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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?
The IRS does not require individuals to file a zero return if your income is under the standard deduction. But as a tax preparer I often recommend filing anyway for 3 key reasons: 1) statute of limitations starts running when you file (protecting you from future audits), 2) establishes income history for loans/benefits, and 3) prevents the IRS from creating a substitute return for you (which never works in your favor).
That's really interesting about the substitute return thing - I had no idea the IRS would just create a return for you! Does that happen often? And what do you mean about the statute of limitations?
Substitute returns typically happen when the IRS receives income documents (like W-2s or 1099s) for you but you haven't filed. They're rare for people with truly zero income but can happen if there's any reported income they know about. The problem is the IRS only includes income, not deductions or credits you're entitled to, so you almost always end up with a higher tax bill. Regarding the statute of limitations, the IRS generally has 3 years from the date you file to audit your return. If you never file, there's no statute of limitations, meaning they could theoretically come back 10+ years later with questions. Filing starts that 3-year clock, even for a zero return, giving you protection and closure for that tax year.
Based on what you've described about your mom's situation, she's likely not legally required to file a federal return since she had no income and the art business resulted in a net loss rather than profit. However, I'd strongly recommend she file anyway for several important reasons. First, that $2,400 business loss could be valuable for future tax years. Business losses can be carried forward to offset income when she does start earning again, potentially saving her money down the road. But she needs to file this year to establish and document those losses. Second, filing creates a paper trail that can be helpful later for things like loan applications, benefit eligibility, or even just proving her income status for various programs. Many people don't realize how often you need to show tax returns as proof of income (or lack thereof). At 58 and single, she's definitely not required to file with zero income, but the potential benefits of filing likely outweigh the minimal effort involved. You might also want to check if she qualifies for any refundable credits - sometimes people with little to no income can still get credits that result in refunds. The good news is that a zero-income return is typically very straightforward to file, and many free filing options are available for her income level.
This is such helpful advice! I really appreciate you breaking down the business loss carryforward thing - I had no idea that was even possible. The part about creating a paper trail makes total sense too, especially after reading about other people's experiences with loans and stuff. One quick follow-up question: when you mention "free filing options for her income level," do you know what the income threshold is for those programs? And would the art business expenses complicate things even if she uses free filing software? I'm just trying to figure out if this is something we can handle ourselves or if we need to find a tax preparer. Thanks again for such a thorough explanation!
Fatima Al-Farsi
Be careful about what information you share when you do get through. Last year I reached an agent who asked me for information I wasn't comfortable sharing over the phone. Turned out it was legitimate, but always verify you're actually speaking with the IRS before providing sensitive details. They will never ask for full bank account numbers or passwords.
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TommyKapitz
I've had success using the callback feature! If you call 1-800-829-1040 and get put on hold, listen carefully - sometimes they offer a callback option where you can hang up and they'll call you back when it's your turn. I used this last month and got a call back in about 90 minutes instead of sitting on hold. Just make sure you're near your phone when they call back because they only try once. Also, double-check that your phone isn't blocking unknown numbers or the callback might not come through.
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