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I'm a little late to this, but there's an important distinction no one has mentioned yet. There are actually two different penalties that could be at play here: 1. Failure-to-file penalty: 5% of unpaid taxes each month (max 25%) 2. Failure-to-pay penalty: 0.5% of unpaid taxes each month (max 25%) The extension prevented the big failure-to-file penalty, but you're still on the hook for the failure-to-pay penalty since the money was due April 18th. Plus interest, which compounds daily. Your accountant should have estimated what you owed and advised you to make a payment by the deadline even if the return wasn't ready. That's where they dropped the ball.
Thanks for breaking that down! So basically, even though the extension was filed, I should have made an estimated payment by April 18th to avoid the failure-to-pay penalty? Is there any recourse now, or am I just stuck with these fees?
Exactly right. The extension only gives more time for paperwork, not payment. For future reference, always make your best estimate payment by the deadline even if your return isn't ready. As for recourse now, your best option is to request a First Time Penalty Abatement if you've had a clean tax record for the past 3 years. You can call the IRS directly or use the number on your bill to request this. The interest typically can't be removed, but the failure-to-pay penalty often can be if it's your first infraction. Just explain the situation with your accountant's poor communication, and they're usually pretty reasonable.
Am I the only one stuck on the fact that the accountant added the wrong dependent information? That seems like a bigger issue than the extension! You should double-check everything else on the return because that's a pretty significant error. What tax software does your accountant use? Some of the professional ones are better than others at catching errors.
Not all tax software is created equal. I've used ProSeries and Lacerte professionally, and they have very different error checking capabilities. But honestly, good accountants should be manually reviewing returns anyway, not just relying on software to catch mistakes.
One thing nobody has mentioned is that you should check if the India-Netherlands treaty has a Limitation on Benefits (LOB) clause that might prevent treaty shopping. Some newer treaties have provisions that deny benefits if the main purpose of the structure is to get treaty benefits. Since your company is incorporated in the US but claiming Dutch treaty benefits, you'll want to make sure you have substantial business reasons for this structure beyond just the tax advantages. Otherwise, the Indian authorities might challenge your use of the Dutch treaty regardless of the tie-breaker rules.
This is a really important point. I got burned by this exact issue with a Korean subsidiary. Even though my company qualified as a UK resident under management and control rules, Korea applied their LOB provision and denied the UK treaty rate because they determined my structure was primarily for tax advantages. Cost me thousands in unexpected withholding taxes.
That's exactly the scenario I was warning about. The trend in international tax enforcement is moving strongly against structures that appear designed primarily for treaty benefits. The key factors authorities look for include: having genuine economic substance in the jurisdiction claiming treaty benefits (employees, office, equipment), a clear business purpose for the structure beyond tax savings, and decision-making that actually happens in the claimed jurisdiction. Without these elements, there's significant risk of treaty denial regardless of technical residency status.
Has anyone considered that you might actually benefit from making an election under the US check-the-box rules for the Indian subsidiary? If it's treated as a disregarded entity or partnership for US purposes, the withholding tax issue might be bypassed entirely for US purposes.
Check-the-box could create other problems though. If the Indian sub is disregarded for US purposes but remains a corporation for Dutch and Indian purposes, you might create a hybrid entity mismatch that could trigger anti-hybrid rules in the Netherlands. The Dutch implemented ATAD2 which specifically targets these arrangements.
One thing nobody has mentioned - marriage provides significant LEGAL protections that have financial implications beyond just annual tax returns. If something happens to one partner, the surviving spouse has automatic inheritance rights, Social Security survivor benefits, pension benefits, and healthcare decision-making authority. As an estate planning attorney, I've seen unmarried couples face MASSIVE tax hits when one partner passes away. With married couples, there's unlimited spousal transfer at death with no tax implications. For unmarried couples, estate taxes can kick in and the surviving partner might have to PAY TAX just to keep living in their own home. Also, health insurance is usually cheaper for married couples, and you get spousal Social Security benefits that unmarried partners don't. These aren't reflected in your annual tax return but are huge financial benefits of marriage.
This is actually super helpful context I hadn't considered. Are there ways to mitigate these issues without marriage? Like through proper estate planning, etc? Or are some benefits (like Social Security) only available to legally married couples regardless of what legal documents we put in place?
Some benefits can be partially replicated through careful estate planning - wills, trusts, powers of attorney, healthcare directives, etc. However, certain benefits are ONLY available to legally married couples regardless of any legal documents: Social Security spousal and survivor benefits are only for married couples - this can be worth hundreds of thousands of dollars over a lifetime. Federal estate tax exemptions for spouses cannot be replicated for unmarried partners. Qualified retirement accounts (like 401ks) have spousal protections and inheritance advantages that don't apply to non-spouse beneficiaries. One workaround some clients use is "strategic marriage" - getting legally married for these benefits while maintaining separate finances if desired. Remember that marriage is ultimately a legal and financial contract with the government, separate from any religious or personal commitment.
Has anyone run scenarios with kids in the mix? My partner and I make similar income to OP ($125k me, $95k them) and we're trying to figure out if getting married would help once we have our baby next year. The child tax credits and dependent care credits seem really confusing when you're unmarried.
With kids, the calculation often tilts more in favor of marriage. For unmarried parents, only one person can claim the child as a dependent and take the child tax credit (worth up to $2,000 per child). If married filing jointly, you get the full benefit regardless of which parent provides more support. Also important - the child and dependent care credit phases out at higher income levels, but the threshold is higher for married couples than singles. For 2025, the credit starts phasing out at $125,000 for all filing statuses, but the rate of phase-out is more favorable for married couples.
Make sure to check if you have any pre-tax deductions! If the amounts in boxes 1, 3, and 5 are all identical, it typically means you don't have any pre-tax items reducing your taxable wages. Common pre-tax deductions include: - 401(k)/403(b) contributions - Health insurance premiums - HSA/FSA contributions - Dependent care FSA - Commuter benefits If you have ANY of these, your Box 1 (wages) should actually be LOWER than boxes 3 and 5. You might want to check if your benefits are being correctly classified as pre-tax!
Wait I'm confused. I thought health insurance through my job is always pre-tax? My boxes are all the same too and I definitely pay for health insurance each check. Does this mean my employer messed up?
Not all employer health insurance is automatically pre-tax. Some smaller employers offer health insurance but handle it as post-tax, meaning you pay with already-taxed dollars. This is less common but does happen. If you're certain your health insurance should be pre-tax, you should definitely speak with your payroll department. It could be an error that's causing you to pay more in taxes than you should. Bring a recent paystub that shows the health insurance deduction when you talk to them, and ask specifically if those premiums are being treated as pre-tax deductions.
Has anyone else noticed that their employer seems to have messed up withholding for a bunch of employees around the same time? The whole new W-4 form that removed allowances has caused chaos at so many companies. My entire department had withholding issues and we all ended up owing last year!
Yes! My company completely botched this too. Our HR finally sent an email admitting they had configuration issues with the payroll system after the W-4 form changed. They said something about the old allowances system not translating correctly to the new system. Almost everyone in my office owed money last April.
Christian Burns
Don't forget about quarterly estimated tax payments if you go solo! This was my biggest mistake my first year with 1099 income. With your mixed income situation, especially the cash payments, you might need to be making quarterly estimated tax payments throughout the year. Otherwise you could get hit with underpayment penalties come tax time. Most tax software can help calculate what you should be paying each quarter going forward.
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Kingston Bellamy
ā¢Wait, I had no idea about this quarterly payment thing. Does this apply even if my husband has taxes taken out of his W-2 job? He has extra withholding already.
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Christian Burns
ā¢Your husband's W-2 withholding can help cover your tax liability from self-employment income, but it depends on how much he's having withheld and how much you're making from your 1099 and cash work. If your combined withholding from W-2 jobs covers at least 90% of your total tax liability for the current year or 100% of your prior year's tax liability (whichever is smaller), then you should be fine without quarterly payments. You can use Form 1040-ES to estimate your required payments. Many people have their W-2 spouse increase their withholding to cover both people's tax liability - that's often simpler than making separate quarterly payments.
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Sasha Reese
Just wanna add that if you do your own taxes this year, KEEP EVERYTHING. All receipts, mileage logs, payment records, etc. I mean literally everything related to income and expenses. First year I did my own taxes with 1099 income I got randomly selected for audit and it was brutal because I hadn't kept good records.
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Muhammad Hobbs
ā¢What kind of system do you use to organize everything? I have receipts everywhere and it's a mess.
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