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Ask the community...

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Derek Olson

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Has anyone used the attribution rules to their advantage with family members? I'm thinking about giving my spouse ownership in one of my LLCs to potentially optimize our retirement contributions, but I'm not sure if that would trigger control group issues.

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Be really careful with that approach. Under family attribution rules in IRC Section 318, you're generally considered to own what your spouse owns for control group purposes. I tried something similar last year and ended up having to make corrective distributions from my Solo 401k which was a huge headache.

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Alicia Stern

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I've been following this discussion closely as someone who recently went through a similar multi-LLC Solo 401k setup. One thing I'd add is the importance of maintaining separate books and records for each entity, even if they end up not being a control group. The IRS will scrutinize whether your businesses are truly separate operations during an audit. Also, make sure you're tracking compensation from each entity separately. Even if the businesses aren't a control group, you can only contribute to a Solo 401k based on the earned income from that specific business. I made the mistake of trying to use combined income across entities and had to correct it later. The documentation from services like taxr.ai that others mentioned becomes really valuable here because it shows you considered all the rules properly. I keep mine with my tax records as backup documentation.

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This is really helpful advice about keeping separate books and records! I'm just starting to set up my second LLC and hadn't thought about the audit implications of proper documentation. When you mention tracking compensation separately, does that include things like guaranteed payments from the partnership LLC versus distributions from the sole proprietorship LLC? I want to make sure I'm categorizing everything correctly for Solo 401k contribution calculations.

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Jamal Wilson

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Hey Zara! I went through something very similar with my disability discrimination settlement last year. You're right to be confused - the lack of tax forms doesn't mean you're off the hook for reporting it. Based on my experience and what my tax attorney told me, you'll need to report the full gross settlement amount ($20,250) as "Other Income" on your Form 1040. The good news is that you can deduct the attorney fees ($6,750) as an adjustment to income on Schedule 1, Line 24 under "Attorney fees and court costs for unlawful discrimination claims." The key thing is that employment discrimination settlements like yours still qualify for the attorney fee deduction even after the Tax Cuts and Jobs Act - this is specifically preserved under IRC Section 62(a)(20). I'd strongly recommend keeping detailed records of everything: the settlement agreement, any correspondence with your attorney about the fee arrangement, and documentation showing this was specifically for disability discrimination. The IRS may not have forms from your employer, but they could still ask questions later. One more tip - if any portion of your settlement was specifically allocated to physical injury or sickness caused by the discrimination (like medical expenses for stress-related symptoms), that portion might be excludable from income under Section 104(a)(2). Check your settlement agreement to see if there's any such allocation. Good luck with your return!

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Yara Haddad

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Thanks for sharing your experience, Jamal! This is really helpful information. I'm curious - when you reported the settlement as "Other Income," did you need to include any specific description or just put the dollar amount? Also, did the IRS ever follow up with questions about your settlement, or was the documentation you kept just a precautionary measure? I'm asking because I want to make sure I handle this correctly from the start. The whole situation is already stressful enough without worrying about potential issues down the road with the IRS.

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Sophia Clark

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I've been following this thread with interest since I'm dealing with a similar situation. One thing I haven't seen mentioned yet is the timing aspect - Zara, when did you actually receive the settlement funds? The tax year for reporting is typically when you received the money, not when the case was resolved or the agreement was signed. Also, I'd recommend being very specific about the description when you report it as "Other Income." Something like "Employment Disability Discrimination Settlement" will be clearer for the IRS than just a generic description. This helps establish the nature of the income and supports your ability to deduct the attorney fees under Section 62(a)(20). One more consideration - if your settlement included any punitive damages, those are generally fully taxable regardless of the underlying discrimination claim. The settlement agreement should specify if any portion was punitive damages versus compensatory damages. The distinction can affect how different portions are taxed. Keep all your documentation organized and consider making copies for your records. Even though you didn't receive a 1099, having a clear paper trail will be invaluable if there are ever any questions about how you reported this income.

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Isabel Vega

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This is a fascinating discussion on tax reform! As someone who's dealt with the complexity of our current system, I really appreciate the elegance of your flat tax proposal. One aspect I haven't seen discussed much is how this would affect small business owners and self-employed individuals. Currently, we have a lot of business deductions that help offset the higher effective tax rates we face due to self-employment taxes. Under your system, would business expenses still be deductible? Things like equipment, office supplies, travel, etc.? If we eliminate most deductions for simplicity but keep business expenses, that creates an interesting dynamic where business owners might have significantly different effective rates than W-2 employees at the same income level. Also, I'm curious about how this would interact with retirement savings. Would contributions to 401(k)s and IRAs still be deductible, or would those be eliminated too? The current tax-advantaged retirement accounts are a major way people reduce their current tax burden while saving for the future. The more I think about it, the more I realize how many policy goals our current tax system tries to achieve beyond just raising revenue - encouraging retirement savings, homeownership, charitable giving, business investment, etc. Your proposal would essentially be saying we should achieve those goals through other means rather than the tax code.

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Liam Brown

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Great points about business deductions and retirement savings! I think you've hit on one of the biggest challenges with any flat tax proposal - what to do about legitimate business expenses versus personal deductions. Business expenses feel different to me than personal deductions because they're necessary costs of generating income. If we eliminated those, we'd essentially be taxing gross revenue instead of net income, which seems fundamentally unfair. So I'd lean toward keeping business expense deductions while eliminating most personal ones. For retirement savings, this is where the policy goals question you raised becomes really important. The current system of tax-deferred retirement accounts serves a clear public purpose - encouraging people to save for retirement so they're less dependent on Social Security. Maybe we keep those incentives but simplify them? Like a single retirement account type with consistent rules instead of the current maze of 401(k)s, IRAs, Roth IRAs, etc. You're absolutely right that our tax code currently tries to be both a revenue generator and a tool for social engineering. A true flat tax would require us to find other ways to encourage behaviors we want to promote as a society.

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As a tax professional who's worked with clients across all income levels, I think your proposal has merit but would need some refinements to be practical. The biggest issue I see is that eliminating most deductions could create unintended hardships. For example, medical expenses can be catastrophic - a family facing a serious illness shouldn't lose the ability to deduct extraordinary medical costs just for the sake of simplicity. However, I do like the core concept of high standard deductions paired with a flat rate. It would dramatically reduce compliance costs and make tax preparation accessible to almost everyone without professional help. One modification to consider: instead of eliminating ALL deductions, maybe keep a very short list of the most essential ones - medical expenses above a threshold, state and local taxes (capped), and business expenses. This preserves some fairness while maintaining most of the simplicity benefits. Regarding revenue, you could implement this gradually. Start with your proposed structure but adjust the rate and deduction levels based on actual revenue data from the first few years. This would let you fine-tune the system without the political impossibility of getting everything perfect from day one. The administrative savings alone would be enormous - both for taxpayers and the IRS. That has real economic value beyond just the tax rates themselves.

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Has anyone noticed that the calculated taxable amount of Social Security on 1040.com seems off? I entered my SSA-1099SM exactly as shown on the form, but the taxable amount it's calculating seems really high compared to last year, even though my benefits only increased by about $150 monthly.

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Ellie Perry

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Your other income might have increased which affects how much of your Social Security is taxable. The calculation is based on your "combined income" (AGI + nontaxable interest + half of your Social Security benefits). If that total crosses certain thresholds, more of your benefits become taxable.

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NeonNomad

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Just wanted to share my experience for anyone else struggling with this. I had the exact same issue with my SSA-1099SM on 1040.com and found the solution after calling their customer support. The key is that you need to look for "Social Security Benefits (SSA-1099)" specifically, not just general retirement income. In 1040.com, go to Income → Government Benefits → Social Security Benefits. There should be a dropdown that lets you select "SSA-1099SM" as the form type. One thing that tripped me up initially - make sure you're entering the gross benefits amount from Box 5 of your SSA-1099SM, not any of the other boxes. The software will automatically calculate the taxable portion based on your other income. Hope this helps save someone else the headache I went through!

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Thank you so much for this detailed walkthrough! I've been pulling my hair out trying to figure this out. Just to confirm - when you say Box 5 from the SSA-1099SM, that's the "Net Benefits Paid" box, right? I want to make sure I'm looking at the correct box since this new form layout is so confusing compared to previous years. Also, did you have any issues with the software asking for additional verification or documentation when you entered your SSA-1099SM information? I'm worried about triggering any red flags since this is my first year dealing with Social Security benefits on my tax return.

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Daryl Bright

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Just want to point out that the process might be simpler than some are making it sound. I'm from the UK selling through Amazon US, and the state I needed a permit in (Washington) had a streamlined registration process for foreign businesses. The key is researching the specific requirements of the states you're dealing with. For example, some states have simplified seller use tax returns for marketplace sellers. And five states (Alaska, Delaware, Montana, New Hampshire, and Oregon) don't even have sales tax! Look into whether you qualify for any streamlined filing programs or reduced frequency returns for smaller businesses. My permit requires filing only annually because my volume is relatively low.

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Kai Rivera

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As someone who went through this exact situation last year (I'm based in Germany selling on Amazon US), I can confirm what others have said - you absolutely need the sales tax permit first to get a valid resale certificate. One thing I'd add that hasn't been mentioned much: check if your state offers any expedited processing for foreign businesses. When I registered in Nevada for my supplier there, they had a "priority processing" option that cut the wait time from 4-6 weeks down to about 10 business days for an additional fee. Since I had suppliers waiting for my resale certificate, it was worth the extra cost. Also, don't forget about the ongoing compliance requirements. Even with Amazon handling your sales tax collection, you'll still need to file periodic returns in states where you have permits. Most states allow electronic filing which makes it easier for us international sellers, but you'll want to set up reminders since the penalties for late filing can be steep. One last tip: keep detailed records of all your wholesale purchases with resale certificates. If you ever get audited, you'll need to prove those purchases were legitimately for resale and not for your own use.

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Haley Stokes

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This is incredibly helpful, especially the tip about expedited processing! I had no idea that was even an option. As someone just starting this process, the 4-6 week wait time seemed like it would really delay my ability to work with suppliers. Quick question - when you mention keeping detailed records of wholesale purchases, do you mean just the invoices and resale certificates, or is there other documentation I should be maintaining? I want to make sure I'm set up properly from the beginning rather than scrambling later if there's ever an audit. Also, did you find the electronic filing process straightforward even with the international banking/address complications? I'm worried about how to handle things like payment methods for any taxes that might be due.

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