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I went through almost the exact same situation with my single-member LLC formed in August 2021. The advice here about not being able to backdate before your LLC formation date is absolutely correct - I learned this the hard way when I initially tried to elect S-corp status from January 1, 2021. What really helped me was getting organized with all my documentation first. Make sure you have your Articles of Organization showing the exact formation date, copies of all your previous tax filings, and any correspondence from the IRS. When you file Form 2553 with the effective date of 3/23/2021, you'll also want to include a detailed reasonable cause statement explaining why you're filing late. One thing I wish someone had told me earlier - keep detailed records of when you submit everything to the IRS. They can take months to process late S-corp elections, and having your submission confirmation helps if you need to follow up. Good luck with getting this sorted out!

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Mateo Silva

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I'm dealing with a very similar situation right now - formed my single-member LLC in February 2021 but never filed the S-corp election on time. After reading through all these responses, I'm feeling much more confident about how to handle this. The key takeaways that have been most helpful: 1) You definitely can't backdate the election before your LLC existed (so March 23, 2021 is your earliest possible effective date), 2) Rev. Proc. 2013-30 relief seems like your best path forward since you've been filing consistently as an S-corp, and 3) You need to act quickly since that 3 year + 75 day window is approaching fast. I'm planning to use the approach mentioned by Margot Quinn - filing Form 2553 with my LLC formation date as the effective date and including a detailed reasonable cause statement referencing Rev. Proc. 2013-30. The fact that you've been consistently treating your business as an S-corp and filing accordingly should work in your favor. One question for anyone who's been through this - did the IRS require any additional documentation beyond Form 2553 and the reasonable cause statement, or was that sufficient for approval?

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Yuki Yamamoto

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The Wisely early deposit feature is nothing compared to what traditional banks offer. Chase, BoA, and Wells Fargo all hold your money until the exact deposit date while Wisely releases it when they receive the notification. Last year my partner with a traditional bank got their refund on April 15th exactly while I had mine on Wisely April 13th. Your friend needs to check NOW though - the money is likely already there or will be within hours. This isn't some sketchy process - it's standard ACH handling.

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StarSurfer

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I've been using Wisely for my refunds for the past two years and can share some real experience here. When SBTPG shows "funded," you're basically in the home stretch - usually means 1-2 business days max before it hits your Wisely card. Last year my refund came 3 days early, this year it was 2 days early. The key thing to remember is that Wisely doesn't actually control the timing - they just release the funds as soon as they receive the ACH notification from SBTPG. So while they advertise "up to 4 days early," it's really dependent on when the IRS sends the money and how quickly SBTPG processes it. Tell your friend to keep checking his Wisely app - if SBTPG shows funded today, there's a good chance it'll be there tomorrow or the next day. The process is pretty reliable once you understand the flow.

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This is super helpful! I'm new to using Wisely for tax refunds and was getting worried about the timing. My SBTPG just switched to "funded" this morning and my official deposit date is April 26th. Based on what you're saying, I should probably see it by Friday or Monday at the latest? It's reassuring to know that once it shows funded, the money is basically on its way. I was starting to think something went wrong since this is my first time not using direct deposit to my regular bank.

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Received 1099-NEC Payout from Company Sale - IRS Demanding Self-Employment Tax (2022)

In 2022, I worked as a full-time W2 employee for a management company (let's call it AlphaCorp) that handled operations for another business (BetaCorp). Midway through the year, BetaCorp was acquired by a larger corporation, and I unexpectedly received a substantial one-time payment that was reported on a 1099-NEC form. I never worked directly for BetaCorp as an employee - just to be clear. When filing my 2022 taxes, I considered this payment to be a bonus related to the acquisition, not something I earned through self-employment. So I reported it as "other income" on my tax return rather than as self-employment income on Schedule C. Fast forward to now, and I've received a lovely notice from the IRS saying I owe self-employment tax on this amount, plus they're tacking on underpayment penalties and interest! The total comes to about $4,200 extra that they want me to pay. I'm pretty frustrated because this doesn't seem right to me. This questions are keeping me up at night: * Did I mess up by not treating this as self-employment income? * Is it normal for acquisition-related payouts to be subject to self-employment tax? * What options do I have to challenge the IRS's demands? Can I get on a payment plan or request penalty abatement? * Who should I talk to about this - a CPA, tax attorney, or someone else? I really need some solid advice here. Has anyone dealt with something similar or have insights to share? Thanks in advance for any help!

Owen Jenkins

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Dont forget about getting on a payment plan if you end up having to pay! The IRS fresh start program lets you set up monthly payments and sometimes they'll even reduce penalties. My brother owed like $7k and got on a plan for like $120/month. Just make sure to respond to the notice within the timeframe they give you or it gets worse.

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Lilah Brooks

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The Fresh Start program can be helpful, but it typically doesn't reduce the actual tax owed - just penalties in some cases. In a situation like this where the fundamental question is whether the income should be subject to self-employment tax at all, it makes sense to challenge the assessment first before setting up a payment plan.

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I had a very similar situation in 2021 with an acquisition payout that got me a 1099-NEC. What really helped my case was getting a letter from the acquiring company's HR department that explicitly stated the payment was a "transaction bonus" related to the sale, not compensation for services I provided to them directly. The IRS initially wanted about $3,800 in self-employment tax from me, but after I submitted documentation showing: 1) The payment was outlined in my original employment contract as a potential acquisition bonus 2) I never performed any work directly for the acquiring company 3) The payment was made weeks after the sale closed and my employment ended 4) It was a one-time event tied to the transaction, not ongoing compensation They reversed their position and reclassified it as "other income" not subject to SE tax. The key was having clear documentation that separated this payment from regular compensation. Your "stakeholder bonus" language sounds promising - definitely get a copy of your employment agreement and any communications about how this payment was structured. Also, if you can get something in writing from either company clarifying the nature of the payment, that would be gold for your case. Don't just pay without fighting this - acquisition bonuses are frequently misclassified on 1099 forms because payroll departments aren't always sure how to handle them.

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Andre Dubois

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This is incredibly helpful - thank you for sharing your experience! Your situation sounds almost identical to mine. I do have my original employment contract that mentions the stakeholder bonus, and like you said, the timing is key since my payment also came after the sale closed. Did you have to hire a tax professional to help with the documentation and response, or were you able to handle it yourself? I'm trying to figure out if I should invest in professional help upfront or try to gather the documentation first and see how strong my case looks. Also, how long did the whole process take from when you submitted your response to when they reversed their position? I'm worried about penalties and interest accumulating while this gets sorted out.

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I'm confused about something slightly different but related. If my ISOs were underwater when I exercised them (like yours), but then I hold them and they go up in value later, does that somehow trigger AMT retroactively? Or is AMT only based on the value at the exact time of exercise?

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AMT for ISOs is only based on the value at the exact time of exercise, not any future value changes. If they were underwater when you exercised, there's no AMT issue regardless of whether they later increase in value. When you eventually sell, you'll have regular capital gains calculations based on your purchase price (basis) and the sale price. But that's completely separate from AMT considerations, which are locked in at exercise time.

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You're absolutely right to be confused about this - the ISO/AMT rules are pretty complex! But the good news is that when your ISOs have a negative spread (exercise price higher than FMV), you don't need to worry about AMT at all for those specific exercises. The AMT adjustment for ISOs only applies when there's a positive "bargain element" - meaning you're getting shares worth more than what you paid. Since your shares were worth less than your exercise price when you exercised, there's no bargain element to report. You should definitely keep your Form 3921 for your records though, as you'll need it when you eventually sell the shares to calculate your capital gains/losses. Your cost basis will be whatever you actually paid (the exercise price), not the lower FMV at exercise time. So no Form 6251 needed for these underwater ISOs specifically, unless you have other AMT-triggering items in your tax situation!

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KylieRose

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This is super helpful, thank you! I was getting really stressed about potentially messing up my taxes. Just to double-check my understanding - even though I received the Form 3921 showing the negative spread, I literally don't need to do anything with it for AMT purposes this tax year? And when I do eventually sell (hopefully when the stock recovers!), I'll use the higher exercise price I actually paid as my basis, which might actually work out in my favor tax-wise if the sale price is somewhere between the old FMV and what I paid?

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Has anyone noticed if having tax fees taken out of your refund affects the timing? I'm wondering if that extra step with the tax preparer's bank might cause delays compared to people who paid their filing fees upfront.

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Zara Malik

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That's a really good point about the tax prep fees! When you have fees taken out of your refund, it goes through a third-party bank (usually Santa Barbara Tax Products Group or Republic Bank) first, and they deduct the fees before sending the remainder to your actual bank. This can definitely add 1-2 extra business days to the process. I learned this the hard way last year when my refund was delayed and I couldn't figure out why until my tax preparer explained the extra routing step.

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I'm with Brinks too and have a 3/15 DDD - still waiting as of this morning. Based on what I'm seeing here, it sounds like Brinks is pretty reliable about hitting the exact date rather than depositing early like some other banks. @Amina Bah, thanks for confirming you got yours today with the same DDD! That gives me confidence mine should hit soon. I'm curious though - for those who've used Brinks for multiple tax seasons, have you noticed any pattern with what time of day the deposits typically show up? Some banks seem to process these overnight while others do it during business hours.

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