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Ask the community...

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NebulaKnight

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Has anyone considered the QBI deduction (Section 199A) impact when deciding between S Corp vs. sole proprietor? I've heard that having too high of a salary in an S Corp can reduce your QBI deduction.

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This is actually a really important point. The QBI deduction is 20% of your business profit MINUS your wages. So if you take more as salary in an S Corp, you're reducing your QBI deduction potential. But there's a balance - if your total income is over the threshold ($182,100 single/$364,200 joint for 2025), the QBI deduction starts to phase out for certain service businesses anyway. It gets complicated fast!

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Great discussion everyone! As someone who made the S Corp election two years ago in a similar situation, I wanted to share some real-world experience. My consulting business was pulling in about $280k, and I set my reasonable salary at $160k (just under the OASDI limit at the time). Even with that salary level, I still saved roughly $3,500 annually on Medicare taxes from the distributions. One thing I learned the hard way - make sure you factor in the quarterly estimated tax payments on your distributions. Unlike salary where taxes are withheld automatically, you're responsible for making those payments yourself. I got hit with underpayment penalties my first year because I didn't adjust my estimates properly. Also, the administrative burden is real. Beyond the extra tax filings, you need to run actual payroll (even if it's just for yourself), maintain corporate minutes, and keep business and personal finances completely separate. It's definitely more work than being a sole proprietor, but the tax savings and liability protection have been worth it for my situation. The key is running the numbers for YOUR specific circumstances - income level, state taxes, industry standards for reasonable compensation, and your tolerance for additional paperwork and compliance requirements.

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QuantumQuest

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Thanks for sharing your real-world experience! The point about quarterly estimated taxes is huge - I hadn't really thought about how much more complex the cash flow management becomes when you're responsible for making those payments yourself instead of having them automatically withheld from payroll. Quick question: when you mention maintaining corporate minutes, how detailed do those need to be for a single-owner S Corp? Is it just documenting major decisions like salary changes and distributions, or do you need to record routine business activities too? I'm trying to understand the ongoing compliance burden beyond just the tax filings. Also, did you find any good resources or software that helped streamline the administrative side? The tax savings sound worthwhile but I want to make sure I'm not underestimating the time commitment involved in staying compliant.

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Liam McGuire

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I'm dealing with a similar situation with my restaurant's ERC claim. Paid 28% to a firm that promised "specialized expertise" but it turned out they just had me fill out basic forms and submit payroll records. The whole process took them maybe 3 hours total for a $45,000 claim. What's really frustrating is that I later discovered my CPA could have handled the entire filing for a flat $2,500 fee, but the ERC company made it sound like it required some kind of specialized tax law knowledge that only they possessed. I'm definitely interested in exploring legal options, especially after reading about the class action mentioned here. Has anyone found success getting partial refunds from these companies outside of lawsuits? I'm wondering if it's worth trying to negotiate directly with them first before going the legal route.

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Jayden Hill

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I tried negotiating directly with the ERC firm that charged me 30% before considering legal action. They basically told me the contract was binding and refused to discuss any refund or fee reduction. Their position was that they "delivered the service as promised" even though that service was essentially just data entry. From what I've learned talking to others in similar situations, these companies rarely negotiate voluntarily because they know most small business owners don't have the time or resources to pursue legal action. They're betting on people just accepting the loss and moving on. That said, it might still be worth a formal written request documenting your concerns about the fee structure relative to services provided - it could strengthen your position if you do decide to join a class action later. Just don't expect them to be cooperative about it.

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I'm in a very similar boat with my accounting practice - I've been helping several clients navigate the aftermath of working with these ERC mills. What I've seen consistently is that legitimate ERC claims typically require 8-15 hours of work when done properly, including eligibility analysis, documentation review, and form preparation. The problem is many of these contingency firms were essentially running claim factories, processing hundreds of applications with minimal individual attention. A 25% fee on a properly vetted claim might be reasonable, but not when they're just plugging numbers into software and hoping for the best. One thing I'd strongly recommend is getting a second opinion on your claim's legitimacy before your refund comes through. With the IRS crackdown, they're auditing a significant percentage of ERC claims now, and if your original firm cut corners on documentation, you could face penalties that far exceed any contingency fee dispute. I've been referring clients to services like taxr.ai for post-submission reviews to make sure everything is properly documented. Better to identify potential issues now than during an audit later.

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This is really helpful perspective from someone who's seen this from the professional side. I'm definitely concerned about the audit risk now - my ERC firm seemed way too eager to submit without asking many questions about my specific situation. Quick question: when you mention 8-15 hours for proper ERC work, does that include the initial eligibility determination or just the filing process? I'm trying to figure out if the 2-3 hours my firm spent was as inadequate as it seemed, or if there's legitimate work that happens behind the scenes that I wasn't aware of. Also, have any of your clients who used these "claim factory" firms actually faced audits yet, or is this still mostly theoretical risk at this point?

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Sienna Gomez

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One important detail that hasn't been fully covered is the interaction between gambling losses and the standard deduction. Since the standard deduction for 2025 is $15,000 for single filers and $30,000 for married filing jointly, many casual gamblers find themselves in a situation where they can't benefit from deducting their gambling losses. Here's why this matters: Let's say you have $3,000 in gambling winnings and $2,500 in losses during the year. You must report the full $3,000 as income, but you can only deduct the $2,500 in losses if you itemize deductions. If your total itemizable deductions (including the gambling losses, mortgage interest, state taxes, charitable donations, etc.) don't exceed the standard deduction, you're better off taking the standard deduction - but then you lose the ability to deduct those gambling losses. This is why many recreational gamblers end up paying taxes on their gross winnings rather than their net gambling income. It's worth calculating both scenarios when you file to see which approach results in lower taxes. Some taxpayers are surprised to discover that itemizing just to claim gambling losses actually costs them more in taxes than taking the standard deduction.

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This is such an important point that I wish more people understood! I learned this the hard way last year when I spent hours calculating all my gambling losses only to realize that taking the standard deduction saved me way more money. It's really frustrating that the tax system works this way - you have to report every dollar of winnings as income, but most casual gamblers can't actually deduct their losses because they don't have enough other itemizable deductions to make it worthwhile. It feels like the system is set up to penalize recreational gamblers. For anyone reading this, definitely run the numbers both ways before you file. I used tax software that let me compare the two scenarios, and taking the standard deduction ended up being about $400 better for me even though I had significant gambling losses I couldn't claim.

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StarStrider

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This is a really comprehensive discussion! As someone who's been through this exact situation, I want to emphasize one more crucial point: make sure you're keeping contemporaneous records throughout the year, not trying to recreate them at tax time. I used to think I could just rely on my bank statements and credit card records to figure out my gambling activity when tax season rolled around, but that approach is really problematic. Bank records show you withdrew $200 from an ATM at a casino, but they don't show whether you won $500 or lost the entire $200 that day. The IRS specifically wants to see a gambling log or diary that's maintained as you go. It should include the date, location, type of gambling, people you were with (if any), and amounts won or lost. I keep a simple note on my phone after each casino visit or online gambling session - it takes 30 seconds but saves hours of headaches later. Also, don't forget to save any documentation like casino player card statements, tickets, receipts, and definitely any W-2G forms. Even if your player card doesn't track every bet (like when you switch games or play without using it), having partial records is still much better than trying to estimate everything later. Start your record-keeping system now for 2025 - your future self will thank you!

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Jacob Lewis

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This is excellent advice about keeping contemporaneous records! I'm just starting to take gambling more seriously and realize I need to get organized before I create a nightmare for myself at tax time. One question though - for online gambling, do you recommend taking screenshots of your session results, or is just noting the amounts in your phone sufficient? I've been playing some online poker and sports betting, and I'm wondering how detailed I need to get with the digital records. Also, do you track your deposits and withdrawals separately from your actual gambling wins/losses? I'm definitely going to start that phone note system you mentioned - seems like such a simple solution that I wish I'd thought of earlier!

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Caden Nguyen

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I feel your pain - went through something very similar last year and it's incredibly frustrating to owe taxes when your portfolio is actually down. One thing that helped me understand my situation better was creating a simple spreadsheet tracking all my wash sale adjustments. I listed each disallowed loss and which replacement shares got the basis adjustment. This helped me see exactly where my "missing" losses went and gave me confidence that I'd eventually get them back when I sell those positions. Also, don't panic about owing taxes on phantom gains - while it sucks in the short term, those deferred losses are sitting in your replacement shares' cost basis. As long as you eventually sell those shares without triggering another wash sale, you'll get the tax benefit. The timing just gets shifted around. For this year's filing, make sure you're reporting everything correctly on Form 8949 with the proper wash sale codes. If your broker didn't catch all the wash sales (especially if you trade across multiple accounts), you might need to make additional adjustments. The IRS takes wash sale reporting seriously, so getting it right is important. Hang in there - once you get through this tax year, you can plan better strategies to avoid this mess in the future!

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This is really helpful advice, especially the spreadsheet idea! I'm definitely going to try that to track where all my disallowed losses went. One quick question though - you mentioned that brokers might not catch all wash sales, especially across multiple accounts. How would I even know if my broker missed some? Is there a way to double-check their wash sale calculations, or do I need to manually go through every single trade?

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Logan Chiang

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I went through this exact nightmare two years ago and it nearly gave me a panic attack! Had about $55K in disallowed wash sale losses while my actual portfolio was down around $20K. The "phantom gains" tax bill was brutal. Here's what I learned that might help you: First, double-check that your broker correctly identified ALL wash sales. Mine missed several because I had some trades in a second account with them. Wash sales apply across all your accounts with the same SSN, not just individual accounts. Second, if you're still holding any of those replacement shares from the wash sales, consider whether it makes sense to sell them before year-end (as long as you don't repurchase within 30 days). This would finally allow you to recognize those deferred losses. The most important thing though - keep detailed records of everything. I created a master spreadsheet showing every wash sale, which replacement shares got the basis adjustment, and which ones I still owned. This saved me when I got audited the following year. One last tip: if your situation is really complex, consider getting professional help. I ended up paying a CPA who specializes in trader taxes about $800, but they found an additional $12K in losses I had missed and properly structured everything for the IRS. Sometimes it's worth the investment to get it right. You're not alone in this - wash sales catch a lot of active traders off guard. The silver lining is that those losses aren't gone forever, just deferred. Hang in there!

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Thank you so much for sharing your experience - it's reassuring to know I'm not the only one who's been through this mess! Your point about brokers missing wash sales across accounts is really important. I actually do have positions spread across two different brokerages, so I'm wondering if that could be part of my problem. When you mentioned getting audited the following year, that's terrifying! Was the audit specifically because of the wash sale situation, or was it just bad luck? I'm already stressed about filing correctly this year, and the thought of an audit on top of everything else is making me even more anxious. The idea of selling replacement shares before year-end to recognize the losses is interesting, but I'm worried about making any moves right now without fully understanding the consequences. Did you end up doing that, and if so, how did you decide which positions to sell? I'm definitely considering getting professional help at this point. The $800 you paid sounds worth it if they found an additional $12K in losses! Do you have any advice on finding a CPA who specializes in trader taxes? I don't want to go to just anyone and have them mess this up even worse.

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Noah Ali

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I'm going through something very similar right now with my grandmother's estate, so I really feel for you Carmen. The whole Form 1041 process is incredibly overwhelming when you're already dealing with grief and suddenly being thrust into this executor role. One thing that helped me was creating a simple spreadsheet to track all the estate's income sources and expenses. I listed everything chronologically from the date of death forward - bank interest, dividend payments, any bills paid, legal fees, etc. This made it much easier to see if we were going to hit that $600 income threshold and what deductions we might be able to claim. Also, don't feel bad about considering hiring a professional. I kept trying to do everything myself to "save money" but honestly, the peace of mind of having someone who knows estate tax law review everything was worth every penny. The penalties for filing incorrectly or missing deadlines can be much more expensive than just paying a CPA upfront. One last tip - make sure you get that EIN (Employer Identification Number) for the estate as soon as possible if you haven't already. You'll need it for opening estate bank accounts, and it can take a little time to process. The IRS website has an online application that's pretty straightforward. You've got this! It seems impossible at first but once you start organizing everything, it becomes much more manageable.

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This spreadsheet idea is brilliant! I wish I had thought of that when I was dealing with my dad's estate last year. Keeping everything chronological from the date of death really helps you see the full picture and makes sure you don't miss any income sources that could push you over the filing threshold. Your point about the EIN is so important too - I made the mistake of waiting too long to get mine and it delayed everything. Banks won't even talk to you about estate accounts without it. The online application really is straightforward, just have the death certificate handy because they ask for specific information from it. Carmen, Noah's advice about not feeling bad about hiring a professional really resonates. I tried the DIY route initially and ended up spending way more time (and stress) than it was worth. A good estate CPA will often catch deductions and help you avoid mistakes that more than pay for their fees. Plus, they can handle the beneficiary K-1 forms if needed, which can get complicated with multiple people involved.

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Carmen, I completely understand your confusion - I was in almost the exact same position when my father passed two years ago and left me as executor. The Form 1041 requirements can be really overwhelming when you're already dealing with everything else that comes with losing a family member. Based on what you've described with $230k in assets, you're definitely not dealing with federal estate taxes (that's Form 706 and only kicks in over $12+ million). The Form 1041 is just about income taxes on any money the estate earns after your uncle's death. Here's what I learned the hard way: start by getting that EIN for the estate immediately if you haven't already - you'll need it for everything. Then track every penny of income the estate receives after the date of death. Even small amounts like $50 in bank interest can add up and push you over that $600 filing threshold. The retirement accounts you mentioned will likely pass directly to beneficiaries without creating estate income, but if those accounts earned anything between death and distribution, that might be taxable to the estate. Get "date of death" statements from all financial institutions - they know exactly how to break this down. Honestly, for your first time as executor, I'd strongly recommend finding a CPA who specializes in estate taxes. Yes, it costs around $1000, but the peace of mind and avoiding costly mistakes is worth it. The IRS doesn't care that you're new to this - penalties are the same regardless. You're going to get through this! It feels impossible at first but becomes much more manageable once you start organizing everything systematically.

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