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I made a similar mistake on my 1120S last year and just want to add - don't forget about your state filings! If your state requires an S-Corp return, you'll likely need to amend those too. In my case, I had to file amended returns with both the IRS and my state tax department. Also, double-check your basis calculations after making these corrections. The shift from salary to distributions affects your basis differently, and having an accurate basis calculation is crucial if you ever need to take losses in the future.
Good point about the state filings. Do most tax software programs handle the amended state returns automatically if you're amending the federal, or is that typically a separate process?
Just went through a similar S-Corp amendment nightmare myself! A few additional thoughts based on my experience: When you file the amended 1120S, make sure to check the "Amended Return" box at the top and attach Form 1120X if your software generates one (some do, some don't). The explanation statement should be concise but clear - I used something like "Correcting officer compensation from $41,000 to actual amount paid of $36,000" for each line item. One thing that really helped me was keeping a detailed log of all the corrections I made and why. This came in handy when I got a letter from the IRS asking for clarification a few months later. Having everything documented made responding much easier. Also, since you're correcting both salary down and distributions up significantly, be prepared to explain the business reasons if asked. The IRS sometimes questions when they see compensation decreases paired with distribution increases, even in amendment situations. The good news is that being proactive about corrections usually works in your favor with the IRS. They appreciate taxpayers who catch and fix their own mistakes rather than waiting for an audit to discover them.
This is really helpful advice! I'm curious about the IRS letter you mentioned receiving - how long after filing your amendment did that come, and was it just a routine request for clarification or did it seem like they were suspicious about the changes? I'm trying to get a sense of what to expect timeline-wise after I submit my corrected return.
I received exactly $11,247 as a tax refund in 2023. My bank has a $10,000 daily limit for certain transactions. The refund deposited without any issues. It took exactly 2 business days to fully clear, but I could access $5,525 immediately. The remaining $5,722 was available after the hold period. Different banks have different policies, but government direct deposits usually have preferred processing.
I can understand your confusion - bank policies around deposit limits can be really unclear! From my experience, the $10k limit your bank initially mentioned is likely for cash deposits or certain types of transactions that trigger reporting requirements. Tax refunds are processed as ACH direct deposits from the Treasury, which typically fall under different (higher) limits. The customer service rep who told you about the $50k direct deposit limit sounds correct. I had a similar situation a few years ago with a large refund, and it went through without any issues. Since you're going through a divorce, I know every dollar counts right now. Your $10,500 refund should process normally, but if you're still worried, you could ask your bank to put a note on your account confirming they'll accept the Treasury deposit when it arrives.
That's really helpful advice about asking the bank to put a note on the account! I never would have thought of that. Going through a divorce myself and waiting on a refund can be so stressful - especially when you get conflicting information from the bank. It's reassuring to hear from someone who's been through a similar situation with a large refund. The Treasury ACH deposit explanation makes a lot of sense too. Thanks for sharing your experience!
Has anyone dealt with this situation but with an unmarried couple? My girlfriend and I bought a house last year (both names on mortgage and deed) but I pay 75% and she pays 25%. The 1098 has both our names. Are the rules the same for us as they are for married couples filing separately?
Unmarried co-owners actually have it more straightforward! You each report the deductions based on your economic interest - so your 75/25 split works perfectly. Just make sure you're both itemizing deductions, otherwise the suggestion from Comment 6 applies to you too - the person itemizing should take more of the deduction if the other is taking the standard deduction.
Just to add some additional context that might be helpful - when you're documenting your 60/40 split, make sure you keep records of not just the mortgage payments themselves, but also any related expenses like PMI (private mortgage insurance) if applicable. Those can also be split proportionally based on your contribution percentages. Also, don't forget about the SALT (State and Local Tax) deduction limit of $10,000 if you're itemizing. If your property taxes plus state income taxes exceed this limit, you'll want to strategically plan which spouse claims what portion to maximize your combined tax benefit. Sometimes it makes sense to have one spouse claim the full property tax deduction while the other takes more of the state income tax deduction, rather than splitting everything proportionally. Keep detailed records of all your payments and consider setting up a simple spreadsheet to track the percentages throughout the year - it'll make next year's filing much easier!
This is really helpful advice about the SALT limitation! I'm new to homeownership and hadn't even considered how the $10,000 cap might affect our strategy. We live in a high-tax state where our property taxes alone are $8,500, plus we both pay significant state income taxes. Could you clarify how we'd coordinate between us to stay under the cap while still splitting proportionally? Should we calculate our combined SALT exposure first and then figure out the optimal allocation, or is there a simpler approach? I want to make sure we're not leaving money on the table by not planning this correctly.
Maybe i'm missing something here but couldn't a candidate just say the legal issues WERE related to the campaign somehow? seems like there's a ton of gray area that would be easy to exploit. like who decides if legal fees are "personal" vs "campaign-related"??
That's exactly the issue in a lot of these cases! The FEC makes these determinations based on the "irrespective test" - would the expense exist irrespective of the campaign or officeholder duties? If yes, it's considered personal. For example, if the legal issue existed before someone became a candidate or would exist even if they weren't in office, it's generally considered personal. But you're right that candidates often try to argue everything is somehow related to their political position.
This is such a timely question given all the news coverage lately. What really complicates this is that the determination often comes down to timing and intent, which can be hard to prove either way. I've seen cases where candidates argued that legal fees were campaign-related because the allegations "affected their ability to campaign effectively" or because they stemmed from their "public profile as a candidate." The FEC and IRS have to evaluate each situation individually. One thing that's often overlooked is the reporting requirements. Even if there's debate about whether the expense was legitimate, failing to properly report potential personal use as income can create additional problems. It's often the cover-up that gets people in more trouble than the original questionable expense. For anyone dealing with this situation, documentation is key. Keep detailed records of what the legal issues relate to and when they originated relative to your political activities.
Ethan Davis
Been there, done that. My ex claimed our kid 2 yrs ago even tho kid lived w/ me 100% of the time. Tbh the IRS process is slower than molasses. Paper filed in Feb, didn't get resolution til Sept. Had to send bank stmts, school records, med docs, etc. The system is frustrating AF. One thing nobody mentioned - if you have a custody agreement that specifically addresses who claims the child for taxes, bring that too. If you don't have one, might be worth getting one to prevent this from happening again. My ex tried the same thing the next yr but I was ready w/ the court order that said it was my year to claim our kid.
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PrinceJoe
I'm going through this exact same situation right now with my 2023 return. Filed electronically in January and got the dependent SSN rejection. My ex claimed our daughter even though she's lived with me since our divorce was finalized in 2022. I followed the advice here and filed a paper return in February with all the documentation - school enrollment records showing my address, pediatrician records, daycare receipts, even grocery receipts to show I'm the one buying her food and clothes. Sent it certified mail and got confirmation the IRS received it on March 1st. Still waiting for any word back from them though. The uncertainty is killing me because I really need that refund - single parenting is expensive! Has anyone here gotten any updates on their timeline recently? I'm wondering if the processing times are longer this year due to backlogs. Also wondering if I should call them to check status or just wait it out. Don't want to bug them unnecessarily but also don't want my case to fall through the cracks somehow.
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