


Ask the community...
One important thing nobody's mentioned - if you can pay the full amount within 180 days, you should request a short-term payment plan instead of an installment agreement. There's no setup fee for short-term plans, while installment agreements have setup fees ranging from $31 to $149 depending on how you apply and pay. Also, if your financial situation is really tight, look into an "Offer in Compromise" where the IRS might accept less than the full amount you owe. They have a pre-qualifier tool on their website to see if you might be eligible.
How does the IRS determine if you qualify for an Offer in Compromise? I owe about $6k and honestly would struggle to pay even $50/month right now.
The IRS looks at your ability to pay, income, expenses, and asset equity. They basically want to see if you can reasonably pay the full amount through a payment plan or if your financial situation makes that impossible. For the pre-qualifier tool, you'll need to enter detailed information about your financial situation - income, expenses, assets, etc. The tool then calculates the minimum offer amount the IRS might accept. It's pretty thorough, so have your financial information ready. If you're struggling with $50/month payments, you might indeed qualify, especially if you have limited assets and high necessary living expenses.
Just curious - does anyone know what happens if you just ignore the certified letter? Not saying OP should do this, but I missed one a couple years ago and nothing ever came of it...
NO! Do NOT ignore IRS certified letters! They don't just go away. If you ignore them, the IRS can eventually levy your wages, put liens on your property, or seize money from your bank accounts without going to court. Maybe you just got lucky or they're still working their way to your case.
You need to check your custody agreement/court order first! In my case, even though my kid lived with my ex more than half the time, our divorce decree specifically stated who gets to claim our child each year (we alternate). The IRS actually follows these court orders when there's a dispute. If your temporary orders don't specify who claims the child, then yes, the residency test would probably give Jess the first right to claim Emma. BUT if you have it written into your court order that you get to claim your daughter, that would override the residency test. Also, something to consider - if Jess has zero income, she wouldn't get much benefit from claiming Emma anyway. Most child tax credits require you to have earned income to fully benefit. Your child support isn't considered income for her - it's tax-neutral.
Our temporary orders don't actually specify who can claim Emma for taxes. The final custody agreement is still being worked out. That's really helpful info about the benefits Jess would get - or not get - with zero income. I hadn't thought about that angle. Would the grandparents benefit more from claiming Emma than either of us since they actually have income?
Yes, with zero earned income, Jess wouldn't benefit much from many of the tax credits related to having a dependent child. Some credits like the Child Tax Credit are partially refundable, but without income, she wouldn't get the full benefit. The grandparents would likely benefit more than Jess would since they presumably have income. They could potentially claim dependency exemptions and other benefits. However, that doesn't mean they have the legal right to claim Emma - they would only have that right if neither parent claims her. Since you're actively involved and supporting Emma, you should definitely try to address this in your final custody agreement. Many agreements include specific language about alternating years for tax purposes, regardless of where the child primarily lives.
Make sure you document EVERYTHING. I went through this with my ex's parents trying to claim my kid. Keep receipts for all child support payments, extra expenses, gifts, etc. Also document all visits, calls, and other involvement. If someone incorrectly claims your child and you believe you have the right to claim them, you can still file your return claiming the child (you'll have to paper file if someone else already claimed them electronically). The IRS will then send notices to both parties and investigate. They may ask for proof like: - School/medical records showing the child's address - Court custody agreements - Documentation of financial support - Documentation of your relationship/involvement with the child Sometimes just letting the grandparents know you're going to claim your child and have documentation can prevent the issue entirely!
Based on my experience with a similar structure, I think you're overlooking a simpler solution. Why not have the partnership directly employ the individual instead of having them employed by the S-Corp? This would eliminate the need for the reimbursement entirely. The partnership would pay the salary and benefits directly, report it on partnership payroll tax returns, and then distribute the remaining profits equally to both S-Corps. This maintains equal distributions while properly accounting for the compensation.
Thanks for the suggestion, but unfortunately that's not feasible in our case. There are specific reasons (including some health insurance and retirement benefits) why this person needs to remain employed by the S-Corp rather than directly by the partnership. We looked into changing the employment structure earlier and determined it would create more problems than it would solve.
I understand the constraints with benefits. In that case, I think your best option is to follow the special allocation approach mentioned earlier. You'll need to amend your partnership agreement to specifically state that the $25k is first allocated to S1 as a special allocation to compensate for the employment expense, with the remaining profits split 50/50. This maintains economic substance while ensuring your allocations match the reality of your situation. Just make sure the special allocation language complies with the "substantial economic effect" requirements in Treas. Reg. 1.704-1(b)(2).
Has anyone considered using an accountable plan? If structured correctly, the reimbursement wouldn't be taxable to the recipient and would be deductible by the partnership. Worth looking into for this situation.
Accountable plans are typically for employee expense reimbursements, not for reimbursing one partner for paying another partner's compensation. I don't think it applies here since the partnership isn't reimbursing an employee for business expenses - it's a structural compensation arrangement between partners.
17 Something important nobody's mentioned - if the prize was $25,500 USD, the Canadian game show likely already withheld taxes at the non-resident rate of 25% unless there was paperwork filed in advance. So your cousin might have already paid Canadian taxes! Check the actual amount she received against what she "won" - if there's already been Canadian tax withheld, she'll need Form 1116 to claim the foreign tax credit on her US return. This can get tricky with the exchange rate calculations too, since the withholding would have been calculated in CAD.
1 That's a really good point about the withholding! I'll definitely ask her if she received the full $25,500 or if taxes were already taken out. The tax paperwork they gave her was kind of confusing - it had both USD and CAD amounts on it, but I'm not sure if it showed whether any Canadian taxes were withheld. Do you know if the US-Canada tax treaty affects the withholding rate at all? Someone mentioned treaty rates in another comment.
17 Yes, the US-Canada tax treaty can definitely affect the withholding rate! The standard non-resident withholding for prizes in Canada is 25%, but the treaty might reduce that depending on the specific type of income. For certain prizes and winnings, it could be reduced to 15%. The paperwork with both USD and CAD is typical. They would have used the exchange rate on the day of the win to calculate the Canadian tax withholding. If you look carefully, there should be a line item showing "non-resident withholding tax" or something similar. It's crucial to know this amount for filling out Form 1116 correctly to claim the foreign tax credit.
5 I'm confused about why everyone's saying she has to pay tax to the US when she won it in Canada? Doesn't that mean it's Canadian income? I won $500 in a poker game when I was vacationing in Mexico last year and didn't report it because it wasn't US income.
8 That's actually not correct. US citizens and residents are taxed on their worldwide income regardless of where it's earned. Both your $500 poker winnings from Mexico and the OP's cousin's $25,500 game show winnings from Canada are reportable on US tax returns. The US is one of the few countries that taxes based on citizenship rather than just residency or the source of income. You were technically required to report that $500 poker winning as "Other Income" on your tax return. For small amounts like that, it's unlikely to trigger any issues, but for larger amounts like $25,500, failing to report could potentially lead to penalties if discovered.
Anderson Prospero
Quick reminder that if your divorce was finalized before 2019, you can STILL deduct alimony on your taxes! My divorce was in 2017 and I take the deduction every year. Just make sure you have the right documentation and your ex's social security number for your tax forms. A lot of people don't realize the cutoff date doesn't affect older divorces unless you've modified your agreement since then and specifically opted into the new rules.
0 coins
Natalie Khan
ā¢What kind of documentation do you need exactly? My divorce was in 2016 and I've been deducting alimony, but I'm always paranoid I'm doing it wrong.
0 coins
Anderson Prospero
ā¢You should keep copies of canceled checks, bank statements, or other proof of payment that clearly shows the amounts and dates. I also keep a yearly summary log that matches my payment records. Make sure you have your divorce decree handy too, since it specifies the alimony amounts. You'll need your ex's Social Security Number for Form 1040 (the recipient is required to provide it). If you're using tax software, it will specifically ask for this information in the alimony section. Just don't confuse any child support payments with alimony - only the alimony portion is deductible for pre-2019 divorces.
0 coins
Tyrone Hill
Does anyone know what happens if your divorce was being finalized right around the cutoff date? My ex and I separated in 2017, but our divorce wasn't technically finalized until February 2019. I've been deducting alimony since then, but now I'm worried I've been doing it wrong for years...
0 coins
Rudy Cenizo
ā¢Unfortunately, you've been deducting incorrectly. The law is very specific about the cutoff - the divorce or separation agreement must have been executed before January 1, 2019. Since yours was finalized in February 2019, you fall under the new rules. I would strongly recommend consulting with a tax professional about amending your previous returns. You may owe back taxes plus potential penalties for the incorrect deductions.
0 coins