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Check if you qualify for the fresh start program. Sometimes they can remove you from offset if you can prove financial hardship
how do u apply for that?
you gotta call the unemployment office and ask specifically about hardship relief for your payment plan. bring receipts tho they gonna want proof
Another thing to consider - if you're expecting a large refund, you might want to call NJ unemployment BEFORE filing and ask them to put a hold on the offset while you're actively making payments. Some people have had luck getting them to agree to this in writing, especially if you've been consistent with your payment plan. Won't hurt to try!
@Omar Zaki I went through this exact same thing last year! Called NJ unemployment before filing and they actually put a note on my account to hold the offset. Took about 3 calls and getting transferred around but finally got someone who could help. Make sure you mention you ve'been making payments on time - that seemed to be the key factor. Also ask for a reference number for the hold they put on your account!
This is really helpful advice everyone! @Omar Zaki I d'definitely recommend calling before you file. Even if there s'just a 50/50 chance they ll'honor the payment plan, it s'worth the phone call. The worst they can say is no, but at least you ll'know where you stand. If they do agree to hold the offset, make sure you get that confirmation in writing like others mentioned - screenshot any emails or get a reference number. Good luck with this!
I've been through a similar conversion situation and wanted to share a few additional considerations that might be helpful. One thing that caught me off guard was the quarterly estimated tax planning aspect. Even with $0 starting basis, once your S-Corp starts generating income, you'll owe taxes on that pass-through income regardless of whether you can take distributions. I'd recommend setting up a system early to track your quarterly tax obligations separately from your basis tracking. In my first year, I made the mistake of using business profits to pay down debt without setting aside enough for estimated taxes, which created a cash flow crunch at year-end. Also, regarding the business credit card debt - make sure you understand how the interest and fees on that debt are treated for tax purposes after conversion. Since it's pre-conversion debt, the interest remains deductible as a business expense, but you'll want to keep clean records showing these were legitimate business expenses from before the S-election date. One practical tip: consider opening a separate "tax reserve" account where you automatically transfer a percentage of any S-Corp profits. This helps avoid the temptation to use that money for debt payments or operations when tax time comes around. I use about 30% as a safe margin, but your specific rate will depend on your overall tax situation. The basis tracking gets much easier after the first year once you establish good systems and habits. Hang in there - the complexity is frontloaded but becomes routine with time!
This is excellent practical advice about the quarterly estimated tax planning! I hadn't fully considered how the cash flow timing would work with $0 basis - you're absolutely right that I could end up owing taxes on profits that I can't distribute without creating additional tax complications. The separate tax reserve account is a brilliant suggestion. Setting aside 30% automatically would definitely prevent me from accidentally using tax money for debt payments or other expenses. Given my negative equity situation, I'm probably going to be leaving most profits in the business anyway to build up basis, so having that discipline around tax reserves will be crucial. Your point about the pre-conversion debt interest deductibility is also really helpful. I want to make sure I'm tracking those expenses properly since they represent legitimate business costs that occurred before the S-election. Good recordkeeping on the business purpose of that debt will be important. I'm curious - in your first year, did you find it challenging to estimate the quarterly tax amounts when you weren't sure exactly how much profit the S-Corp would generate? I'm planning for minimal profits in 2024, but if the business does better than expected, I want to make sure I'm not underpaying on estimates. Thanks for sharing these real-world lessons learned - it's so valuable to understand not just the technical rules but also the practical cash flow management aspects of the conversion!
I'm in a very similar situation and this discussion has been incredibly enlightening! I converted my SMLLC to S-Corp status in January 2024 with about $45,000 in business debt against $18,000 in assets, so I'm also starting with $0 basis. One thing I've learned from my accountant that might be helpful - if you're planning to take any salary from the S-Corp (which you're required to do if you're actively working in the business), make sure you understand how payroll taxes interact with your basis situation. The salary you pay yourself doesn't affect your stock basis, but it does reduce the company's profits that would otherwise flow through and increase your basis. I've also found it helpful to create a simple monthly checklist to stay on top of the S-Corp requirements: updating basis tracking, reviewing guarantee documentation, calculating estimated tax reserves, and ensuring I'm maintaining proper corporate formalities. The administrative overhead is definitely more than an SMLLC, but having a systematic approach makes it manageable. For anyone considering the capital contribution route mentioned earlier, one timing consideration is that if you make the contribution early in the year, it gives you more flexibility for distributions later if the business performs better than expected. I'm planning a modest contribution in Q2 to create some positive basis cushion. The complexity seems overwhelming at first, but reading through everyone's experiences here gives me confidence that it's very manageable once you establish good systems. Thanks to everyone for sharing such detailed, practical advice!
I made a similar amount last year ($14k) and was disappointed to learn I couldn't get my Social Security and Medicare taxes back. But I did qualify for the Earned Income Credit which gave me back almost the same amount! Make sure you check if you qualify based on your age and income.
Does age matter for the EITC? I'm 19 and in college but I work part-time.
Yes, age does matter for the EITC! If you're single with no qualifying children, you need to be at least 25 years old (or at least 24 if married filing jointly). Since you're 19, you unfortunately wouldn't qualify for the EITC unless you have a qualifying child. The age requirement is one of the key eligibility criteria they use to determine who can claim this credit.
Just to add some clarity to what others have said - you're correct that Social Security and Medicare taxes (FICA) aren't refundable in most cases, but don't give up hope on getting money back! At your income level of $13,500, you should definitely look into the Earned Income Tax Credit (EITC) if you meet the age requirements (25+ if single with no kids). Also, make sure you're claiming the standard deduction ($13,850 for 2023 if single) which should zero out any federal income tax owed. And double-check that you're not missing any other credits you might qualify for - things like education credits if you're a student, or the Child and Dependent Care Credit if applicable. The key is understanding that while FICA taxes fund Social Security and Medicare (which you'll benefit from later), income taxes can often be fully refunded through deductions and credits when your income is low. Focus on maximizing those refundable credits!
This is really helpful advice! I'm new to all this tax stuff and it's confusing to understand which taxes can come back and which ones can't. So just to make sure I understand - the Social Security and Medicare taxes I paid are basically gone for good, but I might be able to get other money back through credits? And the standard deduction you mentioned would automatically be applied when I file, or do I need to specifically choose that over itemizing? Sorry for all the questions, I just want to make sure I don't mess anything up on my return.
Has anyone mentioned Form 4797? You'll need to fill this out when reporting the sale. Part of your gain might be subject to depreciation recapture at ordinary income tax rates, while another portion might qualify for capital gains treatment. TurboTax should walk you through this, but it needs those basis figures first.
Form 4797 is definitely important here! I made the mistake of not using it one year and ended up having to file an amended return. The IRS actually caught it and sent me a notice.
I went through this exact same situation last year with my contractor van! The key thing to remember is that you need to look at ALL your past tax returns to add up the total depreciation you've claimed over the years. For your "Basis for gain/loss" - take your original $15,000 cost and subtract every penny of depreciation you've claimed on that van since you bought it. If you claimed $10,000 total in depreciation over those 6-7 years, your basis would be $5,000. For the "AMT Basis" - this is trickier because AMT uses different depreciation schedules (usually slower depreciation), so your AMT basis will likely be higher than your regular basis. One tip: since you used it 95% for business, make sure you're only entering the business portion when TurboTax asks. The personal use portion (5%) gets handled separately. Don't stress too much about audit flags - as long as you're reporting the sale and have reasonable documentation of your depreciation over the years, you should be fine. The IRS expects business vehicles to be sold eventually!
This is really helpful, thank you! I'm wondering though - when you say "every penny of depreciation," does that include things like bonus depreciation or Section 179 deductions? I think I might have taken some accelerated depreciation in the first year but I'm not entirely sure. Also, do you happen to know if there's a way to reconstruct this information if I don't have all my old tax returns handy?
Ellie Kim
I'm dealing with almost the exact same situation right now! I forgot to include about 3 months of unemployment compensation when I filed in February. Just got my 1099-G in the mail last week and realized my mistake. I've been putting off handling this because I'm terrified of dealing with the IRS, but reading through all these responses is really helpful. It sounds like filing an amended return is pretty standard and not as scary as I thought it would be. One question - if I already received my federal refund but haven't gotten my state refund yet, should I contact the state to let them know an amendment is coming? Or just file the state amendment and let them figure it out? I'm in California if that makes a difference. Thanks everyone for sharing your experiences - it's really reassuring to know I'm not the only one who made this mistake!
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Emma Thompson
ā¢You definitely don't need to contact California proactively about the amendment! Just file your CA amended return (Form 540X) and they'll handle it automatically. California's system will actually hold your original state refund once they receive your amendment, so you might not get that $430 until the amendment is processed. I'd recommend filing both your federal and state amendments at the same time so everything stays coordinated. And don't worry - this really is a super common mistake! The fact that you're taking care of it voluntarily shows good faith, which the tax agencies definitely appreciate more than if they had to come after you for it.
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Dylan Cooper
I can totally relate to this anxiety - I made a similar mistake two years ago and was absolutely panicking! But everyone here is right that this is much more common than you'd think, and the IRS really does appreciate when people catch and correct their own mistakes. One thing I'd add is to make sure you gather ALL your unemployment documentation before starting the amendment. You'll need your Form 1099-G obviously, but also keep records of any correspondence you had with the unemployment office and copies of your payment statements if you still have them. The more documentation you have, the smoother the amendment process will be. Also, when you calculate how much additional tax you'll owe, remember that unemployment compensation gets added to your other income, so it's taxed at your marginal rate. If you had withholding taken out of your unemployment payments (which many people do), that will reduce what you actually owe. In my case, I thought I'd owe around $800 but ended up only owing about $200 after accounting for the withholding. Don't let the stress eat at you - just get the amendment filed as soon as you can and you'll feel so much better having it behind you!
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Oliver Schulz
ā¢This is such great advice about gathering all the documentation first! I'm in a similar boat and was wondering - do you remember roughly how long it took for your amendment to get processed? I keep seeing different timelines mentioned and I'm trying to plan for when I might actually owe the additional tax versus when I need to have everything filed. Also, did you end up having to pay any interest or penalties even though you filed the amendment voluntarily? I'm hoping that catching it myself will help avoid some of those extra fees, but I'm not sure how that actually works.
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