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Just wanted to add that my CPA confirmed this is legit but said to be VERY careful. He's seen several clients get audited specifically for Section 179 vehicle deductions. He said if you claim 100% business use on a vehicle that could reasonably be personal (like a luxury SUV), it's a potential red flag. He recommended keeping these records for EVERY business trip: - Exact mileage - Date and time - Business purpose - Who you met with - What was discussed And get the vehicle's exact weight from the manufacturer's specs, not just the general model info.
Does your CPA think it's better to lease these vehicles instead of buying them outright? I've heard leasing changes the tax treatment somehow.
He actually said it depends on your specific situation. Leasing has different tax treatment - you can deduct the actual lease payments rather than using Section 179 or depreciation. This can sometimes be advantageous if you don't have enough income to utilize the full Section 179 deduction in one year. The luxury auto lease rules can make things more complicated though. For expensive vehicles, the IRS requires an "inclusion amount" that effectively reduces your deduction for leased vehicles above certain thresholds. Definitely something to discuss with your own tax professional based on your specific business needs and financial situation.
Someone PLEASE correct me if I'm wrong, but I think these videos mislead on one big point - you don't actually save the full 30-40% of the purchase price in taxes unless you're in the highest tax brackets. The deduction reduces your taxable income, not your actual tax bill directly. So if you're in like a 24% tax bracket, a $80,000 deduction would save you about $19,200 in taxes (24% of $80,000), not $30,000-40,000 like some videos claim.
Just want to add something that no one's mentioned yet. When you take the missed RMD now, make sure your custodian codes it correctly on the 1099-R they'll issue. They should code it for the year you actually take it (2023), not 2022. This is important because you'll include that distribution on your 2023 tax return, not your 2022 return. The Form 5329 for the missed 2022 RMD gets filed with your 2022 return (or separately if you've already filed). Also, don't forget you still need to take your regular 2023 RMD by the end of this year too. So you'll be taking two distributions this year.
Thank you for pointing this out! I was actually confused about which tax year to report the missed distribution in. So to clarify - we take the missed 2022 RMD amount now, report it on our 2023 taxes, but file the Form 5329 with our 2022 taxes (or separately if we already filed)? And we still need to take the full 2023 RMD by the end of this year? That means double distributions this year, right?
That's correct. The missed 2022 RMD that you take now will be reported on your 2023 tax return because that's when you actually received the money. The Form 5329 reporting the missed RMD goes with your 2022 return because that's the year you were supposed to take it. Yes, you'll need to take both distributions this year - the missed 2022 one and your regular 2023 RMD. This sometimes creates a slightly higher tax situation since you're bunching two distributions in one tax year. If the combined amount might push you into a higher tax bracket, you might want to talk to a tax professional about timing the distributions to minimize the impact.
My father had this exact issue with a missed RMD and the IRS actually rejected his waiver request the first time. What worked was filing an appeal with additional documentation. He ended up getting the entire penalty waived after the appeal. The key was providing documentation that showed a pattern of compliance before the missed year. He included statements showing he had taken proper RMDs for the previous 3 years. Also, if the inherited IRA is from a spouse, check if you qualify for different RMD rules. The requirements can be different depending on whether you're a spousal beneficiary or non-spousal beneficiary.
One thing nobody has mentioned yet - if you're starting mid-year like you are, you might need to adjust your withholding differently than if you were working the full year. The withholding tables assume you're making that income for the entire year, so sometimes you need to account for that. Also, since your husband makes a good chunk on commission, you might want to look at your total tax situation quarterly. My wife and I do a "check-in" every quarter to see if we need to adjust withholding based on how commissions are trending.
That's a really good point about starting mid-year! So should I have more or less withheld since I'm starting in March rather than January? And I like the idea of quarterly check-ins - do you use any particular method to estimate where you stand?
Since you're starting mid-year, you'll have less annual income than your salary rate would suggest for a full year, which could actually result in overwithholding if you don't account for it. However, this might balance out with your husband's income putting your combined total in a higher bracket. For our quarterly check-ins, we use a simple method. We take our year-to-date income from paystubs, multiply our most recent month by however many months are left in the year, add in expected bonuses/commissions, then use a tax calculator to estimate our total tax. Then we compare that to how much tax has been withheld so far plus what will likely be withheld for the remainder of the year. If there's a gap of more than $1,000 in either direction, we adjust our W4s.
Something that tripped me up when I first moved to the US was understanding that the W4 isn't just a one-time thing. You can (and should) update it whenever your financial situation changes! Your best bet is probably to start with the IRS Tax Withholding Estimator tool online. It walks you through everything step by step and gives specific numbers to put on your W4.
The IRS Withholding Estimator is good but I found it super confusing to use. It asks for so much detailed information that I wasn't sure where to find on my paystubs. Does anyone know a simpler alternative?
One important thing nobody's mentioned - S-Corps are required to have minutes of annual meetings, even if your sister is the only shareholder/officer. This is called "maintaining corporate formalities" and it's SUPER important if you want to keep the liability protection an S-Corp provides. If she hasn't been doing bookkeeping, I'm guessing she hasn't been keeping minutes either. When I went through something similar, my lawyer had me create backdated minutes (obviously dated accurately) documenting major business decisions for the past years. It's something she should discuss with both her accountant AND a business attorney. If you don't maintain these corporate formalities, someone could potentially "pierce the corporate veil" in a lawsuit and come after her personal assets. The whole limited liability thing only works if you actually treat the corporation as separate from yourself.
Thanks for bringing this up - I hadn't even thought about the corporate formalities aspect. Do you think it's still possible to create those minutes retroactively without it looking suspicious? And would a regular business attorney handle this or does she need someone who specializes in tax issues?
Creating retroactive minutes is actually a common practice when catching up on corporate formalities. The key is to be honest about the dates - you're creating the documentation now, but accurately reflecting when decisions were made. You want to document major business decisions like officer appointments, banking authorizations, major purchases, etc. A regular business attorney who works with small corporations should be fine for this - you don't need a tax specialist for the corporate formalities aspect. Many attorneys will even provide templates for these minutes to make it easier. The important thing is showing a good faith effort to comply with requirements going forward while documenting the history as accurately as possible.
Just a heads up that if your sister has been taking money out of the business without doing proper payroll, the IRS can reclassify ALL distributions as wages subject to employment taxes. I've seen this happen to clients and it can result in massive tax bills with penalties and interest. The S-Corp advantage is ONLY realized when you properly balance reasonable salary (subject to payroll taxes) with distributions (not subject to self-employment tax). If you're not running payroll at all, you're basically just creating a compliance nightmare without any of the tax benefits.
Keisha Johnson
One thing nobody mentioned - if you do agree with the CP2000 adjustment, make sure you check if it affects your state taxes too! I made that mistake and ended up getting a similar notice from my state a few months later. Had to pay additional interest because I didn't amend my state return after resolving the federal issue.
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Dylan Campbell
ā¢Oh man I didn't even think about state taxes! Does anyone know if I need to contact my state tax department proactively or wait to see if they send me something?
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Keisha Johnson
ā¢It depends on your state, but most states automatically receive information from the IRS about adjustments to federal returns. However, you usually need to be proactive and file an amended state return rather than waiting for them to contact you. In most states, you have a certain timeframe (often 60 or 90 days) after finalizing changes with the IRS to submit an amended state return without additional penalties. If you wait for them to notice and contact you, you'll likely end up paying more in interest and possibly penalties too.
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Paolo Longo
When you respond to the CP2000, make sure you include ALL documentation they ask for, not just some of it. I made that mistake and it dragged my case out for months because they kept requesting additional info. Even if you think a document isn't relevant, if they ask for it, include it!
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CosmicCowboy
ā¢Is it better to mail the response or use their online portal if available? I've heard horror stories about mailed documents getting lost.
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