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Ask the community...

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Nia Harris

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Important distinction people are missing here - you need to look at *why* your distributions exceed basis. If you've taken losses in previous years or claimed accelerated depreciation that reduced your basis, then yes, distributions beyond basis are capital gains. But if your distributions exceed basis because you're distributing more than the current year's income without having previous retained earnings, that could indicate that some of your "distributions" should actually be classified as salary (which is subject to employment taxes). The IRS looks closely at S corps taking minimal salary with large distributions. Make sure your salary meets the "reasonable compensation" standard for your industry and role before worrying about the tax treatment of the excess distributions.

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GalaxyGazer

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This is a really good point. How exactly does the IRS determine what's "reasonable compensation" though? Is there some formula or percentage they use?

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Nia Harris

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There's no specific formula or percentage the IRS uses to determine reasonable compensation. They look at several factors including your qualifications, duties and responsibilities, time and effort devoted to the business, dividend history, payments to non-shareholder employees, and what comparable businesses pay for similar services. Industry surveys and salary websites can provide benchmarks. For example, if you're operating as a consultant and taking $30K in salary while distributing $200K, that would likely raise flags. The best approach is to document how you determined your salary amount - gather data on comparable positions in your industry and geographic area, consider your specific duties, and keep records of your decision-making process in case of an audit.

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Has anyone used the S Corporation basis worksheet from Form 1120-S instructions? It's really helpful for tracking your basis from year to year and would answer your question immediately about whether distributions exceed basis. I'm an enrolled agent and see this issue all the time. Clients think they're getting capital gain treatment when actually they've been calculating their basis incorrectly for years.

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I haven't been using that worksheet specifically. Honestly, I've been relying on my tax software to track it, but I'm not sure it's doing it correctly given all the specialized circumstances with a single-member LLC that elected S status. I'll definitely check out that worksheet. Is it complicated to fill out if I have several years to catch up on?

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It's not overly complicated, but it does require information from your previous tax returns. You'll need your initial capital contributions, all reported income and losses from prior years' K-1s, any additional capital contributions, prior distributions, and certain adjustment items like charitable contributions. If you're catching up multiple years, I recommend starting with the earliest year and working forward. Each year builds on the previous year's ending basis. The worksheet is in the instructions for Form 1120-S (not in the form itself). It helps ensure you're considering all basis adjustments, including those often overlooked like nondeductible expenses and tax-exempt income. These items affect basis but are often missed by basic tax software, especially if you're using consumer-grade programs rather than professional tax preparation software.

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GalacticGuru

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Just want to add another angle here - if your company discovers this arrangement, it could be considered a violation of your corporate ethics policy. Many companies have specific provisions against circumventing policy limitations. I used to work in corporate compliance, and we would consider this a clear policy violation that could result in disciplinary action. Companies take matching gift programs seriously as they're part of their charitable budget and tax planning. The risk to your professional reputation might not be worth it.

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Ethan Taylor

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Do you think there's any legitimate way my coworker and I could structure this that wouldn't violate policies? What if he just gave me the money as a birthday gift with no strings attached, and then months later I happen to donate to that charity?

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GalacticGuru

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Even with separation in time, the arrangement is still designed to circumvent company policy, which is problematic regardless of how it's structured. Most corporate ethics policies look at intent, not just technical compliance. A legitimate alternative would be for your coworker to donate their full intended amount directly to the charity, and you could separately donate to the same charity if you genuinely support their cause. This way, both donations would be legitimate, the company match would apply appropriately based on actual employee giving, and there would be no ethical concerns. The charity might receive slightly less overall, but without any risk to your employment or tax standing.

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Has anyone considered that the charity might have ways to handle this situation? Many larger charities have programs for corporate matching optimization and might have legitimate solutions. I would suggest your coworker contact the charity's development office directly. They deal with matching gift situations all the time and might have proper ways to maximize the donation without creating problems.

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Great point! When I worked in nonprofit development, we had several approaches for donors in this exact situation. Some options included spreading the donation across multiple tax years, involving family members who could make legitimate donations, or exploring donor-advised funds which sometimes have their own matching programs.

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Why are we owing so much more on taxes this year despite withholding changes?

My husband and I are completely baffled by our tax situation this year. Last year we owed $2,300, so we both adjusted our W-4 forms to increase our withholding. I thought that would fix the problem, but now we owe $5,400!!! My husband is totally freaking out. Here's a breakdown of our financial situation: Me: - Wages: $132,450 - Medicare wages/tips: $141,200 - Federal tax withheld: $15,300 - SS tax withheld: $8,750 - Medicare tax withheld: $2,050 - Group term life insurance: $170 - 401K contributions: $8,200 - Employer health coverage: $10,250 Husband: - Wages: $98,200 - Medicare wages/tips: $98,200 - Federal tax withheld: $10,700 - SS tax withheld: $6,090 - Medicare tax withheld: $1,425 - Group term life insurance: $65 - Roth 401K contributions: $6,000 - Employer health coverage: $11,500 He also had: - Interest income: $7 - Dividend income: $2,715 - Capital losses: -$1,670 We have a house but our itemized deductions only came to about $21K so we took the standard deduction. Our total tax came to $31,600 Income tax withheld: $26,000 Amount we owe: $5,400 Does anything look weird here? Should we consider filing separately? I'm wondering if his Roth 401K would be taxed at a lower bracket if he files alone. We're trying to find a CPA who can see us before the deadline, but if that doesn't work out I'm thinking we should just pay the $5,400 and file an extension to figure things out. The timing couldn't be worse - we have our first baby coming in a few months and my husband is stressing about this unexpected tax hit. We have enough in savings to cover it, but I'd love to find ways to reduce what we owe. I'm worried we just didn't withhold enough despite the W-4 changes. Any advice would be greatly appreciated!

PrinceJoe

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Have you looked at whether you're hitting the Social Security tax cap? For 2025, the Social Security wage base limit is $168,600. If your combined incomes are higher than the cap, you might be overwithholding on Social Security at one job. It doesn't look like either of you individually is over the cap based on the numbers you shared, but something to consider for future planning. Also, consider adjusting your tax withholdings for the baby's arrival. You'll be eligible for the Child Tax Credit which could be worth up to $2,000, depending on your income. This could help offset some of your tax burden next year.

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Anita George

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That's good to know about the Social Security cap, though like you said we're both under it individually. I didn't realize the Child Tax Credit could be that significant! Would we need to adjust our W-4s again after the baby is born to account for the credit, or does that automatically reduce what we owe at tax time?

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PrinceJoe

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You'd need to update your W-4s again after the baby is born to account for the Child Tax Credit. It doesn't happen automatically during the year - it would only reduce what you owe when you file your taxes otherwise. On your W-4, you would indicate the dependent in Step 3, which would then reduce your withholding throughout the remainder of the year. When you update your W-4s, you'll probably want to do it soon after the baby is born to maximize the withholding adjustment for the rest of the year. Just be aware that the Child Tax Credit begins to phase out at higher income levels (starts phasing out at $400,000 for married filing jointly), but based on your income you should still qualify for at least a partial credit.

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I'd strongly recommend switching to scheduled quarterly estimated tax payments rather than trying to get withholding perfect. My spouse and I have similar incomes to yours, and we always owed at tax time until we started doing this. We calculate approx 25% of our projected annual tax and make quarterly payments directly to the IRS (due April 15, June 15, Sept 15, and Jan 15). It's way easier than constantly adjusting W-4s, especially with a baby on the way which will change your tax situation again.

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Owen Devar

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I second this approach. With our W-2 income plus investment income, quarterly estimated payments have been a lifesaver. The peace of mind knowing we won't have a surprise tax bill is worth the extra effort. Just make sure you're paying at least 100% of last year's tax liability (or 110% if your AGI was over $150,000) to avoid underpayment penalties.

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From my experience working with clients on OICs, the best approach for assets like damaged vehicles is to document everything thoroughly. Take clear photos of all damage, get written repair estimates on company letterhead (not just verbal quotes), and print out KBB values for various conditions. Then include a detailed statement with your OIC explaining why you believe the actual value is $X. Remember that the IRS is required to use "quick sale" value, which is typically 80% of fair market value anyway. So if KBB shows $7800 in good condition, quick sale would be around $6240. Minus your $4100 in repairs, that's about $2140. But instead of doing that math yourself, just present all documentation and let the IRS make the determination. Being transparent and thorough is your best bet.

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Carmen Reyes

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Thank you! This is super helpful. Do you know if there's any specific form I should use for the detailed statement about the car's value, or should I just include a regular letter with my documentation?

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There's no specific IRS form for an asset value explanation. Just create a simple letter titled "Vehicle Valuation Statement" that includes: - Vehicle details (year, make, model, mileage) - Description of current condition and issues - List of all supporting documentation you're including - Brief explanation of why you believe the value is what you're claiming Keep it factual and concise - about one page maximum. Include this in your OIC package right behind your Form 433-A (Collection Information Statement) where you list the vehicle.

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Just wanted to add a quick tip - when I did my OIC last year, I used the NADA guide instead of KBB for my car values. My revenue officer told me they often prefer NADA because it tends to be more conservative and realistic about used car values, especially for older vehicles with issues.

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Dylan Wright

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I've heard this too. My tax pro said the IRS internal guidelines actually reference NADA more often than KBB. Worth checking both!

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Why not just hire some preparers to work under you? That way they use their own PTINs but can work under your company's EFIN. I have 5 preparers who work for me each season, and they all have their own PTINs. I pay them either hourly or per return completed. You could start with just 1-2 preparers to handle the overflow work. Much safer than trying to buy credentials on the black market. Plus, you can expand your business without taking on all the work yourself.

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Ravi Patel

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Does each preparer need an EFIN too, or just a PTIN? And do they need to be employees or can they be contractors?

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They only need their own PTINs, not separate EFINs. The EFIN belongs to your business/practice, while PTINs are for individual preparers. You can have multiple preparers using one company EFIN. As for employment status, you can have them as either employees or contractors depending on how you structure things. Independent contractors are simpler administratively but the IRS has specific rules about who qualifies. If you're directing when and how they work, they're probably employees. Many of my preparers are seasonal employees during tax season only, which works well for both parties.

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Has anyone tried using a Virtual EFIN service? I've seen some advertised but not sure if they're legitimate or if it's just another term for illegally renting credentials.

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Nia Williams

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Those "virtual EFIN" services are just fancy marketing for the illegal practice of renting EFINs. There's no such thing as a "virtual EFIN" in IRS terminology. It's just credential renting with extra steps. I know someone who got caught up in one of those schemes last year and lost their ability to prepare taxes altogether. The IRS does monitor unusual patterns of EFIN usage and they've been cracking down hard.

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