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Quick tip from someone who messed this up last year: don't just give the W-2 to your employee and think you're done! The SSA and IRS will still flag you for non-filing of the employer copies. I learned this the hard way when I got a CP215 notice with penalties six months later. Make sure you complete BOTH steps: give employee their copy AND submit Copy A with W-3 to Social Security Administration. The deadline has passed, but filing late is much better than not filing at all.
Do the penalties keep getting worse the longer you wait? I'm in the same boat but haven't done anything about it yet...embarrassed to admit I've been procrastinating dealing with this for months.
Yes, the penalties definitely increase the longer you wait. They start at $50 per form if you're less than 30 days late, then jump to $110 per form if you're between 30 days and August 1, and finally to $290 per form after August 1. Plus, if they determine you intentionally disregarded the filing requirement, it can go up to $580 per form! So my advice is to stop procrastinating and file ASAP. Even if you're already in the higher penalty bracket, it's better to file now than wait and risk being accused of intentional disregard.
Has anyone here used the "reasonable cause" exception to get the penalties waived? I had a medical emergency that prevented me from filing on time, wondering if anyone has had success with that approach?
I successfully used reasonable cause last year! Had to include a letter explaining the situation (in my case, a family emergency and a computer crash that lost my records) along with Form 843. Took about 2 months but they waived all penalties. Make sure to be specific about exactly how your situation prevented timely filing, and include any documentation you can.
I'm a corporate accountant (not a tax professional) and see this issue frequently from the company side. One thing to check is whether your company is treating this as an "installment sale" under section 453 of the tax code. If it is an installment sale, the K-1 should have box 6c checked, and there should be an attached statement explaining the installment aspects. This means you'd only recognize gain as you receive the payments, instead of all at once. However, many companies don't properly communicate this to their PIU holders. Also, check if any portion of your PIU payment went to recapture previously allocated losses - those wouldn't technically be distributions but would reduce your capital gain amount.
Would the installment sale thing be obvious on the K-1? Mine has so many attached statements and codes that I can barely make sense of it. Is there a specific form or attachment I should be looking for?
The installment sale election would be indicated on your K-1 with box 6c checked (it's labeled "Net section 1231 gain"). Then there should be an attached statement with "Form 6252" or "Installment Sale" in the title that breaks down the gross profit percentage. If your K-1 doesn't have this, ask your company specifically whether they're reporting the transaction as an installment sale. If they're not, you unfortunately will have to recognize the full gain in the current year. In that case, you should request a "tax distribution" to cover the taxes on income you haven't actually received yet - most partnership agreements have provisions for this.
Has anyone actually gone through a full audit with PIU issues? I'm in a similar situation but also received a CP2000 notice from the IRS questioning the gains reported on my return vs what was on my K-1. I'm worried the IRS won't understand these complex PIU structures.
I went through an audit last year because of exactly this situation. The key was having detailed documentation from the company explaining exactly how they calculated the reported gain and why the distribution was lower. The IRS actually understood the concept pretty well once I provided the paperwork. Make sure you get: 1) The original PIU agreement, 2) Documentation of the sale transaction, 3) Calculation of your proportional interest, and 4) Explanation of why distributions differed from allocated gain. With those four things, my audit was resolved in my favor.
Your wife's doing it correctly. Her friend is likely confusing LLC rules with S-Corp rules. With an S-Corp, you can pay yourself a reasonable salary and take distributions that aren't subject to SE tax. But with a single-member LLC (without any special tax elections), 100% of the profit is considered self-employment income. I'm a contractor too, and switched my LLC to be taxed as an S-Corp after my 3rd year. The paperwork and payroll requirements are a pain, but I save about $8k annually in SE taxes. Just make sure if you go that route that you pay yourself a "reasonable" salary - the IRS watches for people paying themselves too little to avoid SE tax.
Thanks for confirming what I suspected. Do you think there's a certain income threshold where it makes sense to make the switch to S-Corp taxation? I've heard the extra administrative costs might not be worth it below a certain profit level.
Great question. Generally, most tax pros I've worked with suggest the S-Corp election starts making financial sense when your net profit is around $40,000-$50,000 annually. Below that, the administrative costs often eat up the tax savings. For context, you'll have additional expenses like payroll processing (around $50-100/month), possibly more complex tax preparation fees ($800-1500 vs maybe $300-500 for a simple Schedule C), and you'll need to run actual payroll at least quarterly. Some states also have additional fees for S-Corps. In California, for example, there's a minimum $800 annual tax just for having an S-Corp.
One thing nobody's mentioned - if your wife and her friend are getting all their work from ONE company, they might actually be misclassified! The IRS has rules about who qualifies as an independent contractor vs an employee. Having only one client is a red flag that could trigger reclassification. If they get audited, the company might be forced to treat them as employees, and then this whole LLC discussion becomes moot. Just something to consider.
This is a great point. The IRS looks at several factors to determine worker classification. Having a single source of income definitely raises flags. Other factors include: who controls when and how the work is done, who provides equipment/supplies, and whether the relationship is ongoing or project-based.
Don't forget to separate out the land value! This is a huge mistake so many first-time landlords make. You can only depreciate the building, not the land. In most areas, land is about 20-30% of the total property value, but it varies widely. Check your property tax assessment or get an appraisal that breaks down land vs. building value.
Thanks for pointing this out! I hadn't even thought about separating the land value. Do you know if I can just use the numbers from my property tax assessment, or should I get a separate appraisal specifically for this purpose?
Property tax assessments are generally acceptable for determining the land-to-building ratio, and that's what most people use. The assessment should break down what portion is attributed to land versus improvements (the building). If your property tax assessment seems outdated or inaccurate, you can get a separate appraisal, but it's usually not necessary. Just make sure you document whatever method you use to determine the ratio in case of an audit. Also, keep in mind that high-value properties sometimes get additional IRS scrutiny, so good documentation is extra important in your price range.
What about all the renovation expenses? Are those depreciated separately or added to the property basis? I'm in a similar situation and trying to figure out if I should be tracking renovation costs differently than regular repairs.
Great question! Renovations that are capital improvements (like adding a new roof, remodeling a kitchen, etc.) get added to your property's basis and depreciated over the 27.5 years. Regular repairs (fixing a leaky faucet, replacing a broken window) can be deducted as expenses in the year you pay them. The distinction is important - capital improvements are long-term enhancements while repairs just maintain the property's current condition.
Carmen Ruiz
Just wanted to add - make sure you check your e-file status on the IRS website directly too. Go to https://www.irs.gov/filing/wheres-my-refund and put in your info. Sometimes the tax software shows "completed" on their end but the actual submission to the IRS failed for some technical reason. Always save the final confirmation page as a PDF and the email confirmation from both the tax software AND the IRS. Tax software isn't perfect and ultimately the IRS holds you responsible for making sure your return is actually filed, which is totally unfair but that's how they see it.
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Sean Kelly
ā¢Thanks for this tip. I just checked the IRS website and there's definitely no record of my 2022 return. I didn't know I needed to specifically check the IRS site after filing through TaxAct - I thought the "completed" status meant everything was done. Do you know if TaxAct has any responsibility here since their interface was misleading?
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Carmen Ruiz
ā¢Unfortunately, if you read the fine print in TaxAct's terms of service, they probably have language that places the responsibility on you to verify successful transmission. Most tax software companies include clauses stating they're not liable for transmission failures or penalties. You might still have recourse though. Check if your TaxAct account shows any specific error codes related to your 2022 return. Sometimes there are failed submission codes that can help prove you attempted to file but their system had an issue. Also, print out your complete 2022 return from TaxAct to show it was completed on time, which will help with your penalty abatement request to the IRS.
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Andre Lefebvre
This happened to my sister too! She used TaxAct for 2021 taxes and thought everything went through but found out a year later nothing was ever filed. She called the IRS Taxpayer Advocate Service at 877-777-4778 and they were super helpful. They assigned her a case worker who helped get the penalties removed since she could prove she completed the return in TaxAct before the deadline. Make sure you file ASAP and then immediately request penalty abatement using IRS Form 843. Include screenshots showing you completed the return in TaxAct before the deadline last year. The key is filing the correct form and explicitly requesting "First Time Penalty Abatement" if you've had no penalties in the past 3 years.
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Zoe Dimitriou
ā¢Did the Taxpayer Advocate actually answer the phone when your sister called? I've tried calling them multiple times and always get a message saying they're too busy and to call back another time.
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