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I went through this exact same nightmare about a year ago! My business partner and I made the same mistake - checked "corporation" instead of "LLC taxed as partnership" when applying for our EIN. The conflicting advice from IRS representatives is incredibly frustrating, but don't lose hope. Form 8832 is absolutely the correct solution here. Since you're well within the 3 years and 75 days timeframe, you can definitely request retroactive classification to your original formation date. Make sure to check the box for late relief under Rev. Proc. 2009-41. For your reasonable cause statement, keep it simple but thorough: explain that the incorrect classification was an inadvertent error made during the EIN application process, that your LLC was always intended to be taxed as a partnership from formation, and that you've been diligently trying to correct this since discovering the mistake. Include these supporting documents with your Form 8832: - Copy of your state LLC articles of organization - Copy of your LLC operating agreement (if you have one) - Copy of the EIN assignment letter showing the incorrect classification - A brief cover letter explaining the situation Send everything via certified mail with return receipt to the address specified in the Form 8832 instructions. This creates a paper trail and proof of filing date. The IRS processed mine in about 8 weeks once they had the complete package. Whatever you do, don't apply for a new EIN - that would create way more complications. Stick with Form 8832 and you should be able to get this resolved retroactively without penalties.
This is exactly the kind of detailed guidance I was hoping to find! Thank you for breaking down the supporting documents so clearly. I do have our LLC operating agreement that specifically mentions partnership taxation, so that should help strengthen our case. One quick follow-up question - when you mention the "EIN assignment letter showing the incorrect classification," are you referring to the CP 575 notice we received from the IRS after our EIN was assigned? I want to make sure I'm including the right document that shows the classification error. Also, did you need to include any explanation about why you waited to file Form 8832, or was the reasonable cause statement sufficient to cover the delay?
Yes, exactly! The CP 575 notice is the document you want to include - it shows the EIN assignment and will display the incorrect entity classification that was selected during the application process. This serves as clear evidence of the error that needs to be corrected. For the timing explanation, I kept it brief in my reasonable cause statement. I mentioned that we discovered the error during tax preparation and had attempted to resolve it through other means first (like your letter to the IRS). The key is showing that once you became aware of the issue, you took steps to address it. Since you're still well within the allowable timeframe, the IRS is generally reasonable about these situations. Your operating agreement that mentions partnership taxation will be excellent supporting evidence. Make sure to highlight the relevant sections that show your intent for partnership tax treatment from the beginning. This really strengthens your case that the corporation classification was never intended.
I went through this exact same situation last year and completely understand your frustration! The conflicting advice from different IRS representatives is maddening, but you're definitely on the right track with Form 8832. Since you're still well within the 3 years and 75 days window for retroactive relief, you can absolutely request classification back to your original LLC formation date. Make sure to check the box for late relief under Rev. Proc. 2009-41 when you file. Here's what I learned from my experience: 1. **Include a comprehensive reasonable cause statement** - Explain that the incorrect classification was an honest mistake during EIN application, that your LLC was always intended for partnership taxation, and that you've been actively trying to resolve this (mention that 7-month-old letter). 2. **Attach strong supporting documentation**: - Your state LLC formation documents - Operating agreement (if it mentions partnership taxation, even better) - Copy of your CP 575 notice showing the incorrect classification - Brief cover letter summarizing the situation 3. **Send via certified mail** with return receipt to create a paper trail and proof of filing date. The IRS processed my Form 8832 in about 6-8 weeks once they received the complete package. Don't let that third representative's advice about getting a new EIN throw you off - that would create way more complications than it would solve. You've got this! The mistake is more common than you think and the IRS has a clear process to fix it. Just make sure your Form 8832 submission is thorough and complete to avoid any back-and-forth requests for additional information.
This is incredibly helpful and reassuring to hear from someone who went through the exact same process! I really appreciate you taking the time to break down each step so clearly. The 6-8 week processing time gives me a realistic expectation of when to expect resolution. I was starting to worry that this might drag on for many more months like my initial letter attempt. One thing that's been weighing on me - did you run into any issues with your accountant or tax filings while waiting for the Form 8832 to be processed? We're approaching our next filing deadline and I'm not sure whether to prepare returns under the incorrect corporation classification or wait for the correction to go through first. Also, when you mention the "comprehensive reasonable cause statement," did you write this as a separate letter or include it directly in the designated section of Form 8832? I want to make sure I'm formatting everything correctly to avoid any delays. Thanks again for sharing your experience - it's given me much more confidence that we can get this resolved properly!
Great questions! For the tax filing timing issue - I actually faced the same dilemma. My accountant advised me to wait for the Form 8832 approval before filing returns under the corrected classification. In the meantime, we prepared the returns as if we were a partnership but held off on filing until we got the IRS confirmation. This prevented having to file amended returns later. If your filing deadline is approaching and you haven't heard back yet, you might want to file for an extension to give yourself more time. That way you can file correctly the first time once your classification is officially corrected. For the reasonable cause statement, I included it directly in the designated section of Form 8832 (there's a specific area for this), but I also attached a separate brief letter expanding on the details. The form section has limited space, so the additional letter allowed me to be more thorough in explaining the timeline of events and our attempts to resolve the issue. Keep the separate letter concise but include key dates - when you formed the LLC, when the incorrect EIN application was submitted, when you discovered the error, and what steps you've taken to fix it. This creates a clear narrative for the IRS reviewer. You're definitely going to get through this! The fact that you're being so thorough with the documentation will work in your favor.
I'm experiencing the exact same delays with my NJ refund! Filed on February 28th and still stuck in processing after 6+ weeks. What's really frustrating is that I called the NJ Division of Taxation yesterday and after a 75-minute hold, the representative told me they're implementing "enhanced fraud detection protocols" this year that are causing massive backlogs even for simple returns. The rep mentioned that they're manually reviewing returns that would normally be processed automatically, which explains why even straightforward W-2 filers are seeing 8-10 week delays. She couldn't give me a specific timeline but said to expect at least 2-3 more weeks minimum. I'm definitely going to try the assemblyman contact approach that others have mentioned here - it sounds like that might be our best shot at getting real pressure on the Division of Taxation to address this systematic problem. At this point, the collective frustration from all of us dealing with these delays needs to translate into actual accountability from the state agency responsible for this mess. Thanks for creating this thread - it's oddly comforting to know I'm not alone in this waiting game, even though the situation itself is incredibly frustrating! š¤¦āāļø
I'm so glad I found this thread! I filed my NJ return on March 2nd and was starting to panic thinking something was wrong with my return when it didn't show up after the usual 3-4 weeks. Reading everyone's experiences here makes me realize this is just the unfortunate new reality for NJ this year. @QuantumQuasar - That explanation about the "enhanced fraud detection protocols" actually makes a lot of sense, even though it's frustrating. I guess it's better that they're being thorough to prevent fraud, but the lack of communication about expected timelines is really poor customer service on their part. As a newcomer to this community, I'm really impressed by how everyone is sharing practical solutions like contacting assemblyman offices and tracking timestamp changes. I'm definitely going to try both approaches! It's encouraging to see people working together to find ways to get answers instead of just complaining into the void. I'm mentally preparing myself for the 8-10 week timeline everyone seems to be hitting, which would put me around early May. At least now I can plan accordingly instead of checking the website every day hoping for a miracle. Thanks everyone for sharing your experiences and tips! š
I'm in the exact same situation and it's so frustrating! Filed my NJ return on February 19th and it's been stuck in "processing" for over 7 weeks now. My federal refund arrived in early March, but NJ seems to be moving at a snail's pace this year. What really annoys me is that I have a super simple return - just W-2 income from one employer and standard deductions. No business income, no complex schedules, nothing that should trigger additional scrutiny. Yet here I am waiting just like everyone else with more complicated returns. I tried calling the NJ Division of Taxation twice last week and both times I sat on hold for over an hour only to be told "your return is processing, please continue to wait." The second rep at least mentioned they're doing enhanced verification this year due to fraud concerns, but couldn't give any realistic timeline beyond "several more weeks." The timestamp tracking idea that others mentioned is brilliant - I just checked and mine has been updating every few days even though the status never changes. At least that gives me some hope that there's actual activity happening behind the scenes rather than our returns just sitting in a digital pile somewhere. I'm definitely going to reach out to my assemblyman's office this week too. If enough of us are complaining to our representatives, maybe we can finally get some real pressure on the Division of Taxation to be more transparent about their processing issues and provide realistic timelines instead of these vague responses. Thanks for starting this thread - it's oddly comforting to know I'm not the only one dealing with this mess, even though the situation itself is incredibly frustrating! Hopefully we'll all see movement soon. š¤
I'm a newcomer here but dealing with the exact same frustrating situation! Filed my NJ return on February 23rd and approaching the 7-week mark with nothing but that generic "processing" status. @Skylar Neal - Your experience sounds identical to mine - simple W-2 return, one employer, standard deductions, yet still caught up in whatever verification process they re'running this year. It s'honestly mind-boggling that straightforward returns are taking longer than complex business filings used to take! I just started tracking the timestamp updates like others suggested and you re'right - there is regular backend activity happening every few days. That s'literally the only thing keeping me sane right now because at least it shows our returns aren t'just sitting in digital limbo. As someone new to this community, I m'really impressed by the practical solutions people are sharing. I m'definitely going to contact my assemblyman s'office this week - the fact that multiple people here have had success with that approach gives me hope that collective pressure might actually work. The lack of transparency from the Division of Taxation is really unacceptable. We deserve realistic timelines instead of generic keep "waiting responses." Thanks everyone for creating such a helpful discussion thread! š
This has been such an incredibly valuable discussion! I'm the original poster and honestly learned way more than I expected when I asked my initial question about tax breaks for student loan payments. The key takeaways for my situation are crystal clear now: 1. My mom won't get any tax deduction for paying my loans directly 2. The $2,500 student loan interest deduction I might get is tiny compared to my $325k balance 3. The REAL question isn't about tax breaks - it's about loan strategy I had no idea about PSLF potentially applying to medical professionals! I'm starting my residency at a nonprofit hospital system next month, so I need to immediately look into whether this qualifies. If I can get $200k+ forgiven after 10 years of qualifying payments, that completely changes the math on accepting my mom's help. @Isabella Ferreira your point about reframing the conversation with parents is brilliant. Instead of "don't help me," it's "let's help in the smartest way." I'm going to run the numbers on PSLF eligibility vs. early payoff and present both scenarios to my mom. Quick follow-up question for anyone still reading: should I get all my federal loans consolidated into Direct Loans BEFORE starting residency, or can I do that after I start making qualifying payments? I want to make sure I don't accidentally delay my PSLF eligibility timeline. Thank you all for turning what I thought was a simple tax question into a comprehensive education on medical school debt strategy!
@Mei Zhang - Congratulations on starting your residency! You definitely want to consolidate your federal loans into Direct Loans BEFORE you start making payments if they re'not already Direct Loans. Here s'why: only payments made on Direct Loans count toward PSLF, so if you have older FFEL loans or Perkins loans, those payments won t'qualify until you consolidate. The consolidation process can take a few weeks to complete, so start it now if needed. Once you consolidate, your PSLF payment counter starts at zero, but that s'fine since you re'just starting your qualifying employment anyway. Also, make sure to submit your Employment Certification Form ECF (as) soon as you start your residency to get your employment pre-approved for PSLF. Don t'wait until the end - submit it annually or whenever you change jobs to avoid any surprises later. One more tip: get on an Income-Driven Repayment plan immediately when you start residency while your income is still low from medical school. Your payments will be calculated based on your current income, not your future attending salary, which keeps those qualifying payments as low as possible. You re'asking all the right questions at exactly the right time. Getting this stuff sorted out in your first month of residency could literally save you hundreds of thousands of dollars over the long term!
Just want to emphasize something that got touched on but deserves more attention - the importance of timing your loan consolidation correctly if you're pursuing PSLF. I made a costly mistake early in my residency by not understanding that consolidation resets your payment count to zero. I had already made 8 months of payments on my existing federal loans before realizing I needed to consolidate some older FFEL loans to make them PSLF-eligible. When I consolidated everything together, I lost those 8 months of qualifying payments. The lesson: if you have mixed federal loan types, consolidate ALL of them before making your first qualifying payment, even if some are already Direct Loans. This way you start with a clean slate and don't lose any progress. Also, regarding the family help strategy - one approach that worked well for me was having my parents help with the "lifestyle creep" expenses during residency (reliable car, decent apartment, etc.) rather than loan payments. This kept my official income low for IDR calculations while still providing meaningful financial support. When you're working 80+ hour weeks in residency, having family help with quality of life expenses can be just as valuable as loan payments, and it doesn't interfere with your forgiveness timeline. The tax implications really are minor compared to getting your overall strategy right from day one!
16 Look, let's be real about what you're trying to do. You want to deduct expenses without issuing a 1099 because your contractor probably doesn't want to report that income. That's tax fraud for both of you, and the IRS is cracking down HARD on this exact thing. My brother-in-law tried this and got absolutely hammered with penalties, back taxes, and interest. They can match your deductions against reported 1099s. Just don't.
1 That's definitely NOT what I'm trying to do. My contractor will be reporting her income regardless. There are other reasons I'd prefer not to be the one issuing a 1099, but I won't get into the details. I'm just trying to understand if there are legitimate alternatives, which it sounds like there might be through payment processors based on COMMENT 6. No interest in committing tax fraud here.
I've been dealing with similar contractor payment situations for my small business, and I'd recommend being extra careful about the payment processor route mentioned above. While it's true that paying through PayPal Business or credit cards can eliminate your 1099-NEC requirement, you need to make sure you're using the right type of payment. PayPal Friends & Family payments won't qualify - it has to be through their business/goods & services option where fees are charged. Same with credit cards - personal credit card payments might not always trigger 1099-K reporting depending on the processor and payment volume. The threshold for 1099-K reporting has also changed recently, so double-check current requirements. In 2023, the threshold was supposed to drop to $600 total payments, but the IRS delayed implementation. Make sure you understand what the current rules are before relying on this strategy. Bottom line: if you're going to deduct the expense, the IRS expects some form of third-party reporting to match. Whether that's a 1099-NEC from you or a 1099-K from a payment processor, there needs to be a paper trail.
Thanks for bringing up those important details about payment processors! I was actually wondering about the threshold changes for 1099-K reporting. Do you know what the current threshold is for 2024? I want to make sure if I switch to PayPal Business payments that it will actually trigger the 1099-K reporting and cover my compliance requirements. Also, when you say "business/goods & services option" - is that automatically selected when using PayPal Business accounts, or do I need to specifically choose that payment type for each transaction?
Giovanni Marino
I've been following this thread and wanted to add something that might help with the transcript confusion - the IRS actually has a pretty detailed publication (Pub 5307) that explains how to read wage and income transcripts. It maps out exactly what each code means and which boxes on your W-2 they correspond to. What really helped me when I was in a similar situation was printing out both the transcript and this publication, then going line by line to make sure I understood what each entry meant before entering anything on my tax forms. The transcript codes can be really confusing (like "WH-FIT" for federal income tax withheld), but once you have the decoder it becomes much clearer. You can download Pub 5307 directly from the IRS website. It's only about 6 pages long but it saved me from making some costly mistakes when I was trying to file with just my transcript. Just thought this might be useful for anyone else dealing with transcript interpretation issues!
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Paolo Romano
ā¢This is incredibly helpful! I had no idea the IRS published a guide specifically for reading transcripts. I've been staring at mine for hours trying to figure out what "WH-MCARE" and "WH-SS" meant - now I know those are Medicare and Social Security withholdings. Just downloaded Pub 5307 and you're right, it's like having a translation key. For anyone else struggling with the transcript codes, this publication breaks down every single abbreviation and shows you exactly where each piece of information would appear on an actual W-2. Definitely wish I had found this earlier in the process! Thanks for sharing this resource.
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GalaxyGuardian
As someone who's dealt with this exact situation multiple times, I want to emphasize that you're definitely on the right track with the wage and income transcript - it's completely acceptable for federal filing and contains all the key information the IRS needs. One thing I haven't seen mentioned yet is that if you're really pressed for time and can't get your state withholding information sorted out, you might want to consider filing your federal return first using the transcript data, then handling your state return separately once you track down that information. Many states have later deadlines than the federal April 15th deadline anyway. Also, for future reference, I'd highly recommend setting up an online account with your state's tax agency if they offer one. Many states now provide digital access to your withholding information similar to how the IRS provides transcripts. It's one of those things that seems obvious in hindsight but can really save you in situations like this. The main thing is don't panic - you have several good options here and the IRS understands that sometimes documents get lost. The transcript route is legitimate and widely used by tax professionals when clients are missing their W-2s.
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