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This is such a common dilemma for new LLCs! From what I've seen in similar situations, the $2k monthly guaranteed payment route might actually work better for you given your income level and the QBI considerations mentioned earlier. Here's why: with $27k in net income and you being the active partner, a $24k guaranteed payment would be reasonable compensation for your services. This leaves only $3k to be split as distributions, which means your silent partner gets their fair share ($1.5k) without you having to pay self-employment tax on income that really reflects your labor. The key insight others touched on is that you'll pay self-employment tax on your distributive share of partnership income regardless of whether it's distributed. So structuring it as guaranteed payments might actually be cleaner from a tax perspective, even though you lose some QBI deduction benefits. Have you run the numbers both ways including self-employment tax, regular income tax, and the QBI deduction impact? That comparison should give you a clearer picture of which approach saves more money overall.
This is really helpful analysis! I'm curious though - when you say "you'll pay self-employment tax on your distributive share regardless of whether it's distributed," does that apply even if most of the income is allocated to the silent partner through distributions? I thought only the active partner's share would be subject to SE tax, not the total partnership income. Also, have you found any good resources for running those comparative calculations? I'm getting overwhelmed trying to factor in all the different tax implications manually.
You're absolutely right to question that! I should have been clearer - only the active partner's distributive share of partnership income is subject to self-employment tax, not the silent partner's portion. The silent partner's share is generally not subject to SE tax since they're not materially participating in the business. So in the original scenario with $27k net income split 50/50, the active partner would pay SE tax on $13.5k of their distributive share, while the silent partner would only pay regular income tax on their $13.5k share. For running the comparative calculations, I've found that the IRS Publication 541 (Partnerships) has some good examples, but honestly the math gets complex quickly when you factor in QBI, state taxes, and SE tax. A few people mentioned https://taxr.ai earlier in this thread - that type of tool might be worth trying for the comprehensive analysis rather than trying to calculate everything manually. The key is making sure you're comparing apples to apples across all the different tax implications.
As someone who just went through this exact decision process with my LLC partnership, I wanted to share what ultimately worked for us. We ended up going with a hybrid approach that balanced the tax benefits of both structures. After consulting with our CPA and running detailed projections, we settled on a $18k guaranteed payment for the active partner (me) plus unequal distributions of the remaining $9k split 70/30 in favor of the active partner. This gave us the benefits of reasonable compensation for services while still maximizing QBI deduction eligibility on the distributed income. The key insight was that the guaranteed payment amount should reflect fair market value for the services provided - not just what's left over after distributions. We documented this by researching comparable salaries for similar roles in our industry and including that analysis in our partnership agreement amendments. One thing that really helped was creating a detailed operating agreement that spelled out exactly how we determined the guaranteed payment amount and distribution percentages. This documentation will be crucial if the IRS ever questions our allocation methods. The tax savings compared to either pure guaranteed payments or pure distributions was significant - about $2,400 in our case when factoring in SE tax differences and QBI benefits. Definitely worth the extra complexity in our partnership paperwork!
This is exactly the kind of real-world example I was hoping to see! Your hybrid approach with $18k guaranteed payment plus the 70/30 distribution split seems like it strikes a great balance. I'm particularly interested in how you documented the fair market value research for the guaranteed payment - did you use specific salary databases or industry reports? Also, when you mention $2,400 in tax savings, was that comparing against a pure distribution approach or pure guaranteed payment approach? I'm trying to get a sense of the magnitude of difference these structural choices can make. Your point about the operating agreement documentation is well taken - I imagine that level of detail would give a lot more confidence if questions ever came up later.
One more thing to consider - if you're worried about the amendment process but still want to claim the deduction, you could wait until after the trial period ends to file your tax return. Since you have until April 15th (or October 15th with an extension) to file your 2024 return, you could purchase the hearing aids in December 2024, go through the trial period until May 2025, and then file your return knowing for certain whether you're keeping them or not. This approach eliminates the risk of needing an amended return entirely. Just make sure you're comfortable with filing closer to the deadline and that you don't need your refund earlier in the year. It's a more conservative approach that might give you peace of mind while still allowing you to claim the deduction if you end up keeping the hearing aids.
That's a brilliant strategy I hadn't considered! Waiting to file until after the trial period would definitely eliminate the amendment risk entirely. The peace of mind alone would probably be worth filing later rather than dealing with potential paperwork headaches. I'm curious though - would there be any downside to filing that late if you're expecting a refund? I always worry about missing out on getting my refund money earlier in the year, especially if it's a decent amount from the medical deduction.
The main downside to filing later is definitely delayed access to your refund, which could be significant if the medical deduction puts you in refund territory. However, you could also consider filing an extension if you want more time to decide - that gives you until October 15th to file while still meeting your tax obligations. Another middle-ground approach: if you're really unsure about keeping the hearing aids, you could file your return without claiming the medical deduction initially. Then if you do keep them past the trial period, you can file an amended return to ADD the deduction and get an additional refund. This way you get your regular refund on time and only deal with amendments if you actually benefit from the medical deduction. Just remember that amended returns take much longer to process than original returns, so factor that into your cash flow planning!
I appreciate all the detailed responses here! As someone who works in healthcare billing, I wanted to add one more perspective about tracking your expenses. Even if you're not sure you'll hit the 7.5% AGI threshold this year, it's worth keeping detailed records of ALL your medical expenses throughout the year. Medical expenses can be unpredictable - you might end up needing additional treatments, therapies, or equipment later in the year that push you over that threshold. I've seen patients who thought they wouldn't itemize suddenly find themselves with significant medical bills from unexpected health issues. For hearing aids specifically, don't forget that if you need any follow-up appointments for adjustments, hearing tests to fine-tune the settings, or if your audiologist recommends additional accessories or equipment, those all count toward your medical expense total too. The hearing aid purchase might be the big expense, but the ongoing care costs can add up. Also, if you have a Health Savings Account (HSA) or Flexible Spending Account (FSA), hearing aids are definitely qualified expenses for those accounts, which might be an even better tax advantage than itemizing depending on your situation.
I'm in almost the exact same boat as you! Filed in January, got my refund in February, then realized I forgot to include a 1099-INT from my savings account. My CPA also gave me the "about 4 weeks" estimate which now seems wildly optimistic based on everyone's experiences here. I ended up e-filing my 1040-X about 6 weeks ago and I'm still in the "received" status on the IRS tracker. Reading through these comments is actually making me feel a lot better - sounds like 12-16 weeks is pretty normal, and at least we'll get interest on the additional refund after 45 days. One thing I learned from my research is that simple amendments like ours (just adding forgotten income documents) typically process faster than complex ones involving multiple changes or business deductions. So hopefully we'll be on the shorter end of that timeline! Definitely don't abandon it - even if it's not a huge amount, free money is free money, plus the interest. Just try not to check the tracker obsessively like I've been doing!
@Ezra Bates It s'so nice to find someone in the exact same situation! I was starting to think I was the only one who managed to forget important tax documents. Your timeline actually gives me hope - 6 weeks in and still showing received "seems" pretty normal based on what everyone else is sharing here. I had no idea about the 45-day interest rule either until reading through these comments. That definitely takes some of the sting out of the wait time. And you re'right about simple amendments - I keep reminding myself that we re'just adding straightforward W2/1099 income, not trying to claim some complicated business expense or anything that would require extra scrutiny. I m'definitely going to try to limit my tracker checking to maybe once a week. Though let s'be honest, I ll'probably still peek at it more than that! Thanks for sharing your experience - makes the whole process feel way less overwhelming knowing others are going through it too.
I filed an amended return last year for a similar situation - forgot to include a 1099-R from a small retirement account rollover. The whole process took about 18 weeks from e-filing to getting my additional refund deposited. What really helped me was setting realistic expectations from the start. The IRS website says "up to 16 weeks" but that's really the minimum you should expect, not the maximum. Most amended returns seem to fall in the 12-20 week range based on what I've seen in various tax forums. A few tips that made the wait more bearable: 1) Screenshot your e-filing confirmation - you'll want proof you submitted it correctly, 2) Mark your calendar for when you hit the 45-day mark (that's when interest starts accruing on your refund), and 3) Try to check the tracker only on Fridays since that's typically when they batch update the system. The money will come eventually, and honestly the interest made up for some of the frustration of waiting. Hang in there!
Tell your coworker to google "IRS frivolous tax arguments" and look at the official IRS website. They literally have a whole section dedicated to debunking these exact schemes and warning about the $5,000 penalty for submitting these arguments. Also search for "tax protester cases" to see how many people have gone to PRISON for this stuff!
Your instincts are spot on - this is absolutely a scam and your coworker is playing with fire. I work in tax compliance and see the aftermath of these schemes regularly. The "Revocation of Election" is complete nonsense with no legal basis whatsoever. The scary thing is that people can get away with it for a few years, which makes them think they're safe. But the IRS has up to 6 years (or indefinitely in cases of fraud/non-filing) to come after you. When they do, it's devastating - we're talking about accumulated interest, failure-to-file penalties, failure-to-pay penalties, plus that $5,000 frivolous filing penalty for each year. I've seen cases where someone owed $15K in actual taxes but ended up owing over $60K after penalties and interest. Your coworker needs to get back into compliance immediately before this gets worse. The longer he waits, the more expensive this mistake becomes.
This is exactly what I needed to hear! I've been trying to figure out how to approach my coworker about this without coming across as preachy. The numbers you mentioned really put it in perspective - turning a $15K tax bill into $60K+ is absolutely insane. Do you think there's any hope for someone to get penalties reduced if they voluntarily come forward before the IRS catches them? Or is he basically stuck with whatever massive bill has been accumulating? I'm hoping if I can show him there might be some way to minimize the damage by acting now, he might actually listen.
Ellie Kim
Has anyone else noticed that the whole withholding system seems designed to be confusing? I make $134k, claim 0, and yet still ended up owing almost $3k this year. My friend makes LESS than me but somehow gets a refund every year!
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Fiona Sand
β’It's because withholding isn't just about the allowances or what you claim on your W-4. It also depends on things like how often you're paid, if you have multiple jobs, investment income, if you itemize deductions, etc. Your friend probably has more withheld throughout the year or has deductions you don't have.
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CosmicCruiser
I completely understand your frustration! I went through something very similar last year. Making around $132k and claiming 0, I was shocked when I still owed over $2,800 at tax time. After digging into this, I learned that 8% federal withholding for your income level is definitely too low. At $130k with standard deductions, you should expect closer to 16-20% in federal withholding depending on your filing status and pay frequency. A few things that could be causing this issue: 1. Your employer might be using outdated withholding tables 2. They could be incorrectly calculating your withholding method (percentage vs. wage bracket) 3. You might have pre-tax deductions that are reducing your taxable wages more than expected 4. If you get paid irregularly or have bonuses, the withholding calculations can get thrown off I'd recommend downloading your last few pay stubs and checking the year-to-date federal withholding against your gross pay. If it's consistently around 8%, there's definitely something wrong with how your payroll is calculating it. The IRS withholding estimator tool can help you figure out exactly what should be withheld and give you ammunition to take back to your HR department. Don't give up - you shouldn't have to owe money when claiming 0 allowances on a straightforward W-2 salary!
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Dmitry Smirnov
β’This is really helpful! I'm dealing with a similar situation and had no idea that 8% withholding was so far off for that income level. I've been afraid to push back with my HR department because I wasn't sure if I was wrong about the numbers. Quick question - when you say "download your last few pay stubs," what specifically should I be looking for to prove to HR that something's wrong? Is there a particular line item or calculation I should focus on? I want to make sure I have solid evidence before I approach them about this.
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