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One thing nobody's mentioned yet - if you miss the 2 month 15 day window but still want S-corp status for the entire year, you can file Form 2553 and write "PURSUANT TO REV. PROC. 2013-30" at the top. Under Rev Proc 2013-30, the IRS provides automatic relief if: 1) You intended to be an S-corp 2) You file Form 2553 within 3 years and 75 days of the date you wanted the election to take effect 3) You have reasonable cause 4) All shareholders reported income consistent with S-corp status This saved me last year when I messed up my timing!
Does this Rev Proc 2013-30 actually work though? I've read horror stories about people thinking they qualified for relief but then getting rejected.
It absolutely works, but you have to make sure you meet ALL the requirements. The most important is that your shareholders (which is just you if you're a single-member LLC) have filed their personal returns consistent with S-corp status. That means if you're trying to get S-corp status for 2023 after the deadline, you'd need to have filed your 2023 personal return as if you were an S-corp owner (reporting K-1 income, not Schedule C). The IRS is actually pretty lenient with this relief procedure for small businesses. I submitted mine with a simple statement explaining I didn't understand the election timing requirements, and it was approved without any questions.
Just to add a practical note as a fellow photographer who went LLC/S-corp last year: remember that once you're an S-corp, you MUST pay yourself a reasonable salary through payroll with proper withholding. This is the #1 audit trigger for S-corps. I set my salary at about 60% of my net profits based on industry averages for photographers, and I use Gusto for payroll which makes it super simple. The remaining business profit passes through to my personal return without self-employment tax, which saved me about $7,300 last year. Worth all the extra paperwork!
What's a "reasonable salary" though? I've heard everything from 30% to 70% of profits and I'm confused about what's actually required.
19 Former tax preparer here. The reality with FBARs is that they're primarily an information reporting tool. The penalties are designed for people who deliberately hide foreign accounts, not for those making good faith efforts with minor errors. I've seen clients stress over tiny mistakes like yours, but in my experience, the IRS has never pursued penalties for the type of errors you're describing. The fact that you over-reported a balance actually works in your favor. And postal codes? That's just not material to what they're looking for.
7 Is there any downside to just filing an amendment anyway, even for these small issues? I always prefer to have everything 100% accurate, even if it's something minor.
19 There's no significant downside to filing an amendment if it gives you peace of mind. It's easy enough to do - just check the "amended" box on the form and explain the corrections in the comments section. That said, it's important to maintain perspective about what these forms are for. They're designed to track significant foreign assets, not to trap people over typos or minor administrative details. In my years of practice, I never saw the IRS pursue anyone for good-faith mistakes of the type you're describing. Your time might be better spent ensuring your current and future filings are accurate.
3 I made a similar mistake last year but with a bigger dollar amount (about $5k due to conversion issues). I called my accountant freaking out and she laughed and told me not to waste time on an amendment. She said as long as you're reporting the accounts and not deliberately hiding anything, the IRS generally doesn't care about small errors that are in their favor. Just make sure your future filings are accurate!
14 This seems like dangerous advice tbh. The penalties for FBAR violations can be insanely high. Isn't it better to be safe than sorry?
Don't forget that when you claim your niece as a dependent, you might qualify for Earned Income Credit too, depending on your income. This could be a pretty significant credit! Make sure whatever tax software you use asks about this or that you mention it to your tax preparer. Also, keep track of any medical expenses you paid for your niece. If your total medical expenses for the year exceed 7.5% of your adjusted gross income, you can deduct them if you itemize.
Thanks for mentioning the EIC! I make about $42,000 a year as a dental assistant, would that income level qualify me for the Earned Income Credit with two dependents? And I actually did pay for some doctor visits and prescriptions for my niece when she got strep throat this year, so I'll definitely save those receipts.
Yes, with an income of $42,000 and two qualifying dependents (your daughter and niece), you should qualify for some amount of Earned Income Credit. For 2024, the income limit for EIC with two qualifying children is around $55,000 for a single filer or head of household, so you're well within the range. Definitely keep those medical receipts! While you might not exceed the 7.5% AGI threshold for medical deductions, it's always good to track everything. Also, don't forget about any education expenses for both children - there might be credits available for those as well, like the American Opportunity Credit or Lifetime Learning Credit when they're older.
I just want to point out something important - make sure your sister doesn't also try to claim your niece on her taxes! Even if she didn't work, she might file to get refundable credits, and the IRS will reject both returns if the same dependent is claimed twice. Have a clear conversation with your sister about this. Maybe even get something in writing. I've seen family drama happen over this exact situation.
This happened to my brother and his ex-wife! Both claimed their daughter and it was a MESS. His refund was delayed for months while the IRS sorted it out. They even had to submit additional documentation to prove who provided the most support.
Exactly! And what makes it worse is that these conflicts can trigger correspondence audits which can delay refunds by months. The IRS typically sends notices to both parties asking for proof of eligibility to claim the dependent. The person who doesn't have the right to claim the dependent but filed first can cause major headaches for the rightful claimant. That's why it's so important to have that conversation early and get something in writing, even if it's just a simple signed statement that can be kept with tax records.
One thing nobody's mentioned yet - be super careful about the business use percentage. The IRS is really picky about luxury vehicles, and a Lexus definitely falls in that category. If you claim 100% business use, you'd better have immaculate records. I made the mistake of claiming 100% business use on my Mercedes GLE, and got audited two years later. Had to produce a mileage log showing every business trip, purpose, etc. Since I didn't have perfect records, the IRS reduced my business percentage to 60%, and I had to pay back a chunk of depreciation plus penalties. Consider being conservative and maybe claiming 80-90% business use if that's more realistic and easier to document. Also, take photos of the odometer at the beginning and end of each year as additional proof.
That's a great point about documentation - I hadn't considered how much more scrutiny a luxury vehicle might get. Do you think it matters if I use actual expenses vs. standard mileage rate when it comes to audit risk? And were there specific record-keeping issues the IRS focused on during your audit?
In my experience, using actual expenses (like you'd need to do for depreciation) definitely increased the scrutiny compared to standard mileage rate. The IRS agent specifically told me that luxury vehicles using actual expense method are flagged more frequently. During the audit, they focused heavily on three things: 1) Contemporaneous mileage logs (they wanted to see that I recorded trips when they happened, not recreated later), 2) Documentation of business purpose for each trip, and 3) Evidence that I had another vehicle for personal use. They were very skeptical of my claim that the Mercedes was 100% business when I didn't have another car in my name. My advice: keep a dedicated app or logbook in the car, document every single business trip with purpose and mileage, take periodic odometer photos, and keep all maintenance records showing the mileage progression. If you're claiming 100% business use, they'll want to see how you handle personal transportation.
Something to consider about luxury vehicles - they fall under "listed property" rules with stricter depreciation limits. For 2025, luxury passenger vehicles have these annual depreciation limits: $11,880 for year 1 $19,000 for year 2 $11,400 for year 3 $6,840 for years 4-6 So your straight-line calculation of $15,600/year ($78K Γ· 5) won't work. You'll be limited by these caps, which stretches your depreciation period longer than 5 years. This actually works in your favor for the conversion scenario. Since you'll have more remaining basis when you convert to personal use, you'll have less gain to recognize if you later sell for a good amount. Also, check if your Lexus weighs over 6,000 pounds loaded (GVWR). If so, it might qualify as a heavy SUV that avoids these luxury limits.
KylieRose
Don't forget that you also need to determine the building-to-land ratio since you can only depreciate the building portion! Many people miss this and try to depreciate the entire purchase price, which is incorrect. Check your property tax assessment - it usually has a breakdown of land vs. improvement (building) values. You can use that ratio as a reasonable method for your depreciation calculation.
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DeShawn Washington
β’Thanks for bringing this up! Do you know if I need any special documentation to prove the building-to-land ratio I use? And would it be better to use the ratio from when I purchased or from when I converted to a rental?
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KylieRose
β’You don't need special documentation, but you should keep records of how you determined the ratio. The property tax assessment is generally considered reasonable support if the IRS ever questions it. You should use the ratio that applies at the time of conversion to rental use, not the original purchase. The ratio could change over time as land and building values appreciate at different rates.
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Miguel HernΓ‘ndez
Has anyone used TurboTax for handling this situation? I'm trying to figure out if their software can properly handle the depreciation calculation for a converted property or if I need something more specialized.
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Sasha Ivanov
β’I used TurboTax last year for my converted rental. It walks you through the process step by step and asks all the right questions about purchase price, FMV at conversion, and building/land allocation. Just make sure you have all your documentation ready before you start.
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