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CmdrRiker
Apr 8, 2016

You dismally untalented little creep!

I just filed my 2019 taxes and I have a question about the specifics of resident/nonresident state taxes for 2020. I moved to a new state and spend the majority of my residency there, but still consider my previous state address my "home" including setting that address on my IRS tax information, receive mail there, have a valid license with that address, and still visit that state for periods of time. (I'm separated but still legally married, and my spouse lives at the aforementioned address.) Can I still consider my previous state to be my "resident state" and file my new state as a nonresident state?

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Mr.Radar
Nov 5, 2005

You guys aren't going to believe this, but that guy is our games teacher.
I mailed in my tax forms at the beginning of March (to the California processing center) and the IRS still hasn't processed them (I haven't received my refund and the site to check my return status says they haven't received anything from me yet). Is their mail-in processing that backed up? Or should I assume my tax forms get lost in the mail somewhere and I need to send them in again? Should I request an extension?

Epitope
Nov 27, 2006

Grimey Drawer

CmdrRiker posted:

I just filed my 2019 taxes and I have a question about the specifics of resident/nonresident state taxes for 2020. I moved to a new state and spend the majority of my residency there, but still consider my previous state address my "home" including setting that address on my IRS tax information, receive mail there, have a valid license with that address, and still visit that state for periods of time. (I'm separated but still legally married, and my spouse lives at the aforementioned address.) Can I still consider my previous state to be my "resident state" and file my new state as a nonresident state?

This is probably going to depend on which states, and the details of your actions. There are specific ways to maintain residency, or terminate residency. The specifics are also different between agencies, e.g. hunting licenses may require you to live there a full year vs drivers licenses you can change a lot sooner. Taxes probably has its own set of rules on residency. As a starting point, google [your state] department of revenue, residency.

H110Hawk
Dec 28, 2006
Welp. My tax guy wasn't sure what to do with my ESPP basis but somehow he thought I owed an impossible amount of money. Took a swag at it and paid the piper. Guess who is in the market for a new tax person, and apparently has to amend 2018 too? :suicide:

MadDogMike
Apr 9, 2008

Cute but fanged

Epitope posted:

This is probably going to depend on which states, and the details of your actions. There are specific ways to maintain residency, or terminate residency. The specifics are also different between agencies, e.g. hunting licenses may require you to live there a full year vs drivers licenses you can change a lot sooner. Taxes probably has its own set of rules on residency. As a starting point, google [your state] department of revenue, residency.

"Domiciled" might actually be the better word to check for, if memory serves most states judge residency for tax purposes by that. A lot of times it does boil down to "where are you doing the actual work earning the income in question" though, but check the state rules for specifics.

Mr.Radar posted:

I mailed in my tax forms at the beginning of March (to the California processing center) and the IRS still hasn't processed them (I haven't received my refund and the site to check my return status says they haven't received anything from me yet). Is their mail-in processing that backed up? Or should I assume my tax forms get lost in the mail somewhere and I need to send them in again? Should I request an extension?

They aren't showing as received at Where's My Refund? Might be worth sending them in again then (maybe include a note explaining the situation). Don't worry about an extension if it's a refund though, no penalty for being late on that.

Also, way too drat many people in for the last day (which naturally is my first back at the office). Couldn't help but figure given it's coming up at the end of the month it'll just be about the right time for me to receive Covid symptoms for my birthday :sigh:.

MadDogMike fucked around with this message at 00:59 on Jul 16, 2020

Motronic
Nov 6, 2009
Probation
Can't post for 9 hours!

H110Hawk posted:

Welp. My tax guy wasn't sure what to do with my ESPP basis but somehow he thought I owed an impossible amount of money. Took a swag at it and paid the piper. Guess who is in the market for a new tax person, and apparently has to amend 2018 too? :suicide:

loving typical. They put in company brokerage account poo poo that's already on your W2.

Yeah, this is a person who needs to go back to HR Block.

MadDogMike
Apr 9, 2008

Cute but fanged

Motronic posted:

loving typical. They put in company brokerage account poo poo that's already on your W2.

Yeah, this is a person who needs to go back to HR Block.

Hey, don't send tax preparer errors my way, I just started back in the "clean up mistakes" part of the off-season, I don't need more work!

H110Hawk
Dec 28, 2006

Motronic posted:

loving typical. They put in company brokerage account poo poo that's already on your W2.

Yeah, this is a person who needs to go back to HR Block.

Yup. "strange it's off by that amount on my w-2 that says espp dd think that's it?" <blank stare>

Mr.Radar
Nov 5, 2005

You guys aren't going to believe this, but that guy is our games teacher.

MadDogMike posted:

They aren't showing as received at Where's My Refund? Might be worth sending them in again then (maybe include a note explaining the situation). Don't worry about an extension if it's a refund though, no penalty for being late on that.

No, it's not showing up at all on Where's My Refund. I checked r/personalfinance and I'm not the only one with issues, people who sent their returns in in February were saying they've only been processed in the past few weeks, so it might just be that they're extremely backlogged. I'll wait another month and if it still hasn't been processed I'll mail it in again. Thanks :)

Small White Dragon
Nov 23, 2007

No relation.

Mr.Radar posted:

I mailed in my tax forms at the beginning of March (to the California processing center) and the IRS still hasn't processed them (I haven't received my refund and the site to check my return status says they haven't received anything from me yet). Is their mail-in processing that backed up? Or should I assume my tax forms get lost in the mail somewhere and I need to send them in again? Should I request an extension?

Supposedly there's still a huge pile of unopened returns.

And they still haven't processed a lot of electronically filed returns either. :eng99:

Peyote Panda
Mar 10, 2019

Mr.Radar posted:

I mailed in my tax forms at the beginning of March (to the California processing center) and the IRS still hasn't processed them (I haven't received my refund and the site to check my return status says they haven't received anything from me yet). Is their mail-in processing that backed up? Or should I assume my tax forms get lost in the mail somewhere and I need to send them in again? Should I request an extension?
I'm one of the lucky schmucks that answers phones at the IRS and yeah, it's that backed up. The processing centers shut down in mid-March and they're still not fully reopened. Our current guidance is that generally speaking you're looking at normal processing timeframes restarting on August 1st. For example if you mailed in a return it's normally a 6-week processing timeframe so you're looking at it finishing processing around mid September (6 weeks from 8/1/2020) assuming no other issues arise. Hopefully you'll see it update on Where's My Refund to at least show it's in processing sooner than that.

We're also generally advising people not submit a second copy since that can lead to further delays as the processing center stops everything to get it sorted out and and sometimes sends you a letter asking for an explanation before they move forward.

Small White Dragon
Nov 23, 2007

No relation.

Peyote Panda posted:

I'm one of the lucky schmucks that answers phones at the IRS and yeah, it's that backed up. The processing centers shut down in mid-March and they're still not fully reopened. Our current guidance is that generally speaking you're looking at normal processing timeframes restarting on August 1st. For example if you mailed in a return it's normally a 6-week processing timeframe so you're looking at it finishing processing around mid September (6 weeks from 8/1/2020) assuming no other issues arise. Hopefully you'll see it update on Where's My Refund to at least show it's in processing sooner than that.

Does that timeline apply to e-returns as well? A lot of folks close to me who've e-filed in the past few months got their state returns promptly but the IRS website just says "We've received your return and are processing it."

Peyote Panda
Mar 10, 2019

Small White Dragon posted:

Does that timeline apply to e-returns as well? A lot of folks close to me who've e-filed in the past few months got their state returns promptly but the IRS website just says "We've received your return and are processing it."
E-filed returns should be processing normally for the most part (3-week timeframe) unless they hit a snag that requires manual intervention such as a missing or incomplete form or the return getting selected for income verification (which happens a lot if an employer filed an incorrect W2 or didn't get one filed at all - the system can't match up what we have on file with what was submitted on the return) so a live person has to look into it. Then the timeline becomes longer and more uncertain.

For example, the latest guidance we've gotten regarding ERS (the system that usually handles the incomplete/missing forms/information issues) is that it'll probably be end of September/mid-October before they're even caught up with the back log. I feel bad for the callers because in a fair number of those cases it's either not clear what's missing at this stage from the limited information the phone customer service reps can see so I can't even say "Fill this in and send it to us so we can put it in the queue." In other cases, the letter detailing the needed forms went out before the shutdown and they've sent in the requested information but there's no way to verify at this time if we got it and it's sitting in a pile somewhere or if we never received it. And they've been holding on the line for an hour or two at that point to get the equivalent of :shrug:

And God help anyone whose return had to go to Exam. We haven't heard when that department will be open again much less moving forward with case processing.

I also have a sinking feeling - hopefully misplaced - that even the extended timeframes we've currently been given are going to turn out to be overly optimistic given that major processing centers like Fresno and Austin are in current COVID hotspots. I've already heard of at least one incident of a building at one of the processing campuses being opened only to have to be closed for a deep cleaning after workers there came down with the roni and this was over a month ago when we weren't going into Wave 2: Electric Boogaloo.

sullat
Jan 9, 2012
Pressing F to pay respects to a call center goon. Hang in there! You working from home or are they making you go back to the office?

Peyote Panda
Mar 10, 2019

sullat posted:

Pressing F to pay respects to a call center goon. Hang in there! You working from home or are they making you go back to the office?
Most of the call center people are teleworking now. The IRS was slow-rolling that out back when it was just a convenience for the employees but once it became essential to us getting any work done it got cranked out in a hurry (relatively speaking, I still got to chill for two months of fully-paid safety leave before they got around to giving us the necessary equipment to work from home).

The few call site reps who don't have the capacity for telework are being called in to the office but the numbers of people on site will hopefully be low enough to maintain easy social distancing. And with the telework stuff rolled out the phones should still remain operational now even if the processing centers fall back into hellworld.

Badger of Basra
Jul 26, 2007

I’m one of those people who got a coronabux payment for a dead relative, so I followed the instructions on the IRS website and sent them a check for the same amount to return it.

That was 2+ months ago and the money still has not been withdrawn from my account. Should I assume they never got it, or that they still have it but because of everything else going on just haven’t deposited it? I’m afraid to cancel a check on the IRS.

secret volcano lair
Oct 23, 2005

My mom died last year. My brother and I are 50-50 beneficiaries on her estate. We are currently selling the house (in the name of the estate) and will then split the funds. The estate was far too small to require an estate tax return.

Because the real estate market went weirdly hot, the house is under contract for more than we expected. I'm now wondering if we will owe tax due to appreciation.

We didn't get an appraisal done at the time of my mom's death... wasn't really the first thing on our mind at the time... so I have no idea how we'd even get a number for what our step-up basis for the house was.

Who do I even go to for advice on this?

H110Hawk
Dec 28, 2006

secret volcano lair posted:

My mom died last year. My brother and I are 50-50 beneficiaries on her estate. We are currently selling the house (in the name of the estate) and will then split the funds. The estate was far too small to require an estate tax return.

Because the real estate market went weirdly hot, the house is under contract for more than we expected. I'm now wondering if we will owe tax due to appreciation.

We didn't get an appraisal done at the time of my mom's death... wasn't really the first thing on our mind at the time... so I have no idea how we'd even get a number for what our step-up basis for the house was.

Who do I even go to for advice on this?

Whomever is handling the probate on the estate. Was the house in a trust?

You don't owe anything federally as far as I know. The estate is incurring the gain, not you.

secret volcano lair
Oct 23, 2005

H110Hawk posted:

Whomever is handling the probate on the estate. Was the house in a trust?

You don't owe anything federally as far as I know. The estate is incurring the gain, not you.

The house was just in my mom's name & currently in the estate's name. Executor is a relative in a different time zone. We've been dealing with most of the details in practice.

The relative had a local estate lawyer help her open probate / get appointed by the court, but has since just been handling things on her own. She's uncertain about this issue as well. I guess we should strongly encourage her to get back in contact with the lawyer.

H110Hawk
Dec 28, 2006

secret volcano lair posted:

get back in contact with the lawyer.

That is the answer.

Peyote Panda
Mar 10, 2019

Badger of Basra posted:

I’m one of those people who got a coronabux payment for a dead relative, so I followed the instructions on the IRS website and sent them a check for the same amount to return it.

That was 2+ months ago and the money still has not been withdrawn from my account. Should I assume they never got it, or that they still have it but because of everything else going on just haven’t deposited it? I’m afraid to cancel a check on the IRS.
It's entirely possible that they got it but haven't processed it yet. There are some offices that won't even start looking at their mail backlog until August 3rd. I'd suggest waiting until the end of August and if the payment hasn't come out by then, then give the IRS a call.

If you do need to call then you'll need someone who is either a court-certified representative of the estate or a power of attorney assigned after death by said rep to get account information (such as looking into the account for potential payment info). If you have someone in either of those categories but they haven't filed the necessary forms with the IRS (such as a form 56 for the estate representative/administrator), they'll want to call while they're at a fax machine so they can fax the over the necessary forms to whomever is assisting them on the phone to verify their legal authorization for account information. Unfortunately, we don't take emailed documents though you can eefax if that's an option for you. Check out form 56 and publication 559 on irs.gov if you need more info about this.

If you ultimately end up needing to cancel the original check and send in a new one later, don't worry about the IRS. A voided check (or electronic payment that is cancelled or had a stop payment placed on it, for that matter) usually doesn't cause any penalties, you only get charged with a Bad Check Penalty if a payment doesn't go through due to insufficient funds. Kind of like the old ISF joke goes, we only charge you a fee when we know you don't have the money.

Strong Sauce
Jul 2, 2003

You know I am not really your father.





Hi.. not sure if this is the right place to post this but since a lot of knowledgeable people look in here I thought I'd post it here.. if it should go in another thread would be grateful to be redirected.

Basically for the past 10+ years or so the US DoT has been sending me a tax refund check. However the name of the person it's addressed to is my sister. I am pretty sure that someone at a credit bureau or the IRS itself mixed up me and my sister's SSN so now I have a check for my refund that's in her name. I am pretty sure I could just cash the check since it is technically mine and the SSN goes to my name, but on the envelope it has the foreboding words, "Forgery of endorsements on Treasury checks is a Federal Crime / $10K fine & 10 years"

What's the easiest way to clear this up? Not only to get the check in my name but to also get my SSN cleared up? I remember calling the IRS ~5 years ago about it but they made it seem like an arduous process. Is it better to get a lawyer to do this?

Thanks.

sullat
Jan 9, 2012
Let me get this straight. You have a refund check for $$$. It is made out to Strong Saucette (your sister). But you think that the money that the refund represents is your refund? First off, a bank isn't going to let you cash a Treasury check made out to your sister. So if you want the money, you'll need to call up the IRS to get the check reissued in your name. As far as how to do that or what to do, yeah, it will be a pain. More so for the person you're talking to than you, however. There are a number of things that might be wrong, so as far as precisely what they will nee to do, I haven't the foggiest. You wouldn't happen to be twins, would you?

e: a lawyer won't be able to help you on this. Or at least, they could if you signed the right papers, but they'd just be sitting on the phone on hold on your behalf instead of actually doing anything lawyerly.

H110Hawk
Dec 28, 2006
Have you asked your sister? What does she say? Is she dead? Does it match the refund amount to the penny on your return or her return?

dreesemonkey
May 14, 2008
Pillbug
This may be a question larger than the tax thread, but this seems like the logical place for it. I need help.

tl;dr - I'm going to be a self-employed 1099 contractor next year working full time from home. It's not related to my current employment, which will end at the end of the year. I'm not sure how I should structure my "business" (sole proprietor, single person LLC, s-corp) and I need help understanding for my specific situation.

More details:
Yesterday I talked with a CPA. Her explanation to me was an s-corp can be tax advantaged in the event you don't "need" all of your 1099 income as you'd only need to pay "half" of the income taxes (payroll side, not individual side or whatever). So now that I thought about it a bit more, I'm not sure how well this fits my particular case.

Without getting into all the details, I'm going to work with family in their business. Their preference is to have me be 1099 so they don't have to worry about all the payroll blah blah blah, it's currently a 2 person company. I'm not worried about them taking advantage of me, it will be a very flexible position and I'll be well compensated (salary as well as bonus). My wife will be able to get the health insurance though her job, etc. It sounds like the only downside of this situation is just setting aside 35-40% of earnings, having the tax prep, having to pay quarterly taxes, etc.

Since I'll be basically "an employee doing a job", my expenses will be very minimal outside of things like I may buy a laptop, random home-office expenses, minimal travel (mileage), etc. The arugument the CPA made of saving taxes with an s-corp if you don't need all of your 1099 income as salary doesn't necessarily resonate with me all that much because what the hell is the "business" going to spend money on (and thus saving part of the income tax)? For the most part I'd imagine the bulk of what "my business" makes is going to end up as salary/bonus to myself at some point in time, which I'd still ultimately be paying that other side of the tax on anyway.

I know I'm probably misunderstanding something since this is all brand new to me, but I just don't really understand what the "business" would do with that money that may just be sitting around.

Konstantin
Jun 20, 2005
And the Lord said, "Look, they are one people, and they have all one language; and this is only the beginning of what they will do; nothing that they propose to do will now be impossible for them.
I would absolutely insist on getting paid as a W2 employee. Even if you trust them absolutely, this is a massive red flag, if they can't handle the modest bookkeeping requirements associated with paying you properly, and they are too cheap to pay someone to do it for them, then are they really people you want to depend on for your paycheck? Either they are trying to screw you or they have no idea what they are doing, either way you should run.

Strong Sauce
Jul 2, 2003

You know I am not really your father.





sullat posted:

Let me get this straight. You have a refund check for $$$. It is made out to Strong Saucette (your sister). But you think that the money that the refund represents is your refund? First off, a bank isn't going to let you cash a Treasury check made out to your sister. So if you want the money, you'll need to call up the IRS to get the check reissued in your name. As far as how to do that or what to do, yeah, it will be a pain. More so for the person you're talking to than you, however. There are a number of things that might be wrong, so as far as precisely what they will nee to do, I haven't the foggiest. You wouldn't happen to be twins, would you?

e: a lawyer won't be able to help you on this. Or at least, they could if you signed the right papers, but they'd just be sitting on the phone on hold on your behalf instead of actually doing anything lawyerly.

H110Hawk posted:

Have you asked your sister? What does she say? Is she dead? Does it match the refund amount to the penny on your return or her return?
There's no mistaking who the money belongs to, the money is from my tax refund because when this issue first popped up they initially sent the check for me with my sister's name but with my SSN (and also the refund amount is what I was suppose to get). I don't want to go into further details about the names but our legal names are not English names, they are romanized names where the difference between our names is two letters. And no it's not the last two letters of the name. My sister knows about the situation.

H110Hawk
Dec 28, 2006

Strong Sauce posted:

There's no mistaking who the money belongs to, the money is from my tax refund because the refund amount is what I was suppose to get.

I don't work for the IRS, but this seems like the most likely factor here, not the name/ssn stuff.

dreesemonkey posted:

Yesterday I talked with a CPA. Her explanation to me was an s-corp can be tax advantaged in the event you don't "need" all of your 1099 income as you'd only need to pay "half" of the income taxes (payroll side, not individual side or whatever). So now that I thought about it a bit more, I'm not sure how well this fits my particular case.

Since I'll be basically "an employee doing a job", my expenses will be very minimal outside of things like I may buy a laptop, random home-office expenses, minimal travel (mileage), etc. The arugument the CPA made of saving taxes with an s-corp if you don't need all of your 1099 income as salary doesn't necessarily resonate with me all that much because what the hell is the "business" going to spend money on (and thus saving part of the income tax)? For the most part I'd imagine the bulk of what "my business" makes is going to end up as salary/bonus to myself at some point in time, which I'd still ultimately be paying that other side of the tax on anyway.

Ask your CPA. Is this because you can do things like a solo 401k? Or hold it for a year and pay youreslf a dividend? or ... ? Otherwise if they're going to make you go through hassle of being 1099 then you need to make sure you charge them an appropriate premium (employer payroll taxes, accounting costs, etc.)

sullat
Jan 9, 2012

Strong Sauce posted:

There's no mistaking who the money belongs to, the money is from my tax refund because when this issue first popped up they initially sent the check for me with my sister's name but with my SSN (and also the refund amount is what I was suppose to get). I don't want to go into further details about the names but our legal names are not English names, they are romanized names where the difference between our names is two letters. And no it's not the last two letters of the name. My sister knows about the situation.

Yeah, then this is a matter of sorting out the bureaucratic mistake and you'll just need to bite the bullet and call the IRS to get the refund moved over to your SSN/Name combo.

Epi Lepi
Oct 29, 2009

You can hear the voice
Telling you to Love
It's the voice of MK Ultra
And you're doing what it wants

Strong Sauce posted:

Hi.. not sure if this is the right place to post this but since a lot of knowledgeable people look in here I thought I'd post it here.. if it should go in another thread would be grateful to be redirected.

Basically for the past 10+ years or so the US DoT has been sending me a tax refund check. However the name of the person it's addressed to is my sister. I am pretty sure that someone at a credit bureau or the IRS itself mixed up me and my sister's SSN so now I have a check for my refund that's in her name. I am pretty sure I could just cash the check since it is technically mine and the SSN goes to my name, but on the envelope it has the foreboding words, "Forgery of endorsements on Treasury checks is a Federal Crime / $10K fine & 10 years"

What's the easiest way to clear this up? Not only to get the check in my name but to also get my SSN cleared up? I remember calling the IRS ~5 years ago about it but they made it seem like an arduous process. Is it better to get a lawyer to do this?

Thanks.

Are you saying you never cashed your old checks? Cause you're hosed on most of those, checks expire after some number of months that I forget and the IRS says gently caress you if you want money from before 3 years ago.

If that's the case you should have sacked up and did the work.

As for helpful advice, do you know for sure that your social security cards are correct? I would contact the social security administration and start there because the IRS just uses the SS database.

Discendo Vox
Mar 21, 2013

We don't need to have that dialogue because it's obvious, trivial, and has already been had a thousand times.
Speaking unofficially, do check the social security database, but there is also a wide, beautiful spectrum of ways that the IRS's desperately underfunded, ancient, manually populated databases can mangle names.

The good news is I think that at least confirming the problem can be done pretty quickly at a service center, or maybe by phone, once things open up again. This sort of thing happens often.

Strong Sauce
Jul 2, 2003

You know I am not really your father.





Epi Lepi posted:

Are you saying you never cashed your old checks? Cause you're hosed on most of those, checks expire after some number of months that I forget and the IRS says gently caress you if you want money from before 3 years ago.

If that's the case you should have sacked up and did the work.

As for helpful advice, do you know for sure that your social security cards are correct? I would contact the social security administration and start there because the IRS just uses the SS database.


Discendo Vox posted:

Speaking unofficially, do check the social security database, but there is also a wide, beautiful spectrum of ways that the IRS's desperately underfunded, ancient, manually populated databases can mangle names.

The good news is I think that at least confirming the problem can be done pretty quickly at a service center, or maybe by phone, once things open up again. This sort of thing happens often.

no, they keep sending me a new check for the same refund i've never cashed since like ~2009.

i honestly did not know there was something like a social security database. seems like something our government would not have since that seems like it would help people... so of course i go on there right now and somehow a database is offline during non business hours...

yup sounds like a government owned website.

i'll check it tomorrow i guess.

Admiral101
Feb 20, 2006
RMU: Where using the internet is like living in 1995.

dreesemonkey posted:

This may be a question larger than the tax thread, but this seems like the logical place for it. I need help.

tl;dr - I'm going to be a self-employed 1099 contractor next year working full time from home. It's not related to my current employment, which will end at the end of the year. I'm not sure how I should structure my "business" (sole proprietor, single person LLC, s-corp) and I need help understanding for my specific situation.

More details:
Yesterday I talked with a CPA. Her explanation to me was an s-corp can be tax advantaged in the event you don't "need" all of your 1099 income as you'd only need to pay "half" of the income taxes (payroll side, not individual side or whatever). So now that I thought about it a bit more, I'm not sure how well this fits my particular case.

Without getting into all the details, I'm going to work with family in their business. Their preference is to have me be 1099 so they don't have to worry about all the payroll blah blah blah, it's currently a 2 person company. I'm not worried about them taking advantage of me, it will be a very flexible position and I'll be well compensated (salary as well as bonus). My wife will be able to get the health insurance though her job, etc. It sounds like the only downside of this situation is just setting aside 35-40% of earnings, having the tax prep, having to pay quarterly taxes, etc.

Since I'll be basically "an employee doing a job", my expenses will be very minimal outside of things like I may buy a laptop, random home-office expenses, minimal travel (mileage), etc. The arugument the CPA made of saving taxes with an s-corp if you don't need all of your 1099 income as salary doesn't necessarily resonate with me all that much because what the hell is the "business" going to spend money on (and thus saving part of the income tax)? For the most part I'd imagine the bulk of what "my business" makes is going to end up as salary/bonus to myself at some point in time, which I'd still ultimately be paying that other side of the tax on anyway.

I know I'm probably misunderstanding something since this is all brand new to me, but I just don't really understand what the "business" would do with that money that may just be sitting around.

They are advising you to setup an s-corporation to save on payroll taxes. You owe Medicare/SS taxes on wages and self employment income. Forming and running the earnings through a s-corporation makes your earnings not meet the definition of self employment income, and therefore not subject to these payroll taxes. As an owner of the s-corporation, you would need to take some salary from the s-corporation, paying payroll taxes, but presumably not all of it (ie: if you received 100k of 1099 income, your s-corp could presumably pay you 80k on a W-2 and 20k as a distribution - with the 20k distribution not being subject to payroll taxes).

With that said, I generally don't recommend s-corporations to taxpayers with your facts. The IRS takes a dim view of lightly capitalized s-corporations with only a single employee. A more detailed discussion of this issue is here: https://www.forbes.com/sites/brianthompson1/2019/02/17/should-i-have-a-single-person-s-corporation/#3546c3ea6c05

Single person LLC is probably the way to go for you. As a bonus you could also participate in a SEP IRA, which you couldn't in a s-corp format.

Make sense? Hope the above helps.

edit: and the above doesn't consider all the additional bookkeeping and compliance expenses you would have in order to maintain a s-corporation.

Admiral101 fucked around with this message at 11:24 on Jul 29, 2020

Tortilla Maker
Dec 13, 2005
Un Desmadre A Toda Madre
I don't know the industry lingo so I'm not sure how to best start my search, but how can I go about finding accounting/auditing firms that specialize in small business / corporate finances? Basically, if a business co-owner wants a neutral, third-party to take a look the company books/finances kept and maintained by the other owners.

Edit: Just saw the Accountant megathread. I'll post this there.

sullat
Jan 9, 2012

Strong Sauce posted:

no, they keep sending me a new check for the same refund i've never cashed since like ~2009.

i honestly did not know there was something like a social security database. seems like something our government would not have since that seems like it would help people... so of course i go on there right now and somehow a database is offline during non business hours...

yup sounds like a government owned website.

i'll check it tomorrow i guess.

Yeah the IRS computers are nothing if not insistent. If they think they owe you a refund they will keep sending you the check like clockwork every 15 months or so.

dreesemonkey
May 14, 2008
Pillbug

Admiral101 posted:

They are advising you to setup an s-corporation to save on payroll taxes. You owe Medicare/SS taxes on wages and self employment income. Forming and running the earnings through a s-corporation makes your earnings not meet the definition of self employment income, and therefore not subject to these payroll taxes. As an owner of the s-corporation, you would need to take some salary from the s-corporation, paying payroll taxes, but presumably not all of it (ie: if you received 100k of 1099 income, your s-corp could presumably pay you 80k on a W-2 and 20k as a distribution - with the 20k distribution not being subject to payroll taxes).

With that said, I generally don't recommend s-corporations to taxpayers with your facts. The IRS takes a dim view of lightly capitalized s-corporations with only a single employee. A more detailed discussion of this issue is here: https://www.forbes.com/sites/brianthompson1/2019/02/17/should-i-have-a-single-person-s-corporation/#3546c3ea6c05

Single person LLC is probably the way to go for you. As a bonus you could also participate in a SEP IRA, which you couldn't in a s-corp format.

Make sense? Hope the above helps.

edit: and the above doesn't consider all the additional bookkeeping and compliance expenses you would have in order to maintain a s-corporation.

Thank you, this is very helpful. (Also thank you H110Hawk and Konstantin for your comments and concerns)

I think my CPA's primary concerns were that I'll be earning bonuses, which could be substantial. I think without knowing what my bonuses will be I should probably just try to do a single member LLC at least for the first year and deal with the tax hit. Then maybe it would make sense to re-evaluate at the end of next year.

Ungratek
Aug 2, 2005


I would definitely get the company to increase your pay by 8% is to compensate. They’re just dumping the employer payroll tax onto you. I guarantee that’s why they want to set it up the way they are.

Single person LLC is the way to go. It’s not even a separate return. You’d just be putting everything into Schedule C, and like mentioned above, you can plow money into a SEP if the money is as good as you’re saying. You can take small deductions and home office expense. All it’ll require will be a small annual report fee on the SOS side and maybe a PPT depending on your state (which you can deduct on C)

Gabriel Grub
Dec 18, 2004
Kinda weird no one is mentioning the Qualified Business Income Deduction.

Admiral101
Feb 20, 2006
RMU: Where using the internet is like living in 1995.

sale on Banksy art posted:

Kinda weird no one is mentioning the Qualified Business Income Deduction.

The discussion was around business structure as a 1099 contractor. There are barely any differences between SM LLC and s-corporations for 199A unless we're talking 300k+ numbers, which I'm pretty sure we're not.

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dreesemonkey
May 14, 2008
Pillbug

Admiral101 posted:

The discussion was around business structure as a 1099 contractor. There are barely any differences between SM LLC and s-corporations for 199A unless we're talking 300k+ numbers, which I'm pretty sure we're not.

No, we're not.

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