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I'm so sorry you're dealing with code 976 - I know how incredibly frustrating this whole situation is! I've been stuck with the same code since early February and the waiting has been absolutely brutal. Code 976 means your is being held for manual review, usually because they need to verify something like income, dependents, or credits on your return. The worst part is not knowing exactly what they're reviewing or how long it'll actually take. From what I've learned through this nightmare process: check your transcript weekly for any updates, keep records of your calls to the IRS (though their customer service is pretty useless right now), and if you hit the 120-day mark, definitely reach out to the Taxpayer Advocate Service - they supposedly have more authority than regular IRS reps. Most 976 cases get resolved within 45-120 days according to what I've read, but it feels like forever when you're in the middle of it. I'm really hoping both of us see some movement soon - this waiting game is so stressful, especially when you're counting on that money! Stay strong and keep checking for updates! š¤
I've been dealing with code 976 since late February too and I completely understand your frustration! The code means your is under manual review - usually for income verification, dependent validation, or credit confirmation. From what I've experienced and researched, the timeline is typically 6-16 weeks, though some cases can go up to 120 days. The uncertainty is definitely the hardest part since the IRS doesn't give you specifics about what triggered the review or exact timelines. Here's what's helped me cope: check your online transcript weekly for any code changes, keep detailed records of any IRS contact attempts, and if you hit the 120-day mark, definitely reach out to the Taxpayer Advocate Service - they have more authority than regular customer service. I know it's incredibly stressful when you're counting on that money, but most 976 cases do eventually get resolved. Try to stay patient and keep monitoring your transcript for updates. Wishing you a speedy resolution! š
Just wanted to add one more consideration that hasn't been mentioned yet - make sure you're calculating depreciation based on the correct depreciable basis when you converted to rental use. Since you lived in the property first, your depreciable basis for the rental period would be the LESSER of: 1) your adjusted basis at the time of conversion (original cost plus improvements minus any casualty losses), or 2) the fair market value of the property when you converted it to rental use in May 2019. This matters because if your property appreciated significantly during those first 2 years of personal use, you can't depreciate based on the higher fair market value - you're limited to your original adjusted basis. You'll need to determine what the FMV was in May 2019 (maybe get a comparative market analysis from a realtor for that time period) and use whichever number is lower as your starting point for calculating the 4 years of depreciation.
This is a crucial point that often gets overlooked! I wish I had known about this limitation when I converted my property to rental. In my case, the property had actually appreciated quite a bit during my personal use period, so I was stuck with the lower original basis for depreciation purposes rather than the higher FMV at conversion. It definitely reduced the depreciation I could claim over the rental years. For anyone in a similar situation, you might want to get a formal appraisal dated around your conversion date rather than just a CMA, especially if the amounts are significant - it could be worth the extra cost for documentation purposes.
One additional resource that might help you understand the calculation is IRS Publication 523 (Selling Your Home), which specifically covers the Section 121 exclusion rules for mixed-use properties. Since you lived in the home for 2 years before converting to rental, you may qualify for a partial exclusion on the personal-use portion of the gain. The key is that you'll need to separate your total gain into two parts: the portion allocable to personal use (first 2 years) and the portion allocable to business use (rental period). Only the personal-use portion would potentially qualify for the Section 121 exclusion, and even then, you can't exclude any depreciation recapture. Given the complexity with the mixed-use timing, depreciation recapture, and potential partial exclusion, I'd definitely recommend getting a tax professional involved. But understanding these basic concepts beforehand will help you ask the right questions and verify their work makes sense.
This is really helpful! I'm curious about the timing aspect of the Section 121 exclusion. Since Daniel lived in the property from March 2017 to May 2019 (about 2 years and 2 months) and sold in May 2023, would the full 2-year ownership and use test be met? I know there's the "2 out of 5 years" rule, but I'm wondering if the conversion to rental property affects how that period is calculated. Does the clock reset when you convert to business use, or do you still look at the full 5-year period ending on the sale date?
Great thread! I'm also an S-Corp owner dealing with health insurance reporting. One thing I'd add is to make sure you're coordinating with your payroll processor (if you use one) about including the health insurance in your W-2. I made the mistake my first year of handling the health insurance deduction correctly on my personal return but forgetting to tell my payroll company to include those premiums in my W-2 wages. This created a mismatch that triggered questions from the IRS. Also, keep detailed records of all your health insurance payments throughout the year. I maintain a simple spreadsheet with monthly premium amounts and payment dates - it makes year-end reconciliation much easier and provides backup documentation if needed.
This is such an important point about coordinating with your payroll processor! I'm just starting my second year as an S-Corp and I think I might have made this exact mistake. My payroll company has been processing my regular salary but I've been paying the health insurance premiums directly from the business account without telling them to include it in my W-2. So just to clarify - I need to either have my payroll company add the health insurance amount to my regular W-2 wages, or if I'm doing payroll myself, make sure I include those premiums when I calculate my total compensation for the year? And this needs to happen before I can take the deduction on my personal return? Also, do you have any tips for that spreadsheet setup? I've been pretty disorganized with tracking the monthly payments and I know I'll need better documentation.
@Yara Assad Yes, you ve'got it exactly right! You need to make sure those health insurance premiums are included in your W-2 wages before you can take the self-employed health insurance deduction on your personal return. If you re'using a payroll processor, definitely contact them ASAP to add those premiums to your remaining payroll runs this year. If you re'doing payroll yourself, include them when calculating your total officer compensation. For the spreadsheet, I keep it really simple - just columns for: Date, Premium Type Health/Dental/Vision (,)Amount Paid, Check Number or Transaction ID, and Notes. I update it monthly when I pay the premiums. At year-end, I just sum up the total and make sure that amount gets added to my W-2 wages. One tip: if you discover you missed including previous months premiums' in your W-2, you can often make a correction by increasing your wages in the remaining pay periods to catch up the total annual amount. Just make sure the full year s'health insurance premiums are captured in your final W-2.
One thing to watch out for if you're new to S-Corp health insurance reporting - make sure you understand the timing requirements. The health insurance premiums need to be paid by your S-Corp during the tax year to qualify for the deduction in that same year. I learned this the hard way when I tried to reimburse myself in January for premiums I had personally paid in December of the prior year. The IRS doesn't allow that - the S-Corp itself must make the payments directly to the insurance company or through payroll during the actual tax year you're claiming the deduction. Also, if you have employees, you'll need to make sure health insurance is available to them on the same terms, or there are specific ownership percentage rules that apply. This gets complex quickly if you have other shareholders or employees, so definitely consult a tax professional if your situation isn't straightforward single-owner S-Corp.
This timing requirement is so crucial and I wish someone had told me about it earlier! I made a similar mistake where I was personally paying the premiums and then trying to reimburse myself from the S-Corp at year-end. Had to scramble to restructure how we handle it going forward. One follow-up question though - if you have a single-member S-Corp with no other employees, do you still need to worry about the "same terms" requirement for employees? Or does that only kick in once you actually have W-2 employees other than yourself? Also, for the direct payment requirement, does it matter if the S-Corp pays the insurance company directly versus paying it through payroll as additional compensation that you then use to pay the premiums yourself?
@MidnightRider Great questions! For single-member S-Corps with no other employees, you don't need to worry about the "same terms" requirement - that only applies when you have actual W-2 employees other than yourself as the owner. Regarding payment method, both approaches can work, but there's an important distinction. If the S-Corp pays the insurance company directly, it's cleaner and easier to document. If you go the payroll route (S-Corp pays you additional compensation that you use for premiums), make sure the extra compensation amount specifically corresponds to the insurance premiums and is properly documented as such. The key is that the S-Corp must be the entity ultimately funding the premiums during the tax year, and you need to be able to show that connection clearly. Direct payment to the insurance company is usually the simpler path and leaves less room for documentation issues. Also, whichever method you choose, stick with it consistently throughout the year - switching back and forth can create confusion during tax preparation.
Just want to add one more tip that helped us with a similar income disparity. If you're trying to avoid a huge tax bill but don't want to significantly reduce your monthly take-home pay, consider adjusting your W-4 withholding for just your bonus amounts. My husband and I have about a $55k income difference. Instead of having more withheld from every paycheck, we set our regular withholding correctly using the IRS calculator, but then elected for maximum withholding (22%) on all bonuses. Since you mentioned getting around $30k combined in bonuses, having the maximum withheld from those would cover a significant portion of your underwithholding without affecting your regular paychecks.
That's a really interesting approach I hadn't thought of! Do you just talk to your payroll department to set a different withholding rate specifically for bonuses? And does the 22% apply automatically or do you have to request it?
You can talk to your HR or payroll department about this - most larger companies have options for bonus withholding that are separate from regular paycheck withholding. Many will default to a flat 22% supplemental wage withholding rate, but you can usually request a higher percentage if needed. Some employers let you specify this choice when bonuses are announced. For my company, I just submitted a form indicating I wanted the maximum withholding percentage applied to supplemental wages (bonuses, commissions, etc.). The 22% is actually the default federal withholding for supplemental wages up to $1 million, but you can request more. For us, requesting 30% withholding on bonuses (22% federal plus extra for state) meant our regular paychecks weren't affected much, but we still covered our additional tax liability.
One more thing nobody has mentioned - if u already know ur gonna owe for 2024 and dont want to change ur withholding too dramatically, u can make quarterly estimated tax payments directly to the IRS. This way your paychecks stay about the same but you avoid a big bill (and possibly penalties) at tax time. For us, we decided to have a little extra taken out of each paycheck (about half of what was recommended) and then we make quarterly payments for the rest. Feels less painful to spread it out this way. The payment vouchers are on form 1040-ES and due dates are typically April 15, June 15, Sept 15, and Jan 15 of the following year.
Don't you get charged a penalty if you only pay quarterly instead of having it withheld throughout the year from your paycheck?
No penalty as long as you meet the safe harbor rules! You just need to pay either 90% of the current year's tax liability OR 100% of last year's tax liability (110% if your prior year AGI was over $150k). Since you already owe $8k for 2023, if you make sure your 2024 withholding plus quarterly payments equal at least what you paid in total taxes for 2023, you're safe from penalties. The IRS doesn't care whether the money comes from paycheck withholding or estimated payments - they just want it paid timely. The quarterly approach can actually be better for cash flow management, especially if you have variable income from bonuses like the OP mentioned.
Lilah Brooks
Another thing to consider - check if your 1099 was issued as a 1099-MISC or a 1099-NEC. For settlements, it should typically be a 1099-MISC with the amount in Box 3 (Other Income). If they issued it as a 1099-NEC, that could cause additional issues since that's supposed to be for non-employee compensation. Also, keep in mind that some portions of your settlement might be tax-free if they were for physical injuries or physical sickness. However, for FCRA cases, the settlement is usually considered fully taxable since it's typically for economic or emotional damages.
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Jackson Carter
ā¢Mine was issued as a 1099-MISC but they put it in Box 1 as "Rents" - is that wrong? Should I ask them to correct it?
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Lilah Brooks
ā¢Yes, that's definitely incorrect. Settlement payments shouldn't be in Box 1 for "Rents" - they should be in Box 3 for "Other Income." You should contact whoever issued the 1099-MISC and ask them to correct it and issue a revised form. If they won't correct it, you can still report it correctly on your tax return, but you'll need to include an explanation that the 1099 was incorrectly filled out. This might involve attaching a statement to your return explaining the discrepancy. It's better to get it corrected though, as mismatches between what's reported to the IRS and what's on your return can trigger automated notices or even audits.
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Connor Murphy
This is exactly why I hate dealing with legal settlements and taxes - it's so confusing! I went through something similar with a class action settlement a few years ago and ended up paying way more than I should have because I didn't know about these special deduction rules. One thing I learned the hard way is to keep absolutely everything documented. Make sure you have copies of your settlement agreement, the lawyer's fee breakdown, and any correspondence about how the payment was structured. The IRS might want to see proof of what actually went to attorney fees versus what you received. Also, if your accountant isn't familiar with FCRA settlements specifically, it might be worth getting a second opinion from someone who handles these types of cases regularly. I found that general tax preparers sometimes miss these specialized deductions because they don't see them very often. The above-the-line deduction can make a huge difference in what you actually owe, so it's worth making sure it's done right.
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Brielle Johnson
ā¢This is such great advice about keeping everything documented! I'm just starting to deal with a similar situation and had no idea how important all this paperwork would be for tax purposes. Quick question - when you say "lawyer's fee breakdown," do you mean like a detailed invoice showing exactly what they charged for, or just documentation of the percentage they took from the settlement? I want to make sure I'm collecting the right paperwork from my attorney before tax time rolls around. Also, did you end up having to file an amended return to get the deduction you missed, or was it too late by the time you figured it out?
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