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One thing nobody's mentioned yet - if you miss the 2 month 15 day window but still want S-corp status for the entire year, you can file Form 2553 and write "PURSUANT TO REV. PROC. 2013-30" at the top. Under Rev Proc 2013-30, the IRS provides automatic relief if: 1) You intended to be an S-corp 2) You file Form 2553 within 3 years and 75 days of the date you wanted the election to take effect 3) You have reasonable cause 4) All shareholders reported income consistent with S-corp status This saved me last year when I messed up my timing!
Does this Rev Proc 2013-30 actually work though? I've read horror stories about people thinking they qualified for relief but then getting rejected.
It absolutely works, but you have to make sure you meet ALL the requirements. The most important is that your shareholders (which is just you if you're a single-member LLC) have filed their personal returns consistent with S-corp status. That means if you're trying to get S-corp status for 2023 after the deadline, you'd need to have filed your 2023 personal return as if you were an S-corp owner (reporting K-1 income, not Schedule C). The IRS is actually pretty lenient with this relief procedure for small businesses. I submitted mine with a simple statement explaining I didn't understand the election timing requirements, and it was approved without any questions.
Just to add a practical note as a fellow photographer who went LLC/S-corp last year: remember that once you're an S-corp, you MUST pay yourself a reasonable salary through payroll with proper withholding. This is the #1 audit trigger for S-corps. I set my salary at about 60% of my net profits based on industry averages for photographers, and I use Gusto for payroll which makes it super simple. The remaining business profit passes through to my personal return without self-employment tax, which saved me about $7,300 last year. Worth all the extra paperwork!
What's a "reasonable salary" though? I've heard everything from 30% to 70% of profits and I'm confused about what's actually required.
Don't forget that you also need to determine the building-to-land ratio since you can only depreciate the building portion! Many people miss this and try to depreciate the entire purchase price, which is incorrect. Check your property tax assessment - it usually has a breakdown of land vs. improvement (building) values. You can use that ratio as a reasonable method for your depreciation calculation.
Thanks for bringing this up! Do you know if I need any special documentation to prove the building-to-land ratio I use? And would it be better to use the ratio from when I purchased or from when I converted to a rental?
You don't need special documentation, but you should keep records of how you determined the ratio. The property tax assessment is generally considered reasonable support if the IRS ever questions it. You should use the ratio that applies at the time of conversion to rental use, not the original purchase. The ratio could change over time as land and building values appreciate at different rates.
Has anyone used TurboTax for handling this situation? I'm trying to figure out if their software can properly handle the depreciation calculation for a converted property or if I need something more specialized.
I used TurboTax last year for my converted rental. It walks you through the process step by step and asks all the right questions about purchase price, FMV at conversion, and building/land allocation. Just make sure you have all your documentation ready before you start.
Don't forget that when you claim your niece as a dependent, you might qualify for Earned Income Credit too, depending on your income. This could be a pretty significant credit! Make sure whatever tax software you use asks about this or that you mention it to your tax preparer. Also, keep track of any medical expenses you paid for your niece. If your total medical expenses for the year exceed 7.5% of your adjusted gross income, you can deduct them if you itemize.
Thanks for mentioning the EIC! I make about $42,000 a year as a dental assistant, would that income level qualify me for the Earned Income Credit with two dependents? And I actually did pay for some doctor visits and prescriptions for my niece when she got strep throat this year, so I'll definitely save those receipts.
Yes, with an income of $42,000 and two qualifying dependents (your daughter and niece), you should qualify for some amount of Earned Income Credit. For 2024, the income limit for EIC with two qualifying children is around $55,000 for a single filer or head of household, so you're well within the range. Definitely keep those medical receipts! While you might not exceed the 7.5% AGI threshold for medical deductions, it's always good to track everything. Also, don't forget about any education expenses for both children - there might be credits available for those as well, like the American Opportunity Credit or Lifetime Learning Credit when they're older.
I just want to point out something important - make sure your sister doesn't also try to claim your niece on her taxes! Even if she didn't work, she might file to get refundable credits, and the IRS will reject both returns if the same dependent is claimed twice. Have a clear conversation with your sister about this. Maybe even get something in writing. I've seen family drama happen over this exact situation.
This happened to my brother and his ex-wife! Both claimed their daughter and it was a MESS. His refund was delayed for months while the IRS sorted it out. They even had to submit additional documentation to prove who provided the most support.
Exactly! And what makes it worse is that these conflicts can trigger correspondence audits which can delay refunds by months. The IRS typically sends notices to both parties asking for proof of eligibility to claim the dependent. The person who doesn't have the right to claim the dependent but filed first can cause major headaches for the rightful claimant. That's why it's so important to have that conversation early and get something in writing, even if it's just a simple signed statement that can be kept with tax records.
19 Former tax preparer here. The reality with FBARs is that they're primarily an information reporting tool. The penalties are designed for people who deliberately hide foreign accounts, not for those making good faith efforts with minor errors. I've seen clients stress over tiny mistakes like yours, but in my experience, the IRS has never pursued penalties for the type of errors you're describing. The fact that you over-reported a balance actually works in your favor. And postal codes? That's just not material to what they're looking for.
7 Is there any downside to just filing an amendment anyway, even for these small issues? I always prefer to have everything 100% accurate, even if it's something minor.
19 There's no significant downside to filing an amendment if it gives you peace of mind. It's easy enough to do - just check the "amended" box on the form and explain the corrections in the comments section. That said, it's important to maintain perspective about what these forms are for. They're designed to track significant foreign assets, not to trap people over typos or minor administrative details. In my years of practice, I never saw the IRS pursue anyone for good-faith mistakes of the type you're describing. Your time might be better spent ensuring your current and future filings are accurate.
3 I made a similar mistake last year but with a bigger dollar amount (about $5k due to conversion issues). I called my accountant freaking out and she laughed and told me not to waste time on an amendment. She said as long as you're reporting the accounts and not deliberately hiding anything, the IRS generally doesn't care about small errors that are in their favor. Just make sure your future filings are accurate!
14 This seems like dangerous advice tbh. The penalties for FBAR violations can be insanely high. Isn't it better to be safe than sorry?
Amara Nwosu
I've been in this exact situation for years (Canadian working for US companies remotely). Here's what I've learned: 1. You're considered self-employed in Canada, so you'll file a T2125 form with your regular T1 return 2. Keep track of ALL business expenses - home office (measured by square footage %), internet, computer equipment, software subscriptions 3. You need to charge/collect HST if your income exceeds $30,000 in any 12-month period 4. For US taxes, as a Canadian resident with no US citizenship/green card, you typically DON'T need to file unless you physically worked in the US I use QuickBooks Self-Employed to track everything throughout the year - makes tax time so much easier. The app lets you categorize expenses, track mileage, and generate reports for tax filing.
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AstroExplorer
β’Wait, do you need to register for a HST number right away when you start, or only after you hit the $30k threshold? I'm in a similar situation and just realized I might be over that amount already.
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Amara Nwosu
β’You only need to register for HST once you exceed $30,000 in revenue in any consecutive 12-month period. Once you hit that threshold, you need to register within 29 days. If you're just starting out and don't expect to hit $30K right away, you don't need to register immediately. If you've already exceeded the threshold and haven't registered yet, I'd recommend registering ASAP and talking to an accountant about how to handle the HST you should have collected. The CRA is usually reasonable if you self-correct and explain the situation, especially for first-time issues like this.
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Giovanni Moretti
Has anyone used TurboTax Self-Employed for this kind of situation? I'm in almost the exact same boat (working for a US startup while living in BC) and wondering if the software can handle this or if I need something more specialized.
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Fatima Al-Farsi
β’I've used TurboTax Self-Employed for my US-Canada income situation for the past two years and it works fine. Just make sure you convert all your USD income to CAD (I use the Bank of Canada annual average exchange rate to keep it simple). The software walks you through the T2125 form pretty well. The only tricky part is tracking all your business expenses throughout the year - TurboTax doesn't help with that part. I use a separate expense tracking app and then just input the totals by category at tax time.
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