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Don't forget to check if your state has also assessed late filing penalties! I went through this exact thing last year, got the federal penalty abated through reasonable cause, and then two months later got hit with state penalties for the same late filing. Had to go through the whole process again with the state tax agency.
This is super important! Same thing happened to me but with New York state. They're actually much harder to deal with than the IRS in my experience. The good news is that if you get the federal penalty abated, you can usually use that as evidence for your state appeal.
Just wanted to share that I went through something very similar with my partnership return last year. We had delayed 1099s from a major client who completely messed up their year-end reporting, and I ended up with a $1,800 penalty for filing 6 weeks late. I wrote my own reasonable cause letter and it worked! The key things I included were: 1) A clear timeline showing when we should have received the 1099s vs when we actually got them, 2) Documentation (emails) showing we had requested the forms multiple times, 3) Proof that we filed immediately upon receiving the missing documents, and 4) Our clean compliance history for previous years. I addressed the letter to the correspondence address on the penalty notice, included all our partnership details, and sent it certified mail. It took about 8 weeks, but they fully abated the penalty. The IRS agent I eventually spoke with said that third-party document delays are actually one of the most common and accepted reasonable cause situations. Don't let the CPAs scare you into thinking this is too complicated to handle yourself - if you can clearly explain what happened and provide some basic documentation, you have a really good shot at getting this resolved without paying professional fees that exceed the penalty amount.
This is really encouraging to hear! I'm dealing with almost the exact same situation. One quick question - when you say you provided "documentation (emails)" showing you requested the forms multiple times, did you include the actual email threads or just summarize what happened in your letter? I have several emails with our client asking about the delayed 1099s, but I wasn't sure if including all of them would make my submission too bulky or if the IRS would actually want to see the specifics.
Has anyone used TurboTax for backdoor Roth reporting? I'm trying to DIY this and it keeps giving me errors when I enter my recharacterization.
TurboTax is terrible for backdoor Roths! I had to manually override it last year. The key is entering your nondeductible traditional IRA contribution first WITHOUT checking any boxes about converting to Roth. Complete that section fully, then separately enter the conversion in the Roth IRA section. If you try to do it all at once, TurboTax gets confused.
I went through almost the exact same situation last year! The key thing that saved me was getting everything properly documented on Form 8606. Since you did both the 2023 recharacterization AND the 2024 conversion in the same tax year, you'll need to be extra careful about the sequencing. For your 2023 amended return: You'll report the recharacterized contribution as a nondeductible traditional IRA contribution on Form 8606. This establishes your basis. For your 2024 return: You'll show the conversion on Form 8606 Part II, using the basis you established from 2023. Any earnings that accumulated between your original contributions and the conversion date will be taxable. The tricky part is that some tax software doesn't handle this cross-year complexity well. Make sure your preparer understands that the 2023 recharacterization creates nondeductible basis that carries forward to reduce the taxable portion of your 2024 conversion. If they miss this connection, you could end up paying tax on money that should be tax-free. I'd strongly recommend double-checking their work on Form 8606 - specifically that they're correctly calculating your nondeductible basis from the recharacterized 2023 contributions.
This is incredibly helpful! I'm dealing with a similar cross-year situation and I'm worried my tax preparer might miss that connection between the 2023 recharacterization basis and the 2024 conversion. Quick question - when you say "any earnings that accumulated between your original contributions and the conversion date will be taxable" - does that include earnings that happened while the money was still in the Roth IRA before recharacterization? Or just the earnings after it moved to the traditional IRA? I'm trying to figure out exactly what portion of my conversion will be taxable. Also, did you end up needing to provide any additional documentation to the IRS beyond the standard forms, or was the Form 8606 sufficient to show the proper sequencing?
One thing nobody's mentioned - if you're exercising underwater ISOs, make sure to check if your company might offer a re-pricing or exchange program. Some companies will cancel underwater options and reissue at a lower strike price, which might be better than exercising underwater options. Worth asking your HR or stock admin before making any moves.
Great discussion everyone! I've been dealing with a similar underwater ISO situation and wanted to add one more consideration that helped me make my decision. Even though there's no immediate AMT impact for exercising underwater ISOs, you should also factor in your company's 10-year option expiration timeline. In my case, some of my underwater ISOs were granted 7+ years ago and were approaching expiration. Since there's no tax penalty for exercising underwater, I decided to exercise those older grants to at least convert them to actual shares before they expired worthless. This way, if the stock does recover in the next few years, I'll benefit from any appreciation above my strike price. The key insight for me was realizing that letting underwater options expire is a guaranteed loss, but exercising them (even at a loss) at least gives you a chance to recover if the company turns around. Obviously only do this with money you can afford to lose, but it's another angle to consider in your planning.
That's a brilliant point about the expiration timeline! I hadn't considered that angle at all. So essentially you're trading cash (to exercise) for equity upside potential rather than just letting them expire worthless. How did you decide which underwater options to exercise if you had multiple grants at different strike prices? Did you prioritize the ones closest to expiration, or did you look at which strike prices were closest to current market value? I'm in a similar boat with some older grants that are pretty far underwater but approaching their 10-year mark.
I prioritized based on a combination of factors, but expiration timeline was definitely the primary consideration. For grants that were within 12-18 months of expiring, I exercised regardless of how far underwater they were - better to own the shares than let them expire worthless. For grants with more time remaining, I focused on those with strike prices closest to current market value since they had the best chance of recovery. I also considered my overall portfolio diversification - didn't want to put too much cash into company stock even if the tax implications were favorable. One thing that really helped was creating a spreadsheet with all my grants showing strike price, current FMV, expiration date, and potential cash outlay. This let me model different scenarios and see which combinations made the most sense given my risk tolerance and available cash. The visual really helped clarify which grants were worth exercising vs. letting expire.
Don't forget to consider state tax implications too! My exchange was fine for federal purposes but my state (CA) had different rules about how much gain I could defer. Ended up having to pay state tax on part of the exchange that was tax-deferred federally.
This is such a good point. I'm in NJ and had a similar issue with my last exchange. The state wanted to tax more of the gain than the feds did. Made for a complicated tax return that year.
Based on your numbers, here's how your basis calculation should work: Your adjusted basis in the relinquished property was $95,000 ($325,000 - $230,000 depreciation). For the new property basis calculation: - Start with old adjusted basis: $95,000 - Add additional cash invested: $0 (since your net proceeds after boot exactly equaled your purchase price) - Add recognized gain: $410,000 (the cash boot you received) - Subtract boot received: $410,000 This gives you a new basis of approximately $95,000 in your replacement property. The key point is that in a 1031 exchange, you're essentially carrying over your low basis from the old property to the new one. The $410,000 boot you took will be taxed as capital gains, but it doesn't increase your depreciable basis in the new property. So yes, your depreciable basis will be much lower than the $1,025,000 you paid - it will be close to your original adjusted basis of $95,000. This means you'll have less depreciation deductions going forward, but you've already benefited from $230,000 in depreciation on the original property. Make sure to file Form 8824 with your tax return to properly report this exchange!
This breakdown is really helpful, thank you! So if I understand correctly, even though I paid $1,025,000 for the new property, I can only depreciate based on the $95,000 basis? That seems like a huge difference in annual depreciation deductions compared to if I had just sold the old property and bought new without doing a 1031 exchange. Is there any way to step up the basis, or is this just the trade-off for deferring the capital gains tax on the exchange?
Summer Green
Just be careful about taking distributions without paying yourself a reasonable salary first. The IRS really scrutinizes this with S Corps since it's a common area of abuse. If they determine your salary is unreasonably low, they can reclassify all those distributions as salary retroactively and hit you with back taxes and penalties.
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Gael Robinson
β’Exactly right. I learned this the hard way. My friend had an S Corp for his consulting business and tried to pay himself just $30k salary while taking $100k in distributions. Got audited and the IRS reclassified most of his distributions as wages, resulting in about $15k in back taxes, penalties and interest. Not worth the risk!
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Zara Rashid
I was in a very similar situation when I started my consulting practice! One thing that really helped me was understanding that the "reasonable salary" doesn't have to be perfect from day one - you can adjust it as you learn more about your business. Since you're already bringing in consistent $8k/month from consulting, I'd suggest starting with around $4,500-5,000 monthly salary (which aligns with what others have suggested) and then taking distributions for the remainder as needed for your living expenses. The key is being able to justify your salary if questioned. Document comparable salaries for consultants in your field and location - sites like Glassdoor, PayScale, or even job postings can help establish what someone with your skills would earn as an employee. Also, don't let the money just sit there stressing you out! You can absolutely start paying yourself through a payroll service like Gusto while you wait for your CPA to have more availability. Just keep good records and be prepared to adjust if they recommend something different later.
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CosmicCrusader
β’This is really solid advice! I'm also just starting out with consulting and the documentation piece is something I hadn't thought about. Do you recommend keeping a formal file with all the salary research, or is it enough to just bookmark some job postings and salary surveys? Also, how often should someone review and potentially adjust their S Corp salary - quarterly, annually, or only if business income changes significantly?
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