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Just wanted to add - whatever you do, DON'T just ignore reporting the income. My brother did that with a small job (about $1200) a few years ago, and the IRS sent him a notice about 8 months after he filed. They had the W-2 info from the employer, assessed additional tax plus a 20% accuracy-related penalty AND interest. It ended up costing way more than if he'd just handled it correctly from the start.
Thanks for sharing that! That's exactly what I was worried about. Did your brother have to file an amended return or did the IRS just send him a bill?
The IRS sent him a CP2000 notice showing the discrepancy and their calculation of what he owed. He had the option to dispute it or agree and pay. Since it was legitimate income he hadn't reported, he just paid the amount. It wasn't catastrophic, but definitely more expensive and stressful than if he'd just reported it correctly the first time. The peace of mind from doing it right is worth the extra effort now.
If the company truly went out of business and you have absolutely no way of getting the W-2, you should contact your state's Department of Labor. Many states require companies to maintain certain records even after closing, and the DOL might be able to help you get the information you need. Worked for me in a similar situation last year!
This is great advice. I had a similar issue and found out the payroll records were being maintained by a third-party processor even though the business was gone. Might be worth checking if you know what payroll service they used.
Don't forget to check if your state/county offers any small business exemptions. Here in Texas, we have a "Freeport Exemption" and a "De Minimis Exemption" that can reduce or eliminate business personal property tax in certain cases. I didn't know about either one until my third year in business and had been paying unnecessarily. Also, keep REALLY good records of when you buy equipment and how much you paid. I learned this the hard way when I had to estimate values and ended up overpaying. Create a simple spreadsheet now with all your business assets, purchase dates, and costs - you'll thank yourself every year at filing time!
Is there an easy way to find out about these exemptions? The forms I got don't mention anything about potential exemptions for small businesses.
The easiest way is to go directly to your county assessor's website and look for a "Business Personal Property" or "Exemptions" section. They often have PDFs explaining what's available locally. If that doesn't work, try calling your state department of revenue - they usually have the most comprehensive information. Local exemptions aren't always well-advertised, which is unfortunate but common. Sometimes local business development centers or SCORE offices also keep guides about local tax exemptions for small businesses. Worth checking all these sources since exemptions can save you hundreds or even thousands depending on your business assets.
The most important thing with business personal property tax is being consistent with your reporting. If you say you have a $1000 computer this year, don't forget about it next year! The assessors actually compare year-to-year filings and will flag inconsistencies. I made this mistake and ended up with an audit. Also, don't include consumables like office supplies that get used up within a year. Only report durable goods (furniture, computers, machinery, etc.) that have multi-year lifespans. And if you're working from home, only include the percentage of items used for business - though honestly, for a home office I'd just report 100% business use for dedicated equipment to keep it simple.
For future reference, another option for S-Corp filing is to use Form 7004 to get an automatic 6-month extension for your 1120S. That would have pushed your deadline to September 15th instead of March 15th. A lot of S-Corp owners do this to give themselves more time to properly prepare their business returns, especially in the first few years when you're still figuring things out. Just remember you still need to pay any estimated taxes owed by the original deadline.
That's really helpful to know for next year. Do you need to file anything special to request the extension or is it just a simple form? And does getting this extension for the business return also give you more time for your personal return?
Filing for the extension is very straightforward - Form 7004 is a simple one-page form that you can e-file. You don't even need to provide a reason for needing the extension. The S-Corp extension does not automatically extend your personal return though. Those are separate filings with different deadlines. You'd need to file Form 4868 to extend your personal 1040 if needed. But having the business extension gives you more time to get the K-1 properly prepared, which makes your personal return more accurate when you do file it.
Friendly reminder that if you have an S-Corp LLC, you should be paying yourself a "reasonable salary" through payroll with appropriate withholdings. This is one of the most common mistakes new S-Corp owners make - taking distributions without paying yourself a proper salary first. The IRS looks closely at this.
Don't forget to adjust your estimated tax payments for this year so you don't get hit with the same penalties again! The IRS expects you to pay either: - 90% of your current year's tax, OR - 100% of last year's tax (110% if your AGI was over $150,000) I learned this the hard way too. Now I use the worksheet on Form 1040-ES every quarter to stay on track. Also consider using the Electronic Federal Tax Payment System (EFTPS) to schedule payments in advance so you don't forget.
Thanks for the reminder! Do you think it's better to slightly overpay each quarter to be safe? And is there any penalty for overpaying?
I do think it's better to slightly overpay - I usually aim for about 5-10% over what I calculate. There's no penalty for overpaying, and you'll just get the excess back as part of your refund when you file. The only "downside" is that you're essentially giving the government an interest-free loan, but for me, the peace of mind is worth it. I've also found it helpful to set aside a consistent percentage of all income rather than trying to calculate exact amounts. For instance, I put away 30% of all payments I receive into a separate savings account designated just for taxes, then make my quarterly payments from there.
Has anyone tried requesting penalty abatement through tax software like TurboTax or H&R Block? I'm in a similar situation and wondering if I need to deal directly with the IRS or if the software can handle it.
Most tax software doesn't handle penalty abatement requests very well. I tried using TurboTax for this last year and ended up having to call the IRS directly anyway. The software is great for filing but not so much for post-filing issues like penalties.
Jay Lincoln
As someone who deals with this regularly, here's what you need to understand: the 1099 is just an information return. For US citizens, that interest gets reported on Schedule B and is taxable income. For non-resident aliens, if you're from a country with a tax treaty that exempts bank deposit interest, you need to: 1) Submit W8BEN to your broker (should be done before they issue 1099s) 2) File Form 1040NR if required 3) Include Form 8833 to claim treaty benefits If your broker already submitted the incorrect 1099 to the IRS, you'll need to file a return to claim the exemption or they'll eventually send you a notice about unreported income.
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Jessica Suarez
ā¢What's the deadline for filing the W8BEN? I have a similar situation but my broker keeps saying they need extra documentation beyond just the W8BEN form and I'm getting worried about timing.
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Jay Lincoln
ā¢Technically the W8BEN should be on file before any payments are made to you, but you can submit it anytime. It's valid for three years from the date signed unless your circumstances change. Some brokers do require supporting documentation like a certificate of residence from your home country's tax authority or copies of your passport/visa. This varies by institution and sometimes depends on the amount of money involved. If they're asking for extra documentation, it's best to provide it quickly rather than argue, as they can withhold at the full 30% rate without proper documentation.
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Marcus Williams
I'm confused about something else related to this - I have interest from a savings account (about $350 last year) but never received a 1099. Do I still need to report this? Does the bank report it to the IRS even without sending me a form?
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Taylor Chen
ā¢Yes, you absolutely need to report it even if you didn't receive a form! Banks only send 1099-INTs when the interest is $10 or more, but ALL interest income is taxable and must be reported on your return. And yes, the bank almost certainly reported it to the IRS under your SSN even if they didn't send you a form. If you don't report it, you might get a letter from the IRS later asking about the discrepancy. It's not worth the hassle over a small amount - just include it on your Schedule B.
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