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To add something that hasn't been mentioned yet - you should also check state tax requirements for both your abandoned Delaware LLC and your new New Mexico LLC. Even if you never conducted business in Delaware, some states require filing annual reports and tax returns just for having an LLC registered there. For your New Mexico LLC, you'll need to make sure you're properly registered for state taxes there too. If you're using the same EIN, be extra careful that you're not accidentally creating nexus in both states, which could subject you to taxation in both places. Also, as a foreign owner, don't forget about potential FBAR and FATCA requirements depending on your specific situation. Those have separate, equally harsh penalties for non-compliance.
Thanks for bringing this up. I did pay the Delaware annual franchise tax for 2023, but then stopped when I abandoned the LLC. Should I have formally dissolved it with the state? As for New Mexico, I've registered for gross receipts tax but didn't think about how using the same EIN might create confusion. Would filing state tax returns in NM using the same EIN potentially trigger Delaware to think I'm still active there?
Yes, you should have formally dissolved your Delaware LLC by filing a Certificate of Cancellation with the Delaware Division of Corporations. Without formal dissolution, Delaware will continue to consider your entity active and may assess annual franchise taxes and penalties for failure to file. For New Mexico, using the same EIN shouldn't automatically trigger issues with Delaware, as they're separate state systems. However, for clarity in your records and to prevent future confusion, I strongly recommend formally dissolving the Delaware entity. It typically costs around $200 to file the dissolution paperwork, which is much cheaper than continued annual fees or potential penalties. The good news is that most states allow late dissolutions, so you can still properly close the Delaware LLC even though it's been a while since you abandoned it. This clean break will help you avoid any state tax complications while you focus on resolving the federal filing requirements we discussed earlier.
Just wanted to share what I learned from my tax attorney about this specific situation, as I went through something nearly identical. The key is understanding the distinction between: 1) Your actual legal entities (the Delaware LLC and the New Mexico LLC), which are separate under state law 2) How the IRS classifies and tracks these entities for federal tax purposes For the IRS, since you're a foreign owner of a single-member LLC, your entities are considered "foreign-owned disregarded entities" that have special reporting requirements. The IRS cares less about which state they're in and more about tracking you as the foreign owner. Using the same EIN is correct in your situation, but you ABSOLUTELY need to file those 5472 forms for any years your Delaware LLC existed. The penalties are insane - $25,000 per form per year - and they've been actively enforcing them since 2018.
Is there a way to check if the IRS has already assessed penalties for the unfiled 5472 forms? I'm worried they might have been sending notices to my old address.
Former IRS employee here. Just to give you some peace of mind: the IRS initiates fewer than 2,000 criminal prosecutions per year, almost exclusively for major tax fraud schemes, money laundering, or deliberately hiding massive amounts of income (we're talking hundreds of thousands or millions). Forgetting a W-2 for $8,500 is what we called a "common error adjustment" - literally happens thousands of times every day. File your 1040-X, pay the difference plus the small penalty and interest, and you'll be absolutely fine. The IRS knows the difference between criminal tax evasion and a stressed-out student making an honest mistake. You're not even on their radar for criminal investigation.
Thank you so much for this insider perspective! I filed my 1040-X yesterday and included a letter explaining the honest mistake. Knowing this is something that happens all the time and isn't considered criminal makes me feel sooooo much better. I haven't been able to sleep for days thinking about this!
You're welcome! This is exactly the right approach - filing the amendment promptly with a brief explanation. The letter is a nice touch that shows good faith. You'll get a notice in a few weeks acknowledging the amendment and telling you what amount is due with the calculated interest. Pay that promptly and the case will be closed. For future reference, always double-check that you have all tax documents before filing. Many employers also provide electronic copies of W-2s that you can download, which helps ensure you don't miss paper copies. Sleep well knowing you're definitely not prison-bound over this!
Quick question - I'm in a similar situation but I already received a letter from the IRS about my missing W-2. Does that change things? Should I still file an amended return or just pay what they're asking for?
If you received a CP2000 notice that correctly identifies the missing income, you can simply respond to that notice rather than filing an amended return. Review the notice carefully to make sure all the information is correct, then follow the instructions to pay the amount due. The IRS has already done the recalculation for you.
Have you checked if you're eligible for the Earned Income Tax Credit? If your income is around $38,500 you might qualify depending on your exact situation. That could help offset some of what you owe. Also, make sure you're taking the standard deduction which is $13,850 for single filers this year.
Thanks for the suggestion! I don't think I qualify for EITC since I don't have kids and my income is a bit too high for a single person. I am taking the standard deduction though. It sounds like my real issue is the self-employment taxes on that gig income that I didn't plan for. Lesson learned for next year - I'll be setting aside money each month from my gig work.
Anyone else notice that the tax software companies make it really easy to miss deductions for self-employed people? I swear they hide that stuff on purpose unless you pay for their premium versions. I switched to FreeTaxUSA last year and found so many more deductions than TurboTax showed me.
Completely agree! TurboTax kept trying to upsell me to their $120 version to "maximize self-employment deductions." FreeTaxUSA found all the same stuff for like $15. And their interface actually explains things better too.
That's good to know! I felt like I was taking crazy pills when I switched and suddenly found all these deductions TurboTax never mentioned. Their basic version is practically useless for anyone with slightly complicated taxes. FreeTaxUSA actually walks you through the self-employment section with helpful explanations instead of dangling premium features in front of you constantly.
One thing to watch out for with California - they're pretty aggressive about maintaining that you're still a resident even after you've moved. Make sure you have clear documentation that you've actually established domicile in Michigan: - Michigan driver's license - Voter registration in Michigan - Michigan car registration - Closing California bank accounts or changing primary address - Changing your address on all official documents California has been known to audit people who move to lower-tax states, especially if you still have significant connections to California. Good luck!
Thanks for mentioning this! I've already gotten my Michigan driver's license, registered to vote, and changed my car registration. I kept my California bank account open though since they have locations in Michigan too. Should I still consider closing it to be safe?
You don't necessarily need to close the California bank account, but definitely make sure you've changed the primary address on the account to your Michigan address. Having a CA bank account with a CA address could be one factor they look at. The most important things are already done - driver's license, voter registration, and vehicle registration show your intent to permanently reside in Michigan. Also make sure your employer has your Michigan address for your W-2, and that any investment accounts are updated with your new address.
I moved from Oregon to Texas last year and missed a big issue with my bank interest - I didn't realize I needed to prorate it between states on my part-year resident returns! Ended up having to file an amended return. One tip: If you use tax software, make sure it supports multi-state returns properly. Some of the free options don't handle part-year residency well. I ended up using TaxAct which was pretty good for my situation.
TurboTax Premium worked great for my CA to WA move. It walked me through allocating income between states and explained which income belongs where. It costs more than the basic version but worth it for multi-state situations.
NebulaNomad
Here's something nobody mentioned yet: you might want to check if your plan allows for "true-up" contributions. Some 401(k) plans will automatically adjust at year-end to ensure you get the full employer match if you hit your contribution limit early and stopped contributing. If your plan has this feature, it could explain why ADP is treating your contribution differently than what appears on your W-2. It's just another angle to consider when sorting this out.
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Zainab Ahmed
ā¢I've never heard of "true-up" contributions. Would that explain why ADP insists the W-2 box 12 amount is "meaningless" compared to when contributions actually hit my account?
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NebulaNomad
ā¢Yes, that might explain their strange language about the W-2 being "meaningless." With true-up contributions, the employer makes additional deposits to your 401(k) to ensure you receive the full match you're entitled to, even if your own contributions were front-loaded during the year. These adjustments typically happen in January for the previous year, which aligns with what they told you about January 2024 crediting. However, for contribution limit purposes, the IRS still looks at the tax year shown on your W-2. I'd suggest specifically asking ADP if your final "contribution" was actually a true-up adjustment rather than a regular paycheck deduction.
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Javier Garcia
I see everyone focusing on the 401(k) timing, but let's not miss the big picture here. If your W-2 shows $30,590 in Box 12, you're definitely over the 2023 contribution limit of $22,500 (or $30,000 if you're 50+). Even if some deposits happened in January 2024, you need to get this fixed ASAP. Request the excess corrective distribution NOW, before April 15th. The 1099-R timing is a separate issue - yes, you'll get it next year, but you need to request the correction this year to avoid penalties.
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Emma Taylor
ā¢The limit for 2023 was $22,500, but don't forget they might have both traditional and Roth 401k contributions combined in that box, or maybe there's employer matching included? Not all money in box 12 counts toward the employee limit.
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