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Something important that hasn't been mentioned yet - check your sale agreement carefully. Often there are tax provisions specifically addressing this situation. In my case, we had a "tax true-up" clause that required the company to make a distribution to departing shareholders specifically to cover tax liabilities attributable to undistributed profits. If your agreement has language about tax distributions, tax true-ups, or tax withholding related to shareholder exits, you may have contractual recourse against your former partners.
I just reviewed my sale agreement and found a section titled "Tax Distributions for Departing Shareholders" that I completely missed before! It says the company must make distributions to cover tax liabilities on allocated profits for the year of departure. Should I get a lawyer involved or just approach my ex-partners directly?
I'd suggest approaching your former partners directly first with a clear reference to the specific clause in your agreement. Send them a professional email quoting the exact language and calculating what you believe you're owed based on the K1 allocations. If they're reasonable business people, they may acknowledge the oversight and work to make it right. Only escalate to legal involvement if they refuse to honor the agreement or dispute your interpretation. Many times, this is just an oversight rather than intentional, especially if the transaction was complex.
The timing of your sale creates a unique issue. If you sold mid-year 2024 but the transaction completed in 2025, there's a possibility that your income allocation on the K1 isn't properly pro-rated for the period you actually owned shares. S Corps are required to allocate income based on per-share, per-day calculations when ownership changes mid-year. Did your K1 reflect owning shares for the entire year or just the portion you were an actual owner?
This is super important. I had a similar situation and discovered my K1 showed income for the full year even though I sold my shares in July. Required an amended K1 and saved me about $30k in taxes.
@Anastasia Smirnova You should definitely verify this! Look at your K1 Schedule K-1 box 1 ordinary (business income -) it should show income only for the days you actually owned shares in 2024, not the full year. If you sold in the middle of 2024, your allocation should be significantly less than a full year s'worth. Since you mentioned the sale was agreed to in 2024 but completed in early 2025, the key question is when you legally ceased to be a shareholder for tax purposes. This could make a huge difference in your tax liability - potentially tens of thousands of dollars. You might want to request the company s'books showing exactly how they calculated the per-share, per-day allocation for your K1. If they got this wrong, you ll'need an amended K1.
I'm going through almost the exact same thing right now! They misread my $127 charitable deduction as $1,270 and are claiming I owe an extra $400. It's so frustrating because you can clearly see on the 1099 what the actual amount should be. I sent my certified letter with all the documentation about 4 months ago and just got my fourth "we need more time" letter. At this point I'm starting to wonder if anyone actually reads these things or if they just automatically generate delay letters forever. The worst part is seeing that balance on my account transcript knowing it's completely wrong but being powerless to fix it quickly. Thanks for posting this - at least I know I'm not alone in dealing with their scanning problems!
I feel your pain! Four months of delay letters is incredibly frustrating, especially when you have clear documentation showing their error. The scanning issues seem to be getting worse - I've heard from multiple people dealing with similar problems where handwritten numbers get completely mangled. Have you considered trying any of the tools or services mentioned earlier in this thread? The Claimyr callback service that @Grace Durand and @Zoe Wang used might help you get through to someone who can at least put notes on your account to stop the automated collection process while they sort this out. Also, since you re at'the 4-month mark, you might want to start preparing for the 6-month milestone when you can escalate to your Congressional representative s office'if the IRS still hasn t acted.'Keep all those delay letters as evidence of how long this has been dragging on!
I went through something very similar about 18 months ago when the IRS misread my handwritten $847 medical deduction as $8,470. Like you, I got those maddening 60-day delay letters for what felt like forever. Here's what I learned: those letters are basically automated placeholders their system generates when your case hasn't been assigned to a human reviewer yet. The frustrating reality is that correspondence review is one of their lowest priority queues, especially for what they consider "simple" scanning errors. What finally worked for me was being persistent about documentation. I kept meticulous records of every letter, every date, and every certified mail receipt. When I hit the 7-month mark with no resolution, I contacted my state representative's office. Their caseworker was able to get my file reviewed within 2 weeks, and the error was corrected with a full refund of the incorrect amount plus interest they had charged me. Don't pay what they're asking for - you're 100% right that it's their scanning error. Keep waiting, keep your documentation organized, and start thinking about Congressional help if you hit the 6-month mark. You will eventually get this resolved correctly.
This is really encouraging to hear that you eventually got it resolved! Seven months is a long time to wait, but knowing there's light at the end of the tunnel helps. I'm curious - when your state representative's office got involved, did they contact the IRS directly or did they have you submit additional documentation through them? I'm keeping detailed records like you suggested, including screenshots of my online account showing the incorrect balance. It's reassuring to know that the Congressional route actually works when the normal process fails. Did you get any pushback from the IRS about the interest they had charged on the incorrect amount, or did they automatically reverse all of that once they fixed the scanning error?
Don't forget that if your mom provides childcare in YOUR home rather than hers, the tax situation changes. She might actually be considered a household employee (like a nanny) rather than self-employed. If that's the case, you might need to pay employment taxes (Social Security and Medicare). There's a household employment tax threshold ($2,600 for 2025), and if you paid her more than that in a calendar year, you'd need to look into "nanny taxes" using Schedule H with your tax return. It gets complicated quickly!
Is it just about WHERE the childcare happens? My mother-in-law watches my kids at my house 3 days a week and at her house 2 days. How would we handle that split situation?
It's not just about location - the key factor is whether she has control over how the work is performed or if you're directing her activities. If she's essentially following your schedule, using your supplies, and you're controlling when and how she provides care, she's likely a household employee regardless of location. For a split situation like yours, the IRS would look at the overall arrangement. If the majority of control rests with you (setting schedules, providing materials, directing activities), then the entire arrangement would likely be treated as household employment, even if some care happens at her house. However, if she has significant independence - like setting her own rates, providing her own supplies, caring for other children, and having control over her methods - she might qualify as an independent contractor for the whole arrangement. The $2,600 threshold would apply to your total payments to her for the year, not split by location.
Just want to add another consideration that often gets overlooked - make sure to keep detailed records of all payments to your mom throughout the year. The IRS recommends maintaining records like cancelled checks, bank statements, or receipts showing dates and amounts paid. Since you mentioned paying around $5,500, you're well above the household employment threshold that StormChaser mentioned. Even if your mom ends up being classified as self-employed rather than a household employee, having clear documentation will be crucial if you're ever audited. Also, consider having a simple written agreement with your mom outlining the childcare arrangement, even though she's family. This can help establish whether she's truly self-employed (setting her own terms, rates, methods) or if she's more like a household employee (following your schedule and directions). The IRS looks at the degree of control you have over the work when making this determination. One last tip - if your mom does end up owing self-employment taxes on this income, she might want to make quarterly estimated tax payments for next year to avoid penalties, especially if this arrangement continues.
This is such great advice about keeping detailed records! I'm actually in a very similar situation - just started paying my aunt to watch my twins, and I had no idea about the household employment threshold. One question about the written agreement you mentioned - are there specific things that should be included to help establish whether someone is self-employed vs. a household employee? Like should it specify that she sets her own rates or methods of care? I want to make sure we document this correctly from the start rather than trying to figure it out later when tax time comes around. Also, do you know if there are any templates or examples of these types of family childcare agreements that might help ensure we're covering all the important points?
Has anyone here successfully used the QBI aggregation rules to maximize their deduction? I'm an architect with multiple business activities (design services, project management, and a small product design business) currently operating as separate Schedule Cs. Wondering if combining them under the aggregation election might help with the W-2 limitation issue since one of my businesses has employees while the others don't.
That's super helpful, thanks! Did you need to work with a specialized CPA to get the aggregation right? I'm worried my regular tax guy might not be familiar enough with these specific QBI rules for architects.
I'd definitely recommend finding a CPA who specializes in business taxation, especially if you're dealing with multiple entities and aggregation elections. The QBI rules are still relatively new (since 2018) and many general tax preparers haven't fully mastered the nuances, particularly for professional service businesses like architecture. The aggregation election can be really powerful but there are strict requirements - you need to demonstrate that the businesses operate as an integrated economic unit, share facilities, employees, or significant business operations. Just having the same owner isn't enough. For your situation with design services, project management, and product design, you'll want to document how these activities are interconnected and support each other. The IRS looks for things like shared marketing, overlapping customer bases, shared administrative functions, etc. One thing to watch out for - once you make the aggregation election, you're generally stuck with it unless there's a material change in facts and circumstances. So make sure it's the right move long-term, not just for one tax year.
This is such a helpful thread! As a mechanical engineer who just crossed the income threshold this year, I'm dealing with similar QBI confusion. One thing I've learned from my research is that the "special treatment" for engineers really just means we're not completely shut out like other professional services. The wage/property limitation still applies, but at least we get something rather than zero. I'm curious though - has anyone here looked into the qualified property component of the limitation test? I know it's 25% of wages PLUS 2.5% of qualified property. For those of us without employees, investing in depreciable business equipment might be another way to increase the deduction. Things like expensive CAD workstations, surveying equipment, or specialized software licenses that qualify for depreciation could potentially help with the calculation. Would love to hear if anyone has experience with using the property component to maximize their QBI deduction as an engineer.
That's a really interesting angle I hadn't considered! I'm also a mechanical engineer dealing with the phase-out, and I've been so focused on the W-2 wage limitation that I completely overlooked the qualified property component. Do you know if leased equipment counts toward the qualified property test, or does it have to be owned outright? I lease most of my CAD workstations and some testing equipment through my business, but if purchasing them could help with QBI calculations, it might make sense to restructure those arrangements. Also wondering about software - I spend probably $15-20k annually on various engineering software licenses. Some are subscription-based, but others I could potentially purchase as perpetual licenses if that would count as qualified property for depreciation purposes. Has anyone worked with a tax professional who's specifically knowledgeable about maximizing the property component for engineering firms? This thread has been way more helpful than the generic QBI advice I've been finding online.
Donna Cline
One thing I haven't seen mentioned yet - if you do get the retroactive S-Corp election approved, make sure your CPA prepares a reasonable compensation study to justify whatever salary you're setting for yourself. The IRS really scrutinizes S-Corps because they know owners try to minimize salary (which is subject to employment taxes) in favor of distributions. Have you actually calculated how much you might save by switching to S-Corp status for 2022? It's mainly the Medicare and Social Security tax savings on the distribution portion, but you need to weigh that against the additional complexity and compliance costs.
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Harper Collins
ā¢What exactly is a "reasonable compensation study"? Is this something any CPA can do or do you need a specialist?
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Donna Cline
ā¢A reasonable compensation study is essentially documentation that supports the salary you've set for yourself as an S-Corp owner. It doesn't have to be a formal study done by a third party (though those exist), but should include evidence showing your salary is appropriate based on factors like: - Industry salary surveys for similar positions - Your qualifications, experience and time committed to the business - Geographic location salary data - The size and complexity of your business - Compensation for non-owner employees performing similar work - What competitors pay for similar roles Most CPAs who work regularly with small businesses and S-Corps can help put this together. The key is having it prepared before the IRS asks for it. If you're retroactively becoming an S-Corp and the IRS reviews your election, having this documentation ready shows you're making a good faith effort to comply with the "reasonable compensation" requirement.
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Oliver Becker
I went through a very similar situation about two years ago and successfully did the retroactive S-Corp election. A few things I learned that might help: First, yes, Rev. Proc. 2013-30 is absolutely legitimate, but timing is crucial. You have 3 years and 75 days from the original due date you wanted the election to be effective. So for 2022, you'd need to act soon. Second, the "reasonable cause" statement is critical. I used the fact that my previous tax preparer never mentioned S-Corp elections as an option despite my business income level. The IRS accepted this reasoning. Document everything - emails, conversations, even the lack of discussion about entity elections. Third, calculate the potential savings first before diving in. In my case, I saved about $18k in self-employment taxes, but I also had to establish a reasonable salary (I used about 60% of net income based on industry data) and file amended returns for multiple years. The process took about 6-8 months total to get fully resolved, but it was absolutely worth it. Make sure your new CPA has experience with late S-Corp elections - not all tax professionals are familiar with the process. Good luck!
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Gianna Scott
ā¢This is really helpful, thank you! I'm curious about the 60% salary figure you mentioned - how did you arrive at that percentage? I've been researching and seeing conflicting advice about what constitutes "reasonable compensation." Some sources say 40-60% of net income, others suggest looking at what you'd pay someone else to do your job. Did the IRS question your salary determination at all during the process, or did having the industry data backing it up make it smooth sailing? Also, when you say it took 6-8 months to get fully resolved, was most of that time just waiting for IRS processing, or were there back-and-forth communications required?
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