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Just want to add that your former employer is definitely feeding you BS. The IRS doesn't "send back" 1099s - that's not how it works at all. If he made a mistake, he needs to issue a corrected form, but the January 31 deadline still applies. I'd honestly just file an IRS Form 3949-A (Information Referral) to report him for not providing your tax documents on time. You can find it on the IRS website. Sometimes just mentioning this form to non-compliant employers gets them moving real quick!
Does filing that form actually work? I'm worried about creating bad blood with my former employer if I report them, but I also really need my tax documents.
Filing Form 3949-A definitely gets results in most cases. The IRS takes these reporting failures seriously because they affect tax compliance across the board. You can actually mention to your employer that you're considering filing this form before you actually do it - often just the knowledge that you're aware of your rights and the reporting process is enough to motivate them. As for creating bad blood, I understand the concern, but remember that they're legally required to provide these documents. You're just asking them to fulfill their legal obligation, not doing anything unreasonable. Your financial well-being and tax compliance shouldn't be compromised because they're dragging their feet.
Have you checked your online IRS account? Sometimes 1099s are already reported there even if your employer hasn't physically sent you a copy. Go to the IRS website and look at your wage and income transcript if you have an account set up. Might save you some headache!
Something nobody has mentioned yet - Congress actually passed a law in December 2024 that DOES allow deductions for expenses paid with forgiven PPP loans. The IRS initially said these expenses weren't deductible (as everyone mentioned above), but the law overruled the IRS position. So the current rule is: 1) PPP loan forgiveness is not taxable income, AND 2) You CAN deduct business expenses paid with PPP loan funds. This applies to both Schedule C filers and other business entities. So there isn't a special advantage for sole proprietors anymore - everyone gets the same favorable tax treatment.
Wait, are you serious?! That's completely different from what I understood and what others have said here. Do you have a source for this? This would be amazing news if true, but I want to make sure before I file my taxes this way.
Yes, absolutely serious. The provision was included in the COVID-related Tax Relief Act of 2024, which clarified that "no deduction shall be denied, no tax attribute shall be reduced, and no basis increase shall be denied, by reason of the exclusion from gross income." The IRS then issued Revenue Ruling 2025-02 confirming this treatment. You can deduct all ordinary business expenses paid with PPP loan proceeds, AND the loan forgiveness itself is not taxable income. It was specifically designed to provide maximum tax benefit to struggling businesses. This overruled the IRS's earlier position which had created the situation described in the original post. Congress decided businesses needed the additional tax relief.
Question for tax experts here - I had partial PPP loan forgiveness (about 70% was forgiven). How does that affect my tax situation? Do I only get to deduct expenses proportional to the unforgiven amount?
For partial PPP forgiveness, only the forgiven portion receives the special tax treatment. The unforgiven portion is treated as a regular loan. So if 70% was forgiven, that portion isn't taxable income AND (per the correction above about the COVID-related Tax Relief Act) you can still deduct expenses paid with those funds. For the 30% unforgiven portion, you'll eventually repay that with after-tax dollars, but you can deduct the interest paid on that portion as a business expense. Just make sure you keep detailed records showing which expenses were allocated to the forgiven portion in your forgiveness application, as that documentation will be crucial if you're ever audited.
If you're rlly concerned, just compare what turbotax has with ur actual w2 when it arrives? I do that every year and they've always matched 100%. The electronic version is what matters to the IRS anyway, the paper is just for your records basically. Also, make sure ull check that state tax was withheld properly when u moved. I moved CA to TX last year and my employer messed up and kept withholding CA tax even tho I wasnt living there anymore. Had to file for a refund from CA for those months. Multistate returns are a pain!!!
Thanks for the suggestion! I'm definitely planning to double-check everything once my paper W2 arrives. Did you have any issues with getting your CA tax refund? I'm worried my previous employer might have kept withholding Iowa taxes even though I was living in California.
Getting my CA refund took forever but I did get it eventually. Like 4 months after I filed! You should check your last paystub from Iowa - it'll show if they were still withholding state tax. If they did keep taking Iowa tax after you moved, you'll need to file for a refund from Iowa and make sure you're paying the right CA taxes for that period. The annoying part is proving your residency change date - keep any lease agreements, utility bills, etc from when you first moved to CA.
FYI - employers must make W2s electronically available by January 31 but have until Feb 28 to MAIL them. Your W2 was probably available on your employer's HR portal way before you got the paper copy. TurboTax partners with ADP, Paycom, etc so they can pull W2s electronically as soon as they're available!
This is great to know! So many people don't realize they can often get their W2 electronically through their company portal weeks earlier. I always get mine from my company's ADP system in mid-January but the paper copy doesn't show up until February.
Just want to add - FIRE YOUR TAX PREPARER IMMEDIATELY! Telling you to "wait for an IRS letter" instead of properly handling tax elections is inexcusable and potentially costly negligence. A competent tax pro would have either: 1) Filed Form 2553 within the deadlines if S-corp was truly advantageous for you 2) Advised you to file Schedule E if that was more appropriate for your situation Instead, they put you in this mess. Also, it's questionable whether filing 1120S would even "help offset W2 income" for a simple rental property. That sounds like they were confusing rental real estate with active business income. Find someone who actually understands real estate taxation!
Thanks for being so direct! You're right, I'm definitely not going back to that preparer. Do you have any tips on how to find someone who actually specializes in real estate tax situations? I'm worried about just finding another generic tax person who might not understand these specific issues.
Look for a tax professional who is either a CPA or EA (Enrolled Agent) who specifically lists real estate investors as a client focus. Ask potential preparers how many clients they have with rental properties and LLCs. A good test question is to ask them to explain the differences between Schedule E reporting and S-corporation treatment for rental income - if they can't clearly articulate the pros and cons of each approach for your specific situation, keep looking. I also recommend checking with local real estate investor associations or networking groups - these often have recommended tax pros who serve their members. These professionals typically understand both the tax advantages and pitfalls specifically related to rental properties and real estate investments.
Im confused about one thing - if an LLC files 1120S without ever filing 2553, doesnt the IRS usually reject the return or send a notice? My brother did something similar and got a letter like 6 months later saying his S-corp election wasnt valid. did anyone else experience this?
Yes, this happened to me! Got a notice about 8 months after filing saying my 1120S was "filed in error" since they had no record of a valid S-election. They gave me 60 days to either file Form 2553 late (with reasonable cause) or file the correct return type. The lesson I learned is don't wait for their letter - it takes them forever to catch these things, and meanwhile you're continuing to file incorrectly.
Zara Rashid
Another option nobody's mentioned - you could consider making a larger payment in Q1 (maybe 50% instead of 80%) and then spreading the rest across the remaining quarters. The IRS penalty calculation is cumulative, so being "caught up" by year-end can minimize penalties even if you're technically underpaid in early quarters. I had a similar situation last year with about 65% of my income in Q1, and I paid about 60% of my estimated tax then, and the rest equally over the remaining quarters. The small penalty was worth it for better cash flow throughout the year.
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Luca Romano
ā¢Does this actually work? Wouldn't you still get penalized for those early quarters where you didn't pay enough? I thought the penalty was calculated per quarter, not just at the end of the year.
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Zara Rashid
ā¢The underpayment penalty is actually calculated for each quarter separately, but it's based on how much you're short for the required payment for that period. So you're right that you could face some penalty, but it's usually quite small. For me, the calculation worked out to a penalty of about $240 on a $120,000 income. That was worth it for me to maintain better cash flow throughout the year. It's really a business decision - pay the mathematically correct amount each quarter or pay a small penalty for the flexibility. Form 2210 will calculate the exact penalty amount.
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Nia Jackson
Has anyone used the Electronic Federal Tax Payment System (EFTPS) for making uneven payments? I'm thinking about setting up payments now for the whole year, with a much larger one for Q1, but I'm not sure if the system allows scheduling different amounts.
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NebulaNova
ā¢Yep, EFTPS works great for this! I use it and you can definitely schedule different payment amounts for each quarter. You can even make extra payments anytime you want. The interface looks like it's from 1995, but it's actually really reliable.
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Nia Jackson
ā¢Thanks for confirming! I'll set it up this weekend. Does it send reminders before the scheduled payments go through? I'm worried about forgetting and not having enough in my account when it processes.
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