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This is actually a fairly common issue with new LLCs. Here's what's important: If you've been filing and paying taxes consistent with S-corp status for 2021 (meaning you filed Form 1120-S and issued yourself a W-2 as an employee-owner), you have a much stronger case for retroactive election. When filling out Form 2553, check Box D1 in Part I for the January 1, 2021 effective date. In Part III (Late Election Consent), explain that you've been operating with the understanding that you were an S-corporation and have filed all relevant tax documents accordingly. The IRS is generally pretty reasonable with the relief provision if you've been consistent in your tax treatment.
Thanks for this info! I did file Form 1120-S for 2021 and issued myself W-2s, so sounds like I've been operating consistent with S-corp status. I was just confused about whether I could put January 1 as the effective date when my LLC wasn't technically formed until March. I'll definitely check Box D1 and explain the situation in Part III as you suggested. Do you think I should attach anything else to the form when I send it in? Like copies of my 2021 tax filings to prove I've been operating as an S-corp?
Yes, you should absolutely attach copies of your 2021 Form 1120-S and any W-2s you issued yourself as supporting documentation. This demonstrates to the IRS that you've been operating consistently as an S-corporation. Also consider attaching a brief cover letter referencing the IRS notice you received and explaining your intention to address this with the late-filed election. I'd also recommend sending it certified mail so you have proof of submission. The IRS can be slow to process these, so having documentation of when you submitted everything can be important if they follow up again before processing your election.
Something nobody's mentioned yet - make sure you're using the CURRENT version of Form 2553. The IRS updated it in December 2023 and they're pretty strict about using the correct version.
Good point! I made this mistake last year and they rejected my filing, adding another 2 months to the process. You can download the current version directly from irs.gov rather than using any forms that might be outdated on tax preparation websites.
There's no catch except that you need to do the work to claim what you're owed! I missed out on the Earned Income Credit for two years because I didn't know I qualified. Amending those returns got me over $3k back. The real "catch" is that some amendments require more documentation than others. Education credits especially - make sure you have your 1098-T forms from your school and receipts for textbooks/required materials. The student loan interest is easier since your loan servicer should have sent 1098-E forms showing interest paid.
Thanks for mentioning documentation! I think I have all my 1098-Ts from school but not sure about textbook receipts from 3 years ago. Will the IRS reject my amendment if I'm missing some of the receipts?
The IRS won't automatically reject your amendment if you're missing some receipts, but you should be prepared to substantiate your claims if they ask questions. For textbooks, if you don't have the original receipts, look for credit card statements, bank statements, or emails confirming your purchases. For education credits, the 1098-T is the most important document, as it shows your enrollment and amounts paid to the institution. The IRS is more likely to focus on verifying that information rather than every individual book purchase. Do your best to create a reasonable estimate of your textbook costs if you can't find all receipts, and keep notes on how you calculated those amounts.
One thing nobody has mentioned - if you amend and get a bigger refund, you might also be entitled to interest! The IRS pays interest on refunds that are more than 45 days old from the filing deadline or the date you filed, whichever is later. I amended 2 years of returns last year and got about $3400 back plus another $126 in interest. Not a huge amount but hey, free money on top of free money lol. The interest is taxable income tho, so remember that for next year's taxes.
Does the IRS automatically add the interest or do you have to request it specifically? And do you know what the current interest rate is?
Some practical advice from someone who's been an indie contractor for 7 years: 1. Immediately open a separate business checking account and business credit card. Keep ALL business transactions separate from personal. 2. Track EVERYTHING. Every mile driven for business, every coffee with a potential client, every subscription, every piece of equipment. 3. Pay quarterly estimated taxes ON TIME to avoid penalties. I use a separate savings account and transfer 30% of each payment I receive. 4. A good CPA will likely save you more than they cost. Interview a few who specialize in self-employment. 5. Consider a SEP IRA or Solo 401k - you can contribute WAY more than with a regular 401k, which offsets some of the self-employment tax pain.
Thanks for the solid advice! For the quarterly taxes, is it just a flat 30% of income or does it vary based on what expenses I've had that quarter? Also, do most banks offer business accounts to sole proprietors or do I need an LLC first?
The quarterly tax amounts should ideally be based on your actual profit for that quarter (income minus expenses), but many contractors use a simplified approach of setting aside a percentage of gross income to make it more manageable. The 30% is just a rule of thumb - your actual percentage might be higher or lower depending on your state tax situation and deductions. Most banks absolutely offer business accounts to sole proprietors - you don't need an LLC first. You'll typically need your Social Security number and possibly a DBA ("doing business as") registration if you're operating under a business name that's not your personal name. I'd recommend shopping around as some banks offer free business checking while others charge monthly fees.
The others gave good advice on the tax side, but the critical thing I learned about contract work: GET DISABILITY INSURANCE. Like yesterday. When you're an employee, you probably have some short/long term disability coverage and workers comp. As an indie, if you get sick or injured, you get $0. Disability insurance is expensive but without it, one bad accident could financially ruin you. Same goes for health insurance if they're not offering benefits. The marketplace plans might be more expensive than you're used to with employer coverage.
Can confirm this 100%. I broke my wrist in a bike accident last year and couldn't code for 8 weeks. No income coming in but rent and bills still due. The disability insurance I had grumbled at paying for? Saved me from emptying my emergency fund.
There's actually a term for these shady preparers - they're called "ghost preparers" and the IRS has been warning about them for years. They often don't sign the returns they prepare (illegal), promise huge refunds based on fake information, and then disappear when the IRS comes calling. They target social media because they can reach lots of people quickly and disappear just as fast. Some red flags to watch for: - Promises of unusually large refunds - Fees based on percentage of your refund (illegal) - Won't sign the return as a preparer - No PTIN (Preparer Tax Identification Number) - No office address, just social media accounts - Suggesting you claim credits you don't qualify for
Do these ghost preparers ever get caught? Seems like they're scamming a lot of people and the IRS should be all over this.
Yes, the IRS does prosecute these preparers when they catch them, but it's challenging because many operate informally through social media and don't leave much of a paper trail. They often use temporary contact information, prepaid phones, and don't properly sign returns as preparers. The IRS has been conducting a nationwide crackdown on fraudulent preparers, with some high-profile prosecutions resulting in prison time and heavy fines. However, they can't catch everyone, which is why they focus on educating taxpayers about the risks. Remember, even if a preparer completes your return, YOU are legally responsible for all information on it and any resulting penalties.
Just wanted to add one thing - some of these large refunds could be legitimate if the person qualifies for refundable tax credits like the Earned Income Tax Credit (EITC). With multiple children and the right income level, the EITC can be worth thousands. The Child Tax Credit is also partially refundable. So not all big refunds are scams!
Lourdes Fox
Just want to share what worked for me when I lost my W-2 last year. Contact your HR department, not just the main company number. If it's a large company, they often have a special employee/ex-employee portal where you can download tax documents yourself. I completely forgot about this until someone reminded me. Also check if your company used a third-party payroll processor like ADP, Paychex, or Gusto. You might be able to create/login to an account there and download your documents directly! I found my missing W-2 in my ADP account even though I hadn't worked at that company for months.
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Bruno Simmons
ā¢Would this still work if it's been like over a year since I worked there? I have a similar issue but from a job I had in 2023 and I just realized I never received one of my W-2s when organizing for this year's taxes.
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Lourdes Fox
ā¢Yes, it should still work! Most payroll systems keep your documents available for several years. I was able to log into my ADP account almost 2 years after leaving a job and still access all my tax documents. If you can't remember which payroll system they used, try contacting any former coworkers who might know. Even if you don't have login credentials anymore, these services usually have account recovery options using your SSN and personal info to verify your identity.
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Aileen Rodriguez
Whatever you do, DON'T file without including all your income! I made this mistake a few years ago and the IRS sent me a CP2000 notice about 6 months later saying I underreported my income. They assessed additional tax plus interest and a penalty. Just file for an extension with Form 4868 if you need more time to sort this out! That gives you until October 15th to file your actual return, though you still need to pay any estimated taxes by the regular deadline.
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Zane Gray
ā¢How much was the penalty when you got caught? I'm trying to decide if it's worth the hassle of tracking down a W-2 from a job where I only made like $1200 total.
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