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Something important to consider is that the SECURE Act of 2019 (and SECURE 2.0) dramatically changed how inherited IRAs work. Most non-spouse beneficiaries now face a 10-year distribution rule instead of being able to stretch distributions over their lifetime. However, there are exceptions for "eligible designated beneficiaries" which include: - Surviving spouses - Minor children (until they reach majority) - Disabled or chronically ill individuals - Individuals not more than 10 years younger than the deceased If any of your relatives who are beneficiaries fall into these categories, different rules may apply. This could significantly impact your planning.
Thank you for mentioning the SECURE Act changes. Does this still apply if the IRA is first transferred to a trust, and then the trust distributes to these different types of beneficiaries? Or does moving it to a trust first eliminate these exceptions? One of the beneficiaries is my aunt's disabled sibling, so I'm wondering if there might be special provisions that could help in that case.
When an IRA is left to a trust, the ability to use these exceptions depends on how the trust is structured. If the trust qualifies as a "see-through" trust and the disabled sibling is an identifiable beneficiary, then yes, that portion of the IRA might qualify for the exception allowing for distributions over that beneficiary's life expectancy rather than the 10-year rule. This would require specific language in the trust that clearly identifies the disabled beneficiary's portion and likely a separate share for that beneficiary. The trust would also need to meet all the requirements to be considered a see-through trust under IRS regulations. This is definitely a situation where specialized estate planning advice is crucial, as properly structuring the trust could result in significantly better tax treatment for that portion of the IRA.
Has anyone dealt with the issue of Roth IRAs specifically going into a trust? I've heard conflicting things - some people say the tax benefits are completely lost, others say they can still be preserved somewhat. Getting really confused about whether it's better to distribute the Roth before death or let it go through the trust.
With Roth IRAs going to a trust, the key benefit that can be preserved is the tax-free nature of qualified distributions. Unlike traditional IRAs where distributions are taxable, qualified Roth distributions remain tax-free even when distributed to a trust or through a trust to beneficiaries. The main thing lost is the ability to stretch distributions over a long period - the SECURE Act's 10-year rule typically applies unless beneficiaries qualify for exceptions. But within that 10-year window, growth remains tax-free, which is still valuable. Generally, it's better to keep the Roth intact rather than distributing before death, as this maintains the tax-free growth for as long as possible within allowable limits.
This happened to me a few years back when I got a big promotion. One thing nobody mentioned yet is that you might owe an underpayment penalty on top of the taxes if you didn't have enough withheld throughout the year. The IRS expects you to pay taxes as you earn income, not all at the end. Check out Form 2210 when you file. There are some safe harbor rules that might help you avoid the penalty: - If you paid at least 90% of this year's tax through withholding - If you paid 100% of last year's tax (or 110% if your income is over $150,000
Will the tax software automatically calculate if I owe an underpayment penalty? I'm using TurboTax and it hasn't mentioned anything about penalties yet. How much are these penalties usually?
Most tax software will automatically calculate underpayment penalties, including TurboTax. It should tell you if you owe one before you finish filing. If it hasn't mentioned anything yet, it might be that you qualify for one of the exceptions. The penalty itself isn't usually massive - it's basically an interest charge on the amount you should have paid throughout the year. The current rate is around 3-5% annually, so if you underpaid by $4,000, the penalty might be around $120-200 depending on how long and how much you underpaid. It's annoying but not catastrophic compared to the actual tax bill itself.
Did you have any life changes last year? Getting married, buying a house, etc? Those things can impact your taxes a lot. Also, have you looked into adjusting your W4 for this year already? You should do that ASAP so you don't have the same problem next year.
Definitely pay what YOU think you owe now! I went through something similar and waited to pay anything until the whole thing was resolved. BIG mistake. The interest kept building even on the part I knew I legitimately owed. Also, make sure you're sending everything via certified mail with return receipt so you have proof of when they received your response. The IRS has been known to claim they never received documents. One more tip: call the audit contact number on your letter and ask if you can email documentation rather than mail it. Sometimes they'll give you a secure email option which speeds things up dramatically. Worth asking!
Thanks for the advice! I'll definitely pay what I calculated I owe now. How long did your audit process take from start to finish? I'm worried this is going to drag on for months.
My audit took about 4 months total from first notice to final resolution. However, I made the mistake of sending my initial response by regular mail, and they claimed they never received it, which added about 6 weeks to the process. Once they actually reviewed my documentation, things moved relatively quickly - about 3 weeks for them to send a response accepting most of my explanation. There was one additional clarification they needed, which took another 3-4 weeks to resolve. The whole thing would have been much faster if I'd used certified mail from the beginning and if I'd paid the undisputed amount immediately.
Be really careful about agreeing to pay anything until you're 100% certain of the correct amount! My sister paid what she thought she owed during an audit, but it turned out the IRS calculation was correct (she missed a 1099-K from PayPal). Because she had already paid a partial amount, they interpreted that as her agreeing to their assessment and it made fighting the rest harder. If you're absolutely positive about your numbers, then yes, pay what you calculated. But if there's any doubt, maybe wait until you speak with a tax pro first. The interest isn't that much for a few weeks while you confirm your calculations.
That's bad advice. IRS charges both penalties AND interest, which can add up quickly. The failure-to-pay penalty is 0.5% of the unpaid taxes for each month, plus interest at the federal short-term rate plus 3%. You can always get a refund if you overpay, but you can't get penalties back as easily.
Something else to consider - if you paid state ESTIMATED tax payments during 2023 (for tax year 2023), those can ALSO be included in your itemized deductions for 2023. So the state tax deduction includes both: 1. Any balance due you paid in 2023 for your 2022 state taxes 2. Any estimated payments you made during 2023 for your 2023 state taxes This sometimes pushes people over the threshold to make itemizing worthwhile.
Wait really? I did make quarterly estimated state tax payments throughout 2023 for my side business. So I can count both those AND the balance I paid in April 2023 for my 2022 taxes? That might actually push me over the standard deduction threshold!
Yes, absolutely! Any state income taxes you actually paid during calendar year 2023 can be included on your 2023 federal Schedule A. This includes both the balance due from your 2022 return that you paid in 2023 AND any estimated payments you made during 2023 for your 2023 taxes. Just be aware there's a $10,000 cap on the total state and local tax deduction (SALT cap), which includes income taxes, property taxes, etc. But for most people, this helps push their total itemized deductions above the standard deduction threshold.
Am I the only one who thinks the tax software should make this clearer? I use TurboTax and it always asks if I want to itemize, but never explains that I should include state taxes I paid last year when making that decision. Feels like they're designed to push people toward the standard deduction because it's easier for them to process.
Totally agree! I've been using H&R Block for years and they never explain this clearly. I've probably left thousands of dollars on the table over the years by taking the standard deduction when I might have benefited from itemizing. The tax prep industry benefits from keeping things confusing.
Thanks for agreeing with me on this! I feel like there should be some kind of requirement for tax software to actively check if itemizing would benefit you rather than just presenting it as an option. I'm definitely going to be more careful this year and run the numbers both ways. Between mortgage interest, charitable donations, and now understanding I can include state taxes paid, I might actually be better off itemizing for the first time.
Yara Haddad
Just to add some additional clarity here - when you reduce the wage expense on your 1120-S for the ERC amounts, make sure you're distributing it correctly across officer compensation vs regular employee wages if applicable. This can affect your basis calculations and potentially impact your QBI deduction. My tax software didn't handle this split automatically, so I had to manually allocate the ERC reduction proportionally between officer compensation (Line 7) and salaries/wages (Line 8) based on which employees' wages qualified for the ERC originally.
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NebulaKnight
ā¢Thanks for mentioning this! Does the wage reduction go on a specific line of the 1120-S or is it just a lower amount entered on the wages/salaries line? My software isn't giving me clear guidance on this either.
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Yara Haddad
ā¢You don't enter it on a separate line - you simply reduce the amounts on Lines 7 and/or 8 accordingly. So if your total wages were $100,000 and you received $20,000 in ERC (both refundable and non-refundable portions), you'd only report $80,000 total between those wage lines. If your business is like most S-corps where you have officer compensation and regular employee wages, you need to allocate the reduction proportionally. For example, if 25% of the qualifying wages were for officers, then 25% of your ERC reduction would apply to Line 7 (officer compensation) and 75% to Line 8 (regular wages).
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Keisha Robinson
Has anyone dealt with the timing issue if you filed amended 941s to claim the ERC after you already filed your 1120-S for that tax year? I'm in this situation now - claimed ERC for 2021 quarters but already filed my 2021 1120-S before receiving the credit.
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Paolo Conti
ā¢You'll need to file an amended 1120-S (Form 1120-S/X) to reduce the wage expense for the year the wages were paid, not when you received the credit. I just went through this exact situation with my company.
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