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WARNING: Be careful about reasonable cause. My husband tried this last year for his consulting business and it got REJECTED. He had to file as a sole prop for half the year and then as an S-corp, which meant TWO different tax returns and a ton of accounting headaches. The IRS is getting stricter about these late elections. Make sure your reasonable cause is actually reasonable and not just "I didn't know about it." We learned the hard way that "I was busy with client work" isn't good enough. If you're serious about making this work, talk to an actual tax pro who specializes in business formation, not just random internet advice.
I went through this exact situation 2 years ago as a freelance web developer. Here's what I wish someone had told me upfront: The timing is crucial, but you have more flexibility than you might think. You can form your LLC in August and still get S-corp treatment for your entire 2023 income, BUT you need to act fast once the LLC is formed. My recommendation: Form the LLC immediately in August, get your EIN the same day (you can do this online), then file Form 2553 within 2-3 weeks. Even if you're technically "late" by a few days, a simple reasonable cause statement explaining you're a first-time business owner unfamiliar with the election deadlines will likely be accepted. The key advantage is that once approved, you'll file a single 1120-S for the entire year instead of splitting between Schedule C and S-corp returns. This saves you significant accounting complexity and costs. One important note: Make sure you have reasonable justification for the salary vs. distribution split once you're an S-corp. The IRS expects you to pay yourself a "reasonable" salary for the work you do, with the remaining profits taken as distributions (which aren't subject to self-employment tax). Don't overthink this - thousands of freelancers make this transition successfully every year. Just don't wait until December to start the process!
This is really helpful advice! I'm also a freelancer (marketing consultant) and have been putting off the LLC formation because the timing seemed so complicated. Your point about acting fast once the LLC is formed makes total sense. Quick question - when you say "get your EIN the same day," do you mean online through the IRS website directly? I've seen some services that charge fees for EIN applications, but it sounds like you did it yourself for free? Also, did you run into any issues with quarterly estimated taxes during the transition year, or does the S-corp election smooth that out too?
Ask the preparer to give you an itemized breakdown of which specific tax credits they're claiming for you. Any legitimate tax professional should be able to clearly explain exactly which credits you qualify for based on your situation and documentation. If they give vague answers or refuse to explain, that's a huge red flag. Also, get a copy of your full tax return before you pay them or agree to anything!
This! And make sure they sign the return as the preparer with their PTIN (Preparer Tax Identification Number). If they won't put their name on your return, they're probably doing something illegal.
Good call on going with your aunt instead! As someone who's been through tax season nightmares, that $5k fee was definitely a red flag. Legitimate tax preparers typically charge based on complexity, not as a percentage of your refund. For a return with W-2 and 1099 income, you'd normally expect to pay somewhere in the $200-800 range depending on complexity. The fact that she could magically make $8-9k of your refund "disappear" by removing certain credits suggests she was likely planning to claim things you don't actually qualify for. When preparers talk about getting massive refunds that others "miss," they're often referring to fraudulent claims that can land you in serious trouble with the IRS later. Your aunt, working for an established tax prep company, will follow proper procedures and only claim legitimate credits and deductions. You made the smart choice - better to get an honest, accurate return than risk an audit and penalties down the road!
just make sure u keep checking ur mail. i verified my identity online in May and thought i was good to go, but then they mailed me ANOTHER form to fill out two weeks later. the IRS is notorious for not communicating between departments.
I went through identity verification last month and it took exactly 6 weeks to get my refund, so definitely faster than the 9 weeks they quoted. The Where's My Refund tool updated after about 3 weeks showing "still processing" and then suddenly switched to "refund approved" one day. Definitely get that IP PIN - it's super easy to set up and gives you peace of mind. I wish I had done it years ago. The whole verification process is stressful enough without worrying about someone else filing under your SSN. One thing I learned is that the 9 weeks is their worst-case scenario timeframe. Most people seem to get their refunds within 4-6 weeks if there are no other issues with their return. Just be patient and don't stress too much about calling - the confirmation screen you got means everything went through properly.
This is really reassuring to hear! 6 weeks sounds much more reasonable than 9. I'm definitely going to set up the IP PIN today - seems like everyone who has it recommends it. Thanks for sharing your timeline, it helps to hear from someone who actually went through this recently. Did you notice any specific updates in Where's My Refund before it switched to approved, or did it just change suddenly?
Columbus TAC has limited walk-ins. Tuesdays best. Arrive by 8AM. Bring two forms of ID. Have all documents organized. Expect 3+ hour wait even if accepted. No guarantee you'll be seen. Better to call for appointment. No cell phones allowed inside. No food or drinks. Parking is $10 nearby. Security is strict about what you can bring in.
I had a very similar dependent verification issue last month and ended up going to the Columbus TAC as a walk-in. Here's what worked for me: I arrived at 7:45 AM on a Wednesday (before they officially opened) and was about 8th in line. They have a paper sign-in system now that starts around 8:15 AM. The triage staff member was actually quite helpful - she reviewed my documentation and determined my case could be handled that day. Total time was about 4 hours from arrival to resolution, but they completely sorted out my dependent verification and even helped me understand why the online system had rejected my documentation. Pro tip: bring snacks and a phone charger if you go this route, and make sure you have certified copies of birth certificates, not just regular photocopies. The staff really know their stuff once you get past the access barriers.
This is exactly the kind of detailed experience I was hoping to hear about! Thank you so much for sharing. Four hours is definitely a commitment, but it sounds like they were thorough in helping you resolve everything. I'm curious - when you mention certified copies of birth certificates, did you get those from the vital records office, or were there other acceptable alternatives? I have photocopies but want to make sure I'm not turned away for documentation issues after waiting that long.
LilMama23
Just wanted to add another perspective on installment sales since Malik brought it up - they can be incredibly effective for business sales, but there are some important considerations to keep in mind. Most business assets can qualify for installment sale treatment, but there's a key exception: inventory and depreciation recapture on personal property (like your laundry equipment) generally cannot use installment treatment. This means the depreciation recapture portion would still hit you in year one, even with an installment sale structure. However, the portion of your sale allocated to goodwill, customer relationships, and other intangible assets CAN qualify for installment treatment. So you'd still get some benefit from spreading those gains over multiple years. The buyer would need to agree to seller financing for a true installment sale. Alternatively, if they want to pay cash upfront, you could potentially structure it as a sale to a buyer who then immediately sells to the actual purchaser with seller financing - though this gets complicated and you'd definitely need legal and tax counsel. Another option to consider is a charitable remainder trust if you're charitably inclined. You can transfer the business to the trust, get a partial tax deduction, receive income for life, and potentially reduce the overall tax bite significantly. Not right for everyone, but worth exploring given the size of your transaction.
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Ethan Wilson
ā¢This is really helpful clarification about installment sales! I didn't realize that depreciation recapture on equipment can't be deferred - that's a crucial detail that could have caught me off guard. So even with an installment sale, I'd still need to plan for paying the depreciation recapture taxes in year one. The charitable remainder trust option is intriguing, though I'm not sure how much I want to complicate things at this stage of my life. But it's good to know there are multiple strategies available beyond just a straight sale. Given all these complexities, it sounds like I really need to sit down with a specialist before I get too far into negotiations. The tax planning opportunities seem significant enough that getting expert help upfront could save me much more than the cost of the consultation. Thanks for breaking down these different approaches - it's given me a lot to think about!
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Madison King
This is such a great discussion! As someone who recently went through a similar business sale, I wanted to add one more consideration that hasn't been mentioned yet. Make sure you understand the difference between asset sales vs. stock sales, as this can significantly impact your tax treatment. Most small business sales (especially laundromats) are structured as asset sales, which is what everyone has been discussing here with the depreciation recapture. However, if your business is incorporated and you can structure it as a stock sale instead, you might get more favorable capital gains treatment on the entire transaction. The downside is that buyers often prefer asset sales because they can "step up" the basis of assets for their own depreciation purposes. Also, don't forget about state tax implications! Some states have no capital gains tax, while others tax capital gains as ordinary income. Depending on where you're located, this could be another significant factor in your planning. Given the complexity everyone has outlined here - depreciation recapture, asset allocation, installment sales, appraisals - I'd strongly recommend getting multiple opinions from tax professionals who specialize in business sales. The potential savings from proper planning on a $300k transaction could easily justify the cost of expert advice. Best of luck with your sale and retirement! 25 years running a business is quite an accomplishment.
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Chris Elmeda
ā¢Thank you for bringing up the asset vs. stock sale distinction! That's a really important point that could make a huge difference in the overall tax outcome. I'm pretty sure my laundromat is set up as a sole proprietorship (I've been filing Schedule C for years), so I think I'm locked into an asset sale structure. But it's definitely worth confirming with my accountant whether there are any options to restructure before the sale. The state tax angle is something I hadn't considered at all - that could be another significant factor depending on my location. It's becoming clear that there are way more variables in play than I initially realized. You're absolutely right about getting multiple opinions from specialists. Given all the strategies mentioned in this thread (professional appraisals, installment sales, asset allocation planning, etc.), the potential tax savings could be enormous. Even if specialist consultations cost a few thousand dollars, that could easily pay for itself many times over on a transaction this size. Thanks to everyone who contributed to this discussion - you've given me a much better understanding of what I need to focus on as I move forward with the sale. This community has been incredibly helpful!
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