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For your truck question - be SUPER careful here. I made a $19k mistake my first year in business by assuming I could just deduct a vehicle purchase 100%. If you're using the vehicle EXCLUSIVELY for business (like, literally never for personal use), you might be able to deduct the full amount under Section 179. But if you use it for personal stuff too (even occasionally), you can only deduct the business-use percentage. Also, SUVs and trucks over 6,000 lbs have different rules than smaller vehicles. Make sure you know which category yours falls into!

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Melissa Lin

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This!! I got audited because I claimed 100% business use on my truck when really it was more like 85%. Had to pay back taxes plus penalties. Not fun.

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Dmitry Ivanov

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Hey Vince! Congrats on your business success so far - that's awesome that it's doing better than expected! Just to add to the great advice already shared here: since you're only 4 months in, you're actually in a perfect position to set up good tax habits from the start. The quarterly payment system everyone mentioned is definitely the way to go, and you're not too late to start. For your $26k truck scenario - the key thing is documentation. Keep a detailed log of every business trip (date, destination, business purpose, mileage). If you use it for any personal driving, calculate that percentage because the IRS will want to see those numbers if they ever audit. One more tip that saved me in my first year: open a separate business savings account specifically for taxes. Every time you get paid, immediately transfer 25-30% into that account. It makes quarterly payments so much less stressful when the money is already set aside and earmarked for taxes. You're asking all the right questions - way better to figure this out now than scramble at tax time!

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Amara Torres

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This is such solid advice! The separate tax savings account tip is brilliant - I wish someone had told me that when I was starting out. I'm curious though, is 25-30% typically enough for most small businesses? I've heard some people recommend setting aside even more, especially if you're in a higher income bracket or live in a state with income tax. Also, do you recommend keeping that tax money in a regular savings account or something that earns a bit more interest since you'll be holding it for months at a time?

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When should I use my Single Member LLC EIN vs my Sole Proprietorship EIN for tax filings?

I've got myself in a bit of a paperwork mess with my business and EINs, hoping someone can help sort this out. I started my photography business as a sole proprietorship a few years back and got an EIN (let's call it 11-1111111) so I wouldn't have to give out my SSN on W9 forms to clients. Last year, I converted the business to a single-member LLC for liability protection but kept operating it as a disregarded entity for tax purposes. According to the IRS rules, I didn't technically need a new EIN since I have no employees and don't file as a corporation. But when I set up with Square for payment processing, they required me to have an EIN specifically for the LLC. So I applied and got a second EIN (let's say 22-2222222) just to satisfy Square's verification process. Now I'm confused about which EIN to use where. The IRS instructions for W9 forms say NOT to use the disregarded entity's EIN, but instead use the owner's SSN or EIN (which would be my sole prop EIN). The Schedule C instructions seem to say the same thing - that I should only use the LLC's EIN for qualified retirement plans, employment taxes, excise taxes, etc., none of which I have. My biggest worry is what happens when Square sends me a 1099-K with my LLC's EIN (22-2222222). Since I'm not supposed to put that EIN anywhere on my tax return according to IRS instructions, will this create problems? Will the IRS think I'm not reporting income associated with that EIN? I've asked a couple of accountant friends and they seem stumped by this situation too. Anyone deal with something similar?

This thread has been incredibly helpful! I'm dealing with a very similar situation with my web design business. I started as a sole prop, got an EIN for client W9s, then formed an LLC but kept it as a disregarded entity. PayPal required the LLC's EIN for their business account setup, so now I have two EINs just like the OP. Reading through all these responses, it sounds like the consensus is pretty clear - keep using the sole prop EIN on tax forms and W9s, and don't worry about the 1099-K having the different EIN. The explanatory statement approach mentioned by several people here seems like the smart way to handle it. One thing I'm curious about though - has anyone actually had the IRS question or audit them specifically because of this EIN mismatch situation? All the advice here makes sense logically, but I'm wondering if there are any real-world examples of this causing problems down the road, or if it really is as straightforward as everyone is saying. Also, for those who mentioned contacting the IRS directly about this - did you call the general taxpayer assistance line, or is there a specific department that handles business EIN questions?

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Zainab Ahmed

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I haven't personally been audited for this specific EIN mismatch issue, but I can share what I've observed from helping other business owners in similar situations. The IRS seems much more concerned with whether you're reporting all your income accurately rather than minor administrative discrepancies like EIN mismatches on 1099s versus tax returns. That said, the explanatory statement approach really is your best protection. It shows good faith effort to be transparent and helps prevent any confusion if an IRS employee does review your return. I've seen cases where people got automated notices asking about unreported income when they had 1099s with different EINs, but these were easily resolved by referring back to the explanatory statement and showing that the income was indeed reported. For contacting the IRS about EIN questions, I'd recommend starting with the Business & Specialty Tax Line at 1-800-829-4933. They're generally better equipped to handle entity structure questions than the general taxpayer assistance line. Just be prepared for long hold times - that's where services like the Claimyr one mentioned earlier in this thread can actually be helpful for getting through to a live person without spending your entire day on hold. The bottom line is this situation is way more common than you might think, and the IRS systems are designed to handle it as long as you're being consistent and transparent about your reporting.

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Chloe Green

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I've been through this exact same scenario with my consulting LLC and can confirm what others have said here - you're absolutely on the right track with your thinking! The key thing to remember is that even though you're operating as an LLC, the IRS still sees you as a sole proprietor for tax purposes since it's a disregarded entity. So yes, continue using your original sole prop EIN (11-1111111) on your Schedule C and any W9 forms you fill out. When that 1099-K comes in from Square with your LLC's EIN (22-2222222), just report that income on your Schedule C like any other business income. The IRS won't have any issues with this - their systems can cross-reference both EINs to your SSN. I'd definitely echo the advice about including an explanatory statement with your tax return. Something simple like: "Taxpayer operates [LLC Name] as a single-member LLC taxed as a sole proprietorship. Income reported on 1099-K forms under EIN 22-2222222 is included in Schedule C business income reported under EIN 11-1111111." This just gives the IRS a clear paper trail if anyone ever reviews your return. The situation you described with Square requiring the LLC's EIN is super common - payment processors often have strict verification requirements that don't align perfectly with tax reporting rules. But that's totally fine as long as you're consistent on the tax side of things. You're definitely not in a "paperwork mess" - this is actually a pretty standard situation that lots of single-member LLC owners deal with!

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Diego Fisher

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This is such a relief to read! I'm actually in the exact same boat - started as sole prop, converted to LLC for protection, but kept it disregarded for taxes. Then Stripe demanded the LLC EIN for merchant services, so now I'm juggling two EINs too. I was losing sleep over whether the 1099-K mismatch would trigger some kind of audit or penalty, but hearing from everyone here that this is totally normal has really put my mind at ease. The explanatory statement approach makes so much sense - it's like leaving a note for the IRS saying "hey, I know this looks weird, but here's what's happening." One quick question though - when you say "consistent on the tax side," does that mean I should NEVER use my LLC's EIN on any tax-related documents? Like what about state tax filings or local business license renewals? Or is this guidance specifically just for federal tax forms like Schedule C and W9s?

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One thing I haven't seen mentioned yet is the importance of documenting your correction process thoroughly. Keep detailed records of every amended return filed, every payment made, and all correspondence with the IRS. This documentation becomes crucial if there are any disputes later or if the IRS has questions about your corrections. Also, consider requesting penalty abatement letters for each tax year once you've filed the corrections and made payments. The IRS sometimes grants relief for reasonable cause, especially when businesses proactively correct mistakes. Your cooperation in fixing this voluntarily could work in your favor. For the partner who was incorrectly paid through payroll, make sure they understand they'll need to file amended individual returns (1040X) for each affected year. The timing matters here - generally you have 3 years from the original due date to amend and claim refunds, so depending on when those original returns were filed, some years might be getting close to that deadline. Finally, once this is all corrected, establish proper ongoing procedures to prevent this from happening again. Set up quarterly partnership meetings to review tax obligations and consider working with a bookkeeper or accountant who understands partnership taxation.

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This is excellent advice about documentation! I'm just starting to navigate a similar partnership mess and hadn't thought about the 3-year deadline for amended returns. That's a really important point - some of those earlier years could be running out of time for the partner to claim any refunds they might be owed. One question about the penalty abatement process - do you request that after all the corrections are filed and processed, or can you submit the abatement request along with the amended returns? I'm wondering about the timing since we want to be proactive but don't want to slow down the correction process. Also, when you mention establishing proper procedures going forward, what specific systems would you recommend for a small partnership to stay on top of quarterly obligations? We definitely don't want to end up in this situation again.

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Great question about timing! You can actually request penalty abatement at different stages: **Timing Options:** - Submit abatement requests with the amended returns using Form 843 (Claim for Refund) - this can help get everything processed together - Wait until after assessment notices are received, then request abatement - sometimes easier to argue specific penalty amounts this way - Request abatement after making partial payments to show good faith I'd recommend submitting the abatement request along with your amended returns, especially since you're voluntarily correcting. Include a detailed explanation of reasonable cause (reliance on incorrect advice, business complexity, etc.). **For ongoing procedures, here's what works well:** 1. **Quarterly calendar reminders** for estimated tax payments and partnership obligations 2. **Monthly bookkeeping reviews** to catch classification issues early 3. **Annual tax planning meetings** in Q4 to review entity structure and compliance 4. **Professional oversight** - even if just annual CPA review of your processes **Pro tip:** Set up a simple partnership compliance checklist that includes K-1 preparation deadlines, extension filing dates, and state requirements. Many small partnerships fail because they treat it like a simple business structure when it actually has significant ongoing compliance requirements. The key is building systems now while this correction process is fresh in your mind - you'll never want to go through this again!

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Ethan Wilson

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I went through a very similar situation with my LLC about 18 months ago. We had the same setup - multi-member LLC treated as partnership, but one partner was being paid through payroll for about 3 years while we never filed a single 1065. Here's what I learned from the correction process: **The good news:** The IRS was actually pretty reasonable when we proactively came forward to fix it. We used the Voluntary Classification Settlement Program (VCSP) which significantly reduced our penalties. **The process we followed:** 1. Filed all missing 1065s simultaneously with a detailed cover letter explaining the situation 2. Issued corrected K-1s to the partner who was on payroll 3. Filed amended 941s to remove the partner from payroll 4. The partner filed 1040X returns for each year to report the income correctly **What surprised me:** The partner actually came out ahead in one of the years due to the Section 199A deduction they qualified for as a partner but couldn't claim as an employee. The additional self-employment tax was painful, but the overall tax picture wasn't as bad as we feared. **My advice:** Don't wait any longer to start this process. The penalties keep accruing, and you're getting close to statute of limitations issues for some potential refunds. Also, consider hiring a tax professional who specializes in partnership corrections - it was worth every penny for the peace of mind and to make sure we didn't miss anything. The whole correction took about 8 months to fully resolve, but we were able to set up payment plans for the additional taxes owed. It's definitely stressful, but very fixable!

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US tax status confusion: Resident or non-resident after moving abroad?

I came to the US back in 2019 on an F-1 visa. After the 5-year exemption period for F-1 holders, I became a tax resident in 2024. I relocated to Germany for work in October 2024, but I'm planning to file as a tax resident for 2024, report my worldwide income, and claim Foreign Tax Credit since this seemed like the simpler route from what I've researched. My situation gets complicated because I'll be traveling to the US frequently to visit my partner (we're not legally married). I'll be back in the US on a B1 visa in late December, and my total time in the US during 2025 will likely exceed 31 days throughout the year, which I believe means I'd pass the Substantial Presence Test (especially counting my days from 2024). However, since I've established tax residency in Germany with solid ties here (employment contract, apartment lease, German bank accounts, etc.), I don't think I need to file US taxes even if I stay in the US for more than 31 days in 2025. Here's what I'm trying to figure out: 1) Is my understanding correct about not needing to file US taxes in 2025? 2) Should I proactively report my change in tax status to the IRS when 2024 ends? 3) For 2024, does filing as a tax resident for the whole year make sense, or would a dual-status return be better? If dual-status is recommended, how would my December visit affect things? Would my resident alien status end in October when I established German tax residency? 4) How would getting married in 2025 change things? Would I need to file US taxes as a resident/NRA? (I understand my partner would file as married filing separately) 5) What if I apply for a Green Card in 2025? Would an approved I-140 make me a "US person" for tax purposes?

For those discussing dual-status returns, there's an important limitation to be aware of: you cannot take the standard deduction on a dual-status return unless you're a resident of Canada, Mexico, South Korea, or India. You must itemize deductions for the resident portion of the year. Also, if you're filing dual-status because you left the US, you might want to look into any 401k or IRA accounts you have. There are special considerations for retirement accounts when you become a nonresident.

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Mia Alvarez

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Is that also true for foreign tax credits? I've heard you can't claim FTCs on a dual-status return for the nonresident portion of the year. Can someone confirm?

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This is a complex situation that touches on several important tax considerations. Let me add some clarification on a few points that haven't been fully addressed yet. Regarding your December 2024 visit while planning a dual-status return: Since you're entering on a B1 visa as a visitor, those days would typically be counted in the nonresident portion of your year. However, you'll want to be very clear about your departure date and intent when you left in October, as this establishes when your resident status ended. One thing I didn't see mentioned is the exit tax considerations under Section 877A. Since you were a resident alien for multiple years and are ceasing to be a US tax resident, you'll want to verify whether you meet any of the criteria that would subject you to expatriation tax rules. Most people don't, but it's worth checking. For your frequent travel pattern in 2025, keep detailed records of your entry/exit dates and the purpose of each visit. The closer connection exception requires demonstrating that Germany is your tax home, so document your German employment, housing lease dates, utility bills, bank statements, and other ties that show Germany as your primary residence. Also consider that if you do get married and your spouse is a US citizen, they may need to report your foreign bank accounts on their FBAR even if you file separately, depending on signature authority and beneficial ownership rules.

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Romeo Quest

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Hey Kristin! Welcome to the world of being an employer - it's definitely overwhelming at first but you'll get the hang of it. Everyone has already given you great advice about the March 12 date (it's just a statistical snapshot, not your actual filing requirement). Since you're using Gusto, I'd recommend double-checking that they're set to file your 941 automatically for you. Most payroll services offer this as part of their service, which can save you from having to worry about the filing deadlines and form preparation. If they're not handling the filing, make sure you know exactly when your Q1 form is due (April 30th) and set that reminder now. Also, don't forget that as a new employer, you might be subject to semi-weekly deposit schedules depending on your payroll amounts. Gusto should handle this automatically, but it's worth confirming so you don't accidentally miss any deposit deadlines. The deposit penalties can be pretty steep even for small amounts. You're asking all the right questions - keep it up!

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This is really helpful advice about checking with Gusto! I'm actually dealing with a similar situation as a new employer and hadn't thought about verifying whether my payroll service handles the actual 941 filing or just the tax deposits. That's a crucial distinction that could save someone from missing deadlines. Thanks for pointing out the semi-weekly deposit schedules too - I had no idea that was even a thing for new employers. The learning curve is definitely steep when you're starting out!

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Ava Williams

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Great question, Kristin! I went through the exact same confusion when I first became an employer. The March 12 date threw me off completely, but here's what I learned: You absolutely need to file Form 941 for Q1 since you had payroll in that quarter (March 17-31). The "0" on line 1 is correct because you didn't have employees during the pay period that included March 12, but you still report all wages paid from January 1 - March 31 on the rest of the form. Think of line 1 as a government headcount snapshot, while the rest of the form captures your actual tax obligations for the full quarter. This is super common for businesses that hire mid-quarter - the IRS sees it all the time. Since you're using Gusto, definitely verify whether they're filing the 941 for you or just handling deposits. Some payroll services do both, others just handle the money side. Either way, your Q1 deadline is April 30, so you've got time to get it sorted. Welcome to the employer club - it gets easier once you understand the rhythm of quarterly filings!

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