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One more piece of advice - make sure to keep copies of EVERYTHING you send to the IRS, and send your response via certified mail with return receipt requested so you have proof of when they received it. Also, if the January 18th deadline is too tight, you can call and request a 30-day extension, which they usually grant. That would give you more time to get the proper documentation from the restaurant group.
This is important! I'd also suggest faxing a copy if possible in addition to mailing. The IRS still uses fax and sometimes processes those faster than mail. You can get a free online fax service to send it.
I've been through a very similar situation with a payment processor issue, and I want to emphasize something that hasn't been mentioned yet - document EVERYTHING about your employment relationship with the restaurant group. In addition to your W-2, gather any emails, text messages, or other communications that show: 1) You were asked to set up the Square account as part of your job duties 2) You never had control over the funds (they went directly to business accounts) 3) You were acting as an employee, not an independent contractor Also, since the restaurant group was sold to a parent company, try to get documentation of that sale/transfer. This can help establish the business relationship timeline and show the IRS that this was clearly a business operation, not your personal income. If the current accountant doesn't follow through, consider reaching out directly to the parent company's finance department. They may be more responsive since this could affect their tax compliance too. One last tip - when you write your response letter, be very specific about dates, amounts, and the business purpose of each transaction. The more detail you can provide about how this was clearly business income that was misreported, the stronger your case will be. Good luck, and don't let this stress you out too much - these payment processor mix-ups are incredibly common and the IRS has seen it all before!
I used to work as a paralegal at a tax firm. One thing to consider - ask if they can give you a cap on research hours or a flat fee package. Most tax attorneys will be willing to set some limits once they've had an initial consultation and understand the scope. Otherwise, those research hours can add up quickly! Maybe something like "After 5 hours of research, we'll reassess and give you an updated estimate before continuing.
As someone who went through a similar situation with international gift tax complications, I'd suggest getting a second opinion before committing to those rates. While $625/hr isn't completely unreasonable for specialized international tax work, the combination of high hourly rates plus $800 per form seems excessive. I ended up working with a US-based tax attorney via video calls who charged $350/hr and included form preparation in their hourly rate. The time zone difference was manageable, and I saved over $3,000 compared to local quotes. Many US practitioners are very experienced with expat gift tax situations and can work efficiently since they handle these cases regularly. Also consider asking for a detailed scope of work upfront. "Substantial research" can mean different things, and you want to know exactly what they're researching before the clock starts ticking at $625/hr.
This is really helpful perspective from someone who's been through the same situation! Can you share how you found a US-based attorney who was experienced with expat cases? I'm worried about ending up with someone who says they can handle international issues but doesn't really have the depth of experience needed. Were there specific questions you asked during consultations to gauge their expertise?
INFO: Are you and your boyfriend financially supporting yourselves and your children together, or is your dad providing significant financial support to you? Also, how old are you? The rules are different depending on whether you're over 19 (or 24 if you're a student).
My boyfriend supports us financially since I stay home with the kids. My dad pays for my car insurance ($600/year) and my cell phone ($50/month), but that's it. I'm 22 years old, not a student. My boyfriend and I have been living together and taking care of our two kids (ages 2 and 4) for almost two years now.
Based on what you've shared, your dad absolutely cannot claim you as a dependent. For him to claim you as a qualifying child, you would need to: live with him for more than half the year (which you didn't), be under 19 or a student under 24 (you're 22 but not a student), and he would need to provide more than half your support (he's only providing minimal support with insurance and phone). Your domestic partnership further solidifies that you've established your own household with your boyfriend. Your boyfriend might potentially be able to claim you as a qualifying relative dependent if you meet the income requirements, but your father definitely doesn't qualify to claim you under either the qualifying child or qualifying relative tests. The residency requirement alone disqualifies him completely.
Based on everything you've shared, your dad has absolutely no legal basis to claim you as a dependent. The IRS has very clear rules for this: For a "qualifying child" dependent, you must live with the person claiming you for MORE THAN HALF THE YEAR. Since you haven't lived with your dad at all in the past year, this requirement fails completely. For a "qualifying relative" dependent, the person must provide MORE THAN HALF of your total support. Your dad paying $600/year for car insurance and $50/month for your phone ($1,200 total annually) is nowhere near half of what it costs to support you, your boyfriend, and two children. Your registered domestic partnership establishes that you're part of a separate household unit. You're functioning as a family with your boyfriend and children - this is completely different from being financially dependent on a parent. Tell your dad straight up: "The IRS requires dependents to live with the person claiming them for at least 6 months of the year. Since I haven't lived with you at all, you legally cannot claim me. Period." Don't let him argue with tax law - these aren't opinions, they're federal requirements. If he tries to claim you anyway, the IRS will catch it when returns are processed and he'll face penalties for fraudulent claiming. Protect yourself by filing your own return correctly.
This is really helpful advice! I'm in a somewhat similar situation where my mom keeps insisting she can claim me even though I moved in with my girlfriend last year. The part about the registered domestic partnership creating a separate household really makes sense - it shows you're not just temporarily away from your parent's home but actually established your own family unit. @Paolo Conti - have you considered getting something in writing from a tax professional to show your dad? Sometimes parents are more likely to accept it when it comes from an official "source" rather than their own kids telling them no.
Another thing to consider - if your mom owns her home, she might be eligible for property tax relief or homestead credits in many states. These often require filing a state tax return even when federal filing isn't required. Also, has she been paying estimated taxes during these unfiled years? If not, and she does end up owing, you might want to look into the IRS Fresh Start program which can help with penalties.
I helped my elderly neighbor with this exact situation! Just wanted to add that for the 2021 tax year, there were some special COVID relief payments that your mom might have been eligible for. If she didn't receive them, filing that return might actually get her money back.
I'm going through something very similar with my grandmother right now, so I completely understand the stress and worry you're feeling! One thing that really helped us was getting organized first before diving into the actual filing process. Here's what we did: First, we gathered all her income documents for each year (SSA-1099s, 1099-Rs, 1099-INTs, etc.) and made separate folders for 2021, 2022, and 2023. Then we collected all those IRS notices and sorted them by date to see what they were actually asking for. The biggest relief was discovering that many of the "scary" notices were just automated reminders, not actual threats. Some were even for years she didn't need to file at all! Since your mom's income situation sounds relatively straightforward (Social Security + pension + small interest), this might be manageable to tackle together. But honestly, given that she's been getting IRS correspondence for a while, it might be worth the peace of mind to consult with a tax professional who specializes in unfiled returns. They can quickly determine which years actually require filing and help navigate any correspondence with the IRS. The most important thing is that you're helping her address this now - ignoring it only makes things more complicated. You're being a great child by stepping in to help sort this out!
This is such great advice about getting organized first! I'm dealing with a similar situation with my dad and the folder system you mentioned really helps make it less overwhelming. One question - when you were going through those IRS notices, did you find any that had specific deadlines or required immediate responses? I'm worried about accidentally missing something time-sensitive while we're getting everything sorted out.
Jamal Harris
As a tax professional, I want to emphasize a few critical points that haven't been fully addressed: 1. **S Corp Owner-Employee Status**: As a single-member S Corp owner, you're considered an employee of your corporation. This means HSA contributions made through payroll are treated as employer contributions, which is exactly what you want for maximum tax benefits. 2. **Documentation is Key**: Make sure your S Corp formally adopts an HSA plan document and maintains records showing the contributions are part of your employee benefits package. This protects you if the IRS ever questions the treatment. 3. **Timing Considerations**: If you just formed your S Corp in 2025, verify that your S Corp election was properly filed (Form 2553) and accepted by the IRS. You can only use the employer contribution method for months when you were actually an S Corp employee. 4. **Comparison vs. Sole Proprietorship**: If you were previously a sole proprietor, the FICA savings alone make the S Corp structure worthwhile for HSA contributions. As a sole proprietor, you'd pay 15.3% self-employment tax on the same income that would fund your HSA. The payroll method through ADP is definitely the right approach - just make sure all your corporate formalities are in order first. The tax savings are substantial and completely legitimate when structured properly.
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Amina Diallo
ā¢This is incredibly helpful advice, @Jamal Harris! The point about formally adopting an HSA plan document is something I hadn't considered - is this something I need to have my attorney draft, or are there standard templates available for single-member S Corps? Also, regarding the S Corp election timing, I filed my Form 2553 in January and received the acceptance letter from the IRS last month, so I should be covered for the full year. But your point about only being able to use the employer contribution method for months when I was actually an S Corp employee makes me wonder - since I formed the S Corp in early January, would any HSA contributions I make through payroll be valid for the entire 2025 tax year? The documentation aspect seems really important for audit protection. Do you have any recommendations for what specific records I should be maintaining beyond just the payroll records from ADP?
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Angelina Farar
ā¢Great question about the HSA plan document, @Amina Diallo! For single-member S Corps, you typically don't need a complex attorney-drafted document. The IRS provides guidance that a simple written policy stating your S Corp will reimburse HSA contributions for employees (which includes you as the owner-employee) is sufficient. You can find sample language in IRS Notice 2004-2 and Rev. Rul. 2013-25. Since you filed Form 2553 in January and received acceptance, you should be covered for the full 2025 tax year, assuming you've been treating yourself as an employee with regular W-2 wages and payroll taxes. For documentation, I recommend maintaining: 1) Your HSA plan document/policy, 2) Board resolution authorizing the HSA benefit (even as a single member, corporate formalities matter), 3) All payroll records showing the HSA contributions, 4) Your HSA provider statements, and 5) Documentation proving your health plan meets HDHP requirements. The key is showing this was a deliberate business decision with proper corporate authority, not just a personal expense run through the business. Clean documentation makes all the difference in an audit scenario.
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Kylo Ren
This thread has been incredibly educational! As someone who's been considering converting my sole proprietorship to an S Corp, the HSA angle adds another compelling reason to make the switch. One question I haven't seen addressed: what happens if you have employees in your S Corp besides yourself? Does offering HSA contributions as an employer benefit need to be extended to all employees, or can you limit it to owner-employees? I'm thinking about potentially hiring someone part-time later this year and want to understand the implications before I set up the HSA payroll structure. Also, @Jamal Harris mentioned board resolutions even for single-member S Corps - is this something that needs to be done annually, or is a one-time resolution sufficient to establish the HSA benefit policy? I want to make sure I'm covering all the corporate formality bases from the start. The tax savings really are substantial when you consider both the FICA savings and the income tax deduction. Thanks to everyone who shared their experiences - this has saved me from making some costly mistakes!
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Paolo Rizzo
ā¢Great question about employees, @Kylo Ren! Generally speaking, if you offer HSA contributions as an employer benefit, you need to make it available to all eligible employees on a non-discriminatory basis. However, you can establish eligibility requirements (like minimum hours worked, length of service, etc.) that might naturally exclude part-time employees. The key is that whatever rules you set must apply equally to everyone, including yourself as an owner-employee. For the board resolution, a one-time resolution is typically sufficient to establish the policy, but many S Corps do annual resolutions as part of good corporate governance practices. It shows ongoing deliberate business decisions rather than just a one-off personal expense. Even as a single member, maintaining these formalities strengthens your corporate veil protection and tax position. The employee question is definitely something to discuss with a tax professional before hiring, as it can add complexity to your benefit structure. But don't let that deter you from setting up the HSA benefit for yourself now - you can always modify the policy later if needed!
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