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Ask the community...

  • DO post questions about your issues.
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  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Riya Sharma

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I'm a retired accountant and worked with several passive investment S-Corps over the years. Here's the practical reality: 1) Pure investment S-Corps are in a grey area for reasonable compensation requirements 2) What matters is substantiating that minimal to no actual services are being performed 3) Document through corporate minutes the passive nature and automation of investments 4) Consistency is key - if you claim it's passive, make sure your activities match that claim 5) Consider a minimal salary if you're doing ANY administrative work at all (even a few hours monthly) The real risk isn't necessarily audit (though that can happen) but potential reclassification of distributions which can trigger back taxes, penalties, and interest if they determine services were being performed.

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Santiago Diaz

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Would keeping a log of hours worked (which would be basically zero) help document this? I have a similar situation but with a small rental property in my S-Corp that basically runs itself through a property management company. I literally spend maybe 2-3 hours per YEAR on it.

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Riya Sharma

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Yes, a log of hours would be extremely helpful documentation. For your situation with just 2-3 hours annually, that's exactly the type of minimal involvement that supports a no/low salary position. I'd recommend documenting not just the hours but specifically what you do during those hours. Show that you're only making high-level oversight decisions while the property management company handles all the actual work. Include copies of your property management agreement in your corporate records to further substantiate your minimal involvement.

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Millie Long

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Has anyone considered the Schedule K basis implications? When you take distributions, you need sufficient basis, and different types of income affect basis differently. Treasury interest increases basis, but distributions reduce it. If distributions exceed basis, you could end up with taxable gain. Also, watch out for the accumulated earnings tax if you've been accumulating excessive cash without a business purpose - though S-Corps usually avoid this since income passes through anyway. My accountant recommended documenting a specific business purpose for holding the cash (like future investments) and then documenting the reason for distributions now (change in investment strategy, etc.).

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KaiEsmeralda

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The accumulated earnings tax doesn't apply to S-Corps, only C-Corps. S-Corps are pass-through entities where income is taxed to shareholders regardless of whether it's distributed. The penalty you're probably thinking of is for personal holding companies, which is different.

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Ethan Clark

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One thing nobody's mentioned yet - if you make below a certain amount, you might not even need to file taxes at all. For 2024, if you make less than $13,850 as a single person, you generally don't have to file (though you still might want to if your employer withheld taxes, so you can get a refund). Also, since you mentioned living with your grandparents - are they claiming you as a dependent? That's another factor that affects how you file and what benefits you might be eligible for.

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I think I'll make around $18,000 this year if I keep working the same hours, so I guess I will have to file? And yes I'm pretty sure my grandparents claim me as a dependent since I live with them and they pay for most of my stuff. Does that change things?

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Ethan Clark

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Yes, at $18,000 you'll definitely need to file a tax return. Being claimed as a dependent does change things a bit. You won't be able to claim your own personal exemption, and there are some credits you might not qualify for. Make sure to check the box on your tax return that says someone else can claim you as a dependent. This is important because if you don't check it but your grandparents claim you, it will create problems for both returns. Also, as a dependent with income, you'll need to file your own return - your grandparents can't include your income on their return.

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StarStrider

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Random tip since ur new to this: SAVE YOUR W-2!! When my job gave me mine last year I just tossed it in a drawer and then couldn't find it when I needed to do my taxes. Had to request a new one and it delayed everything. Maybe take a pic of it with your phone too as backup.

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Yuki Sato

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This!!! Also, set a calendar reminder for mid-February to check if you've received your W-2. If you haven't gotten it by February 15th, you should contact your employer. They're legally required to send it by January 31st.

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NebulaNova

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Quick tip from someone who's been through this - if you have your last paystub of the year, it usually has your year-to-date info which is basically what goes on your W2! Most restaurants use standard payroll systems that calculate this automatically. Might be worth checking if you have that last stub somewhere.

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Sofia Ramirez

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That's a great point! I don't think I saved my last paystub, but now I'm going to check my email to see if they sent electronic copies. I vaguely remember getting emails when a new paystub was available, but I usually just checked the deposit amount. If I can find that last one from December it would solve everything! Thanks for the suggestion!

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NebulaNova

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Happy to help! Even if you can't find the December one, any paystub from late in your employment might be useful since it would have the year-to-date totals up to that point. You could then estimate the additional earnings for your remaining time there. And don't forget to check your spam folder - payroll emails often end up there.

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Has anyone here ever had the IRS penalize them for filing with Form 4852 instead of a W2? I'm worried my refund will get flagged or delayed if I go this route. My old employer is being difficult about sending my W2 and I need to file soon.

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Paolo Conti

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I had to use Form 4852 two years ago and had zero issues. The IRS actually processes these pretty routinely. As long as your estimates are reasonable and you document your attempts to get the W2, you should be fine. My refund wasn't delayed at all. The employers are the ones who typically get in trouble, not you.

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Something nobody has mentioned yet - don't forget to separate out the personal vs business use of those toll roads! If you're using the same routes for both personal and business driving, you can only deduct the business portion. The IRS can get picky about this if you're audited. I keep a simple spreadsheet with dates of business travel and then match it against my toll statement. Takes a little extra time but worth it for peace of mind.

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Ryder Greene

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What about if I have to go through a toll on my way to a client but I wouldn't normally take that route for personal stuff? Like I only use that toll road because it gets me to the client faster?

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That's a perfect example of a fully deductible business toll expense. If the toll road is specifically being used to reach a client or for business purposes, then 100% of that toll is deductible. The key test is whether you would have incurred that specific toll charge if you weren't conducting business. This is why good record-keeping is so important. Having your appointment calendar or client meeting logs to match up with the toll receipts creates a clear paper trail showing the business purpose. The IRS loves to see that kind of documentation if they ever question your deductions.

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Has anyone actually been audited for toll expenses? I'm wondering if I'm being too causal about this. I just take photos of my EZ tag statements with my phone and categorize them in my expense app, but don't actually match them to specific client visits...

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While toll expenses alone probably won't trigger an audit, they could come under scrutiny if your return is audited for other reasons. The IRS typically looks at the whole picture of your business deductions.

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StarSailor}

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As a former IRS employee, I strongly recommend looking into the Taxpayer Advocate Service as mentioned above. But also consider calling the direct number for the auditor assigned to your case (should be on your audit letter). They can often work with you directly if you're upfront about your situation. Also, you might qualify for audit reconsideration if you have new information or documentation that wasn't previously considered. This can be done without representation. The key is staying organized and responding to all IRS communications promptly. Many audits get worse simply because people avoid dealing with them out of fear.

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Amara Nnamani

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Thanks for the insider perspective! My audit letter does have a specific person's name and number. I've tried calling a few times but always get voicemail. Is it better to keep trying that direct line or go through the main IRS number?

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StarSailor}

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Definitely keep trying the direct line to your assigned auditor. Leave detailed but brief voicemails with your name, tax ID number (last 4 digits only for security), and the best time to reach you. Most auditors handle multiple cases and check messages regularly, even if they don't answer calls immediately. The main IRS line will just put you in the general queue and whoever answers likely won't have immediate access to your specific case details. Your assigned auditor already knows your file and has the authority to make decisions on your case. Persistence is key - try calling at different times of the day, especially early morning right when offices open.

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Miguel Silva

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I went through an audit last year and found that my local H&R Block office offered audit representation services for about $850, which was way less than what tax relief companies quoted me. Also check with any tax preparer who may have done your original return - they sometimes include audit protection for returns they prepared, even from previous years.

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Zainab Ismail

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How did that work out for you? Did they manage to reduce what you owed? I've heard mixed things about H&R Block's representation services.

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