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Ask the community...

  • DO post questions about your issues.
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  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Riya Sharma

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I'm a retired accountant and worked with several passive investment S-Corps over the years. Here's the practical reality: 1) Pure investment S-Corps are in a grey area for reasonable compensation requirements 2) What matters is substantiating that minimal to no actual services are being performed 3) Document through corporate minutes the passive nature and automation of investments 4) Consistency is key - if you claim it's passive, make sure your activities match that claim 5) Consider a minimal salary if you're doing ANY administrative work at all (even a few hours monthly) The real risk isn't necessarily audit (though that can happen) but potential reclassification of distributions which can trigger back taxes, penalties, and interest if they determine services were being performed.

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Would keeping a log of hours worked (which would be basically zero) help document this? I have a similar situation but with a small rental property in my S-Corp that basically runs itself through a property management company. I literally spend maybe 2-3 hours per YEAR on it.

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Riya Sharma

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Yes, a log of hours would be extremely helpful documentation. For your situation with just 2-3 hours annually, that's exactly the type of minimal involvement that supports a no/low salary position. I'd recommend documenting not just the hours but specifically what you do during those hours. Show that you're only making high-level oversight decisions while the property management company handles all the actual work. Include copies of your property management agreement in your corporate records to further substantiate your minimal involvement.

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Millie Long

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Has anyone considered the Schedule K basis implications? When you take distributions, you need sufficient basis, and different types of income affect basis differently. Treasury interest increases basis, but distributions reduce it. If distributions exceed basis, you could end up with taxable gain. Also, watch out for the accumulated earnings tax if you've been accumulating excessive cash without a business purpose - though S-Corps usually avoid this since income passes through anyway. My accountant recommended documenting a specific business purpose for holding the cash (like future investments) and then documenting the reason for distributions now (change in investment strategy, etc.).

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KaiEsmeralda

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The accumulated earnings tax doesn't apply to S-Corps, only C-Corps. S-Corps are pass-through entities where income is taxed to shareholders regardless of whether it's distributed. The penalty you're probably thinking of is for personal holding companies, which is different.

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NebulaNova

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Quick tip from someone who's been through this - if you have your last paystub of the year, it usually has your year-to-date info which is basically what goes on your W2! Most restaurants use standard payroll systems that calculate this automatically. Might be worth checking if you have that last stub somewhere.

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That's a great point! I don't think I saved my last paystub, but now I'm going to check my email to see if they sent electronic copies. I vaguely remember getting emails when a new paystub was available, but I usually just checked the deposit amount. If I can find that last one from December it would solve everything! Thanks for the suggestion!

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NebulaNova

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Happy to help! Even if you can't find the December one, any paystub from late in your employment might be useful since it would have the year-to-date totals up to that point. You could then estimate the additional earnings for your remaining time there. And don't forget to check your spam folder - payroll emails often end up there.

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Has anyone here ever had the IRS penalize them for filing with Form 4852 instead of a W2? I'm worried my refund will get flagged or delayed if I go this route. My old employer is being difficult about sending my W2 and I need to file soon.

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Paolo Conti

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I had to use Form 4852 two years ago and had zero issues. The IRS actually processes these pretty routinely. As long as your estimates are reasonable and you document your attempts to get the W2, you should be fine. My refund wasn't delayed at all. The employers are the ones who typically get in trouble, not you.

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Harper Hill

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One thing nobody mentioned yet is estimated tax payments for self-employment or investment income. If you've had a good year with extra income, you might need to make a Q4 estimated payment by January 15th to avoid penalties. This isn't technically a "tax reduction" strategy but can save you money in penalties!

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Caden Nguyen

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Good point! I got hit with a penalty last year because I didn't realize this. Is there any kind of safe harbor rule that helps avoid the penalty even if you owe a lot?

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Avery Flores

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If you have kids, look into contributing to a 529 college savings plan before year end. Many states offer tax deductions for contributions. Also, review any medical procedures you might need - sometimes it makes sense to bunch them in December if you're close to exceeding the medical expense deduction threshold (which is 7.5% of your AGI).

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Aiden Chen

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Something nobody's mentioned yet - make sure your mom doesn't claim herself as independent on her own tax return if she files one for her part-time job. You'll both get flagged if she claims herself and you also claim her as a dependent.

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Zoey Bianchi

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This! My brother and I got audited because my mom filed her own taxes claiming herself while my brother also claimed her. What a nightmare that was to sort out.

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One other thing I learned when claiming my parent - if your mom has medical expenses that you pay, you can include those when you itemize deductions on your return. Helped me get above the standard deduction threshold last year and saved some money.

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Sean Doyle

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Have you tried looking into tax attorneys who offer consultation services? I had a similar situation last year when I was starting a small business but wanted to handle the ongoing tax work myself. I found a tax attorney who charged me for a 2-hour consultation where I brought all my questions. She answered everything, gave me some resources to reference, and didn't try to sell me on recurring services. It wasn't cheap (about $400 for the session), but the advice saved me probably thousands in potential mistakes.

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Ravi Gupta

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That's an interesting approach. Did you just search for "tax attorney consultation" or how did you find someone willing to do this?

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Sean Doyle

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I actually found her through my state's bar association website. They have a referral service where you can search for attorneys by specialty and many list whether they offer consultation services. I called a few and specifically asked about a one-time paid consultation. A good approach is to be very clear upfront about what you want - I literally said "I'm looking for a one-time paid consultation to get answers to specific tax questions as I'll be handling my own filing." Some weren't interested, but others were perfectly happy with this arrangement.

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Zara Rashid

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Don't overlook the free resources! I know you said you're willing to pay, but I've had great experiences with VITA (Volunteer Income Tax Assistance) volunteers. If your income is under $60k, they offer free tax help. Even if you don't qualify for their free filing help, many of the volunteers are really knowledgeable and can answer questions. The same goes for Tax-Aide from AARP - they focus on seniors but often help others too.

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Luca Romano

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Can confirm this! I volunteered with VITA for 3 years and we regularly had people come in just to ask questions about their tax situation. As long as it's not during the busiest parts of tax season, most volunteers are happy to help even if you're not having them prepare your return.

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