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I've seen people try this S corp/partnership arrangement and it usually doesn't end well. The IRS tends to look at the substance over form. Since you already own 100% of the S corp, and would own some percentage of the partnership, they might view it as a circular arrangement without real economic substance. If you're looking for income splitting, have you considered bringing in family members as legitimate minority shareholders in your S corp? That can be a cleaner way to distribute income if done properly.
Thanks for the insight! I hadn't considered adding family members as S corp shareholders. Would my spouse or adult children qualify? And does the IRS require them to be actively working in the business to be shareholders?
Yes, your spouse and adult children can absolutely be shareholders in your S corporation. The IRS doesn't require S corporation shareholders to work in the business - they can be passive investors. However, if you're trying to justify paying them salaries (which would be deductible to the business), then they would need to perform actual services with market-rate compensation. But if you're simply allocating a portion of profits through distributions, they don't need to be active in the business. Just make sure any ownership transfers are properly documented and reflect legitimate gift or sale transactions.
I think a better solution might be a "brother-sister" corporate structure where you create a second, separate entity rather than a partnership between yourself and your S corp. My accountant set this up for me last year - I have an S corp for my consulting business, then a separate LLC taxed as a partnership that handles all our intellectual property and equipment. The S corp pays the LLC licensing fees, which helps optimize our total tax situation.
One thing to be careful about is keeping very detailed records of the support calculation. The IRS may scrutinize foreign dependent claims more closely, so you'll want to document not just the medical expenses but ALL support you provide versus what your parents pay for themselves. Create a spreadsheet tracking monthly expenses: housing costs, utilities, food, medical care, transportation, etc. Include both what you send and what your sister handles on your behalf. This will help prove you're providing over 50% of their total support. Also, consider having your parents sign a statement (in both Thai and English) acknowledging that you provide their primary financial support. While not required, this can be helpful documentation if the IRS has questions about your dependent claims. The ITIN application process can take several months, so start that early. You'll need certified copies of their passports and possibly other identity documents from Thai authorities.
This is incredibly helpful advice about the documentation! I'm definitely going to set up that spreadsheet system you mentioned. Quick question though - when you say "certified copies of their passports," does that mean I need to get them certified by a Thai government office, or can a US notary handle that? And do you know roughly how long the ITIN process typically takes? I want to make sure I have everything ready before next tax season.
For passport certification, you'll need to get them certified by Thai authorities since they were issued there. A US notary can't certify foreign documents. Your parents can typically get certified copies from the Thai passport office or other designated government offices in Thailand. Your sister who lives there could help them with this process. The ITIN application process usually takes 7-11 weeks during peak filing season (January-April) but can be faster during off-peak times - sometimes as quick as 4-6 weeks. I'd recommend starting the process by October or November to ensure you have the ITINs before you need to file your taxes. One tip: you can actually submit the ITIN applications along with your tax return, but this means you'll need to mail your return instead of e-filing, which delays your refund. Getting the ITINs ahead of time allows you to e-file normally.
One additional consideration for your situation - since you're dealing with foreign medical expenses, make sure to convert all Thai baht amounts to USD using the exchange rates from the dates when the expenses were actually incurred, not just a single year-end rate. The IRS requires you to use the exchange rate from the transaction date for each expense. I'd recommend keeping a log of exchange rates alongside your expense records. You can use the IRS's yearly average exchange rates as published in their Revenue Procedures, or daily rates from sources like xe.com or the Federal Reserve. This becomes especially important if the Thai baht fluctuates significantly during the year. Also, be aware that if you're sending money through services like Western Union or bank wire transfers, those transaction fees are generally NOT deductible as medical expenses, even though they're necessary to get the money to your parents for their care. Only the actual medical and caregiving costs qualify. The good news is that caregiver expenses for your parents can be substantial and are generally deductible as long as the care includes some medical component (not just companionship). Make sure to get documentation showing the caregiver helps with medical needs like medication management, mobility assistance, or other health-related activities.
This is really detailed advice, thank you! The exchange rate requirement makes total sense but I hadn't thought about it. I've been sending money at different times throughout the year, so the rates definitely varied. Quick question about the caregiver expenses - my parents' caregiver mainly helps with daily activities like bathing, dressing, and making sure they take their medications on time. She's not a licensed nurse, just someone from their community who helps elderly people. Would this still qualify as medical care, or do I need someone with formal medical training for it to be deductible? Also, do you happen to know if I need to get any special documentation from the caregiver herself, or is it enough to just have receipts showing I paid for her services?
Just to clarify a bit about the timing - in my experience, the Navy Federal early direct deposit feature sort of works with tax refunds, but maybe not exactly 5 days early like with regular paychecks. It might be more like 1-3 days early, depending on when the IRS actually processes everything. I'm kind of in a similar situation where I really need my refund soon for some medical bills that are coming due at the end of the month.
I've used TurboTax with Navy Federal for the past 3 years and can share some specifics. The early deposit does work for tax refunds, but it's typically 2-3 days early rather than the full 5 days they advertise for paychecks. For medical expenses, make sure you're tracking everything - not just doctor visits but also prescriptions, medical equipment, and travel costs for medical care. TurboTax's medical expense interview is pretty thorough and will help you catch deductions you might miss. One tip: if you're cutting it close on timing for those medical bills, consider e-filing as early as possible since the IRS starts processing returns in late January. Also, set up IRS account online so you can track your refund status directly rather than relying solely on TurboTax's tracker.
Don't forget about all the penalties that stack up when you don't file for multiple years! Make sure your CPA is looking into Penalty Abatement options. My sister was able to get a First Time Penalty Abatement for one of her unfiled years which saved her about $8k in penalties. Won't solve the whole problem but every bit helps with a debt this size.
Thank you! I had no idea about penalty abatement. I'll definitely ask the CPA about this. Is there a limit to how many years you can get penalties removed for? Or is it just for one year?
The First Time Penalty Abatement typically only applies to one tax year. It's designed for taxpayers who have a clean compliance history for the three years before the year you're requesting abatement for - which might be tricky in your husband's case with 5 years unfiled. However, there are other types of penalty abatement based on reasonable cause. If there were legitimate reasons why your husband couldn't file (serious illness, natural disasters, inability to access records, etc.), you might be able to make a case for additional penalty relief. Your CPA should definitely explore all these options - penalties and interest can sometimes add up to nearly half the total amount owed after several years.
I went through something similar with my business about 3 years ago - owed around $150k for unfiled returns. Your CPA is generally right about the IRS being reasonable if you're proactive and stick to a payment plan, but there are some things to be prepared for: First, they will almost certainly file a Notice of Federal Tax Lien once the amount is assessed, even if you're on a payment plan. This protects their interest but doesn't mean they'll seize your assets immediately. The lien can affect your credit score and make it harder to get loans or refinance, but you can still live normally. Second, make sure your payment plan is realistic. The IRS wants to see you can actually make the payments long-term. If you default on the agreement, that's when enforcement actions become more likely. One thing that really helped me was getting current on all future filings immediately. The IRS looks much more favorably on taxpayers who are compliant going forward while paying off old debt. Also, consider having your CPA look into Currently Not Collectible status if your financial situation makes even minimum payments difficult. This can temporarily pause collection activities while you get back on your feet. The key is being proactive and communicating with the IRS rather than avoiding them. It sounds like you're on the right track by filing voluntarily before they come after you.
This is really helpful perspective from someone who's been through it! The Currently Not Collectible status is something I hadn't heard of before. How do you qualify for that? And does it stop interest from accumulating while you're in that status, or does the debt keep growing even though they're not actively collecting? Also, when you mention getting current on future filings - does that mean you need to stay completely caught up on quarterly payments and annual filings going forward, or is there some flexibility if you're still working through the old debt?
Harmony Love
Check if you claimed EIC or child tax credit. Those usually trigger 507 codes for verification. Also peep your wage and income transcript to make sure everything matches up with what you filed.
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Melissa Lin
ā¢ya i did claim EIC... guess thats why š®āšØ
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Keisha Jackson
Code 507 is definitely income verification review. Had the same thing happen to me last year - took about 10 weeks but got my full refund plus interest. The IRS is just making sure your W-2s and 1099s match what you reported. Don't stress too much, just be patient and avoid calling unless you get a CP notice asking for documents. Most of these resolve automatically once their systems finish cross-checking everything.
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Malia Ponder
ā¢Thanks for sharing your experience! 10 weeks sounds about right from what I'm hearing. Did you get any notifications during those 10 weeks or did your transcript just randomly update one day? Trying to figure out if I should be checking daily or just forget about it for a while lol
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