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Something everyone's overlooking here - your friend should check if they might qualify for the streamlined foreign offshore procedures if they have other unfiled US tax obligations. Those Form 5472 penalties are just the start of the potential issues. Foreign-owned LLCs often trigger multiple filing requirements beyond just Form 5472 and 1120. There's potentially FBAR requirements, Form 8938, and other informational returns depending on their specific situation.
Thanks for bringing this up. Do the streamlined procedures actually cover Form 5472 though? I thought those were mainly for individual tax returns and FBARs, not for business entities and their reporting requirements?
You're right that the streamlined procedures primarily focus on individual returns and FBARs. Form 5472 penalties technically aren't included in the standard streamlined relief program. However, once your friend enters the streamlined program for their personal returns, they can often make a separate reasonable cause argument for the business filings that has a higher chance of success. The IRS tends to view compliance efforts more favorably when taxpayers are comprehensively addressing all their filing obligations. So while the Form 5472 penalties aren't directly covered, being in the streamlined program can create a more favorable environment for negotiating those specific penalties through separate reasonable cause requests.
Has your friend tried contacting the Taxpayer Advocate Service? They sometimes help with penalty issues for international taxpayers when there are hardships involved. Might be worth a shot before paying those massive Form 5472 penalties.
I think we're overlooking something important here. The IRS treats research grants differently depending on whether they're for your benefit or the university's benefit. If you're doing research primarily to further your education, the excess grant money is taxable. But if you're doing research primarily for the university (like they're basically employing you as a researcher), it might be treated differently. Did your advisor specify whether this was a fellowship (for your benefit) or compensation for services? That distinction really matters for tax purposes.
That's an angle I hadn't considered. The grant money is from my advisor's research funding, and I'm definitely working on their project rather than just my own educational pursuits. The money is paid biweekly like a salary, but it's never been called a salary explicitly - it's always referred to as a "research stipend." Does that distinction actually change how I should report it on my taxes?
Yes, the distinction can definitely change how you report it! If the money is compensation for services rendered (which sounds possible in your case since you're working on your advisor's project and being paid regularly like a salary), it would be treated as employment income rather than a scholarship/fellowship. In that case, the university should have issued you a W-2 for that portion of income. But universities are notoriously inconsistent with how they classify these payments. Some will issue 1099-MISCs for research stipends, while others report them as scholarships on the 1098-T, and some don't report them at all (expecting you to self-report).
One thing nobody's mentioned - how is your university reporting this to the IRS? Check if they issued you a W-2 for the TA work and how they classified the research stipend. Universities are inconsistent about this, but however they reported it to the IRS should guide how you report it on your return.
This is excellent advice. I work in a university accounting office, and I can tell you that how the university reports these payments matters a lot. If they issued a W-2 for any portion, that's definitely reported as wages. If they included the research stipend on the 1098-T as a scholarship, that's how the IRS will expect to see it reported.
A quick tip about those delivery app commissions - in many states, the tax rules changed in 2022-2023. Some now require the delivery platforms (UberEats, DoorDash, etc.) to collect and remit their own sales tax on their portion of the sale. Make sure you check your state's specific "marketplace facilitator" laws. In my state, I only have to collect/remit sales tax on the portion of the sale that actually comes to my restaurant, not the full amount including their commission. This varies by state though!
Thanks for this info! I had no idea there were "marketplace facilitator" laws. Do you know if there's an easy way to check what my state requires? I've been collecting and remitting sales tax on the full amount (including their commission) which sounds like it might be wrong.
The easiest way to check is to google your state name plus "marketplace facilitator sales tax law" - most states have published guidance specifically for restaurants dealing with delivery apps. In most states that have these laws, the delivery apps should be giving you reports that show what portion of sales tax they collected vs what you need to collect. If you've been remitting tax on the full amount including their commission, you might actually be overpaying! You might want to look into filing an amended return to get that money back. Some of my restaurant clients have received significant refunds after realizing this mistake.
Don't forget about tax-exempt sales! Many new restaurant owners mess this up. If you sell to tax-exempt organizations (like schools, government offices, or certain non-profits), you need to keep their exemption certificates on file and track those sales separately. Also, some states have different tax rates for dine-in vs. takeout food. And alcohol often has its own separate tax rate too. Make sure your POS system is set up to track all these different categories correctly.
On the tax-exempt topic - be super careful with catering orders for churches and non-profits. I learned the hard way that in my state, they need to provide their exemption certificate BEFORE the sale, not after. Had to eat the tax cost on a $2000 order because they gave me their certificate a week later!
I'm a bookkeeper for several small businesses, and I've seen both approaches. The proper way is ALWAYS to file an extension rather than submit something you know is wrong. Form 7004 is simple to file and gives you until September 15th. However, I do see many business owners who panic as the deadline approaches and just want to "file something" to avoid penalties. This often creates more headaches down the road, especially when the amended returns trigger notices or additional scrutiny. My professional advice: File the extension, communicate clearly with your clients about what information you still need, and use the additional time to get everything right the first time.
Do you ever get pushback from clients when suggesting extensions? I have a few who seem to think an extension increases audit risk (though I've told them repeatedly this isn't true). Any tips for convincing stubborn clients?
I definitely get that pushback all the time! The audit risk myth is surprisingly persistent. What works best for me is showing clients the actual IRS data - extensions don't increase audit risk, but amendments definitely can. I explain that filing an extension is a standard, accepted practice that millions of businesses use every year. However, filing an amended return can sometimes trigger additional review. I frame the extension as the more conservative, safer approach that gives us time to maximize their legitimate deductions while ensuring compliance.
Question - if a client gives you incomplete info and the deadline is tomorrow, what's the better approach: 1) File with incomplete info to avoid penalties but note in your records you'll need to amend, or 2) File the extension and risk having an unhappy client who doesn't understand why they "have to wait" for their K-1?
Always go with option 2 and file the extension. Part of our job as professionals is educating clients about proper procedure, even when it's not what they want to hear. I explain to clients that while they might be eager for their K-1, receiving an incorrect one that later needs amendment could cause them much bigger headaches - potentially requiring them to amend their personal returns as well. Most clients understand when you frame it as protecting them from future complications.
Thanks for the advice! I ended up filing the extension yesterday and explained to the client that this was the proper approach. They were initially upset but calmed down when I explained how amendments could potentially affect their personal return and possibly increase scrutiny. Will definitely continue taking this approach in the future - better to have a momentarily unhappy client than create a bigger tax mess down the road!
Victoria Jones
It's actually somewhat common for brokerages to perform these recharacterizations automatically. I've worked in financial services for years, and here's what's likely happening: When you contribute to a Roth IRA but your modified adjusted gross income (MAGI) exceeds the limits, you're not eligible for the full contribution. Some brokerages monitor this and will automatically recharacterize the excess contribution to prevent their clients from facing the 6% excess contribution penalty that would otherwise apply every year until corrected. The "PJ" code combination is indicating a recharacterized amount (P) that also counts as an early distribution (J). The good news is this shouldn't trigger any penalties for early withdrawal since it's just moving funds between retirement accounts.
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Elijah Brown
β’So you think this is actually a helpful service from my brokerage rather than a mistake? I had no idea they would monitor my income and make adjustments like this. Is there any way I should have known this was coming? I never saw any notifications and was completely surprised by the 1099-R.
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Victoria Jones
β’Yes, it's definitely a helpful service - they're protecting you from potential penalties. Most brokerages include this information in their account agreements, but it's often buried in the fine print that nobody reads. They typically send notifications via your communication preferences (email, account message center, mail), but these can easily be missed. For future reference, you can usually see pending recharacterizations in your transaction history or on statements. They might be labeled as "recharacterization," "correction," or "adjustment." It's always a good idea to check if you're near the Roth IRA income limits. For 2024, the limits start phasing out at $146,000 for single filers and $230,000 for married filing jointly, so if you're in that range, keep an eye out for potential adjustments next year.
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Cameron Black
Has anyone actually calculated whether a recharacterization is better than just taking the 6% penalty? I'm in a similar situation but my 1099-R is for about $2800. If the penalty is 6% of that, it's only $168. Seems easier than dealing with all this tax form confusion.
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Jessica Nguyen
β’The 6% penalty isn't just a one-time thing though. It applies EVERY YEAR that the excess contribution remains in your account. So it's $168 this year, then another $168 next year, and so on until you remove the excess. Plus, you'd still need to file Form 5329 to report the excess contribution, which is another form to deal with. The recharacterization is definitely better long-term because it's a one-time fix with no penalties. Your money stays in a tax-advantaged account (just a traditional IRA instead of Roth) rather than paying penalties year after year.
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Cameron Black
β’I didn't realize the penalty was annual! That definitely changes things. $168 every year would add up pretty fast. Thanks for explaining - guess my brokerage did me a favor with the recharacterization after all.
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