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Ask the community...

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  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Jace Caspullo

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Another option worth considering is filing Form 8832 first to elect to be taxed as a C Corporation, then immediately filing Form 2553 for S Corp status. Sometimes this two-step approach can work outside the normal S Corp election deadline. Talk to your accountant about this strategy - it's worked for some clients at our firm.

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Libby Hassan

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That's interesting! I never heard of that approach. Is that completely legitimate with the IRS? And would there be any downsides to doing it this way versus the relief procedure mentioned above?

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Jace Caspullo

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It's a legitimate strategy that works in certain situations, but it doesn't bypass all timing rules. The Form 8832 election to be treated as a C Corporation can be made at any time and can be effective up to 75 days prior to the filing date or up to 12 months after the filing date. The potential downside is that you'll need to meet the S Corporation election deadlines that apply to newly formed corporations (generally within 2 months and 15 days after the effective date of the C Corporation election). You also need to ensure you don't inadvertently create a short C Corporation tax period that could have tax consequences. Definitely consult with your tax professional before attempting this route to make sure it applies to your specific situation.

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Melody Miles

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Don't forget that even if you successfully convert to an S Corp, you need to run payroll and pay yourself a "reasonable salary" before taking any distributions. Many people miss this and end up with IRS problems. My brother tried taking mostly distributions with a tiny salary and got hit with penalties for avoiding payroll taxes.

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What's considered "reasonable" though? My accountant said 60% salary/40% distributions but my business partner's accountant said we could do 40% salary/60% distributions. There's no clear rule!

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Emma Davis

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The IRS doesn't give a specific percentage, but they look at what you'd pay a non-owner employee to do the same work. Factors include your role in the company, hours worked, qualifications, and what similar positions pay in your area. Generally, if you're actively involved in the business, your salary should reflect market rates for your position. The key is being able to justify it as reasonable compensation - too low and you risk audit scrutiny, but you don't need to pay yourself more than market rate either. Document your reasoning and keep comparable salary data to support your decision.

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Yuki Tanaka

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Just went thru this! That taxr.ai tool someone mentioned above is actually legit - told me exactly when my 420 would clear and it was spot on. Way better than waiting on hold with IRS for hours

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how long did yours end up taking to resolve?

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Yuki Tanaka

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about 75 days total but the AI told me that from the start based on my transcript codes

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Emma Bianchi

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Code 420 can be frustrating but hang in there! I'd recommend calling the Practitioner Priority Service line if you have a tax pro helping you, or try calling early morning (7-8am) for shorter wait times. Also keep checking your transcript weekly - sometimes the codes update before you get any mail. The fact that you only had W2 and child tax credit makes it likely just a routine verification that should clear up relatively quickly.

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Mei Chen

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Thanks for the tip about calling early morning! I've been dreading calling the IRS but 7-8am sounds way better than the horror stories I've heard about being on hold all day. Definitely going to try that this week and start checking my transcript more regularly too.

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I'm still confused about this. Can I claim exempt just for December when I'm working all that overtime, then switch it back in January? Or is exempt an all-year thing?

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You're misunderstanding how the exempt status works. Claiming "exempt" isn't something you do just for high-income periods. It's a declaration that you expect to have ZERO tax liability for the ENTIRE tax year. If you expect to owe any federal income tax for the year as a whole, you cannot legally claim exempt for any part of the year, even for just one pay period. The IRS looks at your tax situation annually, not month by month.

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Ellie Lopez

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I see a lot of confusion here about withholding vs. exemptions. Let me try to clear this up from a practical standpoint. The "exempt" checkbox on your W-4 is NOT a tool for managing cash flow during busy seasons. It's a very specific declaration that you expect ZERO federal tax liability for the entire year. This typically only applies to people earning very little (below the standard deduction threshold). If you're working overtime during the holidays and expect to owe taxes for the year, here are your legitimate options: 1. Adjust your withholding allowances on your W-4 to have less tax taken out (but still some) 2. Use the IRS withholding calculator or tools like those mentioned above to find the right balance 3. Accept that you'll get a larger refund when you file, but have less take-home pay now The key is being honest about your expected annual income. If you'll owe taxes for the year, claiming exempt is tax fraud, even if it's just for December. The IRS doesn't care that you need more cash for the holidays - they care about accurate withholding based on your actual tax situation. Better to adjust your withholding legally than risk penalties and a massive tax bill later.

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Klaus Schmidt

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FreeTaxUSA actually handles these retirement plan situations really well. I've had a similar setup with multiple retirement accounts including a non-qualified supplemental plan for years. One thing to watch for - make sure when entering your W2, you click the "additional information" section to enter Box 11 data. Some tax software hides the less common boxes and if you don't specifically look for them, you might miss entering that information. Also, if you're concerned about FICA taxes, remember that contributions to qualified plans like 401k reduce your FICA wages, but contributions to non-qualified plans (probably your supplemental retirement plan) do not reduce FICA wages. That's just how the tax code works.

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Aisha Patel

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Do you know if TurboTax handles this the same way? I've got a similar situation but I've always used TurboTax and don't want to switch software mid-tax season. Also, is there any way to check if my employer calculated the FICA taxes correctly?

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Klaus Schmidt

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Yes, TurboTax handles this similarly - you'll just need to make sure you expand all the W2 entry fields to include Box 11. They sometimes hide the less common boxes under an "advanced" or "show more" section. To check if your employer calculated FICA taxes correctly, look at your last paystub of the year and verify the total Social Security tax is 6.2% of your earnings up to the wage base limit ($168,600 for 2025) and Medicare is 1.45% of all earnings (plus an additional 0.9% on earnings over $200,000). If your Supplemental Retirement Plan is non-qualified, contributions should not have reduced your FICA taxable wages. If something seems off, your HR or payroll department should be able to provide a detailed breakdown.

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I went through something very similar last year with my university benefits package! The key thing to understand is that Box 11 and Box 2 serve completely different purposes - comparing them directly doesn't really make sense. Box 11 shows distributions from your Supplemental Retirement Plan (which is likely a non-qualified deferred compensation plan), while Box 2 is just the federal income tax that was withheld from your paychecks throughout the year. The Box 11 amount represents actual money you received from the plan, which is why it can be much larger than your tax withholding. For FICA taxes, here's what matters: your regular 401k contributions reduce your FICA taxable wages, but your Supplemental Retirement Plan contributions typically don't. This is because non-qualified plans are subject to FICA taxes when you earn the money, not when you receive distributions later. When entering everything in FreeTaxUSA, make sure you input all the boxes from your W2 accurately - the software is designed to handle these multiple retirement plan scenarios correctly. The Box 11 amount should already be reflected in your Box 1 wages, so you won't be double-taxed on it. Your situation sounds completely normal for someone with multiple retirement benefits through a university!

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Madison Tipne

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This is really helpful! I'm new to understanding retirement benefits and had no idea there was such a difference between qualified and non-qualified plans. So just to make sure I understand - when I contribute to my regular 401k, it reduces both my income tax AND my FICA taxes for that year. But when I contribute to the Supplemental Retirement Plan, I still pay FICA taxes on that money right away, even though I might not receive the distribution until later? Also, does this mean that when I eventually do receive distributions from my Supplemental plan (like what's showing in Box 11), I won't owe FICA taxes on those distributions since I already paid them when I earned the money originally?

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One thing to consider is that the situation might get more complicated if your royalty income continues to grow. Once you start getting into larger amounts ($10k+), some US companies get more strict about tax compliance. I'm a composer in Brazil and my initial small royalty payments were handled exactly like yours - no withholding, no forms. But when I had a track used in a popular show and my payments jumped to $12k, suddenly the distribution company got very concerned about proper documentation! They retroactively requested W8-BENs and threatened to withhold 30% from future payments until I complied.

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Ethan Davis

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Same thing happened to me! My game music suddenly took off and the US company panicked about tax forms they should have been collecting all along. Did you end up having to file US returns for those previous years?

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Javier Torres

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This is actually a really important point about being proactive before your income grows. I'm a songwriter in the UK dealing with something similar - started small with streaming royalties but now getting sync placements that are pushing my US income much higher. What I learned is that even though the treaty protects you from owing tax, you still want to establish proper documentation early. I sent W8-BEN forms to all my US distributors even when they hadn't asked, and kept certified mail receipts as proof. When my income jumped last year and they suddenly got worried about compliance, I already had everything in place. The key is not waiting for them to figure out their obligations - take control of your own documentation. It's much easier to send the forms now when the amounts are smaller and there's no pressure, rather than scrambling when they panic over larger payments and threaten to start withholding at 30%.

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