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I believe the Claimyr service might actually be worth considering in certain situations, particularly if there's any unexpected delay after your DDD passes. While it's probably not necessary right now since you have a confirmed date, it could potentially be helpful if, for instance, your deposit doesn't arrive within 3-5 business days after your DDD. Sometimes there can be unforeseen complications that might require speaking directly with an IRS representative, and in those cases, having a reliable way to reach them could save considerable time and stress.
Has anyone actually needed to call the IRS after getting a DDD? I always thought once you have a deposit date, it's basically guaranteed to arrive, no? What kinds of issues could even come up at that point that would require calling?
I've had to call after getting a DDD when: โข My bank rejected the deposit due to name mismatch (married filing jointly but account in single name) โข SBTPG held the funds for "verification" for 5+ days โข My refund amount was reduced but no explanation code appeared on transcript โข DDD passed but no deposit appeared after 5 business days The IRS system is not infallible, and having a direct line to an agent can be crucial if you're in the small percentage of people who experience post-DDD issues.
Welcome to the US tax system! Since this is your first time filing, here are a few key things to expect: Your May 15th DDD means the IRS will release funds on that date, but with TurboTax's fee structure, it will definitely go through SBTPG first regardless of when fees were deducted. For CashApp specifically, I'd recommend double-checking that your account is verified for direct deposits and that the routing/account numbers match exactly what you provided to TurboTax. CashApp sometimes has stricter requirements for tax refunds than regular transfers. You should see the deposit 1-3 days after your DDD, but keep an eye on both the SBTPG portal and your CashApp notifications. The good news is that once you have a confirmed DDD, you're in the final stretch - just a few more days of patience after 4 months of waiting!
Have you looked into treating this as a return of capital under Section 301(c)(2) rather than a dividend? If the C-Corp has sufficient E&P to cover the distribution, that's problematic, but if not, you might be able to treat at least part of it as a return of capital up to the shareholder's basis. Also, consider whether the franchise sale could qualify as a sale of a separate business segment under Section 302(e)(2), which would support partial liquidation treatment even without explicit documentation.
We've considered the return of capital approach, but unfortunately the company has substantial E&P that would cover the distribution amount. I like your suggestion about Section 302(e)(2) though. The franchise locations operated as separate business segments with their own management and financial statements. Do you think we could argue this meets the "not essentially equivalent to a dividend" test under 302(b)(1) given the meaningful contraction of the business operations? The corporation went from two operating locations to one, which seems substantial.
The separate business segment approach under 302(e)(2) would be your strongest argument. Since you had two distinct franchise locations and one was completely sold off, this represents a genuine contraction of the business rather than just a distribution of earnings. For the "not essentially equivalent to a dividend" test under 302(b)(1), you're in a tougher position since this is a sole shareholder situation. The test typically looks at whether there was a meaningful reduction in the shareholder's proportionate interest in the corporation, which doesn't happen with a 100% shareholder. However, courts have occasionally looked at other factors in sole shareholder cases, including business purpose and whether there was a genuine contraction. I'd recommend documenting the business reasons for the sale (separate from tax considerations) and showing how the operations contracted. Even without formal documentation at the time, you might be able to establish partial liquidation treatment based on the actual substance of what occurred.
This is a complex situation that requires careful analysis of multiple code sections. Given that the C-Corp already paid tax on the gain but the shareholder received the proceeds directly, you're essentially dealing with a constructive dividend unless you can successfully argue for different treatment. Your best path forward is likely the partial liquidation argument under Section 302(b)(4) combined with 302(e)(2). The key factors working in your favor are: 1) genuine contraction of business operations (50% reduction from two locations to one), 2) complete termination of one business segment, and 3) the distribution was directly attributable to the business contraction. The lack of formal documentation is problematic but not necessarily fatal. Rev. Rul. 75-223 and several Tax Court cases have recognized partial liquidations based on substance over form when there's clear evidence of business contraction. Document everything you can about the business reasons for the sale and consider preparing a detailed memorandum establishing the facts and legal basis for partial liquidation treatment. One additional consideration: make sure to calculate whether the shareholder has sufficient basis to absorb the distribution. If the basis exceeds the distribution amount, the entire amount could be treated as a return of capital under a successful partial liquidation argument. You might also want to consider filing a protective election or amended return with alternative treatments to preserve your options if the IRS challenges the characterization.
I had this EXACT same issue with E*TRADE last year. Different plan numbers for traditional and Roth Solo 401k components. When I filed my taxes, it got flagged for review because it looked like I had two separate plans with different contribution limits. Took 3 months to sort out with the IRS. Had to provide all the plan docs showing it was actually supposed to be one plan. Get this fixed ASAP before tax time comes around - you don't want the headache I dealt with.
Thanks for sharing this! Did you end up getting any penalties from the IRS for having the wrong plan setup? Or was it just a lot of paperwork to fix it?
This is a really important issue that more solo business owners need to be aware of. I went through something similar with my Solo 401k setup at Schwab. The key thing to understand is that the IRS treats a Solo 401k as a single plan regardless of whether you have traditional and Roth components. What you've described - having different plan numbers and names - essentially creates the appearance of two separate plans in the eyes of the IRS. This can cause several problems: 1. Contribution limit confusion - you might accidentally exceed the annual limits if the system treats them as separate plans 2. Required Minimum Distribution (RMD) calculations get complicated when you reach that age 3. Form 5500 filing requirements become unclear if your assets grow The good news is this is fixable. Call E*TRADE's retirement plan department (not regular customer service) and explain that you need to consolidate your Solo 401k traditional and Roth components under a single plan number and name. They should be able to process a plan amendment to correct this. Don't wait on this - it's much easier to fix now than after you've made contributions and have multiple years of statements with inconsistent plan information.
FYI - NJ announced they're taking longer this year due to increased fraud prevention measures. Their official statement says most refunds will take 4-6 weeks minimum, even for simple returns with no issues. They're manually reviewing more returns than in previous years.
Just wanted to add that I'm seeing the same thing with my NJ return filed around the same time as yours. The "no information available" status is really frustrating when you're waiting for your refund. I've been checking daily but trying to be patient since everyone here is saying 4-6 weeks is normal now. At least it's good to know we're not alone in this - seems like NJ is just really backed up this year with all the fraud prevention measures they mentioned.
Jibriel Kohn
When we bought our house last year I was paranoid about this too! Our bank actually suggested using wire transfers instead of cashier's checks to avoid any holds or delays. The wire fee was like $25 but totally worth avoiding the stress of wondering if the money would clear in time!
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Edison Estevez
โขWire transfers are definitely the way to go! We had issues with a cashier's check at our closing because the bank had misspelled the title company's name. Almost delayed our whole closing! Wire transfer would have avoided that mess.
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Giovanni Gallo
As someone who just went through this exact scenario a few months ago, I can confirm it's really not a big deal from a tax perspective. We consolidated about $50k from my spouse's account into mine for our down payment and closing costs. No issues whatsoever with the IRS. The key thing is just keeping good records. I made sure to save copies of the transfer confirmation, both bank statements showing the money moving, and our closing documents. Having that paper trail made me feel much more confident about the whole thing. One tip though - give yourself a buffer of at least 2-3 business days between the deposit and when you need the cashier's check, just in case there are any unexpected holds on the funds. Better safe than sorry when it comes to closing day timing!
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