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Will I need to pay back my stimulus check after incorrectly filing as independent?

So I just realized I've been messing up my taxes for like 3 years by thinking I couldn't be claimed as a dependent when apparently I could have been all along. Total facepalm moment. I'm gonna have to file amendments for 2022 and 2021 to pay the taxes I underpaid because of this stupid mistake. But what's really freaking me out is that I got that third stimulus check back in 2021 ($1400). Am I gonna have to pay that back now?? I filed as independent in 2020, but technically could have been claimed as dependent in 2021. I'm super confused because I thought eligibility was based on your 2020 tax return anyway. Would changing my filing status on the amendments mean I have to return that money?? Really hoping someone can clear this up for me!

Something that hasn't been mentioned here - when you file your amended returns, be prepared for them to take FOREVER to process. I filed an amended return last year and it took almost 8 months to get processed. Just make sure you pay any additional tax you calculate you'll owe when you submit the amendment to avoid penalties and interest continuing to accumulate.

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8 MONTHS?? Ugh that's so much worse than I thought. Do you know if there's any way to check the status of an amended return after you submit it?

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You can check the status of your amended return using the "Where's My Amended Return" tool on the IRS website. You'll need your SSN, date of birth, and zip code. The tool will tell you if it's been received, adjusted, or completed. But honestly don't expect updates very often - mine sat on "received" for about 6 months before changing to "adjusted". The key thing is to pay whatever additional tax you calculate when you submit the amendment. That way even if it takes forever to process, you won't be racking up additional penalties and interest.

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Just want to add - if filing these amendments is going to result in you owing a substantial amount that you can't pay all at once, you can set up a payment plan with the IRS. I had to do this last year and it was actually pretty easy to set up online.

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This is good advice. I set up a payment plan too after I had to amend 3 years of returns. The interest rates aren't great but way better than credit card debt. And it keeps you from getting nasty letters from the IRS.

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What's the best way to arbitrage between Corporate and Personal income tax rates?

So here's my situation - I own a small IT consulting business outright (100% ownership) and I've been looking at the tax implications. I noticed that the corporate tax rate is only 25% while personal income tax can hit 45% at the highest bracket! This got me thinking... Could I potentially set up a separate business account from my main company and just use that for personal expenses like groceries, dining out, my apartment rent, and entertainment without formally claiming them as business expenses? Would this approach be legal or am I missing something fundamental about corporate/personal tax separation? I'm trying to understand the most tax-efficient way to structure things without crossing any lines with HMRC.

The most tax-efficient way is usually a small salary just above the NI threshold (around ยฃ9,500) and then dividends for the rest. That way you get your personal allowance but don't pay much NI, and dividends are taxed more favorably than salary. But you CANNOT just use company money for personal stuff - that's basically stealing from the company (even if you own it).

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Jacob Lee

Author

What about directors loan accounts? I've heard you can borrow from your company?

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Yes, director's loan accounts are an option, but they come with strict rules. You can borrow from your company, but if the loan exceeds ยฃ10,000, it's considered a benefit in kind and you'll pay income tax on it. Additionally, if the loan isn't repaid within 9 months after your company's year-end, the company will have to pay a temporary tax (currently 33.75%) on the outstanding amount. When the loan is eventually repaid, the tax can be reclaimed, but it creates cashflow issues. Also, if you repeatedly take out loans and repay them (bed and breakfasting), HMRC has anti-avoidance rules that will catch this. Director's loans are legitimate but not a good long-term strategy for extracting value compared to the salary+dividend approach.

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Has anyone actually been caught doing this? Asking for a friend...

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Yes! My brother-in-law tried something similar with his plumbing business. HMRC did a routine VAT inspection which led to them looking deeper at his accounts. They found personal expenses being paid directly from the business account and hit him with additional income tax, NI contributions, penalties AND interest going back 4 years. Cost him over ยฃ30k in total and now he's on their high-risk list for future audits.

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Is the deadline to claim a refund for 2020 tax year May 17, 2024?

Hey tax people! I'm in a bit of a panic here. So I was going through some old paperwork and realized I never filed my 2020 taxes. I know, I know, totally irresponsible. But I'm pretty sure I'm owed a refund from that year and I remember hearing something about a 3-year window to claim refunds. I'm trying to figure out if May 17, 2024 is the absolute deadline for me to file and get my 2020 refund money? I think the original filing deadline for 2020 taxes was pushed back because of COVID stuff, right? So does that mean the refund deadline got pushed too? I'm freaking out a bit because that's coming up soon and I need to get my paperwork together. I'm wondering if I should just use TurboTax or if I need to see a professional at this point. Any help would be super appreciated!!!

Don't forget that even though May 17 is the deadline, if you're owed a refund there's NO penalty for filing late! The only "penalty" is that after the 3-year window, you lose your refund completely. So don't stress too much about having missed the original deadline.

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That's a huge relief! So just to be 100% clear - as long as I file by May 17, 2024, I'll get my full refund amount for tax year 2020 with no penalties at all? Even though I'm super late?

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That's exactly right! If you're DUE a refund, the IRS doesn't penalize you for filing late. They only assess penalties and interest when you OWE them money. Just make sure you get it postmarked by May 17, 2024, and you'll receive your full refund amount. The only downside to filing late is that you've essentially given the government an interest-free loan of your refund money for the past few years.

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Has anyone used FreeTaxUSA for filing prior year returns? I know we're limited to paper returns for 2020 now, but wondering if their software still works well for preparing older returns to print and mail?

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I used FreeTaxUSA for my 2019 return last year when I was in a similar situation. They charge like $15 for state returns but federal is free. Their interface for prior years is identical to current years and super straightforward. Printed everything, mailed it in, and got my refund about 8 weeks later. Definitely recommend for older returns.

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Need urgent help understanding the K-1 form! What am I supposed to do with this?

Hey everyone, I just received a K-1 form in the mail from a business my uncle had me invest in last year and I'm completely lost. This is my first time getting one of these and I have no idea what to do with it or how it affects my taxes. I've always just had W-2s before. The form shows I apparently made about $3,800 in "partnership income" but I never actually received any money. There's also some weird numbers in boxes about "passive activities" and "at-risk limitations" that make zero sense to me. Do I need to report this on my taxes even though I didn't get any cash? Will I owe taxes on money I never saw? Do I need to fill out additional forms? I'm using TurboTax and don't know where to input this information. My uncle says "don't worry about it" but that doesn't seem right. Any help would be really appreciated because the filing deadline is coming up and I'm starting to freak out!!

One important thing nobody's mentioned yet - your K-1 should have come with supplemental information explaining some of the entries. Partners/S-corps are supposed to provide additional details for certain boxes. Check if there were any other pages that came with your K-1 that might explain some of the entries. Also, if your uncle got you into this investment, he should be helping you understand the tax implications! Partnership taxation is complex and you should probably talk to a tax professional if this involves significant money.

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Thanks for mentioning this! You're right - there were actually a few extra pages that came with the K-1 that I ignored because they looked like gibberish to me. Just checked and they do have some explanations about the passive activity stuff. Would you recommend I still get professional help or is this something I can handle with tax software if I'm careful?

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For a relatively simple K-1 showing only $3,800 in income, you can probably handle it with good tax software if you're careful. Since this is your first K-1, learning how to report it properly now will help you in future years. If the investment becomes more complex or involves much larger amounts, then professional help would be worthwhile. Just make sure you keep copies of all K-1s and supplemental information, as you'll need them if you ever sell your interest in the partnership to calculate your basis.

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Don't forget that K-1 income often means you might need to make estimated tax payments next year if the partnership doesn't withhold taxes! That was my expensive lesson after my first K-1. Got hit with underpayment penalties because I didn't realize I needed to make quarterly payments.

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This is so important! I learned this the hard way too. Also worth noting that some states require estimated payments even if federal doesn't. My state has a much lower threshold for when you need to start making estimated payments.

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Will sending extensive documentation to the IRS for late 2553 election irritate them?

So here's what I'm dealing with: I need to submit a late election for Form 2553 (S Corporation election). During my research, I found out I should include supporting documentation to demonstrate I've been filing as an S corp consistently - basically proving I've been operating under the assumption that my election was properly filed. Everything I've read suggests sending ALL possible documentation they might need upfront to avoid rejection due to incomplete information. The issue is my original 2553 form was submitted during peak COVID times, and now I'm preparing what's turning into a pretty substantial packet of documentation. I'm worried that sending the IRS this massive fax with tons of supporting docs might annoy them and potentially work against me rather than help my case. Has anyone had experience with submitting large documentation packages to the IRS? Will overwhelming them with papers make them more likely to reject my request out of frustration? Or is it actually better to be thorough and give them everything they might need to make a decision?

Listen, I used to work at the IRS (not anymore thank god lol). The REAL truth is they don't care how big your package is ๐Ÿ˜‚ but they DO care if it's disorganized. My advice: 1. Make a cover letter explaining EXACTLY what you're requesting 2. Include a table of contents for your docs 3. Number ALL pages 4. Highlight the important parts on each doc 5. Include the relevant IRS rule that allows for late election (Rev Proc 2013-30) I processed thousands of these. The ones that got approved fastest were the organized ones, not necessarily the smallest ones.

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Would you recommend mailing it certified so I have proof they received it? I've had stuff "lost" by the IRS before.

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Absolutely use certified mail with return receipt. That gives you proof of when it was received and by whom. Keep a complete copy of everything you send (EVERYTHING) including the certified mail receipt. Also good practice to follow up by phone about 30 days after sending to confirm it's been received and assigned to someone. Ask for the status and document who you speak with. If you get nowhere with that call, wait 2 weeks and try again.

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Has anyone actually successfully done a late s-corp election? I'm in the same boat (forgot to file my 2553 when I started my business in 2023) and now trying to fix it before filing 2024 taxes. My accountant says it's possible but I'm worried about getting denied and having to pay the higher taxes.

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I did it in 2022 and got approved! The key is showing that you've been consistently treating the business as an S-corp in all your filings and operations. In my case I had filed corporate returns, taken reasonable salary, etc. They approved it retroactively even though I was like 18 months late with the election.

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