


Ask the community...
Just experienced this same situation! My incorporation service (LegalZoom) apparently never properly submitted my 2553 even though I paid them to handle it. What a disaster. I ended up hiring a CPA who specialized in business closures. Cost me $650 but they handled everything including dealing with the IRS directly. Sometimes paying a professional is worth avoiding the headache, especially since you can deduct the fee on your personal taxes as an "investment expense" related to closing your business.
I'm dealing with a very similar situation right now! My business formation service also apparently never properly filed my Form 2553, and the IRS is now treating my intended S-Corp as a C-Corp. Based on what I'm reading here, it sounds like the path of least resistance might be to just file the 1120-X and Schedule L they're requesting, especially since there was no business activity. One question though - if I go the route of filing as a C-Corp for the final return, do I need to worry about any state-level complications? My state dissolution was already approved, but I'm wondering if filing a different type of federal return could create issues with the state tax authority or require additional state filings. Also, has anyone had success getting reimbursement from these business formation services when they mess up the S-Corp election? I'm pretty frustrated that I paid extra for them to handle the paperwork correctly and now I'm stuck dealing with this mess.
Quick question - does anyone know if stock in foreign companies purchased through regular US brokerages (like Schwab or Fidelity) trigger Form 5471 requirements? I own shares of some Canadian and European companies through my brokerage account but never considered filing anything special.
Publicly traded stocks purchased through US brokerages generally don't require Form 5471 filing, even if they're foreign companies. Form 5471 is typically for direct ownership in foreign corporations, not publicly traded shares. Your brokerage should provide a 1099 that reports all your dividend income, including from foreign sources. You might need to file Form 8938 if your total foreign assets exceed certain thresholds, but that's different from Form 5471. The brokerages handle most of the reporting requirements for publicly traded foreign stocks.
Based on what you've described, you're likely correct that you don't need to file Form 5471. With less than 10% ownership in each company and no officer/director role, you wouldn't meet the typical filing requirements under any of the 5 categories. However, I'd be extra careful about the "coordinated group" issue that others have mentioned. The fact that you're part of an 80-person investment group could potentially trigger constructive ownership rules if the IRS determines you're acting in coordination. The key factors they look at are: shared investment vehicles, common decision-making processes, voting agreements, or family/business relationships between investors. Since you mentioned it's a "mix of US citizens and non-US persons," only the US persons would count toward the 50% threshold for constructive ownership. You might want to document how your investment was structured - did everyone invest independently, or was there any kind of organizing entity or shared agreements? For future distributions, you'll report them as foreign dividends on Schedule B and may need to pay taxes on them even if they were already subject to foreign withholding taxes. You can often claim a foreign tax credit to avoid double taxation. Given the severe penalties ($10,000+ per form as mentioned above), it might be worth getting a definitive answer from a tax professional or the IRS directly, especially with the complexity of having 80 investors involved.
This is really helpful, thank you! I think the key distinction here is that we all made completely independent investment decisions - there was no organizing entity, shared agreements, or coordinated decision-making. We literally just happened to invest in the same companies through our own research and due diligence. The investment group of 80 people isn't really a formal "group" - it's more like we're all individual investors who ended up in the same deals. No shared voting, no common investment vehicle, and we don't even communicate with each other about investment decisions. Given what @Mila Walker shared about the penalties, I m'definitely going to document everything about how my investments were structured. Better safe than sorry when it comes to $10,000+ penalties! I might also try one of the services mentioned above to get official confirmation from the IRS. Thanks everyone for the detailed responses - this community is incredibly helpful for navigating these complex tax situations!
Just my 2 cents - I've been preparin taxes for 20 yrs and never got any fancy certifications beyond my EA. Still make great money and have tons of loyal clients. Don't get caught up in credentials, focus on building relationships and doin good work. Most taxpayers dont care about your letters, they care if you save them money and keep them outta trouble!
This is honestly terrible advice. The tax landscape is completely different now than 20 years ago. Try getting hired anywhere decent without at least an EA, preferably a CPA. The competition is fierce.
Having worked at the IRS for 12 years in various departments, I'd strongly recommend considering the federal route, especially given the current hiring push. The benefits package is honestly unbeatable - pension, TSP matching, excellent health insurance, and job security you just don't get in private practice. Yes, the bureaucracy can be frustrating, but the work-life balance is real. I've never missed a family dinner during tax season like my friends in public accounting do. The training is also top-notch - they'll actually invest in your professional development rather than just throwing you into busy season chaos. One thing people don't mention enough is the diversity of work at the IRS. You can move between examination, collections, criminal investigation, taxpayer advocate services, and more. It's not just processing returns all day. Plus, if you do decide to leave later, that IRS experience opens doors everywhere in tax. For Isabella specifically - with your accounting background, you'd likely qualify for GS-12 positions right out of college, which puts you ahead of most entry-level hires. The EA certification is perfect for IRS work and they'll support you getting it.
This is really helpful insight, thank you! The GS-12 starting level sounds promising - I hadn't realized my accounting degree might qualify me for a higher entry point. Can you tell me more about the different departments you mentioned? I'm particularly curious about examination vs. collections work and what the day-to-day looks like in each. Also, how long does it typically take to move between departments once you're in the system?
In our case, the trust paid the taxes before distributing to beneficiaries. Our accountant said it depends on whether the trust is a "simple" or "complex" trust for tax purposes. For us it was complex since it had the option to accumulate income. Ur trust might be different tho. The accountant said the $200k was technically a capital gain to the trust since it was essentially selling its right to the property. They said the trust's basis in the property was the important part in calculating how much of that $200k was actually taxable gain.
That's interesting - our family had almost the exact opposite experience. Our trust was deemed "simple" and passed all tax liability to us as beneficiaries. We each had to report our portion on our personal returns. Makes me wonder if the trusts were actually different or if we just got different tax advice? Tax pros - which approach is correct?
This is a really complex situation that highlights why trust taxation can be so tricky! Based on what you've described, there are several key factors that will determine the tax treatment: 1. **Trust Classification**: Whether your trust is "simple" (must distribute all income annually) or "complex" (can accumulate income) will largely determine who pays the tax. 2. **Nature of the Settlement**: Since this was malpractice insurance compensating for a lost property interest, it's likely treated as a capital transaction rather than ordinary income. The tax calculation would compare the settlement amount to your trust's basis in the lost 21% property interest. 3. **Trust Document Language**: The specific provisions in your trust document about how settlements and capital transactions are allocated between income and principal will be crucial. Given the $200,000 amount and complexity involved, I'd strongly recommend getting professional guidance from a CPA who specializes in trust taxation before making any distributions. They can review your trust document, determine the trust's basis in the lost property, and calculate the proper tax treatment. The good news is that if it's determined to be a recovery of basis (rather than a gain above basis), the tax impact could be minimal. But you definitely want to get this right before distributing the funds!
Nora Bennett
I've helped exactly 17 clients with 1095-A issues this tax season already. Here's a specific example that might help you understand what you're dealing with: Client had a 1095-A showing $437.28 monthly premium, $578.45 for the SLCSP (Second Lowest Cost Silver Plan), and $312.00 in monthly APTC (Advanced Premium Tax Credit). Their actual annual income was $32,450 instead of the $29,000 they estimated when applying for coverage. When we completed Form 8962, they had to repay $428 of their premium tax credit because their actual income was higher than projected. However, since their income was at 253% of the Federal Poverty Level, their repayment was capped at $800 (they would have owed $624 without the cap). The most common mistake I see is people entering annual totals instead of monthly amounts from the 1095-A. Be precise with those numbers!
0 coins
Jay Lincoln
Hey Alicia! I totally understand that overwhelmed feeling - the 1095-A can definitely look intimidating at first glance! š As a fellow student who went through this last year, here's what helped me get through it: **Quick sanity check first:** Make sure all the information on your 1095-A looks correct (coverage months, premium amounts, etc.). If anything looks off, contact the Marketplace for a correction before filing. **The good news:** Most tax software (TurboTax, FreeTaxUSA, etc.) will walk you through this step-by-step. You basically just enter the numbers from each box on your 1095-A and it does the heavy lifting on Form 8962. **Student-specific tip:** Since you mentioned you're a full-time student, your income might be pretty low, which could actually work in your favor! If your actual income ended up being lower than what you estimated when you signed up, you might get additional tax credits back as a refund. **Before your appointment:** Have your 1095-A ready and double-check that the monthly premium amounts match what you actually paid. Your tax preparer will need these exact numbers. You've got this! The anticipation is definitely worse than actually doing it. Let us know if you run into any specific questions about the numbers on your form! š
0 coins
Isaiah Sanders
ā¢This is such helpful advice! I'm also a student and was dreading dealing with my 1095-A, but knowing that low income might actually work in my favor makes me feel better about the whole process. Quick question - when you say "double-check that the monthly premium amounts match what you actually paid," should I be looking at my bank statements or insurance company records to verify this? I want to make sure I'm comparing against the right source before my tax appointment.
0 coins