


Ask the community...
Just to add my two cents as someone who's been through this: even though you expensed these items under the de minimis safe harbor, they're still considered property distributions in a liquidation. BUT not all hope is lost! Look into Section 331 liquidations - as an S-Corp shareholder, you'll receive the property at FMV, which becomes your new basis in the property. Your gain/loss is the difference between that FMV and your stock basis. So if your overall S-Corp stock basis is high enough, you might not have much (or any) gain to recognize personally, even though the S-Corp itself recognizes gain that passes through to you.
Can you explain the stock basis part again? I thought the issue was the difference between original purchase price of the asset and current FMV? How does stock basis factor in?
So there are actually two separate tax events happening in a liquidation: First, the corporation is treated as selling its assets to you at FMV. Since the expensed items have $0 basis to the corporation, the entire FMV is gain that flows through to you as the S-Corp shareholder. Second, you're surrendering your stock in exchange for these assets. You recognize gain/loss based on the difference between the FMV of assets received and your stock basis. Your stock basis includes your original investment plus all income that's flowed through to you minus distributions over the years. If your stock basis is high enough (from retained earnings for example), it can offset the asset distribution value, potentially resulting in no additional gain at the shareholder level.
Has anyone actually liquidated an S-Corp where all assets were under the $2,500 safe harbor amount? I'm wondering if there's a simplified reporting method or if I really need to track down current values for literally every business expense I've ever had - staplers, desk chairs, the cheap printer, etc.?
I did this last year. My accountant had me focus only on items that still had meaningful value and could be sold on the secondary market. We didn't bother with office supplies, furniture under $200, etc. We documented everything with photos and current marketplace listings for comparable items. For really small stuff, we did group some items together as "office equipment" with a reasonable bulk value. The IRS isn't going to audit you over a $30 stapler, but they might care about that $2,000 computer or specialized equipment.
The penalties for not filing Form 3520 when required are BRUTAL! Either $10,000 or 35% of the gross value of the property, whichever is greater. Don't mess around with this one. My sister missed filing for a property gift from our grandfather in Colombia worth about $200k and got hit with a $70k penalty. She's been fighting it for years claiming reasonable cause, but the IRS has been extremely strict about this form.
Omg that's terrifying! Did she try getting help from the Taxpayer Advocate Service? I've heard they can sometimes intervene in these penalty situations especially if there was genuine confusion about the requirements.
She did contact the Taxpayer Advocate Service, and they were helpful in getting the IRS to actually review her reasonable cause argument. The process is still ongoing, but they've at least gotten the collection activities paused while they review her case. The TAS representative explained that the IRS considers several factors for reasonable cause: whether she tried to learn about filing requirements, if there was a history of compliance with other tax obligations, and if this was her first time dealing with international tax issues. Having documentation of her efforts to understand the requirements has been crucial to her case.
Just to add another perspective - make sure you also consider whether there's any INCOME generated by this property. If your foreign real estate produces rental income, you'll have additional reporting requirements beyond just Form 3520. I inherited a beach condo in Mexico and had to file: 1. Form 3520 for the initial gift 2. Schedule E for the rental income 3. Form 8938 because my total foreign assets exceeded the threshold 4. Form 5471 because we set up a Mexican corporation to manage the property The whole international tax situation gets complicated FAST.
Thank you for bringing this up. The property isn't currently being rented out, but I might want to do that in the future. Is there a good resource you found that explains all these different forms? I feel like I'm discovering new requirements every day.
The IRS has a decent publication called "U.S. Citizens and Resident Aliens Abroad" (Publication 54) that covers many of these requirements. There's also a specific section on their website about international taxpayers that lists the various forms. I found the most comprehensive help came from a tax attorney who specializes in international taxation. It was expensive, but worth it for the initial setup year. Once I understood all the requirements, I was able to handle most of it myself in subsequent years using tax software that supports international situations. Just be aware that not all tax software handles these specialized international forms well - you might need to use one of the more comprehensive packages.
I went through this exact situation last year! My attorney had been appealing for 4 years and I decided to take over. Here's what worked for me: 1) I waited until AFTER he completed that year's appeal and I paid him his portion. Clean break. 2) I sent a simple email: "Thank you for your services over the past years. I've decided to handle future property tax appeals myself going forward." 3) He actually responded with "No problem, good luck!" and that was it. The process itself wasn't complicated. I looked at the forms he had filed previously, gathered similar comparable properties, and submitted before the deadline. Saved myself over $1500 by keeping the full reduction. One tip - make sure you know your county's appeal deadline. I almost missed it the first year on my own because I didn't realize it was earlier than I thought.
Thanks for sharing your experience! That's encouraging to hear it went smoothly for you. Did your attorney try to argue that he was entitled to credit for teaching you the process or anything like that? I'm worried mine might try to claim I'm only able to do it myself because of his "expertise" he shared over the years.
Not at all! The agreement was for his services on a per-appeal basis, not for "teaching" me anything. It's like hiring a plumber - they don't get to claim a percentage of all future savings on your water bill just because you watched them fix your pipes. Property tax appeals are a standard process that anyone can learn. The forms and procedures are publicly available, and what constitutes a valid comparable property isn't some proprietary secret. Your attorney doesn't own the concept of property tax appeals. Just make sure you're not in the middle of an active appeal when you end things. Complete the current cycle, pay what you owe under your agreement, then notify him before the next cycle begins that you'll be handling it yourself going forward.
Just wondering - has anyone used one of those property tax appeal websites instead of doing it completely themselves? I'm in a similar situation with my tax attorney taking 50% but I'm worried about missing something if I do it all myself.
I used PropertyTaxLowerer.com last year and it was pretty good. Not free but WAY cheaper than giving up 50% to an attorney. They helped identify comps and filled out all the paperwork. I just had to sign and mail it.
Another thing to check - make sure your employer has you classified with the correct filing status. When I first started working in the US, my employer automatically set me as "Single" even though I should have been "Married Filing Jointly" which resulted in much higher withholding. Also check if you have any additional state or local taxes being withheld that you weren't expecting. Some cities have their own income taxes on top of federal and state.
This is so important! My company had me set as "Single" for my first 3 paychecks despite me telling HR I was married with kids. When they finally fixed it, the difference was huge. OP should definitely double check this!
Absolutely right! The difference between "Single" and "Married Filing Jointly" withholding can be substantial. In my case, it was almost a 15% difference in take-home pay. I'd also recommend looking at the actual pay stub carefully. Sometimes there are other deductions beyond just taxes - health insurance, retirement contributions, or other benefits that might be reducing the take-home amount. These can be especially confusing when you're new to the US system since benefit packages work differently than in many other countries.
Has anyone suggested the W4 Assistant tool on the IRS website? It's free and helps you figure out the right withholding for your situation. I used it when I first came here on my L1 visa. https://www.irs.gov/individuals/tax-withholding-estimator
That tool is super confusing for non-citizens though. It doesn't account for visa status at all and some of the questions don't even apply to people who just moved to the US. I tried using it last year and ended up more confused.
That's a fair point. The tool does assume a lot of prior knowledge about the US tax system that newcomers wouldn't have. I found I had to research several terms before I could even answer the basic questions. When I used it, I had already been in the US for about a year, so I had some understanding of how things worked. For someone completely new to the system, you're right that it might create more confusion than clarity.
Julia Hall
One thing nobody has mentioned - if you've been paying property taxes on this land since 2007, make sure you include those as part of your basis! They're considered carrying costs that can be added to your basis, reducing any potential gain. Also, don't forget to deduct any selling expenses like real estate commissions, legal fees, transfer taxes, etc. from the sales price before calculating your gain or loss. These little things add up and can make a big difference in what you ultimately owe!
0 coins
Arjun Patel
ā¢This is incorrect information. Property taxes cannot be added to your basis for inherited property. They're either deductible in the year paid (if you itemize) or not deductible at all. Only capital improvements can be added to basis.
0 coins
Jade Lopez
From what you described, this sounds like vacant land with just a shed - so I'm assuming you never made any significant improvements to the property between 2007-2024? If you did make any improvements (not just repairs, but actual improvements), those costs get added to your basis. For example, if you installed a well, added utilities, built any structures, cleared land, added roads or driveways - all of those would increase your basis and reduce any potential gain. Just something to consider if you did any work on the property during your ownership.
0 coins