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Has anyone had the IRS question their TTS status when they had another job? I've been trading about 20-25 hours a week while working full time in healthcare and am worried about audit risk.
I went through an audit 2 years ago with this exact situation. The key was documentation - I had detailed logs of my trading hours (all outside my work schedule), trading journal entries, and a formal business plan for my trading business. Also had separate bank/brokerage accounts for trading. The IRS ultimately accepted my TTS claim without issues.
I was in a very similar situation last year - working part-time as a graphic designer while day trading. Based on my experience and research, you definitely have a strong case for TTS qualification. Your 15-20 trades per week and 4-5 hours daily commitment are well within the range that courts have recognized as "substantial" trading activity. The fact that you're generating more income from trading than your regular job actually strengthens your position. The IRS looks at factors like frequency of trades, time devoted to trading, and whether you're seeking to profit from short-term price movements rather than long-term investment gains. A few practical tips: Make sure you're keeping detailed records of your trading time (I use a simple spreadsheet), maintain separate accounts for trading vs. personal finances, and document your trading strategy/methodology. Consider setting up a dedicated trading workspace at home if you haven't already - this can support home office deductions. One thing to be aware of: if you decide to elect mark-to-market accounting, you need to make that election by the tax filing deadline (including extensions) for the year you want it to take effect. So if you're planning to claim TTS for 2024, you'd need to make the MTM election by the 2024 tax filing deadline. Your situation sounds very promising for TTS qualification. The key is proper documentation and maintaining clear separation between your trading business and employment.
Just wanted to throw in my 2 cents as someone who made a similar mistake years ago. For S-corps, you MUST take a reasonable salary through proper payroll before any distributions. The IRS is actually cracking down on S-corps that don't pay reasonable compensation to owner-employees. In my experience, your CPA might suggest one of these options: 1. Report all S-corp distributions as wages on your personal return 2. Amend your S-corp return to show proper officer compensation 3. Potentially initiate late payroll filings with penalties Also, keep in mind that QBI is calculated AFTER your wages are paid. So the higher your salary, the less QBI deduction you get. It's a balancing act.
Would it make sense for OP to just dissolve the S-corp and go back to being a sole proprietor if they're struggling with the payroll requirements? Or are there other benefits to keeping the S-corp structure even with this mistake?
Dissolving the S-corp would be pretty drastic for a one-time mistake. S-corps still offer significant tax advantages despite the payroll requirements. Once proper payroll is established going forward, OP can still benefit from reduced self-employment taxes on the distribution portion of income. The bigger picture is that S-corps can save thousands in SE taxes annually when properly managed. This one-time issue might be costly to fix, but the long-term benefits likely outweigh reverting to a sole proprietorship where 100% of profits face SE tax. A good payroll service makes compliance pretty straightforward for future years.
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.
At the 24% bracket they shouldn't hit the W-2 wage limitation though, right? I thought that only kicked in at higher income levels (over $340k for married filing jointly in 2023).
You're absolutely right! The W-2 wage limitation only applies when taxable income exceeds the threshold amounts. For 2023, that's $340,100 for married filing jointly. Since OP mentioned they're still in the 24% bracket even with the S-corp income, they're well below that threshold, so the W-2 wage limitation shouldn't be an issue for them. The main concern is just getting the reasonable compensation structure sorted out properly.
Under IRC ยง32(m) and ยง24(e), as amended by the Protecting Americans from Tax Hikes Act of 2015 (P.L. 114-113, Div. Q), the IRS is prohibited from issuing refunds for tax returns claiming the EITC or ACTC before February 15th. This applies regardless of when you file - January 1st or February 14th, the earliest possible refund date remains the same. For business owners specifically, this typically only affects you if your business is a pass-through entity (Schedule C, S-Corp, Partnership) AND your personal income falls within EITC thresholds (for 2024: below $63,398 with three or more qualifying children, $59,478 with two children, $52,918 with one child, or $17,640 with no children). If your business is profitable enough to exceed these thresholds, PATH Act holds won't directly affect your refund timing.
I've been filing taxes for over 20 years, and I remember the pre-PATH days when early filers with EITC could get refunds by late January. One alternative approach I've seen work well: if you need your refund quickly and typically claim these credits, you could adjust your W-4 withholding throughout the year to be more accurate. This reduces your refund amount but puts more money in each paycheck. Then the PATH delay affects a smaller portion of your annual tax benefit. I've found this especially helpful for my clients who are small business owners who also have W-2 income from a side job or spouse.
Does adjusting W-4 withholding affect quarterly estimated payments too? I'm trying to better balance my tax payments throughout the year.
W-4 adjustments primarily affect your W-2 withholding, while quarterly estimated payments are calculated separately based on your expected annual tax liability. However, they work together in your overall tax strategy. If you increase W-4 withholding to get closer to your actual tax liability, you might be able to reduce your quarterly estimates accordingly (as long as you meet safe harbor rules - generally 100% of prior year tax or 90% of current year). The key is that your total payments (withholding + estimates) should cover your expected tax liability to avoid underpayment penalties. I'd recommend running the numbers quarterly to ensure you're staying compliant while optimizing cash flow.
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! ๐ค
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! ๐
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! ๐ฅ
Andre Dupont
Document everything you've tried so far - save those emails with your boss, screenshots of the ADP login issues, dates of when you requested help, etc. This paper trail will be crucial if you need to escalate to state labor authorities or the IRS. Also, since your boss keeps claiming he "can't do anything," that's simply not true. ADP's employer admin portal absolutely allows them to resend registration codes, reset employee access, or even generate new invitation links. I manage payroll for a small business and have done this for former employees multiple times. One more thing - if this company is still operating and has other employees, try reaching out to a current coworker you trust. Sometimes they can put in a word with the boss/HR or even forward your request directly to whoever actually handles the ADP admin duties (it might not even be the boss himself). The fact that HR is the boss's wife with no direct contact method is definitely problematic from a business practices standpoint, even if not strictly illegal depending on company size and your state's laws.
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Dominic Green
This is such a frustrating situation, but you're definitely not powerless here! Based on what you've described, your former employer is clearly violating their legal obligations. Here's my recommended action plan: **Immediate steps:** 1. Send one final certified mail letter to both your boss AND his wife (find her name through business registration records if needed). State clearly: "This is my final request for access to my payroll records as required by law. Failure to provide access within 10 business days will result in complaints being filed with state and federal agencies." 2. While waiting, request your wage and income transcripts from the IRS at irs.gov/individuals/get-transcript. This will at least give you the W2 income information that was reported, even if it doesn't have all the detailed breakdowns. **Escalation options (use multiple simultaneously for maximum pressure):** - File a complaint with your state's Department of Labor for failure to provide access to personnel records - Contact the IRS Business Tax line at 800-829-4933 to report missing W2s - File a complaint with your state Attorney General's consumer protection division - If they received PPP loans (check the database), mention this in your complaints as it adds extra government oversight concerns **Documentation is key:** Save every email, screenshot every ADP error, and keep records of every attempt you've made. This paper trail will be crucial for any government complaints. The fact that HR is inaccessible creates additional compliance issues that government agencies will take seriously. Don't let them wear you down - you have strong legal rights here!
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Brady Clean
โขThis is an excellent comprehensive action plan! I especially appreciate how you've laid out both the immediate steps and escalation options with specific timelines. One quick addition to your certified mail suggestion - when you send that final letter, also email the same content so you have proof they received it immediately (certified mail can take a few days). That way if they try to claim they "never got it" when government agencies contact them, you have the email timestamp showing they were notified right away. Also, for anyone else reading this thread - don't forget that most states have specific deadlines for when employers must provide access to personnel records after a written request. In my state it's 21 days, but it varies. Look up "[your state] personnel records access law" to know exactly what timeframe to reference in your demand letter. The multi-agency approach really seems to be the magic formula based on everyone's experiences here. When employers suddenly have the IRS, state labor board, AND attorney general's office all asking questions, problems get solved fast!
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