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Has anyone contacted the executor of the owner's estate? When a business owner dies, there's usually someone legally responsible for handling their affairs. That person might be able to authorize Paycom to provide the W2s or at least provide the payroll records so you can determine your wages and withholdings for the year.
That's actually a really good idea I hadn't thought of. I believe the owner's sister is handling his affairs, but honestly we've all been keeping our distance out of respect while she's grieving. Maybe I could reach out carefully and just ask if she has any information about the business accounts or records. The restaurant was doing well financially, so there must be some kind of bookkeeping or records somewhere.
Approaching with sensitivity is definitely the right move. You might frame it as wanting to properly close out your employment relationship with the business rather than just tax documents. The executor likely has legal access to business records that could help everyone involved. If there was a business accountant or bookkeeper separate from Paycom, they might also have records that would be helpful. Many businesses keep separate financial records beyond what their payroll service maintains.
I just went through something similar. If you have your last pay stub from December, it should show year-to-date totals for your earnings and all withholdings. Those numbers are basically what would be on your W2!
This is 100% the way to go. I worked payroll for years and the YTD on your final December paystub should match your W2 exactly for most regular employees. Only difference might be if you had taxable benefits added after the last payroll was processed.
Something nobody has mentioned yet - have you asked the apartment complex if they'll accept proof that you've submitted the ITIN application? Many places will let you sign the lease if you can show them the W-7 that's been submitted. Also, would they accept her as an occupant but not on the lease? That might be a workaround if you qualify for the apartment based on just your income.
Thanks for this suggestion! I actually tried asking if they would accept proof of application but they were pretty firm about needing the actual ITIN before finalizing the lease. I didn't think about the occupant vs. lease-holder distinction though - that's a really good idea. I'll check if my income alone meets their requirements. The only concern is that many places have rules about all adults living in the unit being on the lease. I'll definitely bring this up with them tomorrow. Really appreciate the suggestion!
Has anyone actually challenged an apartment complex on this requirement? My understanding is they need either an SSN or ITIN for credit check purposes, but a foreign national with no US credit history won't have a US credit report anyway, so what are they actually checking?
They use it for identity verification and for potential collections if you break the lease. Without an ITIN or SSN, they have no way to report to credit bureaus or track you down if you skip out on rent. Some places will accept a larger security deposit instead.
That makes sense, thank you. I hadn't considered the collections angle. I wonder if offering an additional security deposit might work in the original poster's case. Seems like that would address their concern about potential risk.
Here's a tip that many people don't know about: if this is your first time with an underpayment situation, you can often get the IRS to waive the penalty through what's called "First Time Penalty Abatement." You have to specifically ask for it though! I was in your exact situation 2 years ago with my side business. I called the IRS after I got the penalty notice (took forever to get through) and just politely explained that I didn't understand the quarterly payment requirements and asked if there was any relief available since I had always filed and paid on time before. They removed the entire penalty!
Do you have to wait until they assess the penalty before requesting abatement? Or can you be proactive and request it when you file?
You generally need to wait until they assess the penalty before requesting abatement. The IRS typically sends a separate notice about penalties after processing your return. When you get that notice, that's when you should call and request the First Time Penalty Abatement. You can't really request it proactively when filing because the IRS needs to calculate the penalty first. The good news is that if you qualify, they'll usually grant it without much hassle as long as you've had a clean compliance record for the previous 3 years.
Watch out for state taxes too! Everyone here is talking about federal, but depending on your state, you might owe there as well. I forgot about state taxes on my DoorDash income and got hit with penalties from both IRS and my state tax board.
This is such a good point. I'm in California and their underpayment penalties are actually worse than the federal ones. Had to pay almost 9% penalty on what I owed to the state.
One thing nobody's mentioned yet - make sure you respond to the LT38 by the deadline even if you're still sorting out the details! Those notices have strict deadlines and if you miss it, you could lose certain appeal rights. If you need more time, call the number on the notice and request an extension while you gather documentation. They'll usually give you an additional 30-60 days if you have a legitimate reason. Also, if you do end up owing money, look into a payment plan. The IRS offers reasonable monthly payment options, and once you're on a plan, they'll stop sending threatening notices.
That's really helpful - I was so focused on figuring out the correct amount that I hadn't thought about the deadline. The notice says I have 30 days to respond. If I request more time, does that stop any collection actions they might take?
Requesting more time usually pauses collection actions while your case is being reviewed, but it's not guaranteed. Make sure you get confirmation (ask for a transaction ID or confirmation number) when you request the extension. The safest approach is to send a written response by certified mail before the deadline stating that you're disputing the amount and gathering documentation to support your position. This officially stops the collections process while your case is reviewed. Then follow up with your complete documentation once you have everything organized.
Has anyone had success getting interest charges removed in situations like this? I had a somewhat similar issue where the IRS made an error processing my return, and by the time they figured it out, they had added over $800 in interest to my balance.
Jamal Harris
2 As a small business owner for 12+ years, I've tried both routes. Started with a tax preparer to save money, then switched to a CPA as things got more complex. My advice: For a NEW business, a CPA might actually be worth the extra cost upfront. They can help you set up the right business structure (LLC, S-Corp, etc.) which has HUGE tax implications. My biggest regrets came from not optimizing my business structure early on. A good CPA doesn't just file taxes - they help with strategy throughout the year. Mine checks in quarterly and helps me make smart decisions about equipment purchases, retirement contributions, and estimated tax payments. That said, if budget is tight, a tax preparer with small business experience is WAY better than trying to DIY everything. Just ask specifically about their experience with businesses in your industry.
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Jamal Harris
ā¢10 Do you think it's worth paying for quarterly meetings with a CPA if my business is still pretty small (making around $45k annually)? Or is that overkill at this stage?
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Jamal Harris
ā¢2 At $45k annual revenue, quarterly CPA meetings might be a bit much unless your business has unusual complexity. At that stage, I'd suggest an initial consultation with a CPA to set up your structure and accounting system correctly, then perhaps semi-annual check-ins (mid-year and year-end). Many small business owners at your stage do well with a solid tax preparer who has small business experience for the actual tax filing, combined with good bookkeeping software you maintain throughout the year. The key is keeping organized records all year, not scrambling at tax time. That approach gives you most of the benefits without the full CPA cost until your revenue justifies the added expense.
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Jamal Harris
13 Don't overlook Enrolled Agents (EAs)! Everyone always talks about CPAs vs tax preparers, but Enrolled Agents are federally licensed tax practitioners who often specialize in tax preparation and representation. They're usually more affordable than CPAs but have passed comprehensive IRS exams specifically about taxation. I've used an EA for my freelance business for years, and she's fantastic at finding deductions. She saved me over $3,800 last year compared to what I would have paid using online software! The credential to look for isn't always the most important factor - it's their experience with YOUR type of business. Ask any potential preparer how many clients they have in your specific industry and what their typical approach is to deductions in your field.
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Jamal Harris
ā¢19 I've never even heard of an Enrolled Agent! Are they allowed to represent you in an audit like a CPA can? How do you find a good one?
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