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Has anyone actually had the IRS audit them for this? I have a trucking company and a property management LLC. Both 100% owned by me. I've been running separate retirement plans for years with no issues.
You've been lucky so far, but this is exactly the kind of situation the IRS looks for in audits. I work for a TPA (third-party administrator) for retirement plans, and we see this scenario frequently. Once the IRS discovers this in an audit, you'd face: 1. Plan disqualification 2. Immediate taxation of all plan assets 3. Penalties and interest 4. Required retroactive contributions for excluded employees The costs can be astronomical. I'd strongly recommend getting this fixed before you're audited.
Your colleague is definitely wrong here. The controlled group rules under IRC Section 414(b) and (c) are crystal clear - if the same person owns 80% or more of multiple businesses, they form a controlled group for retirement plan purposes regardless of what industries they're in or where they're located. In your example with 100% ownership of both the dental practice and auto repair shop, these absolutely constitute a brother-sister controlled group. The owner cannot set up a retirement plan for just the auto shop without including eligible employees from the dental practice in the nondiscrimination testing. The IRS specifically designed these rules to prevent exactly what your colleague is suggesting - cherry-picking which employees to cover based on business profitability or convenience. The fact that the businesses are unrelated operationally is completely irrelevant to the controlled group determination. I'd recommend showing your colleague the actual code sections or getting a definitive ruling from a qualified ERISA attorney. This is one of those areas where being wrong can result in massive penalties and plan disqualification.
This is really helpful clarification! I'm new to business ownership and honestly had no idea these controlled group rules even existed. I was actually considering setting up a second LLC for a side consulting business and was planning to do separate retirement plans. Sounds like I need to understand these rules before I make any moves. Are there any good resources you'd recommend for learning more about controlled groups and retirement plan requirements? I want to make sure I don't accidentally create compliance issues down the road.
Has anyone successfully gotten this tax forgiven or reduced? I'm a single parent and was self-employed in 2020 during the pandemic just trying to keep my family afloat. Now they're hitting me with this huge bill for taxes I didn't even know were deferred.
Unfortunately, these deferred taxes can't be forgiven - they were just postponed, not eliminated. But you might qualify for a payment plan as others have mentioned, which could make it more manageable. Also check if you qualify for first-time penalty abatement if there are penalties attached.
I went through this exact same situation last year! As a self-employed person, you ARE responsible for paying this because when you're self-employed, you're considered both the employer and employee for tax purposes. The "employer's share" refers to the 6.2% Social Security tax that was deferred under the CARES Act. Here's what likely happened: When you (or your tax preparer) filed your 2020 taxes, the deferral was automatically applied to reduce what you owed at that time. This was actually beneficial then, but now that deferred amount is coming due. Don't panic about the 3-week deadline - you have options! You can set up a payment plan directly with the IRS online if you can't pay the full $3,800 at once. For amounts under $50,000, you can get up to 72 months to pay it off. The setup fee is only about $31 if you do it online with automatic payments. Check your 2020 tax return (specifically Schedule SE) to confirm the deferral was taken. And definitely don't ignore this - the sooner you address it, the better your options will be. Payment plans stop most penalties from accumulating, which saves you money in the long run.
One thing nobody's mentioned yet - there are different rules if your annual business income is over $27 million (average of last 3 years). If you're over that threshold, you're considered a "tax shelter" and subject to different bonus depreciation rules. Also, the bonus depreciation rules are different depending on when you placed the properties in service. The 2017 tax reform made big changes: - 100% for property placed in service after 9/27/2017 through 2022 - 80% for 2023 - 60% for 2024 - 40% for 2025 - 20% for 2026 - 0% after 2026 Make sure your CPA considers these phase-out periods!
Lol I wish I had the problem of $27 million in annual income from my STRs! But seriously, do you know if there's any minimum property value where cost segregation makes sense? I've got a small cabin I rent out that's only worth about $175k total.
The general rule of thumb is that cost segregation starts to make financial sense when the property value is $500k or higher, but it depends on several factors. For your $175k cabin, the study itself might cost between $3k-$5k, so you'd need to weigh that against the potential tax savings. However, if you purchased the cabin recently and could do a simplified cost segregation (like with one of the AI tools mentioned above), the economics might work out even at that lower value. Look at your cabin's components - if you have a lot of specialized systems (hot tub, custom lighting, high-end appliances, extensive landscaping), you might have more segregation opportunities than a basic property. You also need to consider your tax bracket - the higher your rate, the more valuable the accelerated deductions.
Be careful with DIY cost segregation! I tried to do my own for my rental last year based on some percentages I found online, and ended up getting audited. The IRS wanted to see a formal engineering report to back up my allocations. If you're going to do this, either use one of the specialized services mentioned or get a real cost segregation study from a qualified firm. The few thousand you'll spend on proper documentation is worth it compared to dealing with an audit and potential penalties.
I'm curious about this too! Also, what kind of documentation did they specifically ask for during the audit? I'm planning to do cost segregation on a few properties I built myself and want to make sure I have everything properly documented upfront. Did you end up having to pay penalties or just back taxes?
@Keith Davidson I m'really sorry to hear about your audit situation - that sounds stressful! This is exactly the kind of scenario I m'trying to avoid. Could you share what specific red flags might have triggered the audit? Was it the amounts you claimed, the way you allocated the depreciation, or something else? Also, for those of us considering cost segregation, what would you recommend as the minimum documentation to have in place before filing? I d'rather spend a bit more upfront on proper documentation than deal with audit headaches later.
One thing nobody mentioned yet: Form 1139! Instead of filing an amended return (1120X), C corporations can file Form 1139 "Corporation Application for Tentative Refund" for capital loss carrybacks. The BIG advantage is that the IRS processes these much faster - you can get your refund in 90 days instead of waiting 6+ months for an amended return to process. BUT - and this is crucial - Form 1139 must be filed within 12 months of the end of the tax year in which the loss occurred. For a 2022 loss, if your tax year ended December 31, 2022, you would have had to file Form 1139 by December 31, 2023. If you missed that window, then you're back to the amended return route.
Are you sure about using Form 1139 for capital loss carrybacks? I thought that was only for NOL (Net Operating Loss) carrybacks and not specifically for capital losses under USC 1212. I don't want the OP to file the wrong form and further complicate things.
You're absolutely right to question this! Form 1139 is indeed primarily for NOL carrybacks, not capital loss carrybacks under USC 1212. For capital loss carrybacks, corporations need to file Form 1120X (amended return) - there isn't a "quick refund" option like Form 1139 provides for NOLs. The 12-month deadline Norah mentioned would apply to NOL situations, but for capital loss carrybacks, you have the standard 3-year period from the filing date to amend the return. Given that Micah is dealing with a 2022 capital loss to carry back to 2021, the amended return route (1120X) is the correct approach here. Thanks for catching that - filing the wrong form would definitely create more complications and delays!
Just wanted to add a crucial timing consideration that could save you significant money: Since you're dealing with substantial penalties and interest that continue to accrue, I'd strongly recommend filing your Form 1120X as soon as possible - don't wait until closer to the October 2025 deadline. Even though you have until then to file the amended return, every month you delay means more penalties and interest accumulating on that $170,000 balance. Once you file the 1120X claiming the capital loss carryback, the IRS will stop the penalty clock on any tax liability that gets eliminated by the carryback. Also, make sure to include a detailed statement with your amended return explaining the capital loss carryback calculation and referencing the specific losses from your 2022 return. This helps the IRS processor understand exactly what you're doing and can prevent delays or requests for additional documentation. Given the complexity and dollar amounts involved, this definitely seems like a situation where professional help would be worthwhile to ensure everything is done correctly the first time.
This is excellent advice about not waiting! I'm actually in a similar situation with capital losses from 2023 that I want to carry back to 2021. One question - when you mention including a "detailed statement" with the 1120X, is there a specific format the IRS prefers for this explanation? I want to make sure I provide exactly what they need to process it smoothly without any back-and-forth requests for clarification. Also, has anyone had experience with how long the IRS actually takes to process these capital loss carryback amendments in practice? I know they say it can take 6+ months, but I'm wondering if the reality is longer given current processing delays.
Paolo Conti
Quick tip: If you're still worried, you can also check your payment status by requesting your tax account transcript on the IRS website. It's free and usually updates within a week after a payment is processed. Just go to IRS.gov, create an account if you don't have one, and request an "account transcript" for the current tax year. The transcript will show any payments received and when they were applied to your account. Much easier than calling in most cases!
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Amina Diallo
β’Does the transcript show pending payments or only fully processed ones? My payment was just made yesterday.
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Paolo Conti
β’The transcript only shows fully processed payments, not pending ones. If you just made your payment yesterday, it probably won't appear on your transcript for at least 3-5 business days, possibly longer during the busy filing season. The account transcript is great for confirmation after the fact, but if you need immediate verification that a very recent payment is in the system, calling the IRS is usually the only option. That's why some people use services to help them get through on the phone lines during busy periods.
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Oliver Schulz
Just a heads up for anyone using payusatax - they charge a processing fee that's higher than some other payment options. I think it was like 1.96% when I used it. If you're paying a large amount, it might be worth looking at other IRS-approved payment methods like DirectPay (free but sometimes glitchy) or EFTPS (free but requires registration ahead of time).
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Natasha Kuznetsova
β’Thanks for mentioning this! I just checked and paid an extra $75 in processing fees that I didn't notice. Are there really free options?
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Taylor Chen
β’Yes, there are free options! DirectPay on the IRS website is completely free for bank transfers, though as Oliver mentioned it can be buggy during peak times. EFTPS (Electronic Federal Tax Payment System) is also free but you need to enroll in advance which obviously doesn't help if you're filing last minute. For future reference, some credit card processors charge less than payusatax - I think Pay1040 was around 1.87% last time I checked. But honestly, when you're up against the deadline like the original poster, sometimes paying the processing fee is worth the peace of mind of using a reliable service that you know will get your payment through on time.
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