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Ask the community...

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Ayla Kumar

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Just want to add something nobody's mentioned yet. Your sister should check ASAP if annual S-Corp tax returns (Form 1120-S) have been filed properly for all those years. If she's missed filing those returns, the S-Corp election could potentially be terminated, which creates an even bigger mess. Also, most states require annual reports or statements for corporations, sometimes with fees. If those weren't filed, there could be state-level penalties or even administrative dissolution of the corporation. The missing bookkeeping is definitely a problem, but the missed filings could be an even bigger issue with more immediate consequences.

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Demi Lagos

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Oh wow, I hadn't even thought about the state filings or the S-Corp election potentially being terminated. She's in California, which I know can be pretty aggressive with business compliance stuff. Would a business attorney be needed alongside an accountant at this point?

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Ayla Kumar

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California is actually one of the more challenging states for compliance - they have annual franchise tax minimums even for S-Corps with no profit. For California specifically, she'll need to check if the Statement of Information (Form SI-200) has been filed, and whether the $800 minimum franchise tax has been paid each year. At this point, I'd start with a good CPA who specializes in California S-Corps and business tax resolution. They can assess the situation first - a business attorney might be needed later, but accounting issues should be addressed first to understand the full scope of the problem. Most experienced CPAs will have relationships with business attorneys they can bring in if legal issues arise beyond tax compliance.

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Something else to consider: How much income are we talking about here? If it's fairly minimal (like under $50k/year), the penalties might be manageable. But if your sister's business has substantial income, the missing "reasonable compensation" could mean significant unpaid payroll taxes. The IRS looks at the nature of the S-Corp's business to determine reasonable salary. If it's a service business where the owner is the primary service provider (like consulting, design, accounting, etc.), they typically expect a higher percentage of income as salary compared to businesses selling products.

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This is a really important point. My friend had a similar situation with her graphic design S-Corp and the IRS determined her reasonable salary should have been about 70% of the business profit since she was the only person doing the actual design work. The back payroll taxes and penalties were brutal.

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One thing nobody's mentioned - you should strongly consider making quarterly estimated tax payments on these winnings. With your regular income plus this $125k, you're looking at potentially owing a lot in April, and if you haven't paid enough throughout the year, you could face underpayment penalties. Form 1040-ES is what you need. You can make a payment now to cover this windfall and avoid a nasty surprise at tax time. The IRS Direct Pay system lets you make payments directly from your bank account.

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Wait, I need to pay taxes NOW on this? I was planning to just handle it when I file next year. How do I figure out how much to pay for these quarterly payments? And does it matter that I won the money halfway through the year?

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For estimated tax payments, you have a couple of options. The simplest approach is to calculate roughly 30-35% of your winnings (depending on your tax bracket) and make a payment ASAP using the 1040-ES form. The fact that you won it midway through the year does matter - estimated payments are generally due quarterly, with the deadlines being April 15, June 15, September 15, and January 15 of the following year. If you've already missed some of these deadlines, don't panic. Making a payment now is better than waiting until you file. Alternatively, you could increase your withholding at your regular job for the remainder of the year by filing a new W-4 with your employer, which might be enough to cover the additional tax liability and help you avoid underpayment penalties.

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Omar Zaki

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Just a warning from someone who's been there - the crypto part of this equation creates additional complexity. When you convert Bitcoin to USD, you'll need to report that on Form 8949 and Schedule D. You'll need to know: 1. The exact value of Bitcoin when you received it from the sportsbook (your cost basis) 2. The value when you sell it for USD (your sale price) If the value changes between when you receive it and when you sell it, that's either a capital gain or loss. Even if you convert it immediately, there might be small differences. This is separate from reporting the gambling winnings themselves. I'd recommend keeping meticulous records of all transaction dates, times, and amounts. The exchanges will provide some records, but they're not always complete or accurate.

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This is super important - my buddy got absolutely wrecked because he didn't track his cost basis properly when converting gambling winnings from crypto to USD. The IRS assumed the entire amount was profit and taxed him accordingly. Took him months to sort out the documentation to prove otherwise.

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Oliver Weber

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As someone who works with international students, I can add some context here. The IRS TREAS 310 code just means it's a refund issued via direct deposit. The $1,400 amount matches the third Economic Impact Payment, but NRAs are generally not eligible for these unless they meet the substantial presence test. Given you arrived in August 2021, you likely wouldn't have been in the US long enough to qualify as a resident for tax purposes that year. However, there are situations where the IRS processes corrections to NRA returns: 1. Treaty benefits that weren't properly applied 2. Corrections to withholding on scholarships/fellowships 3. Adjustments from amended returns 4. Retroactive tax law changes affecting NRAs

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Thanks for this detailed info! I didn't file an amended return, but I did have a scholarship in 2021 that had some withholding applied. Could that be related? Also, does accepting this money mean I might be considered a resident for 2021 now, which could affect my visa status?

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Oliver Weber

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Scholarship withholding adjustments are a very common reason for unexpected refunds to NRAs. Educational institutions sometimes withhold at the standard 30% rate, but depending on your country's tax treaty, you might be eligible for a lower rate or even exemption from tax on certain scholarship portions. Receiving this refund doesn't change your immigration status or tax residency classification for 2021. The IRS making adjustments to your tax withholding doesn't reclassify you from NRA to resident - they're simply applying the correct tax rules to your NRA status. Your visa status remains completely separate from these tax processing adjustments.

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When I got a random TREAS 310 deposit as an international student, it turned out to be from incorrectly filling out my 8843 form. Did you file Form 8843 with your 2021 return? If not, the IRS might have adjusted your status.

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NebulaNinja

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This happened to my roommate too! He didn't file the 8843 form properly and got a similar refund. When he called IRS they confirmed it was a correction based on his treaty status with Spain.

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Don't forget about state taxes for your LLC! Federal is only part of the picture. Depending on your state, you might have: - Annual LLC fees (in California they're $800/year - ouch!) - State income tax on your LLC profits - Possible sales tax collection requirements for your jewelry I learned this the hard way with my consulting LLC last year. Got hit with penalties because I didn't realize my state had different filing requirements than federal.

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OMG thank you for mentioning this! I completely forgot about state requirements. I'm in Michigan - do you know if they have any special LLC fees I should know about? Also, do I need to collect sales tax on online sales to other states?

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Michigan is much more reasonable than California! They have an annual LLC filing fee of just $25 (due February 15th each year). You'll need to file an annual statement to maintain your LLC status. For sales tax, Michigan requires you to collect sales tax on in-state sales. For out-of-state sales, it depends on your sales volume in each state and their specific economic nexus laws. If you're selling through platforms like Etsy or Amazon, they might handle this for you in many states. But if you're selling through your own website, you'll need to research each state's requirements. Generally, if you have less than $100,000 in sales or fewer than 200 transactions in a state, you might be exempt from collecting sales tax there.

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Paolo Ricci

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Quick tip on tracking expenses for your single member LLC: get a separate business credit card NOW! I mixed personal and business expenses my first year and tax time was a nightmare. Also, if you use your personal vehicle for business (like delivering jewelry or going to craft shows), keep a detailed mileage log. You can deduct 67 cents per mile for 2025 which adds up fast!

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Amina Toure

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Is there a good app you recommend for tracking mileage? I always forget to log my trips for my business.

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Just want to add another option - check with your state tax department too! In my case, my employer had submitted my W2 to the state but somehow messed up the federal submission. My state's department of revenue was able to provide me with the information I needed much faster than the IRS.

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Ethan Wilson

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That's a great idea I hadn't considered! Do you know if I need to request this in person at a state tax office or can I do it online? My state's government websites are notoriously difficult to navigate.

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In my state (Washington), I was able to request it online through their Department of Revenue portal. Most states have some kind of taxpayer access portal now where you can view your tax documents. Try searching "[your state] view tax documents online" or "[your state] tax transcript." If the online option doesn't work out, most states have a taxpayer assistance phone line that's usually much less busy than the IRS line. They can direct you to the right department or form to request your wage information.

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If nothing else works, you can try filing Form 8822, Change of Address with the IRS. Sometimes when companies send W2s, they go to old addresses. Could be sitting in someone else's mailbox or returned to sender.

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Maya Patel

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Would this help for last year's W2 though? Seems like the time for mail forwarding would have expired by now. Plus the OP already talked to the employer who seems to be avoiding helping them.

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