Thanks for mentioning the Foreign Tax Credit! I actually haven't been claiming that - do you know if I can amend previous years' returns to claim it? I've been paying both full US taxes AND the Japanese withholding for about 3 years now.

Yes, you absolutely can amend your previous returns to claim the Foreign Tax Credit! You generally have 3 years from the original filing deadline to file an amended return (Form 1040-X) along with Form 1116 for the Foreign Tax Credit. For each of those past 3 years, you'll need documentation showing the Japanese taxes withheld. The credit can significantly reduce your US tax liability since it's a dollar-for-dollar reduction (not just a deduction). Many people in your situation end up getting substantial refunds. Just be aware that the Form 1116 is somewhat complex, so using tax software or a professional familiar with international taxation might be helpful for the amendments.

You might want to try contacting the Taxpayer Advocate Service if you've been waiting that long. They can sometimes help with unreasonable delays. Worth a shot at least!

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.

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.

Did you have to pay any taxes on those dividends though? I'm confused about whether they count as income for the current year even if you're converting them later.

Do you know if there's a specific place on Schedule C where we should note the 1099-K amount vs our actual total? I'm new to all this and confused about how to show the breakdown.

On Schedule C itself, you just report your total gross receipts on line 1. There's no specific place on Schedule C to break out 1099-K amounts separately. If you're using tax software, it might have a worksheet where you can enter various income sources and 1099 forms, but the Schedule C will show the combined total. Keep your own separate worksheet that reconciles your total income with the 1099-K amounts in case of questions later.

If you're on cash basis (most small sellers are), you report income when received and expenses when paid. So if the return/refund happens in the next year, it would be an expense for that next year, not an offset to the current year's income.

Thank you for this practical advice. If I go the loan route, do I need to create the documentation before or after taking the money? I've already taken about $15K more than my 1% share would justify in 2024, and we haven't filed yet. Can I retroactively document this as a loan? Also, any guidance on what a "reasonable" interest rate would be in the eyes of the IRS?

Ideally, loan documentation should be created before the money is distributed, but you can retroactively document it if you haven't filed yet. The key is to create the documentation before the end of the tax year - so you're still within the window for 2024. For interest rates, the IRS publishes Applicable Federal Rates (AFR) monthly. For a loan between related parties, you should use at least the minimum AFR for the appropriate term (short, mid, or long) from the month the loan was made. For April 2024, the short-term rate was around 5.25%. Using anything significantly below this could cause the IRS to impute interest, which creates tax headaches for both parties. The documentation should include a clear repayment schedule, consequences for default, and signatures from both parties. Make sure your accountant records it properly on the books as a loan to shareholder rather than a distribution.

This could trigger gift tax issues depending on the value of the company. If mom gives additional ownership percentage that has significant value, it might require filing a gift tax return. Also some S-corps have restrictions in their operating agreements about ownership transfers. But I agree it might be the cleanest solution long-term.