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I made a similar mistake on my 1120S last year and just want to add - don't forget about your state filings! If your state requires an S-Corp return, you'll likely need to amend those too. In my case, I had to file amended returns with both the IRS and my state tax department. Also, double-check your basis calculations after making these corrections. The shift from salary to distributions affects your basis differently, and having an accurate basis calculation is crucial if you ever need to take losses in the future.
Good point about the state filings. Do most tax software programs handle the amended state returns automatically if you're amending the federal, or is that typically a separate process?
Just went through a similar S-Corp amendment nightmare myself! A few additional thoughts based on my experience: When you file the amended 1120S, make sure to check the "Amended Return" box at the top and attach Form 1120X if your software generates one (some do, some don't). The explanation statement should be concise but clear - I used something like "Correcting officer compensation from $41,000 to actual amount paid of $36,000" for each line item. One thing that really helped me was keeping a detailed log of all the corrections I made and why. This came in handy when I got a letter from the IRS asking for clarification a few months later. Having everything documented made responding much easier. Also, since you're correcting both salary down and distributions up significantly, be prepared to explain the business reasons if asked. The IRS sometimes questions when they see compensation decreases paired with distribution increases, even in amendment situations. The good news is that being proactive about corrections usually works in your favor with the IRS. They appreciate taxpayers who catch and fix their own mistakes rather than waiting for an audit to discover them.
This is really helpful advice! I'm curious about the IRS letter you mentioned receiving - how long after filing your amendment did that come, and was it just a routine request for clarification or did it seem like they were suspicious about the changes? I'm trying to get a sense of what to expect timeline-wise after I submit my corrected return.
Maybe i'm missing something here but couldn't a candidate just say the legal issues WERE related to the campaign somehow? seems like there's a ton of gray area that would be easy to exploit. like who decides if legal fees are "personal" vs "campaign-related"??
That's exactly the issue in a lot of these cases! The FEC makes these determinations based on the "irrespective test" - would the expense exist irrespective of the campaign or officeholder duties? If yes, it's considered personal. For example, if the legal issue existed before someone became a candidate or would exist even if they weren't in office, it's generally considered personal. But you're right that candidates often try to argue everything is somehow related to their political position.
This is such a timely question given all the news coverage lately. What really complicates this is that the determination often comes down to timing and intent, which can be hard to prove either way. I've seen cases where candidates argued that legal fees were campaign-related because the allegations "affected their ability to campaign effectively" or because they stemmed from their "public profile as a candidate." The FEC and IRS have to evaluate each situation individually. One thing that's often overlooked is the reporting requirements. Even if there's debate about whether the expense was legitimate, failing to properly report potential personal use as income can create additional problems. It's often the cover-up that gets people in more trouble than the original questionable expense. For anyone dealing with this situation, documentation is key. Keep detailed records of what the legal issues relate to and when they originated relative to your political activities.
Just a word of caution - DO NOT just keep cashing the refund checks without resolving this. The IRS operates under a "pay now, fight later" system. They might be sending you refunds now, but if they determine later that those payments were legitimately meant for your tax account, they can come back and assess underpayment penalties and interest for the taxes you should have paid. I knew someone who had a similar situation (though it was just for one year, not ongoing). They spent the refund, and two years later the IRS figured out the error and wanted not just the original amount back, but also nearly 25% more in penalties and interest.
Exactly this. The IRS has up to 3 years to audit returns (longer in some cases), so just because they're cutting refund checks now doesn't mean they won't reverse course later. And they absolutely will charge interest from the original due date if they determine you underpaid.
This is such a bizarre situation! Reading through all the responses, it sounds like several people have had success getting to the bottom of similar mysteries. The fact that these payments have been so consistent for 5 years really does suggest it's not just a random error. I'd recommend trying multiple approaches simultaneously: 1) Use one of the callback services mentioned to get through to the IRS research department, 2) Have direct conversations with anyone who might have your SSN (family, former employers, accountants you've used), and 3) Consider requesting a meeting with the Taxpayer Advocate Service if the regular channels don't work. The specific dollar amounts you mentioned ($1,876.42 type numbers) really do sound like they're calculated based on something - maybe estimated taxes for a business entity, investment income, or contract work that's being reported under your SSN. Whatever you do, don't just ignore this or assume it will work out in your favor. As others have pointed out, the IRS can come back years later demanding repayment with penalties and interest if they determine these were legitimate tax obligations. Better to spend some time now getting it resolved than potentially facing a much bigger headache down the road.
I'm currently at day 38 since filing my amended return and still waiting for any notice. Reading through everyone's experiences here is both reassuring and nerve-wracking - it seems like 30-50 days is pretty typical, but the uncertainty is killing me! I've been checking my mailbox obsessively and even signed up for USPS Informed Delivery, though I see some folks mentioned notices don't always show up there. Has anyone had success checking their IRS transcript online to see if there are any codes indicating a review has started? I'm wondering if that might give me a heads up before the physical notice arrives. Also, for those who eventually got through to the IRS by phone - did you call right at 7 AM when they open, or is there a better time to avoid the longest wait times?
I'm in a similar boat - day 42 here and still anxiously checking the mail! From what I've gathered reading everyone's experiences, it sounds like you're still well within the normal range. I actually did check my transcript online last week and found a code 570 (account freeze) which at least confirmed something was happening behind the scenes, even though no physical notice had arrived yet. As for calling times, I've had the best luck calling right at 7 AM sharp - I set three alarms and hit redial the moment they open. The wait times are still brutal, but definitely shorter than calling later in the day. Hang in there - it sounds like most people are getting their notices between weeks 5-7!
I'm at day 41 since filing my amended return and still no notice here either! This thread has been incredibly helpful - it's reassuring to know I'm not alone in this waiting game. Based on everyone's experiences, it seems like 30-50 days is the current norm, which means I should hopefully see something soon. I've been religiously checking my online transcript every few days and finally saw a transaction code 971 show up last week, which I believe indicates they've sent a notice. Now I'm just waiting for it to actually arrive in my mailbox. For what it's worth, I called the amended return hotline at 866-464-2050 (thanks @Hazel Garcia for that tip!) and while I still waited 2.5 hours, I did get through and the agent confirmed my return was received and is in the review queue. They couldn't give me an exact timeline but said notices are currently taking 6-8 weeks to be mailed out. Hang in there everyone - sounds like we're all in the same boat!
Thank you so much for sharing that amended return hotline number and your experience with it! I've been calling the general IRS line and getting nowhere fast - literally spending entire afternoons on hold just to get disconnected. It's really encouraging to hear that the 866-464-2050 number actually connects you to agents who can provide specific information about amended returns. I'm definitely going to try that number tomorrow morning. The 6-8 week timeline the agent gave you actually aligns pretty well with what most people are reporting here, so that gives me some peace of mind. I'm at day 36 myself, so hopefully I'll see something in the next couple of weeks. Thanks again for taking the time to call and share what you learned - this kind of real-world intel is so much more valuable than the generic timelines on the IRS website!
Liam Cortez
Something nobody mentioned yet - if you have an S-Corp, you should absolutely set up a Solo 401k rather than just a SEP IRA. You can contribute WAY more pre-tax money - up to $69,000 for 2025 vs. the $23,000 employee limit for regular folks. This is one of the biggest tax advantages of having the S-Corp structure.
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Savannah Vin
β’Wouldn't the employee contribution limit still be the same $23k whether it's a Solo 401k or not? I thought the only difference was that you could make the employer contribution on top of that.
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Sadie Benitez
Grace, congrats on making the S-Corp election! You're asking all the right questions. Based on my experience helping clients transition to S-Corp status, here are some practical recommendations: **Payroll Frequency**: While annual payroll is technically allowed, I strongly recommend quarterly. The IRS tends to scrutinize S-Corps that only run payroll once per year, as it can appear like you're trying to minimize employment taxes. Quarterly shows good faith compliance and spreads out your tax obligations. **Reasonable Salary**: For your income level ($220-250k), aim for a salary of at least $100-120k. The IRS doesn't publish specific percentages, but they do look at industry standards. For consulting, this range should keep you safe while still allowing meaningful tax savings on distributions. **Expense Tracking**: Set up QuickBooks Online and connect it to your business bank account. Create categories that align with Schedule C deductions (office supplies, professional development, travel, etc.). Take photos of receipts immediately and store them in the QB mobile app. **Service Recommendations**: Between ZenBusiness and Gusto, I'd lean toward Gusto for payroll - their tax compliance guarantee is valuable. For accounting, consider pairing it with QuickBooks rather than relying on their basic expense tracking. One critical note: Make sure your S-Corp election was properly filed and accepted by the IRS before proceeding. You might want to call and confirm it's been processed to avoid any complications down the road.
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