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Has anyone considered the W-2 wage limitation for QBI? Since OP is in the 24% bracket with joint income, they might face QBI limitations if they don't have sufficient W-2 wages. The deduction could be limited to 50% of W-2 wages paid by the business. Also for 2023, did you take any money out of the business? If so, the IRS might reclassify those as constructive dividends which wouldn't qualify for QBI. The cleanest solution might be filing an amended S-corp return showing reasonable compensation.
You're in a tricky spot, but it's not insurmountable. Since you didn't run payroll in 2023, you'll need to address this compliance issue head-on with your accountant. The IRS expects S-corp owner-employees to receive reasonable compensation through W-2 wages before taking distributions. Without proper payroll, you risk having all $71.5k treated as wages subject to employment taxes, which would eliminate the S-corp tax advantages. For QBI, the deduction applies to the business income AFTER reasonable compensation is paid. So if you can establish that $49k salary retroactively (through amended returns or other corrective measures your CPA recommends), the remaining income could potentially qualify for QBI. One silver lining: since your combined income keeps you in the 24% bracket, you're below the taxable income thresholds where QBI gets limited by W-2 wages or depreciable property. This means if you can properly separate salary from business income, you should get the full 20% QBI deduction on the qualifying portion. Document everything about your reasonable compensation analysis - industry standards, time spent, responsibilities, etc. This will be crucial for your accountant to determine the best path forward, whether that's amended returns, late payroll filings, or other compliance solutions.
This is really helpful context! I'm curious though - if OP's accountant recommends amended returns to establish the $49k salary retroactively, wouldn't that also trigger late payroll tax penalties and interest? And would the IRS question why they're suddenly amending to add payroll that wasn't there before? Just wondering how suspicious this might look from an audit perspective, especially since they already have a payroll company set up for 2024.
Had this exact same issue a few months back and it was maddening! Here's what finally got me through: First, definitely try that phone number Oliver mentioned but call right at 8am EST when they open - I got through in about 20 minutes vs the 3+ hour waits later in the day. Second, while you're waiting for ID.me to sort itself out, you can still get your transcripts other ways. The IRS2Go mobile app lets you check basic refund status without ID.me, and you can request transcripts by mail using Form 4506-T (just takes about a week). Also, if you're on Twitter/X, try messaging @IDmeSupport - their social media team actually responds way faster than email support. Hang in there, it's frustrating but you'll get through it! š¤
Wow, thanks for all these detailed tips! The 8am calling strategy is clutch - never thought about timing it like that but makes total sense. Just tried the @IDmeSupport Twitter route and already got an auto-reply saying they'll look into it. Way more responsive than their email black hole! Also downloading IRS2Go right now. You're a legend for laying out all these options! š
Ugh, I feel you on this! ID.me suspended my account last year right when I needed to file an extension. What finally worked was a combo approach: I called their phone support at exactly 8am EST (way shorter wait), AND I also submitted a complaint through the IRS website about being unable to access my account. The IRS complaint seemed to light a fire under ID.me because they called me back within 24 hours to resolve it. Also, while you wait, you can still check your basic refund status using the "Where's My Refund" tool on irs.gov without needing ID.me - just need your SSN, filing status, and refund amount. Hope this helps!
Wait, you can file a complaint with the IRS about ID.me access issues? That's brilliant! I never thought about approaching it from that angle. The idea that the IRS complaint actually got ID.me to call you back is wild - shows they definitely respond faster when there's pressure from the IRS side. Definitely trying this combo approach! Also super helpful about the "Where's My Refund" tool working without ID.me - at least I can check basic status while dealing with this mess. Thanks for sharing what actually worked! š„
This thread has been incredibly helpful! I'm dealing with the exact same issue - 4 years running with late K-1s from our S-corp. What's really frustrating is that I'm a 15% shareholder, so this significantly impacts my tax situation each year. After reading through everyone's experiences, I think I'm going to try a multi-pronged approach: 1) Request estimated K-1 numbers by March 1st like Leila suggested, 2) Document all my communications with the S-corp about K-1 timing as recommended by the IRS agent, and 3) Push our management to either get the accounting firm to prioritize earlier completion or find a new firm that commits to March 15th delivery. It's reassuring to know this is so widespread, but also frustrating that it seems to be accepted as "normal." Thanks everyone for sharing your solutions and experiences!
That's a really solid plan, Charlotte! As someone who's been dealing with this same frustration, I'd add one more suggestion: consider setting up quarterly estimated tax payments if you haven't already. Since K-1 income can be unpredictable and you know the forms will be late, making conservative estimated payments throughout the year can help avoid any underpayment penalties while you're waiting for the actual numbers. I learned this the hard way in my second year when my K-1 showed much higher pass-through income than expected and I got hit with penalties even though I filed an extension. The estimated payments give you a buffer while you're implementing all those other strategies.
I've been lurking on this thread because I'm dealing with the exact same situation, but from a slightly different angle. I'm actually an enrolled agent who has several clients with S-corp interests, and I can confirm that late K-1s are unfortunately the norm rather than the exception. From a practitioner's perspective, here's what I've observed: about 70% of the S-corps I work with miss the March 15th deadline for K-1 distribution. The main culprits are usually: 1) accounting firms that are swamped during tax season and prioritize individual returns, 2) S-corps that wait until the last minute to provide their accounting firms with year-end information, and 3) complex S-corp situations (multiple states, unusual transactions) that require extra time to sort out. What I tell my clients is to set expectations early - assume you'll file an extension and plan accordingly. Make sure you're making adequate estimated tax payments throughout the year, and if possible, try to get involved with your S-corp's management to push for earlier deadlines with their accounting team. Some of the larger accounting firms have dedicated S-corp teams that work specifically on getting these done by March 15th, but you usually pay a premium for that service. The silver lining is that the IRS is very aware this is a widespread issue, so properly filed extensions due to late K-1s are rarely scrutinized.
Thank you for this professional perspective! As someone new to S-corp ownership (just got my first K-1 last year), it's really helpful to hear from an EA that this is genuinely widespread and not just our company being disorganized. One question - you mentioned that some larger accounting firms have dedicated S-corp teams that prioritize the March 15th deadline. Do you have any recommendations for how shareholders can identify these firms, or what questions we should ask when our S-corp is considering switching accountants? Also, when you say "premium service," are we talking about significantly higher costs, or just a modest increase for the priority handling?
Just wanted to add one important timing consideration that might help with your planning. You don't have to change the beneficiary immediately when your child is born. Since you're the account owner, you maintain control over when to make this change. This could be strategic from a gift tax perspective - you might want to wait until early in the tax year to make the change so you have the full annual exclusion available, or you could time it around other gifts you're planning to make to your child. Also, keep in mind that if your account values are substantial, you and your wife can each make separate gifts using your individual annual exclusions. So if you have $30,000 in the account, you could each gift $15,000 to stay under the annual limits (assuming 2023 limits), effectively doubling your gift capacity without needing to file Form 709. Congratulations on the upcoming arrival! It's great that you're thinking ahead about these tax implications.
This is such a helpful point about timing! I hadn't considered that we could strategically time the beneficiary change. Since our baby is due in August, would it make sense to wait until January of the following year to make the change? That way we'd have the full annual exclusion available and wouldn't have to worry about any other gifts we might make during the birth year (like maybe contributing more to the 529 after the baby arrives). Thanks for the congratulations and the strategic advice!
One thing to keep in mind is that the growth in your 529 account since you opened it will also be considered part of the gift when you change the beneficiary. So if you originally contributed $20,000 but the account has grown to $25,000, the entire $25,000 would be treated as the gift amount, not just your original contributions. This is why timing can be particularly important if your accounts have performed well. You might want to consider making the beneficiary change sooner rather than later if you expect continued growth, since waiting could potentially push you over the annual exclusion limits. Also, don't forget that each parent can make separate gifts, so if you and your wife are both listed as account owners on separate 529s, you could potentially use both of your annual exclusions. Just make sure you're clear on which spouse is the account owner for each 529 to properly calculate the gift tax implications.
This is a really important point about the growth being included in the gift valuation! I'm actually curious about something - if the account has grown significantly, would it ever make sense to consider withdrawing some funds first (paying the penalty) and then changing the beneficiary on a smaller amount? Or would that create even more tax complications? Also, when you mention separate 529s for each spouse, do you mean we should have opened individual accounts rather than joint ones? We currently have everything set up jointly, so I'm wondering if that limits our gift tax planning options.
LunarLegend
As a newcomer here, I really appreciate how clearly everyone has explained the PATH Act! I had no idea this existed and was wondering why my neighbor got her refund so much later than mine last year despite filing around the same time. One follow-up question - if someone accidentally claims EITC when they're not eligible (maybe miscalculating income), does that still trigger the PATH delay even though they'll ultimately have to pay it back? I'm asking because I want to make sure I'm calculating my business income correctly to avoid any unnecessary delays or complications.
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Edwards Hugo
ā¢Great question! Yes, if you claim EITC on your return (even incorrectly), it will still trigger the PATH Act delay regardless of whether you're actually eligible. The IRS systems automatically flag any return with EITC or ACTC for the February 15th hold - they don't verify eligibility before applying the delay. If you later discover you claimed it incorrectly, you'd need to file an amended return (Form 1040-X) to correct it, but that doesn't change the fact that your original refund was held. To avoid this situation, double-check your business income calculations and make sure you understand the EITC income limits before filing. The IRS has worksheets and online tools to help verify eligibility before you submit your return.
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Niko Ramsey
ā¢@LunarLegend Welcome to the community! To add to what @Edwards Hugo said, the PATH Act delay is applied automatically by IRS computer systems based solely on the presence of EITC/ACTC claims on your return - there s'no human review at this stage. Even if you re'ineligible and will eventually owe the credit back, you ll'still experience the delay. For business owners like yourself, I d'recommend using the IRS EITC Assistant tool online before filing to verify eligibility. It walks through income calculations including business profits from Schedule C. Better to spend 10 minutes checking eligibility than deal with potential delays and amended returns later!
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Mateo Rodriguez
One thing I haven't seen mentioned yet is how the PATH Act interacts with state tax returns. While the federal PATH Act only delays federal refunds for EITC/ACTC claims, many states have their own versions of these credits (like state EITC programs). However, state processing isn't bound by the federal PATH Act timing - so you might receive your state refund weeks before your federal refund if you're affected by PATH. This can be particularly relevant for business owners in states like California, New York, or Illinois that have robust state EITC programs. It's worth checking your state's specific rules, as some states do coordinate with federal PATH timing while others process independently. Just another layer to consider when planning your cash flow around tax season!
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StarStrider
ā¢That's a really helpful point about state vs federal processing! I hadn't considered that states might handle their EITC programs differently. Since I'm in a state with its own EITC, this could actually help with cash flow planning - getting at least part of my refund earlier while waiting for the federal portion. Do you know if there's an easy way to find out which states coordinate with federal PATH timing versus those that process independently? I'd love to research this for my specific state before next filing season.
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