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Ask the community...

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Charlotte White

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Former tax accountant here - one thing nobody mentioned yet about IRC Sec. 1377 elections is that sometimes neither option is clearly better for everyone. It really depends on: 1) When income was recognized during the year 2) When expenses were recognized 3) If there were any unusual transactions (asset sales, etc.) 4) What your personal tax situation is like In some cases, the remaining shareholders might want the election because the business lost money after you left (so they don't want to share those losses with you). In other cases, they might have had big gains after you left (so they don't want to allocate those to you). I'd demand to see month-by-month P&L statements at minimum before signing anything.

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Jasmine Quinn

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This is super helpful. They finally sent over some financial statements after we pushed back, and it looks like they had really uneven income - huge contract payment in April (after we left) and then pretty steady performance the rest of the year. Is there a simple calculation I can do to figure out my tax difference with vs without the election?

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Charlotte White

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The quick-and-dirty calculation is: Without election: Take your ownership percentage ร— (days you were owner รท 365) ร— company's entire year income With election: Take your ownership percentage ร— actual income during your ownership period only So if you owned 10% and were an owner for 59 days (through Feb 28), without election you'd get 10% ร— (59 รท 365) ร— full year income. With election, you'd get 10% of only what was earned through Feb 28. If that April contract was huge compared to Jan-Feb earnings, signing the election form would likely save you money. Remember though, the company's expenses matter too - not just income.

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Admin_Masters

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I had an issue with the IRC Sec. 1377 election last year and the remaining owners tried to pull a fast one on me. The key is to ask for the MONTHLY breakdown of: - Gross revenue - Major expenses - Any significant assets purchased/sold - Any debt taken on or paid off In my case, they were pushing hard for me to sign because they had major expenses coming in Q3/Q4 that would offset the income from earlier in the year. Without the election, I would have shared in those expense deductions. With it, they'd get all the deduction benefit.

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Matthew Sanchez

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Great advice. My company's CFO initially refused to provide monthly data when we asked. We had to have our attorney send a formal demand letter. Amazing how quickly the detailed statements appeared after that! Turned out they had accelerated some income before our departure and pushed expenses to after - totally trying to manipulate the situation.

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Ella Knight

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Just for future reference, if you need to file for previous years, TurboTax keeps prior year versions available. You need to use the correct year's software for each tax year - can't use 2023 TurboTax to properly prepare 2022 returns. You might have already done this correctly, but wanted to mention it for anyone else in a similar situation. Also, if you owed money for 2022, you're going to have late payment penalties and interest. If you were due a refund, you're fine - the IRS doesn't penalize you for filing late when they owe YOU money.

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William Schwarz

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This is super helpful! Quick question - how far back can you go with TurboTax for previous years? I haven't filed since like 2019 and I'm trying to get caught up without making the same mistake as OP.

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Ella Knight

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TurboTax typically keeps the last 7 years of tax software available, so you should be able to file returns back to 2019 without issues. You'll need to download the specific software version for each tax year you need to file. Start with your oldest return (2019) and work forward chronologically. Each year's return may affect the next, especially if you're carrying forward losses or credits. Just be prepared for potential late filing penalties if you owed taxes for those years. The IRS generally has a 10-year collection period for unpaid taxes, so it's definitely good you're getting caught up now.

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Lauren Johnson

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I did something similar last year and ended up getting both processed fine, but my 2022 refund took forever to arrive. I think filing an old year puts you in some kind of manual review queue. My 2023 refund came in like 3 weeks but the 2022 one took almost 3 months.

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Jade Santiago

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Yeah, prior year returns definitely get processed differently. The IRS prioritizes current year returns during tax season. Did you get any kind of notice or explanation for the delay?

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Sean Doyle

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One thing nobody's mentioned yet - you can avoid the whole estimated tax payment system if you increase your withholding at your W-2 job. Just update your W-4 with your employer to take out additional money each paycheck. I found this way easier than remembering to make quarterly payments. You can use the IRS withholding calculator to figure out exactly how much extra to withhold based on your expected 1099 income.

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Zara Rashid

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Does increasing W-2 withholding actually prevent underpayment penalties the same way estimated payments do? I thought those were treated differently by the IRS.

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Sean Doyle

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Yes, it absolutely works! The IRS doesn't care how you pay as long as enough tax is withheld throughout the year. W-2 withholding is actually treated even better than estimated payments because withholding is considered to have been paid evenly throughout the year even if it wasn't. For example, if you realize in December that you're going to owe more, you could have extra withheld from your last few paychecks. The IRS treats that withholding as if it had been paid evenly across all quarters, which can help you avoid underpayment penalties even if your first few quarters were underpaid. Many people find this easier than keeping track of quarterly payment deadlines. Just make sure you're withholding enough total to meet your safe harbor requirement (either 90% of current year tax or 100% of prior year tax).

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Luca Romano

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Has anyone found the self-employment tax to be the most shocking part of this? When I first started freelancing I budgeted for income tax but completely forgot about the additional 15.3% for SE tax. Ouch.

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Nia Jackson

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Try setting aside 30% of everything you make from 1099 work right when you get paid. I have a separate savings account just for taxes. That way you never "feel" like that money is yours to spend, and you're not scrambling at tax time.

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Nasira Ibanez

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One thing to keep in mind about using the Direct Payment method for extensions - make sure you keep the confirmation number they give you! I learned this the hard way last year. The IRS somehow lost track of my extension payment in their system, and when I got a failure-to-file notice with penalties, I had no proof I'd made the payment. Took months to sort out with multiple phone calls. Now I screenshot everything and save confirmations as PDFs.

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Khalil Urso

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Is there a way to check online if your extension was properly processed? I made a payment two weeks ago but I'm paranoid now after reading your comment.

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Nasira Ibanez

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Yes, you can check if your extension was processed by logging into your online account at IRS.gov. Go to the Tax Records section and look for the account history or payments section. You should see your extension payment listed there with the correct tax year and payment type. If you don't see it after about 5-7 business days, I'd recommend calling the IRS to confirm. Better to deal with it now than months later when penalties might have accumulated.

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Myles Regis

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I'm a bit confused about something... if I file an extension this way, is October 15th the new deadline for BOTH filing my return AND paying any remaining taxes I owe? My tax situation is complicated this year with a new business.

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Shelby Bauman

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This is a common misunderstanding. The extension only gives you extra time to FILE your return (until October 15th), not extra time to PAY what you owe. Any tax you owe is still due by the original April deadline. That's why you make an estimated payment when requesting the extension - to cover what you think you'll owe. If you don't pay the full amount you end up owing by the April deadline, you'll face interest charges and possibly penalties on the unpaid portion, even if you filed an extension.

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Kylo Ren

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Something that tripped me up with my 1042-S last year - make sure you check if you need to file Form 8833 to claim treaty benefits! If your university already applied a treaty exemption on your 1042-S (check Box 3 and 4 on your form), you might need to file this additional form with your return to properly report the treaty position. Also double check your withholding on the 1042-S. Many universities withhold at 30% if they don't have proper documentation, which could be way higher than your actual tax rate. You'll get this back as a refund when you file, but it's good to know what to expect.

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Wesley Hallow

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Thank you so much for mentioning Form 8833! I just checked my 1042-S and they did apply a treaty benefit (there's something in Box 3 and 4). Will that form be available in regular tax software or do I need something special to file it?

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Kylo Ren

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Most major tax software packages like TurboTax, H&R Block, and TaxSlayer have Form 8833 available, but you might need to specifically search for it as it's not always included in the standard interview process. Some of the free filing options might not include this form. When you complete Form 8833, you'll need to reference the specific treaty article that applies to your situation. This information should be mentioned on your 1042-S in Box 13j typically. You'll also need to provide a brief explanation of the treaty benefit you're claiming. Don't worry too much about the technical language - just clearly state what type of income is covered (scholarship, fellowship, etc.) and which country's treaty applies to you.

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Nina Fitzgerald

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Quick tip from someone who's dealt with 1042-S forms for the past 3 years - the extension you filed covers everything on your personal return (including 1042-S income), but double check that you don't also need to file Form 8843 if you're a nonresident alien or were one during part of the tax year! That form has a different deadline and isn't automatically extended with Form 4868.

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Jason Brewer

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Is that form 8843 required even if you're just getting a small amount on a 1042-S? I got one for a $500 prize from a contest but I'm a US citizen. Do i still need that form?

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