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6 Question for anyone who's done this - do you need a special type of solo 401k plan to make employer contributions? My financial advisor set up my solo 401k last year but never mentioned anything about employer matching. Do I need to change my plan?
22 Most solo 401k plans allow for employer contributions, but not all. Check your plan documents or call your provider. I had to specifically ask about this when setting up mine through Fidelity. Some of the basic plans only allow employee contributions but can be upgraded.
14 As a newcomer here but someone who went through this exact decision process last year, I can confirm that maxing out both employee and employer contributions to your solo 401k is absolutely the way to go for tax efficiency. What helped me understand this was breaking down the numbers: if I took $25,000 as an S-corp distribution to invest in a taxable account, I'd pay income tax on that $25,000 first (let's say 22% = $5,500), leaving me with $19,500 to invest. Then I'd pay taxes annually on dividends and capital gains. But if I make that same $25,000 as an employer contribution to my solo 401k, it reduces my S-corp's taxable income dollar-for-dollar, meaning I save that entire $5,500 in taxes upfront. Plus the money grows tax-deferred. The only real consideration is liquidity - make sure you have adequate emergency funds in accessible accounts first. But for retirement savings specifically, the 401k route beats taxable investing by a wide margin when you run the math.
6 This breakdown is really helpful, thanks! I'm just starting to research this topic and the tax math makes sense when you put it that way. Quick question - when you say "employer contribution," are you literally paying yourself as the employer? How does that work practically? Do you just write a check from the business account to the 401k provider, or is there a specific process you have to follow?
Be super careful with any ERC filing right now! The IRS announced last month they're auditing these claims like crazy because of all the fraud. My brother's construction company used one of those "ERC specialists" that advertise everywhere, paid them 25% of the expected refund, and now he's under audit and might have to pay everything back WITH penalties. Make sure whoever helps you is looking at real eligibility, not just trying to get you to file. The rules are complicated - it's not just "did you stay open during the pandemic.
This. I'm a bookkeeper and I've seen so many businesses get bad advice about ERC. The IRS is definitely scrutinizing these claims heavily. Make sure whoever you work with documents EVERYTHING - especially how specific government orders directly impacted your operations. And avoid anyone promising "guaranteed qualification" or using aggressive sales tactics.
As someone who just went through this process for my small retail store, I'd strongly recommend getting a second opinion before committing to any of those fee structures you mentioned. The 30% contingency fee is definitely excessive, and the $8,000 upfront seems way too high for a 14-employee restaurant. What worked for me was first using a service to verify eligibility before paying anyone big fees. I spent about $200 to get a detailed analysis of whether we actually qualified, which saved me from potentially wasting thousands on a claim that might not hold up. Once I knew we legitimately qualified, I worked with a local CPA who charged a flat $2,800 fee to prepare and file everything. The key is making sure you have solid documentation showing how government orders specifically impacted your restaurant operations. Indoor dining restrictions would likely qualify you under the "partial suspension" test, but you need to document exactly which orders affected you and when. Don't rush into anything - the IRS is being very strict about ERC claims right now, so getting it right the first time is crucial.
That's really smart advice about getting the eligibility check first! I'm curious - which service did you use for the $200 analysis? I'm in a similar situation with my coffee shop and want to make sure I'm not throwing money away on fees if we don't actually qualify. We had to close our seating area and go takeout-only for about 8 months, plus had reduced capacity after that. Sounds like you had a good experience with your local CPA too - did they specialize in ERC or were they just generally experienced with small business taxes?
This is such a timely discussion! I'm currently dealing with a wage repayment situation from 2022 where I had to return about $9,200 to my former employer. Like many others here, I figured out the federal and state tax deduction parts, but the FICA piece has been confusing. Reading through everyone's experiences, it sounds like I should definitely try contacting my former employer's payroll department first before going the Form 843 route. I'm a bit nervous about that conversation since our relationship wasn't great when I left, but if they can benefit from recovering their matching portion, maybe they'll be more willing to help. One question I haven't seen addressed - if you do get the FICA refund directly from your employer, do you need to report that anywhere on your current year's tax return? Or is it just a separate transaction that doesn't affect your taxes? Want to make sure I handle everything correctly if I'm lucky enough to get cooperation from them. Thanks to everyone who's shared their experiences here - this thread has been more helpful than hours of googling!
Great question about reporting the FICA refund! If you receive the refund directly from your former employer, you typically don't need to report it as income on your current year's tax return since it's essentially a correction of an overpayment rather than new income. However, you should keep detailed records of the refund for your files, including any documentation from your employer showing the adjustment. Some tax professionals recommend noting the refund in your tax records for the year it was received, just in case there are any future questions during an audit. If you end up going the Form 843 route instead and get a refund directly from the IRS, the same principle applies - it's not taxable income since you're getting back money that was over-withheld in the first place. Good luck with contacting your former employer! Even if the relationship was strained, approach it as a straightforward business matter. Many payroll departments handle these requests routinely and may be more cooperative than you expect, especially when you explain the mutual benefit of the FICA adjustment.
I just wanted to add something that might help others in similar situations - make sure you keep copies of EVERYTHING related to your wage repayment. I learned this the hard way when I had to file Form 843 for my FICA refund. The IRS asked for additional documentation that I hadn't thought to save initially, including the original pay stubs from when I first received the wages, bank records showing the actual repayment transaction, and even correspondence with my former employer about the repayment arrangement. Also, if anyone is dealing with a situation where they received wages in one state but had to repay them while living in a different state, there can be additional complications with state tax treatment that might affect your overall refund calculations. I ended up having to file amended state returns in both states to get everything sorted properly. The whole process took about 6 months from start to finish, but I eventually recovered about $1,100 in FICA taxes that I would have lost otherwise. It's definitely worth pursuing even if it seems complicated at first!
This is really valuable advice about documentation! I wish I had seen this earlier - I'm in the middle of gathering paperwork for my own FICA refund claim and realize I'm missing some of the original pay stubs. The multi-state issue you mentioned is particularly interesting since I moved from California to Texas between when I received the wages and when I had to repay them. I hadn't even considered that this might complicate things with state tax treatment. Did you end up needing professional help to navigate the amended state returns, or were you able to figure it out yourself? Also, when you say the whole process took 6 months, was that mostly waiting time for the IRS to process your Form 843, or were there back-and-forth requests for additional documentation that extended the timeline?
Everyone's giving good advice about claiming a domestic partner, but don't forget to consider the future! When your partner finishes law school and starts working, your tax situation will change dramatically. My wife and I were in the same boat (I supported her through med school), and we actually ended up paying MORE in taxes after marriage because of the marriage penalty when both people have good incomes.
Just wanted to chime in as someone who works in tax preparation - you're on the right track! Based on your description, your domestic partner would likely qualify as a "qualifying relative" dependent. The key things to document are: 1. Keep receipts for all the expenses you're paying (rent, utilities, groceries, phone, insurance) 2. Get a statement of his total student loan disbursements for the year 3. Track any income he earns from tutoring or other sources Since you mentioned he only makes about $2,500 from tutoring and the loans only cover tuition/books while you handle all living expenses, you should easily meet both the income test (under $5,000) and the support test (you're providing more than 50% of total support). One thing I always tell clients - calculate the actual dollar amounts to be sure. Add up everything: tuition, books, rent, food, utilities, transportation, clothing, medical expenses, etc. Then make sure your contributions are more than half of that total. It sounds like they definitely are, but having the numbers documented will give you confidence and protection if questions ever arise. The dependent exemption can be a significant tax benefit, so it's worth claiming if you qualify!
This is really helpful advice! I'm new to all this tax stuff and wasn't sure what kind of documentation I'd need to keep. Should I be saving receipts from grocery stores and utility bills throughout the year, or is there a simpler way to track all these expenses? Also, when you say "calculate the actual dollar amounts," do you mean I need to estimate things like the fair market value of housing I'm providing, or just track what I'm actually paying out of pocket?
Madeline Blaze
Has anyone actually had an audit where the IRS questioned ISO reporting? I'm in a similar situation with a small spread and FreeTaxUSA, and I'm wondering if I should even bother with all this if the AMT is zero anyway.
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Max Knight
ā¢Yes! I had a client (I'm not a tax pro, but I prepare returns for friends) who got audited specifically because they didn't properly report ISO exercises. Even though they owed no AMT, the IRS flagged the return because Form 3921 was issued but no corresponding AMT adjustment appeared on their return. It was a huge headache to resolve.
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Nia Jackson
I've been through this exact scenario with FreeTaxUSA and ISOs multiple times. The key thing to understand is that even with a small spread like $2,300, you absolutely should enter it properly to avoid potential issues down the road. Based on my experience, FreeTaxUSA does have the functionality to handle ISO reporting, but it's not as intuitive as TurboTax's dedicated ISO section. Tyler's navigation path is spot on - Federal ā Income ā Other Income ā Other Tax Preference Items is where you'll find it. Here's what I'd recommend for your questions: 1) You technically could calculate Form 6251 separately and attach it to your FreeTaxUSA return, but this creates inconsistencies and potential red flags. It's much cleaner to let FreeTaxUSA generate it automatically once you enter the ISO data correctly. 2) Even if your AMT is zero, you should still file Form 6251 when you have preference items like ISO spreads. This establishes your AMT basis for the shares, which becomes crucial when you sell them later. Without proper documentation, you could end up paying tax twice on the same income. The IRS receives a copy of your Form 3921, so they know about your ISO exercise. If they don't see corresponding AMT reporting on your return, it can trigger questions later. Better to be proactive and document everything properly from the start.
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Aaron Lee
ā¢This is exactly the comprehensive answer I was looking for! As someone new to ISO exercises, I really appreciate you breaking down both the technical process and the practical reasons why proper reporting matters. The point about the IRS receiving Form 3921 copies is particularly important - I hadn't realized they could cross-reference that against my return. One follow-up question: when you mention establishing AMT basis for future sale calculations, does FreeTaxUSA automatically track this year-to-year, or do I need to maintain my own records of the AMT basis adjustments? I'm planning to hold these shares for at least a few more years before selling.
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StarSailor
ā¢@Aaron Lee Great question! FreeTaxUSA doesn t'automatically carry forward AMT basis adjustments from year to year like some other software does. You ll'definitely want to maintain your own records. I recommend creating a simple spreadsheet tracking each ISO exercise with: exercise date, number of shares, exercise price, FMV on exercise date, spread amount, and AMT basis per share. When you eventually sell, you ll'need this information to calculate the AMT adjustment which (could be positive or negative depending on the sale price vs. your AMT basis .)The good news is that if you hold the shares for more than one year after exercise AND more than two years after the option grant date, any sale will be a qualifying "disposition and" you won t'need to worry about AMT adjustments on the sale. But you ll'still need those basis records for regular tax calculations. I learned this the hard way when I sold some ISO shares three years later and had to reconstruct all my basis information from old tax returns and Forms 3921!
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