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Something else to consider - if you only formed the S Corp in mid/late 2021, you might have income from early 2021 that was legitimately earned as a sole proprietor before the S Corp was formed. You need to make sure you're distinguishing between pre-S Corp income (which would go on Schedule C) and S Corp income (Form 1120-S). Also, if you didn't make a formal S Corp election with Form 2553, you might actually be a C Corp by default, which would be a whole different tax situation. Do you remember filing Form 2553?
That's a really good point. I started contracting around April 2021 and didn't form the S Corp until September. So I definitely had some income before the corporation existed. And yes, I'm pretty sure I filed the 2553 - the bookkeeper handled that paperwork and I signed it. I got something back from the IRS confirming the S election but I'd have to dig through my files to find it.
That's good you filed Form 2553 and have confirmation. Your approach should be to file two different types of returns for 2021 then: For January-August 2021, report your contracting income on Schedule C as a sole proprietor. This will be part of your personal 1040. For September-December 2021, file an 1120-S for your S Corporation. You'll need to report any reasonable salary you should have taken (even if you didn't actually run payroll) and any distributions you took from the business.
Jumping in to add another perspective - I went through something similar last year and learned that operating as an S Corp without proper salary payments can be a red flag. The IRS looks specifically for S Corps that don't pay reasonable salaries to owners to avoid payroll taxes. If you decide to keep the S Corp status and file 1120-S forms for those years, make sure you work with a tax pro to determine a reasonable salary amount. You might need to file amended payroll tax returns too.
Something that hasn't been mentioned yet - if you're staking through a DeFi protocol rather than a centralized exchange, the record-keeping gets WAY more complicated. I had to figure this out for my Curve and Aave staking. For DeFi staking, you'll need to track: 1. Initial deposit 2. Each reward distribution (and USD value at that moment) 3. Any compounding/restaking 4. Final withdrawal Make sure you're noting which blockchain everything happened on too, especially if you're staking across multiple chains.
Do you have any tips for tracking DeFi staking rewards if you were, hypothetically, completely disorganized and didn't track anything all year? Asking for a friend... š¬
If your "friend" hasn't been tracking anything, there are a few options! First, check if the DeFi protocols you're using have any dashboard that shows historical rewards - some newer ones do offer this. For most cases though, you'll need to use a blockchain explorer like Etherscan, Solscan, etc. Look up your wallet address and filter for the contract addresses of the staking protocols you used. You'll need to go through the transactions and identify the rewards. It's tedious but possible. Some tax tools can also retroactively analyze your on-chain activity and categorize staking rewards automatically. Worth the investment if you have significant DeFi activity, especially across multiple chains or protocols.
One more thing I didn't see mentioned - staking rewards may also be subject to self-employment tax if you're considered to be in the "trade or business" of crypto staking. This typically happens if your staking operation is substantial, involves significant time/effort, and you're actively managing it as a business activity. For most casual stakers with a few validators, ordinary income treatment (without SE tax) is appropriate. But if you're running a serious node operation and staking is your primary income source, you might need to consider SE taxes too.
Something to consider that hasn't been mentioned - if you have documentation showing you reported everything correctly, you should absolutely challenge this! The IRS makes mistakes ALL THE TIME. Last year they sent me a similar notice claiming I had "substantially understated" my income by not reporting a 1099-R distribution, but I had included it on the correct line of my return. I sent them a detailed response with copies of my return highlighting where I had reported the amount and a copy of the 1099-R form. They reversed the entire penalty about 8 weeks later. Don't automatically assume you're in the wrong!
How exactly did you format your response? Did you use any specific IRS forms or just write a letter explaining the situation?
I wrote a formal letter that referenced the notice number and my tax ID at the top. I didn't use a specific IRS form, but made sure my letter was very clear and organized. I started with a direct statement: "I am writing to request abatement of the substantial understatement penalty because all income was properly reported on my original return." Then I included a table showing exactly where each item appeared on my return with line numbers and amounts. I attached highlighted copies of both my filed return and the 1099 forms, with the relevant numbers circled. I find that making it super easy for them to see the evidence increases your chances of success. Don't make them hunt for information or they might just deny your request due to lack of clear documentation.
Has anyone used tax software to help deal with these kinds of notices? I'm wondering if TurboTax or H&R Block have any special features for responding to IRS letters about substantial understatement.
Most tax software doesn't have great features for handling notices after filing. TurboTax has an "audit support" feature but it's pretty basic - mostly just gives you general guidance. H&R Block offers actual representation if you pay for their Peace of Mind extended service, but that's something you have to purchase when you file, not after you get a notice.
Quick question - do S-Corps still get the 20% pass-through deduction (QBI) like sole props do? I heard something about income limits and wasn't sure if S-Corps have different rules for that.
Yes, S-Corps are eligible for the 20% Qualified Business Income deduction. The same income thresholds apply ($170,050 for single filers and $340,100 for joint filers in 2025). Above those thresholds, limitations based on W-2 wages and qualified property start to phase in. Actually, this is where S-Corps can have an advantage over sole props for high earners. Since you're paying yourself a W-2 salary, that can help you qualify for larger QBI deductions if you're over the income threshold. It's a bit complicated but basically your W-2 wages to yourself can help satisfy the wage limitation tests.
S-Corps are awesome but no one talks about how the IRS scrutinizes them more. My friend got audited specifically because he took too much in distributions compared to salary. They reclassified a bunch of his distributions as wages retroactively and he owed a ton in back taxes + penalties. Make sure your salary vs distribution split can pass the smell test!
Eloise Kendrick
OP, I think your situation definitely calls for a professional, but don't go back to H&R Block. They're overpriced for what they offer. Find an actual CPA who specializes in individual taxes. The stock sales alone make this worthwhile - especially if they were RSUs or options from your employer, which have special tax treatment. When I was in a similar situation (moved states, had stock sales), I missed some deductions doing it myself that cost me thousands. The next year I used a CPA who found errors in my previous return and helped me file an amendment that got most of that money back. The $500 I paid was totally worth it.
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KaiEsmeralda
ā¢Thanks for this perspective! I definitely won't go back to H&R Block after that experience. Do you have any tips on finding a good CPA who knows how to handle these interstate moves and stock issues? Is there anything specific I should look for or ask when I'm interviewing them?
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Eloise Kendrick
ā¢Look for a CPA who specializes in individual taxes rather than business taxes. Ask specifically about their experience with interstate moves and stock compensation (RSUs, options, etc). A good question is "how would you handle allocation of income between California and Oregon for a mid-year move?" Also ask about their approach to organizing those old 401ks - a good tax professional thinks beyond just this year's return. Check Google reviews, but also ask for referrals from colleagues in similar situations. Since you work for a large company, there might be others who've dealt with the same stock and relocation issues who can recommend someone.
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Lucas Schmidt
Anyone have recommendations for tax software if OP decides not to use a CPA? I had a somewhat similar situation (moved states, sold stock) but used FreeTaxUSA instead of TurboTax and saved a bunch of money while still getting all the forms I needed.
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Freya Collins
ā¢I'll second FreeTaxUSA. It handled my interstate move and stock sales for $15 (for the state return). Federal filing is completely free regardless of complexity. TurboTax would have charged me $120+ for the same forms.
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Lucas Schmidt
ā¢Thanks for confirming! I felt like I was taking a risk trying a less-known software but it worked perfectly. The interface isn't as pretty as TurboTax but it asks all the right questions and handles the complex scenarios at a fraction of the cost.
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