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CosmicCowboy

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This thread has been incredibly educational! As someone new to ROBS structures, I'm realizing there are so many compliance layers beyond just the Schedule G reporting. Between the corporate tax reporting (Schedule G), retirement plan compliance (Form 5500), annual appraisals, and ERISA fiduciary requirements, it seems like ROBS clients need ongoing specialized attention. For practitioners like myself who are just starting to encounter these structures, what would you recommend as the best resources to get up to speed on all these requirements? Are there any CPE courses or publications that specifically cover the intersection of corporate tax, retirement plan, and ERISA compliance for ROBS arrangements? Also, when you're taking on a new ROBS client, what's your typical process for ensuring you've identified all the potential compliance obligations upfront? It seems like there could be significant liability if you miss any of these requirements.

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This is such a great question! I'm also relatively new to ROBS structures and have been learning a lot from this thread. For educational resources, I'd recommend starting with the Department of Labor's guidance on ROBS arrangements (they have some helpful FAQs) and the IRS Employee Plans page which covers the tax aspects. The American Society of Pension Professionals & Actuaries (ASPPA) often has webinars and courses that cover ROBS compliance from the retirement plan perspective. For the corporate tax side, I've found that CCH and BNA have some good treatises that cover the Schedule G reporting requirements for these complex ownership structures. When taking on ROBS clients, I think creating a comprehensive checklist is crucial - covering everything from Schedule G reporting to Form 5500 requirements to annual appraisal scheduling. The interconnected nature of corporate, retirement plan, and ERISA compliance makes it easy to miss something important. It might also be worth developing relationships with ERISA attorneys and qualified appraisers who specialize in ROBS structures, since you'll likely need their expertise regularly.

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Elijah Brown

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As someone who's dealt with several ROBS structures over the years, I want to emphasize that proper documentation is absolutely critical for Schedule G compliance. Make sure you have clear documentation showing the chain of ownership from the individuals through the retirement plan to the corporation. I always request copies of the plan documents, trust agreements, and any amendments to verify the beneficial ownership structure. Sometimes the original ROBS setup documents don't clearly establish the individuals' control over the plan, which can create ambiguity for Schedule G reporting purposes. Also, don't forget to consider state law implications - some states have additional reporting requirements for corporations with retirement plan ownership that could affect your federal reporting positions. The intersection of federal tax law, ERISA, and state corporate law in ROBS structures can get quite complex, so thorough documentation upfront saves headaches later.

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This is excellent advice about documentation! I'm just starting to work with ROBS structures and hadn't fully appreciated how important the paper trail is for establishing the beneficial ownership chain. Quick question - when you mention state law implications, are you referring to things like beneficial ownership disclosure requirements at the state level, or are there other state corporate filing obligations that could impact the federal Schedule G reporting? I want to make sure I'm not missing any state-specific requirements that could create compliance issues for my ROBS clients. Also, do you have any recommendations for what to do if the original ROBS setup documents are incomplete or ambiguous about the individuals' control over the plan? Is it possible to amend the plan documents retroactively, or would that create other complications?

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I haven't seen anyone mention this yet, but make sure to check if your wife's employer has any "spousal carve-out" policies. Some companies are now requiring spouses to enroll in their own employer's plan if it's available, rather than allowing them on the company plan. This is becoming more common as employers try to control healthcare costs. They'll typically make an exception if your employer's plan doesn't meet certain minimum standards or if you don't have access to employer coverage, but it's worth checking now rather than being surprised during enrollment. Also, since you're planning this switch for next year and considering filing status changes later, I'd suggest running the numbers on your total household healthcare costs under different scenarios. Sometimes the "better" insurance plan costs more in premiums and out-of-pocket expenses than you'd save from filing separately, depending on your specific tax situation. The good news is that you have time to research all these details before making any commitments. Most employers are pretty transparent about their spousal coverage policies if you ask HR directly.

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Mei Zhang

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This is such an important point about spousal carve-out policies! I had no idea this was becoming a trend until I started researching for our own situation. It really highlights how employer healthcare policies are getting more complex and restrictive. Your suggestion about running the total household healthcare cost numbers is spot on. I've been so focused on the tax filing benefits that I haven't done a comprehensive analysis of how all the healthcare costs might change - premiums, deductibles, out-of-network differences, prescription coverage, etc. It's possible we could optimize our taxes but end up paying more overall if the insurance costs are significantly higher. Do you happen to know if there are any good resources or calculators for comparing total healthcare costs between different employer plans? I'm finding it hard to do an apples-to-apples comparison since the plan structures are so different.

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Based on all the great advice here, I wanted to add one more perspective as someone who works in benefits administration. The key thing that hasn't been emphasized enough is to get everything in writing from your wife's HR department about their spousal coverage policies BEFORE you make any changes. I've seen situations where employees were told one thing verbally about spousal coverage, but the actual plan documents had different requirements or restrictions. Make sure you understand: 1) Any spousal surcharges or carve-out policies, 2) Enrollment timing requirements and qualifying events, 3) Whether they require annual verification of marriage status, and 4) How they handle situations where both spouses have employer coverage available. Also, since you're planning the filing status change 2-3 years out, keep in mind that employer health policies can change significantly from year to year. What's true about her plan now might not be the same when you actually switch filing status. The good news is that the core principle remains the same - tax filing status won't affect your eligibility as a legal spouse. One final tip: consider consulting with a tax professional who specializes in healthcare and tax interactions before making the filing status switch. The interplay between HSAs, premium deductions, and filing separately can be complex enough that it's worth getting professional guidance on your specific situation.

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Juan Moreno

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This is excellent advice about getting everything documented from HR! I'm definitely going to request written confirmation of all the spousal coverage policies before we make any moves. Your point about policies changing year to year is really important too - I hadn't considered that what we learn now about her employer's plan might not still be true when we actually want to change our filing status. The suggestion about consulting with a tax professional who specializes in healthcare interactions makes a lot of sense given all the complexity that's been mentioned in this thread. Between the HSA contribution limits, premium deductions, spousal surcharges, and timing considerations, it seems like there are enough moving pieces that professional guidance could save us from costly mistakes. Thank you for sharing your benefits administration perspective - it's really helpful to get insights from someone who sees these situations from the employer side. I feel much more prepared now to ask the right questions and get proper documentation before we proceed.

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Don't forget to check your state return too! If you're amending federal for a missed 1099-R, you might need to amend state as well, even for non-taxable events. Some states require reporting of all 1099-Rs regardless of taxability.

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Omar Fawzi

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Good point. Every state has different requirements. For example, I live in California and they want you to report all retirement transactions even if they're non-taxable federally.

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Simon White

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Great question! Just went through this exact process last month with a missed 1099-R for a Roth conversion. You only need to sign the 1040X form - that's the official amendment document. The revised 1040 is just supporting documentation to show what the corrected return looks like. One tip I wish I'd known earlier: make sure to include a brief explanation letter with your amendment explaining that this was a non-taxable Roth rollover that was simply omitted from the original filing. This helps the IRS processor understand the context and can speed up processing. Also double-check that you're reporting the rollover in the correct section of your 1040 - it should go in the IRA distributions section with the taxable portion marked as $0. The IRS gets confused when the reporting doesn't match their records from the 1099-R. Your amendment should be straightforward since there's no tax impact, but getting all the documentation right upfront will save you potential follow-up letters from the IRS.

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This is really helpful advice! I'm actually dealing with a similar situation right now. Quick question - when you mention including an explanation letter, is there a specific format the IRS prefers, or can it just be a simple note explaining the oversight? Also, did you send everything via regular mail or did you use certified mail to make sure they received it? I'm a bit paranoid about my amendment getting lost in the mail since I've heard horror stories about IRS processing delays. Want to make sure I cover all my bases like you did!

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Harold Oh

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One approach that might be worth exploring is a private annuity arrangement, where your mother transfers her shares to you and your sister in exchange for unsecured lifetime payments. This can be particularly effective if she's in good health and expects to live well beyond the actuarial life expectancy. The key advantages are that the transferred shares (and all future appreciation) are immediately removed from her estate, while she receives guaranteed income for life. The payments you make are not deductible, but they're not considered gifts either - they're simply fulfilling the annuity obligation. The payment amount is calculated using IRS actuarial tables based on her age, which often results in payments that are lower than what you might negotiate in a standard installment sale. If she lives longer than the actuarial expectation, you'll pay more than the shares were worth, but if not, you could end up paying less. This strategy works particularly well when combined with life insurance on your mother - the insurance can provide funds to complete any remaining payments to her estate while giving you peace of mind about the arrangement. Just make sure to have a qualified business valuation done to establish fair market value for the shares at the time of transfer.

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Miguel Ramos

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The private annuity approach is interesting, but I'm wondering about the risk factors involved. What happens if our business experiences a significant downturn and we can't make the annuity payments? Unlike an installment sale where we might be able to renegotiate terms with family, an annuity creates a fixed obligation regardless of business performance. Also, I'm curious about the valuation aspect - since private annuity payments are based on the current fair market value of the shares, wouldn't we want to time this strategy when the business valuation is at a relatively low point to minimize the ongoing payment obligations? Are there any restrictions on when the valuation can be done, or strategies to optimize the timing? The life insurance component makes a lot of sense from a risk management perspective. Do you typically structure that as term or permanent insurance, and who owns the policy - the business or the individual buyers?

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You raise excellent risk management questions about private annuities. The inability to renegotiate payments is indeed a major drawback - if your business hits a rough patch, you're still obligated to make those payments from personal assets if necessary. This is why many families prefer installment sales with family members, where there's more flexibility to adjust terms if circumstances change. Regarding valuation timing, you're absolutely right that timing matters significantly. The annuity payments are locked in based on the valuation date, so executing the transaction during a temporary business downturn (maybe after a bad year or during an industry slump) can result in substantially lower ongoing obligations. There aren't specific IRS restrictions on timing, but the valuation needs to reflect fair market value as of the transfer date. For the life insurance, I typically see term insurance owned personally by the buyers (you and your sister) rather than the business, especially in an S Corp where life insurance proceeds could create tax complications. The coverage amount should equal the present value of remaining annuity payments. Some families use decreasing term policies that reduce in coverage as the statistical likelihood of remaining payments decreases over time. The key is running detailed cash flow projections under various business performance scenarios before committing to this structure.

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One consideration that hasn't been mentioned yet is the potential impact of the Tax Cuts and Jobs Act provisions that are set to expire after 2025. The current doubled estate and gift tax exemption ($12.92 million per person in 2023) is scheduled to sunset, which could significantly affect some of the advanced planning strategies discussed here. If your mother has substantial other assets beyond the S Corp shares, it might make sense to accelerate some gifting strategies before the exemption potentially drops back to around $6 million per person. This could influence whether you pursue approaches like the family limited partnership or IDGT strategies that rely on gift tax exemptions. Also, have you considered the impact of your state's tax laws? Some states have no capital gains tax, while others impose significant additional taxes on the sale of business interests. If your mother is considering relocating for retirement, the timing of the share transfer relative to any move could affect the overall tax efficiency. The key is to coordinate the business succession planning with broader estate and income tax planning to optimize the outcome for your entire family situation, not just the business transfer itself.

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IRS Transcript Updated: 571 Code Appears 09/30 After 6-Month Refund Freeze (810) from March to September

Anyone seeing movement on their transcripts? Mine just updated with a 571 code (Resolved additional account action) dated 09-30-2024 after having a 570 hold (Additional account action pending) from 09-23-2024. Been checking non-stop and finally see something different. My timeline has been: TRANSACTIONS CODE EXPLANATION OF TRANSACTION CYCLE DATE AMOUNT 150 Tax return filed 20243605 09-23-2024 $ 30211-466-09758-4 806 W-2 or 1099 withholding 04-15-2024 -$ 810 Refund freeze 03-28-2024 570 Additional account action pending 09-23-2024 571 Resolved additional account action 09-30-2024 This Product Contains Sensitive Taxpayer Data I've been sitting here refreshing the IRS website every day since March when I got hit with that 810 Refund freeze code dated 03-28-2024. I was starting to think my refund would never process. Now I'm finally seeing movement in cycle 20243605. The 571 code just appeared today, which I understand means they've resolved whatever issue was holding up my return. I've been stuck with that 570 code (Additional account action pending) since 09-23-2024, so this feels like progress. Does anyone know how long after a 571 code appears that refunds typically process? Will they just lift the 810 freeze automatically now? My transcript shows both the original filing (code 150) and my withholding credit (806) from 04-15-2024, but no DDD (Direct Deposit Date) yet. Is anyone else seeing updates like this? Anyone had the same codes resolve recently? I'm cautiously optimistic but don't want to get my hopes up too much after waiting for 6+ months.

KhalilStar

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This is exactly the kind of update we all love to see! That 571 code is such a game changer after being stuck with an 810 freeze for 6+ months. I've been lurking in this community for a while watching everyone's journeys, and your timeline gives me hope for my own situation. What really stands out to me is how quickly your 570 and 571 codes appeared - just one week apart! That suggests once the IRS actually got to reviewing your case, they were able to resolve whatever was flagging it pretty efficiently. From all the stories I've read here, that's usually a really good sign for getting your refund processed soon. The consensus seems to be 1-2 weeks after the 571 for the 846 code to appear, especially with your cycle ending in 05. Definitely keep checking Friday mornings when those weekly transcripts update! After waiting since March, you're finally in the home stretch. Thanks for sharing your detailed timeline - it really helps those of us still waiting to know what to look for. Please keep us updated when you see that 846 code! šŸ¤ž

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Yuki Tanaka

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This community has been such a lifeline! I've been reading everyone's experiences for months and finally having my own 571 code feels surreal. The one week turnaround from 570 to 571 definitely gives me hope that they resolved whatever was flagging my return pretty quickly. I'm really crossing my fingers that the 1-2 week timeline holds true - will definitely be checking Friday morning religiously now! It's amazing how much more manageable this whole process feels when you have real people sharing their actual experiences instead of just trying to decode IRS jargon online. Will absolutely update everyone when I see that 846 code! šŸ™

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Hey Yara! This is such encouraging news after your incredibly long wait! I've been following similar cases in this community and that 571 code is exactly what you want to see after being stuck with an 810 freeze since March. What really stands out about your situation is how quickly things moved once the IRS actually got to your case - going from 570 to 571 in just one week is actually a really positive sign. It suggests they were able to resolve whatever was flagging your return pretty efficiently once they started the review process. Based on what I've seen from others who've shared their timelines here, you're typically looking at 1-2 weeks after the 571 code appears before you see the 846 (refund issued) code. Since yours posted on 09/30 and your cycle ends in 05, definitely keep checking Friday mornings when those weekly transcripts usually update. After waiting 6+ months, you're finally in the home stretch! The hardest part is behind you now. Really hoping you see that 846 code and DDD soon. Please keep us posted - this whole community will be celebrating with you when that refund finally hits your account! šŸ™Œ

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