a formal appraisal between all siblings just for documentation.
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Paolo Conti
I'm dealing with a very similar situation right now - inherited my mom's house with my siblings and had to figure out the tax implications when we sold it. The stepped-up basis rule that others mentioned is absolutely correct and will likely save you from owing much (if any) tax on this. One thing I'd add is to keep really good records of everything - the informal appraisal, any expenses related to the sale or transfer, and documentation of when your father passed away. Even if your brother's real estate agent friend just gave a verbal estimate, try to get that in writing if possible. Also, don't forget that you might be able to deduct certain expenses from the sale that could reduce any potential gain even further - things like legal fees, transfer taxes, or other costs associated with the property transfer between siblings. These can add up and further reduce your tax liability. The IRS is generally pretty reasonable about inherited property situations as long as you can show you made a good faith effort to determine fair market value at the time of death.
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