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Another option you might consider is having your friend make individual $1,000 payments directly to each person. That way, you avoid having the entire $10k hit your account at once. If each person just gets their $1,000 directly, it's less likely to trigger any reporting requirements since it's under typical thresholds, and you don't have to worry about explaining why you received $10k that mostly wasn't yours. Just a thought to potentially simplify the whole situation!
But don't some payment apps have daily or weekly transfer limits? My PayPal only lets me send like $2-3k per week without upgrading or something. Might be annoying for the friend to space it out over time.
You're right about the limits on some platforms. Venmo's standard limit is $4,999.99 per week for person-to-person payments, so the friend would need at least 3 weeks to pay everyone individually if using Venmo. PayPal has similar restrictions as you mentioned. Banks typically have higher limits for Zelle transfers, often $2,000-$5,000 daily depending on the bank. Your friend could potentially use multiple payment methods or speak with their bank about temporarily increasing limits if they wanted to make all payments quickly.
Has anyone mentioned gift tax implications? If someone gives you more than $17,000 in a year (2023 annual exclusion amount), they're supposed to file a gift tax return. I know this isn't technically a gift since it's repayment, but could the IRS see it that way if they just notice a large transfer?
This is a good question, but no, the gift tax wouldn't apply here. The IRS defines gifts as transfers made without receiving full consideration (value) in return. In this case, the $10k is repayment of money previously provided - it's settling a debt, not a gift. Even if the IRS initially questioned it, you would explain that this was repayment of a loan. That's why documentation of the original arrangement is important. Text messages, emails, or even witnesses who can confirm the nature of the original transaction can help establish this wasn't a gift.
Don't forget that while you're waiting for the reconsideration process, the IRS can still move forward with collection efforts unless you specifically request a collection hold. Make sure you include a line in your letter requesting that collections be suspended while your reconsideration is being processed.
Just want to add my experience - I submitted an audit reconsideration last year and got denied, but then I submitted a second one with better documentation and they accepted it. Don't give up if the first attempt doesn't work! Make sure you address whatever specific reasons they give for denying the first request.
From my experience as someone who made this switch at around $65k, here are some practical costs you should budget for: 1. Initial LLC formation: $200-300 depending on state 2. S-Corp election: Free (just file Form 2553) 3. Annual LLC fees: Varies by state ($150 in my state) 4. Payroll service: I use Gusto which costs about $45/month ($540/year) 5. Accountant: My tax preparation went from $350 to $1,200 annually 6. Bookkeeping software: $25/month for QuickBooks ($300/year) So my additional annual costs are around $2,190. But I'm saving about $3,800 in SE taxes by having a $48k salary with the rest as distributions. So net benefit around $1,600 per year. The time commitment is also significant - about 2-3 hours per month dealing with payroll, bookkeeping, etc. that I didn't have before.
Did you have to get a separate business bank account and strictly separate personal vs business expenses? That part seems complicated.
Yes, keeping separate accounts is absolutely essential. I have a dedicated business checking account, savings account, and credit card that I ONLY use for business expenses. This creates what accountants call a "clean separation" between personal and business finances. This separation is critically important when you have an S-Corp to avoid having your corporate veil pierced in case of legal issues. It also makes bookkeeping much easier and helps prove to the IRS that you're operating a legitimate business. Mixing personal and business expenses is a huge red flag that can trigger audits.
Has anyone used a PEO (Professional Employer Organization) instead of regular payroll for their S-Corp? I'm hearing they can be cheaper than traditional payroll services and they handle all the compliance stuff.
I use Justworks for my S-Corp and it's been amazing. They handle all payroll taxes, compliance filings, and even offer health insurance options that are better than what I could get as a tiny business. It costs a bit more than basic payroll ($49/month per employee) but the time savings and reduced stress are worth it.
One thing nobody's mentioned yet - if you think you're due refunds for some of those years, be aware that you can only claim refunds within 3 years of the original filing deadline. So for tax years 2021, 2022, and 2023, you can still get refunds if you're owed them, but for 2019 and 2020, that money's probably gone forever if you were due a refund. But you STILL need to file those returns to get in good standing with the IRS, even if you can't get the refund money anymore.
That makes me so sad to think I might have lost money I was owed. Is there any exception to that 3-year rule for refunds? Like if I had a really good reason for not filing?
Unfortunately, the 3-year rule for claiming refunds is pretty strict, with very few exceptions. Even legitimate reasons like illness, being deployed overseas, or natural disasters rarely qualify for extensions beyond what the IRS already grants for those situations when they occur. The best approach now is to focus on filing all returns to get compliant, secure the refunds you can still claim (for the more recent 3 years), and move forward with a clean slate. If your income was low enough in those older years, you might not have actually been required to file, which could be a small consolation. Either way, getting everything filed now prevents much bigger problems down the road.
As someone who works with tax issues (not a CPA, just experienced), I'd also suggest requesting your IRS transcripts FIRST before filing anything. Create an account at irs.gov/transcript and pull your wage and income transcripts for all 5 years. This will show you EXACTLY what the IRS already knows about your income, which helps prevent discrepancies that could trigger problems. Sometimes employers report things incorrectly or there might be income you forgot about. Better to know upfront!
Monique Byrd
I've done this exact adjustment in ProSeries for clients for years. Go to the Form 8582 worksheet in ProSeries, and look for Line 16 of the actual form (within the software). There should be an override field where you can enter your desired allowed loss amount instead of the calculated amount. Important: Make sure you keep detailed records of your calculations and remaining carryforwards. Create a supporting statement in ProSeries explaining your calculation and why you're choosing to limit the allowed losses. This will help if you ever get questioned about it.
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Ellie Perry
ā¢Thanks for the specific guidance on ProSeries! When I create the supporting statement, should I explicitly mention the AMT avoidance strategy, or just document the calculation of limited PAL?
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Monique Byrd
ā¢I would recommend documenting both. In your supporting statement, first detail your calculation of the limited PAL amount - showing the total available, the amount you're choosing to use, and the remaining carryforward. Then I would also briefly explain the tax planning strategy - that you're limiting the PAL utilization to minimize Alternative Minimum Tax impact. This shows the IRS there's a legitimate tax planning purpose behind your decision. It's completely legal tax strategy, and being transparent about it actually strengthens your position if there's ever a question.
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Jackie Martinez
Has anyone considered the impact this might have on passive activity grouping elections? If you're selectively limiting losses on certain activities, could it affect how the IRS views your grouping?
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Lia Quinn
ā¢Good point. If you've made grouping elections for your passive activities, you should be consistent in how you treat the entire group. You can't cherry-pick which specific property's losses to use within a grouped activity. You would need to proportionally limit losses across the grouped activities.
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