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19 Another option that hasn't been mentioned is adjusting your state withholding separately. In many states, you can fill out a state-specific withholding form that's different from your federal W-4. I found out last year that even though I had my federal withholding dialed in perfectly, I was still having way too much withheld for state taxes. Check your state's tax department website - they usually have forms and calculators specifically for state withholding.
14 Oh I didn't realize state withholding was separate! Does changing your federal W-4 automatically adjust your state withholding too, or do you have to do both separately?
19 It depends on your state. In some states, your state withholding is based on your federal W-4, so changing one affects the other. But many states have their own withholding forms. For example, states like California (DE 4), New York (IT-2104), and Illinois (IL-W-4) have their own forms. Your employer's HR department should know which forms apply to your state. If you only adjust your federal withholding, you might still get a large state refund, so it's worth looking into both!
12 Careful about adjusting too much! My brother tried to get his refund to zero and ended up OWING $800 at tax time, which he wasn't prepared for. Maybe aim for a small refund of a few hundred as a cushion in case your tax situation changes during the year.
5 This is really good advice. I always aim to get a small refund (around $500) rather than break even exactly. Life changes happen - you might get a raise, have a side gig, or have investment income you didn't expect. That small cushion helps prevent a surprise tax bill.
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One thing nobody's mentioned yet - check with your state tax authority too! Federal Section 121 exclusion is one thing, but some states have different rules or interpretations about primary residence. In my case (WA state), I had to provide additional documentation to prove my home was still my primary residence despite being gone for 16 months. I needed copies of my voter registration, utility bills (even though they were minimal since I wasn't there), and property tax statements. The county tax assessor had initially questioned my homestead exemption because a neighbor reported my house was "abandoned" when I was traveling. What a nightmare that was to clear up!
Thanks for bringing this up! I'm in Arizona - do you know if there are any specific state rules I should look into? I've maintained all my utilities and have been paying someone to check on the house monthly and do basic maintenance.
Arizona is actually pretty reasonable with their rules from what I know. The key is that you've maintained the utilities and have someone checking on the place - that shows intention to return and ongoing maintenance of the property as a residence. Check with the Arizona Department of Revenue to be sure, but they generally follow federal guidelines for primary residence. The fact that you've been paying for maintenance is a strong indicator that you haven't abandoned the property. Just make sure you have documentation of those payments for the maintenance person as additional proof if needed.
Has anyone actually been audited on this specific issue? I'm wondering because I'm in almost the exact same situation (traveling since 2021, selling house in 2025) and I'm curious what documentation the IRS actually requested.
I went through an audit in 2022 for my 2020 taxes that included questions about my primary residence status. They asked for: - Voter registration - Driver's license - Where my vehicles were registered - Bank statements showing my address - Tax returns from previous years - Utility bills - Homeowners insurance They never asked for proof I physically occupied the house for X days. It was all about where my legal ties were established.
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There's a specific court case that addresses exactly this situation - Ruckriegel v. Commissioner. The Tax Court ruled that when an S corporation shareholder arranged for a loan from another entity they controlled, rather than lending the money directly themselves, the shareholder did not obtain basis in the S corporation. You should also look up "back-to-back loans" which can sometimes work if properly structured and documented. This is where your other entity loans you the money personally, and then you immediately loan it to the S Corp. But the documentation must be meticulous with separate loan agreements, reasonable interest rates, and actual cash transfers between all parties.
Thanks for that specific case reference! I'll definitely look up Ruckriegel v. Commissioner. If I wanted to fix this going forward, could I restructure the existing loans into back-to-back loans now, or would I need to pay off the current loans and start fresh with new properly structured loans?
For existing loans, you generally need to unwind them first before creating a proper back-to-back loan structure. Having your S Corp repay the affiliated company, then having the affiliated company loan to you, and you loan to the S Corp. Document each step with proper loan agreements. If unwinding isn't feasible due to cash flow constraints, consider a debt restructuring where the S Corp's debt to the affiliated company is replaced with debt to you personally. This requires proper documentation showing the affiliated company releasing the S Corp from its obligation and you becoming the creditor. You'll also need to show actual consideration for taking over the loans. Be aware that restructuring rather than unwinding and creating new loans faces higher scrutiny from the IRS.
I'm confused about something related - does an increase in basis from loans affect the ordering rules for distributions? I have S Corp operating losses but also took some distributions this year. Would properly structuring the loans as suggested here help with the distribution ordering rules?
Yes, basis impacts distribution ordering rules. S Corp distributions are tax-free to the extent of your stock basis, while distributions in excess of basis are generally treated as capital gains. When you properly structure loans to create debt basis, it doesn't directly affect the taxability of distributions (which are measured against stock basis, not debt basis). However, having sufficient basis (both stock and debt) allows you to claim losses, which preserves more of your stock basis for distributions. The ordering matters: First, stock basis is reduced by non-dividend distributions and losses. Only after stock basis is exhausted would debt basis be reduced by remaining losses. So properly structuring loans helps ensure you can take losses without creating taxable distributions.
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You might want to request a hold on collections while they review your case. When I had a similar situation, I sent in Form 911 (Taxpayer Advocate Service request) and they put a temporary hold on collections while sorting everything out. The double counting of W-2s is actually a pretty common issue in their automated matching system.
Does requesting a hold on collections affect your credit score or create any other problems? I'm dealing with something similar but worried about making things worse.
Requesting a hold doesn't affect your credit score at all. The IRS doesn't report to credit agencies unless they've actually filed a tax lien, which wouldn't happen at this early stage in the process. The Taxpayer Advocate Service is actually designed specifically to help in situations like this where there's a clear error or hardship. Many people don't realize it exists, but they can be incredibly helpful when dealing with issues that aren't getting resolved through normal channels.
Make sure u keep EVERYTHING. All paperwork, copies of letters, proof of mailing (use certified mail!), and notes from any phone calls including agent ID numbers. IRS lost my response twice before and tried to say I never responded. The burden of proof is on you unfortunately.
This happened to me too! I sent in all the documentation and they claimed they never received it, then hit me with additional penalties. What did you end up doing to resolve it?
Danielle Mays
Don't overlook checking if your original tax return was actually correct. I thought I owed $12k in back taxes until I had a tax professional review my return. Turns out I had missed several deductions as a self-employed person. Filed an amended return and my liability dropped to around $7,500. Worth spending a few hundred bucks on a CPA review if you did your taxes yourself originally. Even if you used software, it's only as good as the info you put in.
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Roger Romero
•What kind of deductions did you miss? I'm self-employed too and worried I might be overpaying.
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Danielle Mays
•The biggest ones I missed were home office deductions (I was afraid of an audit so I skipped it entirely), health insurance premiums (which are deductible for self-employed people), and retirement plan contributions. I also hadn't properly calculated my business mileage. The CPA also helped me properly categorize some expenses I had lumped together as "miscellaneous" which gave me more legitimate deductions. Even things like a portion of cell phone bills and internet costs can be deductible if you use them for business.
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Anna Kerber
Has anyone considered bankruptcy as an option for tax debt? I've heard that older tax debts can sometimes be discharged.
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James Maki
•Yes, but there are very specific rules. Tax debts can potentially be discharged in Chapter 7 bankruptcy if they meet ALL these conditions: - The taxes are income taxes (not payroll or fraud penalties) - The debt is at least 3 years old (from the due date) - You filed your tax return at least 2 years before filing bankruptcy - The IRS assessed the tax at least 240 days before filing bankruptcy - You didn't commit fraud or willful evasion For 2022 taxes, you wouldn't meet the 3-year rule yet, so bankruptcy wouldn't help with this specific debt until at least 2026. Also, bankruptcy has serious long-term consequences for your credit and financial future.
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