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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.
Another weird thing about Roth IRAs that confused me is how the contribution limits work across different accounts. Like if you have both a Traditional and Roth IRA, the combined limit for 2022 was $6,000 total (or $7,000 if you're over 50). I thought each account had its own separate limit at first. Also, don't forget that your ability to contribute to a Roth phases out at higher incomes. For 2022, it starts phasing out at $129,000 for single filers and is completely phased out at $144,000. For married filing jointly, it's $204,000-$214,000.
Wait, what if I already contributed to my employer's 401k? Does that reduce how much I can put in my Roth IRA? And do rollovers from previous employer 401ks count against the contribution limits?
Contributing to your employer's 401k doesn't reduce how much you can put in your Roth IRA. The limits are completely separate, so you can max out both if you have the funds. For 2022, you could contribute up to $20,500 to your 401k AND still put $6,000 in your IRA. Rollovers from previous employer 401ks to an IRA don't count against your contribution limits at all. You can roll over any amount without affecting your ability to make your annual IRA contribution. That's actually a great way to consolidate your retirement accounts without using up your yearly contribution space.
Just a heads-up for anyone considering making retroactive 2022 contributions - don't forget to tell your broker WHICH TAX YEAR the contribution is for!! I made a contribution in March thinking it would automatically count for 2022, but they defaulted it to 2023. Had to call and have them fix it. Also, keep good records! I got super confused during tax time because I had made contributions in January 2022 (for 2021) and then more contributions throughout 2022 (for 2022). The 5498 form you receive won't arrive until May, so you need to track this yourself.
So true! My Vanguard account defaults to the current year unless I specifically select the previous year. Does anyone know if there's a way to fix this if you realize the mistake after a few months? Like if I contributed in February but just now realized it went to the wrong tax year?
If you catch the mistake within the same tax year, you can usually get it fixed by calling your brokerage. They have a process for redesignating contributions to the correct tax year. But there's a deadline - you can't redesignate after the tax filing deadline (April 18th this year). If you discover it after the deadline passed, it gets much more complicated. You might face excess contribution penalties if the mistaken designation put you over the limit for a year. Some brokerages will work with you on this issue, but it's always best to triple-check the year designation when making contributions between January and April!
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.
Levi Parker
Another possibility no one's mentioned - check if you opted to purchase audit protection or some other add-on service when you filed your taxes. A lot of tax prep software offers "audit defense" or "audit protection" for around $40-70, and some have more comprehensive packages in the $200-400 range that get automatically added to your filing fees and deducted from your refund. Sometimes these get added during the filing process and people don't realize they've opted in. Worth checking your tax prep confirmation email or logging back into the software you used to verify all the fees.
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KingKongZilla
ā¢This is actually a great point that hadn't occurred to me! I just checked and you're absolutely right - I apparently signed up for their "Complete Protection Bundle" for $425 which got deducted from my federal refund. The description shows it includes audit defense, tax expert assistance, and identity protection. I honestly have zero recollection of agreeing to this! Must have clicked through too quickly during the filing process. That plus the standard $75 processing fee accounts for almost exactly the missing amount. Mystery solved! Thank you so much for suggesting this - I would have continued freaking out while waiting for some explanation from the IRS that was never going to come. Lesson learned to pay more attention to those "recommended" add-ons during the filing process.
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Libby Hassan
Happened to my cousin too! Turns out when he used TurboTax he got that "Audit Defense" thing without realizing it. Check your confirmation email from whatever tax software you used. Should show all fees and if they were taken from your refund.
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Hunter Hampton
ā¢The tax prep companies are so sneaky with this stuff. They make those screens with the add-on services look like you NEED to select something, when really "none" is an option they hide or make look risky. I almost got charged $200 for their "MAX" bundle until I noticed and unchecked it.
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