I went through a very similar situation last year and wanted to share what worked for me. I was also filing jointly for the first time after my spouse's status change, which put us over the Form 8938 threshold unexpectedly. Like you, I had always been compliant with FBAR requirements but was completely unaware of the additional Form 8938 obligation. The most important thing is that you've already reported all the income from those foreign accounts on your tax return - this puts you in a much better position regarding penalties. The IRS is generally more concerned about unreported income than missing information forms when the income has already been disclosed. When I filed my late Form 8938, I included a brief cover letter explaining that this was my first year above the reporting threshold due to joint filing status, that all foreign income had been properly reported on the return, and that I was filing the form promptly upon discovering the requirement. I emphasized my history of compliance with other international reporting obligations like FBAR. The form was accepted without any penalties or follow-up questions. Since you're planning to file within the next week, you're acting promptly, which demonstrates good faith compliance. The reasonable cause exception typically applies in situations like yours where there's a legitimate first-time filing scenario and you're taking corrective action quickly. Don't let the anxiety overwhelm you - based on your description, you're handling this exactly the right way!

I'm dealing with a very similar FATCA situation right now and this thread has been incredibly helpful! Like several others here, I'm filing jointly for the first time after my spouse's green card approval, which pushed us over the Form 8938 threshold unexpectedly. What's giving me some comfort is reading about everyone's experiences with the reasonable cause exception. I've also always been compliant with FBAR requirements and reported all foreign income correctly - it's just this additional form I missed. The consensus seems to be that the IRS is much more understanding when you're proactive about correcting the oversight and when all income was already properly reported. For those asking about mailing addresses, I called the IRS practitioner priority line (after a very long hold!) and confirmed that you should mail standalone Form 8938 submissions to the same processing center where you filed your original return. Include your SSN prominently on the cover letter and reference your already-filed return. One tip I learned from my tax preparer: if you're still within a reasonable timeframe of discovering the requirement (within a few months), emphasize in your reasonable cause letter that you acted "promptly upon discovery" rather than focusing on how late you are from the original deadline. The IRS seems to give more weight to your response time after becoming aware of the obligation. Thanks to everyone who shared their experiences - it's made this stressful situation much more manageable!

This is a really common source of confusion, and I think you're caught between two different schools of thought rather than right vs. wrong advice. Your original arrangement is legitimate, but let me add some clarity on what might be driving your new accountant's concerns. The self-rental arrangement you described is perfectly legal when done properly. You're right that if you rented from a third party, they wouldn't pay self-employment tax on that rental income either. The key requirements are: 1) formal written lease agreement, 2) fair market rent (get comparable property analysis), 3) consistent rent payments, and 4) proper separate accounting. However, your new accountant might be concerned about audit risk. The IRS does scrutinize related-party transactions more closely, especially with single-member LLCs. They want to ensure it's a legitimate business arrangement, not just tax manipulation. My suggestion: Ask your new accountant to be specific about their concerns. Are they worried about documentation gaps, audit risk, or do they fundamentally disagree with self-rental arrangements? If it's just about being conservative, you can decide whether the tax benefits outweigh the perceived risk. If they've identified actual compliance issues, those need to be addressed. Also consider getting a third opinion from a tax attorney or CPA who specializes in small business structures to break the tie between your two accountants.

I've been following this discussion and wanted to add something that might help clarify the situation. The confusion between your two accountants likely stems from different risk tolerance levels rather than one being definitively right or wrong. Your self-rental arrangement is indeed legitimate - it's called a "related party lease" and is specifically addressed in IRS regulations. The rental income goes on Schedule E (not subject to SE tax), while your LLC gets a business deduction for rent expense. This is standard practice for many small business owners. However, there are some nuances that might explain your new accountant's concerns: 1. **Documentation requirements are strict** - You need a formal lease with market-rate rent, consistent payments, and separate record-keeping 2. **Single-member LLC considerations** - If your LLC is disregarded for tax purposes, the IRS may scrutinize whether this creates any real economic substance 3. **Passive activity rules** - Depending on your level of participation, there could be limitations on deducting rental losses The key question to ask your new accountant: Are they concerned about the arrangement itself, or about how it's been implemented and documented? If it's the latter, those issues can usually be fixed. If they philosophically oppose self-rental arrangements, you might want that third opinion others have suggested. Your original accountant's advice wasn't wrong - they were likely optimizing for tax efficiency while staying within legal bounds.

6 Has anyone successfully filed an ERTC claim using the regular mail? Or is e-filing the only realistic option with this tight deadline? My tax software doesn't support the amended returns needed for ERTC and I'm freaking out a bit.

This deadline change is absolutely brutal for small firms like ours. I've been in practice for 15 years and I've never seen the IRS make such a dramatic deadline shift with so little notice. What's really frustrating is that many of my clients who legitimately qualify for ERTC are now going to miss out entirely because they don't have their documentation ready. The irony is that the IRS created this mess by not processing claims efficiently in the first place, and now they're punishing everyone - legitimate claimants included - to solve their fraud problem. I'm wondering if any professional organizations like AICPA are pushing back on this or if we're all just supposed to accept that tax season now starts in January. Has anyone heard of any advocacy efforts to at least get a brief extension for claims already in preparation?

Has anyone seen the 2024 updates to how LLC members are classified? There were some proposed regulations that would have changed the test for who qualifies as a limited partner for self-employment tax purposes, but I'm not sure if they were finalized.

Just want to add some clarity from my experience as a tax preparer - the confusion here is totally understandable because you're dealing with two different classification systems that use similar terminology but serve different purposes. Your LLC operating agreement designates you as "members" under state law. But when that LLC elects partnership taxation (which happens automatically with 2+ members), the IRS needs to categorize each member's role for self-employment tax purposes using the GP/LP framework from partnership law. The key test is simple: if you materially participate in the business (which includes management decisions, day-to-day operations, or working more than 500 hours annually), you're classified as a general partner equivalent for tax purposes. This means you'll pay self-employment tax on your share of ordinary business income. Since both you and your wife are active in managing the business, you should both be classified as general partners on your Form 1065 and Schedule K-1s. This won't affect your LLC liability protection at all - that's governed by state law, not federal tax classification. Your CPA needs this info because it determines how your self-employment taxes are calculated on Schedule SE of your personal returns.

Anyone actually know when this limitation expires? I thought it was set to end after 2025 but heard rumors Congress might extend it. Has anyone seen anything definitive about the future of Form 461?

The timing aspect that Brianna mentioned is really crucial and often overlooked. I've found that bunching expenses into non-loss years while accelerating income into loss years can significantly help manage the Form 461 limitation. One specific strategy that worked for me: if you're expecting a profitable year next year, consider deferring some December equipment purchases or repairs to January. Conversely, if you have any outstanding receivables or can accelerate some 2025 income into 2024 (when you're already hitting the loss limitation), that can help balance things out. Also worth noting - the limitation applies at the taxpayer level, not per business. So if you have multiple businesses, profitable ones can offset losses from others before you hit the threshold. This is where proper business structure planning really matters. The key is looking at this as a multi-year tax planning opportunity rather than just dealing with the current year limitation. It's frustrating, but with proper planning, you can minimize the cash flow impact of having deductions pushed to future years.