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One thing to consider with an OIC is that you'll need to stay completely compliant with all tax filings and payments for the next 5 years after acceptance. If your brother struggles with executive functioning, make sure you have a plan in place to help him stay on top of quarterly estimated payments and annual filings. I've seen people get their OICs accepted only to default because they couldn't maintain compliance. The IRS will reinstate the original debt (minus payments made) if compliance isn't maintained.
That's really important to know - I hadn't considered the long-term compliance requirements. If the OIC is accepted, I'll definitely need to set up a system to help him stay on track with quarterly payments. Maybe setting up automatic transfers to a tax savings account? Would monthly estimated payments be allowed instead of quarterly to make it more manageable?
Monthly payments towards quarterly tax obligations are definitely doable and often more manageable for people with executive functioning challenges. I recommend setting up an automatic transfer to a separate "tax account" on a monthly basis. The IRS just wants their quarterly payments received on time - they don't care how you save for them. Another approach that helps many of my clients is having a tax professional set up automatic reminders and check-ins. The most important thing is creating a system that doesn't rely on memory or executive function. Payment plans with automatic drafts can also be very helpful if needed in the future.
Make sure your brother's living situation is clearly documented when submitting the OIC. If he's living with your parents without paying rent, the IRS might assign "housing value" as income. You'll need to explain if this is a temporary hardship arrangement or if there are caregiving responsibilities involved. Also, does he qualify for any assistance programs based on his income level? Participation in certain assistance programs can strengthen a hardship claim.
This is a great point. When I submitted my OIC, the IRS initially rejected it because they calculated "imputed income" for my housing situation since I was staying with family. I had to resubmit with documentation showing the arrangement was temporary due to financial hardship.
Thank you for pointing this out! He actually does help care for our parents occasionally, so I'll make sure to document that as part of the living arrangement. He doesn't currently receive any assistance programs but may qualify for some based on income. Would applying for those programs before submitting the OIC be beneficial? Or would that potentially complicate matters?
Another option to consider for your Form 1041 estate accounting issue: I've found that most brokerages maintain underlying classification data for dividends throughout the year, even before they generate the official 1099-DIV. If you log into your online brokerage account, look for a section called "Tax Center" or "Tax Information." Many platforms allow you to generate customized tax reports for date ranges that don't align with calendar years. I was able to get this for my father's estate with Fidelity, and I believe Schwab and Vanguard offer similar functionality. The key is that you need the classification between qualified dividends (which get preferential tax rates) and non-qualified dividends for accurate Form 1041 reporting.
Does this work for accounts that hold REITs? Those distributions are especially complicated with return of capital, etc. I'm struggling with exactly this issue right now for an estate I'm administering.
Yes, it actually works quite well for REITs, which are one of the most complicated assets for estate fiscal year accounting. The brokerage's tax center will typically show the breakdown of REIT distributions into ordinary income, qualified dividends, capital gain distributions, and return of capital. For the fiscal portion where you don't yet have the official breakdown, many brokerages will let you see the preliminary classification based on what the REIT has announced. REITs are required to announce their dividend tax classifications, even though the official 1099 comes later. If you can't find this in your brokerage's system, you can often go directly to the investor relations section of the REIT's website and find their dividend tax classification announcements.
An important thing to note with Form 1041 estate filings using a fiscal year: you need to make sure you're using the correct tax rates and forms. For a fiscal year that includes parts of 2022 and 2023, you would use the 2022 Form 1041 (not the 2023 version) since the fiscal year began in 2022. But you'll compute the tax using a blended rate based on the portion of income that falls in each calendar year.
Is that really true? I thought you always use the form for the year in which the fiscal year ends. So for a Aug 2022-July 2023 fiscal year, wouldn't you use the 2023 forms since that's when the fiscal year ends?
I'm a bit confused about something related to this. If the property was a rental, don't you also have to deal with depreciation recapture? I sold a rental last year and got hit with that on top of capital gains. It was taxed at 25% regardless of my tax bracket. Wondering if that applies to your situation too?
You're absolutely right about depreciation recapture. When you sell a rental property, any depreciation you claimed (or were entitled to claim) during the rental period must be "recaptured" and is taxed at a maximum rate of 25%. This is separate from the capital gains tax on any appreciation in the property's value. So the total tax on a rental property sale is often a combination of: 1. Depreciation recapture (up to 25%) 2. Capital gains tax on the appreciation (0%, 15%, or 20% depending on income) 3. Possibly the 3.8% Net Investment Income Tax if income is above certain thresholds This makes it even more important for the OP to ensure they're accounting for all possible deductions and basis adjustments to minimize the overall gain.
Different approach to consider - since the sale is definitely going to be counted in 2024 based on the closing date, you might want to look at other ways to offset that income to avoid the bracket jump. Do you have any investment losses you could harvest before year-end? Or could you make extra retirement contributions if you have any self-employment income? Maybe accelerate charitable donations you were planning for next year? Sometimes when you can't change when the income hits, you can still manage other aspects of your tax situation to mitigate the impact. Just a thought!
That's a really good point! I do have some stocks that are currently at a loss. If I sell those before December 31, I could offset some of the capital gains. I was holding onto them hoping they'd recover, but maybe taking the loss now makes more sense tax-wise. I'll talk to my CPA about this strategy. Thanks for the suggestion!
Don't panic about the 2023 income, but definitely address it. I worked for a tax prep place and saw this situation often with gig workers. If your net profit (after expenses) was under $400, you technically don't have a filing requirement for that self-employment income, but it's always safer to report it. For 2024, start tracking your mileage NOW for the rest of the year - there are free apps like Stride that make it super easy. Even if you can only claim part of the year, it's better than nothing!
Thanks for the advice! So for my 2023 unreported income, should I file an amended return now or wait until after I file my 2024 taxes next year? And what kind of penalties might I be looking at?
I'd recommend filing an amended return for 2023 as soon as possible. The longer you wait, the more penalties and interest can accumulate if you end up owing tax. Since the amount is relatively small, your penalties would likely be minimal, especially if you qualify for first-time abatement (which the IRS often grants to taxpayers with previously good compliance history). For your 2024 taxes that you'll file in 2025, keep them completely separate from the 2023 issue. Handle the amendment now, then start fresh with good record-keeping for the remainder of 2024. Remember that quarterly estimated tax payments might be required for self-employment income, though with your amounts, you might fall below the threshold where those are necessary.
Be careful with the standard mileage deduction! If you're going to use it, you need to have started using it in the first year of putting your vehicle into service for business. If you claim actual expenses the first year, you're stuck with that method for the life of the vehicle.
That's not entirely accurate. You can switch from actual expenses to standard mileage in later years, but only if you used standard mileage in the first year. If you start with actual expenses, then you're locked in.
Freya Christensen
Just so we're clear about the tax savings structure of an S-Corp: When you take money as salary: - You pay income tax - You pay employee portion of FICA (7.65%) - Your business pays employer portion of FICA (7.65%) - Plus unemployment taxes When you take money as distributions: - You pay income tax - NO FICA taxes! That's why the salary vs. distribution split matters so much. But remember the salary MUST be reasonable for your role or you're asking for trouble. I've been running my S-Corp for 7 years and my accountant says the IRS is increasingly scrutinizing S-Corps with unusually low salaries compared to distributions.
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Omar Hassan
ā¢How do you determine what percentage is "reasonable"? Is there a specific formula the IRS uses or is it more of a judgment call?
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Freya Christensen
ā¢There's no specific formula or percentage the IRS mandates - it's more of a facts and circumstances test. The IRS looks at factors like your qualifications, duties, time spent in the business, what comparable positions pay in your industry and region, and the financial performance of your business. For some businesses, a 50/50 split might be perfectly reasonable, while in others (especially service businesses where the owner's expertise is the primary value), the salary portion should be higher. I recommend researching salary data for your position in your area using resources like the Bureau of Labor Statistics or industry compensation surveys to support whatever split you choose.
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Chloe Robinson
Has anyone here used Gusto for S-Corp payroll? I'm trying to decide between that and QuickBooks.
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Diego Chavez
ā¢I've used both. Gusto is MUCH more user-friendly for S-Corp payroll specifically. They have an owner setup wizard that walks you through things like reasonable compensation documentation. QuickBooks is more robust for overall accounting but their payroll can be confusing for S-Corp owner-employees. Gusto also automatically handles all the special forms for paying yourself as an S-Corp owner.
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