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One thing to consider with an OIC is that you'll need to stay completely compliant with all tax filings and payments for the next 5 years after acceptance. If your brother struggles with executive functioning, make sure you have a plan in place to help him stay on top of quarterly estimated payments and annual filings. I've seen people get their OICs accepted only to default because they couldn't maintain compliance. The IRS will reinstate the original debt (minus payments made) if compliance isn't maintained.
That's really important to know - I hadn't considered the long-term compliance requirements. If the OIC is accepted, I'll definitely need to set up a system to help him stay on track with quarterly payments. Maybe setting up automatic transfers to a tax savings account? Would monthly estimated payments be allowed instead of quarterly to make it more manageable?
Monthly payments towards quarterly tax obligations are definitely doable and often more manageable for people with executive functioning challenges. I recommend setting up an automatic transfer to a separate "tax account" on a monthly basis. The IRS just wants their quarterly payments received on time - they don't care how you save for them. Another approach that helps many of my clients is having a tax professional set up automatic reminders and check-ins. The most important thing is creating a system that doesn't rely on memory or executive function. Payment plans with automatic drafts can also be very helpful if needed in the future.
Make sure your brother's living situation is clearly documented when submitting the OIC. If he's living with your parents without paying rent, the IRS might assign "housing value" as income. You'll need to explain if this is a temporary hardship arrangement or if there are caregiving responsibilities involved. Also, does he qualify for any assistance programs based on his income level? Participation in certain assistance programs can strengthen a hardship claim.
This is a great point. When I submitted my OIC, the IRS initially rejected it because they calculated "imputed income" for my housing situation since I was staying with family. I had to resubmit with documentation showing the arrangement was temporary due to financial hardship.
Thank you for pointing this out! He actually does help care for our parents occasionally, so I'll make sure to document that as part of the living arrangement. He doesn't currently receive any assistance programs but may qualify for some based on income. Would applying for those programs before submitting the OIC be beneficial? Or would that potentially complicate matters?
Just so we're clear about the tax savings structure of an S-Corp: When you take money as salary: - You pay income tax - You pay employee portion of FICA (7.65%) - Your business pays employer portion of FICA (7.65%) - Plus unemployment taxes When you take money as distributions: - You pay income tax - NO FICA taxes! That's why the salary vs. distribution split matters so much. But remember the salary MUST be reasonable for your role or you're asking for trouble. I've been running my S-Corp for 7 years and my accountant says the IRS is increasingly scrutinizing S-Corps with unusually low salaries compared to distributions.
How do you determine what percentage is "reasonable"? Is there a specific formula the IRS uses or is it more of a judgment call?
There's no specific formula or percentage the IRS mandates - it's more of a facts and circumstances test. The IRS looks at factors like your qualifications, duties, time spent in the business, what comparable positions pay in your industry and region, and the financial performance of your business. For some businesses, a 50/50 split might be perfectly reasonable, while in others (especially service businesses where the owner's expertise is the primary value), the salary portion should be higher. I recommend researching salary data for your position in your area using resources like the Bureau of Labor Statistics or industry compensation surveys to support whatever split you choose.
I've used both. Gusto is MUCH more user-friendly for S-Corp payroll specifically. They have an owner setup wizard that walks you through things like reasonable compensation documentation. QuickBooks is more robust for overall accounting but their payroll can be confusing for S-Corp owner-employees. Gusto also automatically handles all the special forms for paying yourself as an S-Corp owner.
Another option to consider for your Form 1041 estate accounting issue: I've found that most brokerages maintain underlying classification data for dividends throughout the year, even before they generate the official 1099-DIV. If you log into your online brokerage account, look for a section called "Tax Center" or "Tax Information." Many platforms allow you to generate customized tax reports for date ranges that don't align with calendar years. I was able to get this for my father's estate with Fidelity, and I believe Schwab and Vanguard offer similar functionality. The key is that you need the classification between qualified dividends (which get preferential tax rates) and non-qualified dividends for accurate Form 1041 reporting.
Does this work for accounts that hold REITs? Those distributions are especially complicated with return of capital, etc. I'm struggling with exactly this issue right now for an estate I'm administering.
Yes, it actually works quite well for REITs, which are one of the most complicated assets for estate fiscal year accounting. The brokerage's tax center will typically show the breakdown of REIT distributions into ordinary income, qualified dividends, capital gain distributions, and return of capital. For the fiscal portion where you don't yet have the official breakdown, many brokerages will let you see the preliminary classification based on what the REIT has announced. REITs are required to announce their dividend tax classifications, even though the official 1099 comes later. If you can't find this in your brokerage's system, you can often go directly to the investor relations section of the REIT's website and find their dividend tax classification announcements.
An important thing to note with Form 1041 estate filings using a fiscal year: you need to make sure you're using the correct tax rates and forms. For a fiscal year that includes parts of 2022 and 2023, you would use the 2022 Form 1041 (not the 2023 version) since the fiscal year began in 2022. But you'll compute the tax using a blended rate based on the portion of income that falls in each calendar year.
Is that really true? I thought you always use the form for the year in which the fiscal year ends. So for a Aug 2022-July 2023 fiscal year, wouldn't you use the 2023 forms since that's when the fiscal year ends?
Something else to consider - you might qualify for a reduced installment plan based on your income. I was in a similar situation last year (owed about $5K) and qualified for what they call a "streamlined" installment plan. The application is Form 9465. You'll need to provide some basic info about your income and expenses. If your income is relatively low, which sounds like it might be the case, they may approve a lower monthly payment than the standard calculation. Also, get a copy of your wage and income transcript from the IRS website. It's free and will show exactly what's been reported for you. This helps make sure there aren't any other surprises waiting when you file.
Thanks for the tip about Form 9465. Is that something I'd need to submit now, or when I actually file my taxes next year? And how long does it typically take for the IRS to approve an installment plan?
You'll submit Form 9465 when you file your tax return, so you don't need to worry about it until tax time next year (unless you're filing for a previous year). You can actually include it right with your tax return, which is the easiest approach. The IRS is pretty quick with streamlined installment agreements. If you owe less than $10,000, request a reasonable monthly payment, and have filed all required tax returns, approval is usually automatic and happens within about 30 days. If you apply online through the IRS website after filing, it can sometimes be approved immediately. Just make sure when you file that you still pay as much as you can upfront - this reduces the amount subject to penalties and interest. Every dollar you can pay when filing saves you money in the long run!
Just a heads up - make sure you check your state tax situation too! Depending on what state you're in, your W4 exemption might have also affected your state withholding. Many states use the federal W4 as a basis for their withholding. I had the same issue in Washington and thought I was fine since WA doesn't have income tax, but I had previously lived in Oregon for part of the year and ended up owing state taxes there as well. Don't want you to get hit with a second surprise bill!
Good point! Oregon has pretty high state income taxes too. OP mentioned being in Washington, which doesn't have state income tax, but if they worked in OR at all or live near the border and work in OR, they could definitely have state tax obligations.
Sean Flanagan
21 Don't forget to check out your local community college! Mine offers free small business workshops including tax basics for self-employed people. They bring in local CPAs to teach them, and the information is specific to our state's requirements. Their website lists all the upcoming workshops and most are available online now too.
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Sean Flanagan
ā¢11 Do you need to be a student at the college to attend these workshops? I've never thought about checking community colleges for this type of resource.
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Sean Flanagan
ā¢21 Nope! The small business workshops are open to the community, not just students. That's what makes them such a great resource. They're funded through the college's community education program and some small business grants. Check your local college's "Community Education" or "Continuing Education" section on their website. If they don't have anything listed, also try your local Small Business Development Center (SBDC) which offers similar free workshops.
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Sean Flanagan
19 Just a heads up since you're starting an Etsy shop - make sure you keep METICULOUS records of all your expenses and materials from day one!!! I learned this the hard way. Keep receipts for everything - materials, packaging, shipping supplies, any tools you buy, even the percentage of your internet/phone you use for business. Take photos of receipts too because they fade. This will save you SO MUCH STRESS at tax time and help you maximize deductions. I use a simple spreadsheet with categories for everything + a folder on my phone where I immediately snap pics of receipts.
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Sean Flanagan
ā¢13 This is such good advice! I used to just toss receipts in a shoebox and it was a disaster come tax time. Is there a specific app you recommend for tracking all this stuff?
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