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If your partners are pushing for you to put YOUR name on the W-9, I'd be suspicious tbh. Why aren't they willing to put THEIR names on it? Maybe they have tax liens or back taxes they're trying to avoid? Or maybe they're trying to keep income off their tax returns for some reason? Even if you trust them, this arrangement makes YOU the responsible party for all the taxes. You'd have to track down your partners later to get them to pay their share of the taxes, which could get messy if the friendship/partnership goes south.
That's a fair point I hadn't considered. They mentioned they'd "already issued too many W-9s" this year, but I'm not sure what that really means from a tax perspective. Is there some limit to how many W-9s someone can issue in a year? Or are they trying to keep their reported income under some threshold?
There's no limit to how many W-9s someone can issue - that excuse doesn't make any sense. A W-9 is just a form that collects your tax ID information so someone can properly report payments made to you. What they might be concerned about is total reported income. If they're receiving certain benefits (healthcare subsidies, income-based loan repayments, etc.) or if they're close to a higher tax bracket, they might be trying to keep additional income off their returns. Another possibility is they're collecting unemployment or other benefits that would be reduced if they report more income.
Just wanted to add that if this business arrangement continues, you guys should really consider formalizing your partnership with an actual partnership agreement and getting an EIN. I made the mistake of having an informal partnership years ago and it was a NIGHTMARE come tax time. For now, each partner should issue their own W-9 for their portion of the income. It's cleaner that way and ensures everyone is properly reporting their share.
But how would that work if they're being paid by a single client? Would the client have to cut separate checks to each partner? My band runs into this issue with gigs sometimes.
Don't forget to adjust your estimated tax payments for this year so you don't get hit with the same penalties again! The IRS expects you to pay either: - 90% of your current year's tax, OR - 100% of last year's tax (110% if your AGI was over $150,000) I learned this the hard way too. Now I use the worksheet on Form 1040-ES every quarter to stay on track. Also consider using the Electronic Federal Tax Payment System (EFTPS) to schedule payments in advance so you don't forget.
Thanks for the reminder! Do you think it's better to slightly overpay each quarter to be safe? And is there any penalty for overpaying?
I do think it's better to slightly overpay - I usually aim for about 5-10% over what I calculate. There's no penalty for overpaying, and you'll just get the excess back as part of your refund when you file. The only "downside" is that you're essentially giving the government an interest-free loan, but for me, the peace of mind is worth it. I've also found it helpful to set aside a consistent percentage of all income rather than trying to calculate exact amounts. For instance, I put away 30% of all payments I receive into a separate savings account designated just for taxes, then make my quarterly payments from there.
Has anyone tried requesting penalty abatement through tax software like TurboTax or H&R Block? I'm in a similar situation and wondering if I need to deal directly with the IRS or if the software can handle it.
Most tax software doesn't handle penalty abatement requests very well. I tried using TurboTax for this last year and ended up having to call the IRS directly anyway. The software is great for filing but not so much for post-filing issues like penalties.
Just a heads-up from someone who went through this last year - keep a close eye on currency conversion rates. The IRS will want to know the value in USD at the time of death, not at the time you receive the funds. The difference can be significant with the way exchange rates have been fluctuating. I inherited property from my UK grandparent, and the estate took almost a year to settle. By the time I received the funds, the exchange rate had changed enough that it created confusion on my tax forms. My accountant had to make adjustments because I initially reported based on the conversion rate when I received the money. Also, don't forget that if you keep any portion of the inheritance in UK accounts, you'll likely need to file those FBAR forms annually going forward. The reporting requirements don't end after the initial inheritance.
That's really helpful info about the exchange rates - I hadn't even thought about that aspect. Do you know if I need documentation of the exchange rate on the date of death? And would a printout from an exchange rate website be sufficient, or does it need to be more official?
You definitely need documentation of the exchange rate on the date of death. The IRS typically accepts historical exchange rates from reputable sources. I used the Treasury Department's published rates (available on their website), which my accountant said was the safest choice. However, printouts from established financial sites like XE.com or OANDA are generally acceptable too. Just make sure you keep copies of whatever documentation you use - I learned the hard way that you might need to reference this information years later, especially if you inherited property that you're now selling. Having that documented exchange rate from the date of death is crucial for calculating your stepped-up basis correctly.
Has anyone gone through probate in both countries? My mom just passed with assets in both UK and US (we're all dual citizens too), and I'm getting conflicting advice about which country's probate process takes precedence. The solicitor in the UK is saying one thing, and the attorney here is saying another.
I went through this nightmare last year. Both probate processes happen independently - neither takes "precedence" exactly. But they do need to be coordinated. The UK probate (grant of probate) must be completed before UK assets can be distributed. Same with US probate for US assets. The complication comes with taxation. We ended up needing to get a foreign tax credit to avoid double taxation on some assets. My suggestion? Find ONE attorney who understands both systems - having two separate lawyers in different countries led to tons of confusion in my case.
Quick tip - if you're filing past returns, check if you qualify for free file options for those previous years too. I used FreeTaxUSA for some back returns and it was way cheaper than going to a tax preparer. Just make sure you're selecting the correct tax year when you start your return!
Do they have the 2023 forms available still? And would they calculate if that forwarded refund from 2022 applies correctly? Thanks for this suggestion!
Yes, they definitely still have the 2023 forms available! Tax preparation websites typically keep forms for several years back for exactly this kind of situation. As for the forwarded refund from 2022, you'll need to enter that as a payment already made on your 2023 return. Most tax software has a section specifically for "payments and credits from prior years" or something similar. It should then calculate everything correctly, taking that forwarded amount into account when determining if you're owed a refund or still owe additional tax for 2023.
Cant stress this enough - DO NOT try to combine tax years! I made this mistake after missing a filing year and it created such a mess. Each tax year is completely separate in the IRS system. File your 2023 return now, and then do your 2024 taxes normally next year.
Totally agree! I did the same thing years ago and ended up with notices from the IRS for the next two years trying to straighten everything out. Just do each year separately and clearly mark the tax year on each return.
Leo Simmons
For future reference, another option for S-Corp filing is to use Form 7004 to get an automatic 6-month extension for your 1120S. That would have pushed your deadline to September 15th instead of March 15th. A lot of S-Corp owners do this to give themselves more time to properly prepare their business returns, especially in the first few years when you're still figuring things out. Just remember you still need to pay any estimated taxes owed by the original deadline.
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Felix Grigori
ā¢That's really helpful to know for next year. Do you need to file anything special to request the extension or is it just a simple form? And does getting this extension for the business return also give you more time for your personal return?
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Leo Simmons
ā¢Filing for the extension is very straightforward - Form 7004 is a simple one-page form that you can e-file. You don't even need to provide a reason for needing the extension. The S-Corp extension does not automatically extend your personal return though. Those are separate filings with different deadlines. You'd need to file Form 4868 to extend your personal 1040 if needed. But having the business extension gives you more time to get the K-1 properly prepared, which makes your personal return more accurate when you do file it.
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Lindsey Fry
Friendly reminder that if you have an S-Corp LLC, you should be paying yourself a "reasonable salary" through payroll with appropriate withholdings. This is one of the most common mistakes new S-Corp owners make - taking distributions without paying yourself a proper salary first. The IRS looks closely at this.
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Saleem Vaziri
ā¢I learned this the hard way! My first year with an S-Corp I only took distributions because I thought that was the advantage. Got a nasty letter from the IRS later. Now I use Gusto for payroll and it makes the whole process super simple.
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