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If you're in a real hurry and can't wait for transcripts, you might be able to use your final paystubs from those years. They usually have year-to-date totals that would match or be close to your W2 amounts. Not ideal, but in a pinch it works. When I filed late for 2019, I used my December paystub and the IRS didn't question it. Just make sure you note on your return that you're using reconstructed information based on paystubs since the employer isn't responding.
Is this actually legal though? I thought you had to use the exact W2 information or get official transcripts from the IRS.
It's absolutely legal to file with your best available information. The IRS would much rather have you file with reconstructed information than not file at all. You should make a good faith effort to get the correct documents first, but if that's not possible, you have to work with what you have. Just be sure to note on your return that you're using estimated information based on available records. The IRS can always correct it later if there are significant discrepancies, but at least you've fulfilled your filing obligation and stopped the failure-to-file penalties from growing.
One thing nobody mentioned - if you're due a refund for those years, you only have 3 years from the original due date to claim it. So for 2021, you have until April 2025 (since it was due April 2022). After that, you can still file but kiss any potential refund goodbye. If you owe money though, there's no time limit for the IRS to collect, and penalties and interest keep building. So definitely prioritize filing those past returns ASAP.
Are you sure about this? I thought the 3-year limit was from when you actually file, not the original due date. Is this different for different tax situations?
I'm 100% certain it's 3 years from the original due date, not from when you file. This is a common misconception. This is straight from the IRS: you must file your claim for a credit or refund within 3 years from the date you filed your original return or within 2 years from the date you paid the tax, whichever is later. So for a 2021 tax return that was due in April 2022, you have until April 2025 to claim any refund. After that, even if you were owed money, it becomes the property of the U.S. Treasury. The IRS is strict about this timeline and doesn't make exceptions. That's why filing sooner rather than later is so important, especially if you think you might be owed money!
Don't forget to consider state tax implications of the switch! Depending on your state, there can be significant differences in how S Corps vs C Corps are taxed at the state level. For example, in California, S Corps pay a 1.5% tax on net income (minimum $800), which is different from the C Corp rate. Some states don't recognize S Corps at all for state tax purposes!
This is such an important point. I'm in New York and was surprised to learn they have an additional tax for S corporations that I wasn't expecting. Always research your specific state requirements before making the switch.
The timing of when you make the conversion matters a lot. If your business has significant assets that have appreciated in value (like real estate, equipment, intellectual property), converting can trigger a tax on that appreciation. If your business is mainly service-based with minimal assets, this is less of a concern. But if you do have valuable assets, consider getting them properly valued before making any decisions.
Quick tip from someone who went through this exact scenario two years ago: gather proof of where you WERE during the time the IRS claims you were working at this company. I was a student too, and I provided: 1. My class schedule from that semester 2. My student ID swipe records showing I was on campus 3. My part-time job timesheets from the campus library 4. Bank statements showing regular withdrawals near campus (not near the supposed employer) The IRS attorney took one look at this package and realized it would be impossible for me to have worked full-time at the company in question. We settled before ever going to court. Also, call the SSA and request a wage and income transcript for that tax year. It might show who actually received the income (could be someone with a similar SSN to yours).
This is brilliant! I hadn't thought about proving where I actually was during that time. I can definitely get my class schedule, campus card swipes, and my work-study timesheets from the university admin office. Did you just compile all this into a packet? And did you send it to the IRS attorney directly or submit it through the Tax Court system?
I compiled everything into a single PDF with a cover page that had my name, tax ID (last 4 digits only), tax year, and case number. I included a simple timeline showing how my documented whereabouts made it impossible for me to have worked at the company in question. I actually did both - I submitted it formally through the Tax Court DAWSON system AND sent a courtesy copy directly to the IRS attorney once they were assigned to my case. The direct approach with the attorney was what moved things along quickly. They appreciate organized evidence that makes their job easier. When the IRS attorney contacts you (they will), be polite and professional but also very clear about your evidence. They're often reasonable people who don't want to waste court resources on cases they're likely to lose.
Just adding that I went through something like this and learned identity theft might be involved. Request an Identity Protection PIN from the IRS at https://www.irs.gov/identity-theft-fraud-scams/get-an-identity-protection-pin Also, check your credit report immediately. Someone might have used your SSN for employment and that could appear there. The company not existing anymore is actually common in these scams. Sometimes "companies" are created just to file fake W-2s and then disappear. Make sure you mention this suspicion in your court documents.
This happened to my roommate! He had a CP3219A for income from a "consulting company" that had dissolved. Turned out someone had used his SSN for employment. The red flag was that the company was in Nevada, but he'd never even been to Nevada. OP should definitely check if the company was in a location that doesn't make sense for a college student. That strengthens the identity theft argument.
Something nobody mentioned yet - check if your mom qualifies for a Medicare Savings Program through your state Medicaid office. My mother has limited income, and the QMB program pays her Medicare premiums, deductibles AND co-insurance. There are different levels depending on income and resources, but it's worth checking. Saved my mom over $2,500 a year.
Thanks for mentioning this! Do you know what the income limits are to qualify? My mom's on a tight budget but not sure if she'd be considered low-income enough for assistance.
The income limits vary by state since these are state-administered programs, but generally for the QMB program (most comprehensive one), income needs to be at or below 100% of the Federal Poverty Level, which is about $1,215/month for an individual in 2025. Assets typically need to be under $9,900 for an individual (excluding your primary home and car). There are other programs with higher income limits though. The SLMB program (which pays just the Part B premium) allows income up to 120% FPL, and the QI program allows up to 135% FPL. Definitely contact your state's Medicaid office or local SHIP (State Health Insurance Assistance Program) counselor - they provide free assistance with these applications.
My mom got so confused by all this that we ended up switching her to a Medicare Advantage plan with a $0 premium and $0 deductible. It's just simpler than trying to figure out all the separate parts of Original Medicare + supplements. Now she just pays her regular Part B premium and small copays when she sees doctors. Might be worth considering if all these different deductibles and premiums are too confusing.
Freya Larsen
Anybody know why there's such a big gap between when they "process" your return and when they actually send the money? Seems like once they approve it they could just send the refund immediately. Mine was processed on 2/9 but refund date shows 2/21...that's ridiculous.
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GalacticGladiator
ā¢They do this on purpose to earn interest on holding your money. My brother works for Treasury (not IRS) and says it's all about float time on billions of dollars.
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Omar Zaki
Pro tip: If you have the 846 code on your transcript with a specific date, that's your ACTUAL refund date. That's the date they send the payment to your bank. Then it usually takes 1-2 business days for your bank to post it. But the IRS doesn't always hit that exact date - sometimes it comes a day or two early. The processing date is different from the refund issued date.
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Chloe Taylor
ā¢I see a code 570 on mine. What does that mean? My tax guy says everything is fine but it's been 5 weeks...
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