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Just want to add that the CARES Act also gave the option to spread the income (not the penalty, but the actual distribution income) over 3 years on your tax returns, even if you didn't recontribute. So your cousin might have elected to report 1/3 of the distribution on his 2020, 2021, and 2022 returns. If he did that, he might want to consider the tax implications before recontributing the full amount.
That's a good point I hadn't considered. Do you know if he would need to amend all three years of returns if he decides to recontribute now? Or is there a simpler process?
Yes, he would need to file amended returns for any tax year where he reported income from the distribution. So if he reported 1/3 of it on his 2020, 2021, and 2022 returns, he would need to file amended returns for all three years to get back the taxes he paid on those amounts. There's no shortcut process unfortunately - each year needs its own amended return. The sooner he does it the better, especially for 2020, since the time limit for amendments is approaching. One strategy some people use is to only recontribute the amount necessary to avoid being pushed into a higher tax bracket for those years.
My tax preparer told me that for 2020 specifically, you actually needed to designate on your tax return that the distribution was COVID-related by filing Form 8915-E. Did your cousin do that when he filed his 2020 taxes? If not, he might need to amend his 2020 return first before he can take advantage of the penalty waiver or recontribution options.
This is correct. I worked at H&R Block that year, and Form 8915-E was specifically for reporting coronavirus-related distributions. Without that form being filed, the IRS would have processed the distribution as a regular early withdrawal subject to the 10% penalty.
One thing nobody's mentioned yet - if you're planning to grow significantly, the C Corp structure might have long-term advantages. I switched from S-Corp to C-Corp last year because: 1) We wanted to reinvest most profits into scaling the business 2) The flat 21% corporate rate was lower than my personal tax bracket 3) We're planning to seek outside investors eventually 4) We could provide better benefits (health insurance, etc.) The key is whether you plan to keep most money in the business. If you're regularly pulling out profits, you'll face that double taxation issue with C-Corps (corporate tax + dividend tax). Also worth noting: the timing of your entity change might trigger a "short year" for tax purposes, requiring multiple tax returns for the same calendar year. Can get complicated!
This is really helpful info. We're definitely planning significant growth - the reason we're putting half back into the business is for expansion. How complicated was the switch from S-Corp to C-Corp? Were there any unexpected consequences?
The switch itself wasn't too complicated - just filing Form 8832 to elect C-Corp tax treatment. The more complex part was adjusting our accounting systems and planning for the different tax treatment. The unexpected consequences were mostly around compensation strategy. As an S-Corp owner, I was focused on taking enough salary to appear "reasonable" to the IRS but not overpaying on payroll taxes. With a C-Corp, the incentives flip - higher salaries (which are deductible to the corporation) can sometimes be more tax-efficient than dividends. Another surprise was the estimated tax payment schedule for corporations is different from individuals. We had to adjust our cash flow planning to account for that.
Quick tip: Don't forget about QBI (Qualified Business Income) deduction! If you stay as a partnership or go S-Corp, you might qualify for up to 20% deduction on your pass-through income. This is HUGE and can make pass-through entities more attractive than C-Corps in many cases. C-Corps don't get this deduction. At $120k in profits (split between two people), you'd likely qualify for the full QBI deduction without running into the income limitations or service business restrictions.
Is the QBI deduction permanent though? I thought it was one of those temporary tax law changes that expires soon?
Just a heads up - the 1098-T that schools send out goes to the IRS too, so they'll know if you received one and didn't report it. My cousin tried skipping his a few years back and got a letter from the IRS about 6 months later asking why the information didn't match their records. It turned into a huge hassle with him having to file an amended return. The penalty wasn't huge but the stress and paperwork definitely wasn't worth it. Just include it even if you think you won't get much back.
Did your cousin actually get penalized financially or just had to correct his taxes? I'm still on the fence about how much effort I want to put into this for potentially just a few bucks back.
He had to pay a small accuracy-related penalty of about $50 plus interest on the additional tax he ended up owing after properly reporting everything. The bigger pain was having to go through the amended return process which took months to resolve. The thing is, you might be leaving more money on the table than you realize. When properly claimed, education credits can be worth up to $2,500 for the American Opportunity Credit. Even if you only got $69 last year, it's worth double-checking if you entered everything correctly before deciding it's not worth the effort.
A tip from someone who processes financial aid: Make sure you're differentiating between loans and grants correctly on your taxes. Grants that exceed your qualified education expenses (tuition, fees, books) may actually be taxable income, while loans aren't taxable but can count toward education credits. For the American Opportunity Credit specifically, there's a specific order of operations that determines how much you can claim. If your grants covered everything, you might not qualify for much. But if loans paid for even part of it, you could be eligible.
Do you have any tips for figuring out if grants were used for qualified expenses vs living expenses? My 1098-T just shows the total amount billed and total scholarships/grants, but doesnt break down what was used for what.
Everyone's focusing on the technical stuff but don't forget about the mental game. I totally panicked my first year self-employed and made things worse by avoiding it. Set aside a weekend, get your bank statements, credit card bills, and whatever receipts you have. Make it a project. Sort everything by month. For the home office, take photos of your workspace now as documentation. For next year, get a separate credit card just for business expenses - makes things SO much easier. And definitely set calendar reminders for quarterly payments for 2025!
This is good advice but I'm wondering about audits. If the OP puts together all this documentation now in December, doesn't that look suspicious? I've heard the IRS can tell when you're backfilling information.
Creating documentation now isn't suspicious at all - many business owners reconcile their books at year-end. The IRS is concerned with whether expenses are legitimate, not when you organized the records. As long as the expenses actually happened and you have some form of proof (bank statements, receipts, credit card statements), you're fine. The IRS gets concerned when expenses appear fabricated or when there's no supporting documentation at all. They understand that not everyone is a bookkeeping expert, especially first-time self-employed folks. Just be honest, reasonable with your deductions, and keep all the supporting documents you can find.
Uhhh, am I the only one who thinks you might actually be pretty screwed on the delivery work part? I did DoorDash for a while and if you didn't track ANY mileage contemporaneously, making it up after the fact is technically not allowed. Bank statements won't show miles driven. You can estimate based on delivery history, but if you get audited, they might disallow it entirely.
That's not entirely true. The IRS prefers contemporaneous records, but they do accept reconstructed logs if they're reasonable. I had to do this after losing my mileage notebook, and my accountant said it's acceptable if you can show how you arrived at the numbers using delivery records, maps, etc.
Emily Jackson
Make sure you keep ALL your supporting documentation accessible for at least 4-5 years. My company claimed ERC in early 2022, got our refund about 3 months later, and then just received an audit notice last month asking for additional documentation proving our eligibility. We had everything organized (quarterly P&Ls showing revenue decline, employee counts by quarter, detailed wage calculations showing PPP vs non-PPP payroll, etc.), but I'm seeing forum posts from people who didn't keep good records and are really struggling with audits. The IRS is definitely increasing scrutiny on these claims.
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Nia Thompson
ā¢That's concerning. What specific documentation did they request in the audit? Was it focused more on proving eligibility (the revenue decline) or on the wage calculations?
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Emily Jackson
ā¢They wanted both types of documentation. For the eligibility part, they requested quarterly profit and loss statements for both 2019 and 2020 to verify our claimed revenue decline. They also asked for bank statements showing deposits that would substantiate our gross receipts. For the wage calculations, it was much more detailed. They requested payroll registers for all quarters claimed, documentation showing which employees' wages were claimed, evidence of how PPP funds were allocated to specific payroll periods, and health insurance allocation methodology. They even asked for copies of our PPP loan applications and forgiveness documentation to cross-reference. The most time-consuming part was providing a spreadsheet reconciling the qualified wages on our 941-X with our actual payroll records. I recommend creating and saving this type of reconciliation when you do your initial filing - recreating it a year later was a nightmare.
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Liam Mendez
Anyone know the current processing timeframe for 941-X refunds? I submitted mine for Q2 and Q3 2020 about 12 weeks ago and haven't heard anything.
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Sophia Nguyen
ā¢I submitted in January 2023 and just got my refund last month, so about 7 months. But I've heard some people waiting over a year now. The IRS is overwhelmed with these claims and there's been increased scrutiny because of all the fraudulent claims submitted by sketchy ERC mills.
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