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Here's what I did with my S-Corp for home office: I set up a rental agreement where my S-Corp pays me $800/month to rent my home office space. I report this as rental income on Schedule E, but then I deduct all the expenses related to that space - utilities, internet, cleaning, repairs, insurance, plus depreciation on that portion of the home. My accountant said this approach is better than the accountable plan for my situation because I can still claim depreciation on my personal return. The rental income and expenses mostly offset each other, but I still show a small profit to avoid raising red flags about a consistent rental loss. For your old $11k from Schedule C years, that's already "used up" as far as current deductions, but it does affect your basis when you sell. Make sure you keep those old returns!
Does your S-corp pay you a reasonable salary too? I heard the IRS gets suspicious if you do the rental agreement but don't take much salary since it looks like you're trying to avoid payroll taxes. Wondering how you balance this?
Yes, absolutely! I pay myself a salary of $92,000 which is in line with industry standards for my role and region. The rental agreement is completely separate from my salary arrangement. The IRS does indeed look closely at S-Corps that try to avoid payroll taxes by taking distributions instead of reasonable compensation, so I'm careful to maintain proper documentation for both arrangements. The home office rental is properly documented with a formal lease agreement, market rate analysis, and clear separation from my compensation structure. My accountant reviews everything annually to make sure I'm in compliance.
Has anyone actually gotten audited over the transition from Schedule C to S-Corp with home office deductions? I'm in the same situation, had about $9k of accumulated Form 8829 depreciation, then formed an S-Corp last year. My tax guy says not to worry, but I keep hearing horror stories about S-Corp audits.
A friend of mine did! He didn't properly document the switch from Schedule C to S-Corp and didn't set up either an accountable plan or rental agreement. The IRS disallowed a bunch of home office expenses his S-Corp had been deducting and hit him with penalties. They were especially interested in the depreciation from his Sch C years. Make sure you have proper documentation!!!
The thing that most people miss with RSUs is the basis reporting on Form 8949. When your RSUs vest, the FMV becomes your W-2 income AND becomes your cost basis for those shares. If you sold shares to cover taxes, you need to report those sales with the adjusted basis. Here's how to fix this: 1) Get your original Form 8949 that you filed 2) Create a corrected version showing the proper basis for each RSU transaction 3) Include a statement explaining the connection between your W-2 RSU income and the 1099-B transactions 4) Reference IRS Publication 525 which specifically addresses RSU taxation The most important part is proving that you're not trying to avoid taxes - you already paid them through your W-2 withholding at vesting.
Does this same process work for ESPP shares? I received a similar notice but for my employee stock purchase plan discounts.
For ESPP shares it's similar but with important differences. The discount you receive when purchasing ESPP shares isn't reported on your W-2 (unlike RSUs). Instead, you report the discount as ordinary income when you sell the shares. If you held the shares long enough for a qualifying disposition (generally 2 years from offering date and 1 year from purchase), you report the discount as ordinary income and any additional gain as capital gain. For disqualifying dispositions (selling earlier), you report the discount as ordinary income and the rest as capital gain. Make sure your Form 8949 correctly identifies the basis adjustment for the discount portion. Include documentation showing your purchase price, the fair market value at purchase, and your sale details.
I had almost the EXACT same situation last year! My CP3219A was for $12,450 in supposedly unreported income from RSUs. Here's what worked for me: 1. I called my broker and had them create a special statement that specifically showed which 1099-B transactions were from RSU vesting events 2. Got a letter from my employer confirming the exact RSU value included in my W-2 Box 1 3. Created a spreadsheet matching each RSU transaction to the corresponding vesting date and W-2 income 4. Wrote a cover letter explaining the double-counting mistake 5. Filed Form 8949 with a statement in column (f) for each transaction saying "BASIS ALREADY REPORTED AS INCOME ON W-2" The IRS accepted everything and closed the case. Don't panic - this is fixable!
Did you need to use a tax professional for this or were you able to handle it yourself? I just got a CP3219A for $9,200 and I'm trying to figure out if I can DIY this response or if I need to hire someone.
Something important to consider - there's a specific IRS Form 8948 for "Reasonable Cause" waiver requests. Given your health situation, you might qualify. The IRS takes illness seriously as a reasonable cause for failing to make estimated payments, especially if you can document that your condition prevented you from managing your tax obligations. When you file, attach a detailed letter explaining your medical situation and why it prevented you from handling your tax withholding or making estimated payments. Include any relevant documentation like doctor's notes or hospital records (with personal details redacted). You might still owe the tax, but the penalties could be waived completely.
Is Form 8948 something that can be e-filed or do you have to mail everything in? I'm in a similar situation but I really don't want to paper file if I can avoid it.
There's actually no Form 8948 specifically for reasonable cause - I apologize for the confusion! What you need to do is write a penalty abatement letter explaining your reasonable cause (your illness) and attach any supporting documentation. If you're e-filing, you'd need to mail this letter and documentation separately after filing. Reference your SSN and tax year on all documents. While you can e-file your return, the reasonable cause request typically needs to be mailed separately. Some tax software allows you to include a brief statement with your e-filed return, but a formal request with documentation will need to be sent by mail for proper consideration.
One thing to consider is making an estimated tax payment NOW before filing season starts. It won't eliminate all penalties since it's late, but it will stop them from continuing to accrue. The 4th quarter estimated payment deadline for 2024 is January 15, 2025.
Definitely this! You can make an estimated payment online using IRS Direct Pay. It's super easy and takes like 5 minutes. Way better than owing a giant lump sum when you file.
Just to simplify AGI calculation: 1. Start with ALL income (wages, 1099, interest, dividends, capital gains, etc) 2. Subtract ONLY "above-the-line" deductions: - Traditional IRA contributions - Student loan interest - HSA contributions - Self-employed health insurance - SEP/SIMPLE/401k contributions for self-employed - Alimony paid (for pre-2019 divorces) - Educator expenses - Some business expenses Taxes withheld throughout the year have NOTHING to do with AGI. And standard/itemized deductions come AFTER AGI calculation.
What about 401k contributions through my employer? And health insurance premiums? I'm confused if those count as "above-the-line" deductions or not.
Employer 401k contributions and pre-tax health insurance premiums are already excluded from your W-2 Box 1 wages. They've already reduced your reported income before you even start calculating AGI. That's why they don't appear as separate "above-the-line" deductions on your tax return - they've already been accounted for. This is different from things like traditional IRA contributions which you make separately from your paycheck, so those need to be deducted as a specific adjustment to income.
One thing that helped me understand AGI is looking at the 1040 form itself. If you look at the first page of your 1040, everything above the "adjusted gross income" line (line 11 on recent forms) is part of the AGI calculation. This includes all your income sources at the top, then all those adjustments/deductions in the "Income" section. Anything listed in the "Adjusted Gross Income" section gets subtracted to arrive at your final AGI. Standard/itemized deductions and qualified business income deductions all come AFTER the AGI line, so they don't affect AGI calculation at all.
Thank you SO MUCH to everyone who responded. This makes so much more sense now. So in my original example with $230k gross income and $9,800 in deductions, my AGI would depend on WHICH deductions those are. If those $9,800 were all "above-the-line" deductions like traditional IRA, HSA, etc., then my AGI would be $220,200. But if some of those deductions were itemized deductions like mortgage interest or charitable donations, those wouldn't affect my AGI at all. And the $78k in taxes I paid throughout the year is completely irrelevant to AGI calculation. This clears up my confusion completely!
Dylan Cooper
I'm in a similar unmarried situation and just had a consultation with a CPA about this. Here's what might help: 1) Have you calculated the difference between what you'd gain by filing HOH vs what your boyfriend might lose in healthcare subsidies? Sometimes the higher-earning parent filing HOH and claiming the kids provides more overall family benefit even if there's a small premium increase. 2) Make sure you're considering the Child Tax Credit which is up to $2,000 per qualifying child for 2024 tax year. This could be significant with two kids. 3) Look at childcare expenses if applicable - the Child and Dependent Care Credit might be more valuable to you as the higher earner. The best solution is usually to run the numbers both ways (you claim kids vs. he claims kids) and see which produces the best overall result for your household.
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Sofia Perez
Did either of you use those Premium Tax Credits for the Obamacare plan? If so, be super careful about changing who claims the kids because it can cause major headaches with the Form 8962 reconciliation. My partner and I did this wrong one year and ended up owing $3200 back to the IRS because the subsidy was calculated based on different info than what we filed.
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Andre Dubois
ā¢OMG I didn't even think about that. Yes, he definitely gets a subsidy that makes the insurance affordable. How do we avoid a big surprise bill? Did you find a way to fix this issue going forward?
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Sofia Perez
ā¢To avoid the surprise bill, you need to update your Marketplace application ASAP to reflect your actual tax filing intentions. Log into healthcare.gov (or your state marketplace) and report a "life change" to update who will be claiming the kids as tax dependents. For fixing it going forward, we set a calendar reminder for every December to review our tax and insurance situation before the new year. We also printed out IRS Publication 974 which explains the Premium Tax Credit rules and read through the sections on shared policies. It's complicated but worth understanding! The good news is that if you're proactive about informing the Marketplace, you can usually avoid any negative impact on either the tax or insurance side.
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