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I did exactly what you're asking about last year and ended up getting a notice from the IRS. Had to refile and pay penalties plus interest. Even my accountant missed this! S-corp owners HAVE to be W-2 employees if they're performing services. end of story.
How much were the penalties? I think I might have messed this up last year but haven't heard anything from the IRS yet.
I had to pay about $3700 in penalties plus the additional employer-side payroll taxes I should have been paying all along. Plus I had to amend my personal return since I had incorrectly filed Schedule C income. The bigger hassle honestly was correcting all the paperwork and getting back in compliance. The IRS actually told me I was lucky they caught it early - apparently the penalties get much worse if they determine you're intentionally trying to avoid payroll taxes. They were reasonable since I could show it was a legitimate misunderstanding.
Just wanted to chime in as someone who made this exact mistake when I first started my S Corp. I thought I was being clever by avoiding payroll taxes, but it backfired spectacularly. The IRS has very specific rules about S Corp shareholder-employees - if you're providing services to the corporation (which you clearly are as an IT consultant), you MUST be treated as an employee with proper W-2 wages. The "reasonable salary" requirement exists specifically to prevent what you're thinking about doing. The whole point of an S Corp is that you pay employment taxes on your salary, then take additional profits as distributions (which aren't subject to SE tax). If you could just pay yourself as a contractor, everyone would do it to avoid payroll taxes entirely. My advice: set up proper payroll for yourself immediately. Yes, it's more paperwork and you'll pay both sides of payroll taxes on your salary portion, but it's the only compliant way to do this. The tax savings on your distributions will more than make up for it, and you'll avoid the audit risk and penalties that come with trying to game the system.
This is really helpful advice, thank you! I'm curious - when you say "reasonable salary," did you find any good resources for determining what that should be for IT consulting work? I'm worried about setting it too low and getting flagged, but also don't want to pay more payroll taxes than necessary. Did you use any specific benchmarking tools or just go with what similar W-2 positions pay in your area?
@f95cd05f9a9d Great question! When I went through this, I ended up using a combination of approaches. First, I looked at Bureau of Labor Statistics data for IT consultants in my metro area - that gave me a baseline range. Then I researched what similar W-2 positions were paying on sites like Glassdoor and Indeed. The key thing I learned is that your salary should reflect what you'd reasonably pay someone else to do the same work you're doing for the S Corp. So if you're doing high-level consulting work that would command $80-100k as a W-2 employee, you can't justify paying yourself $40k just to minimize payroll taxes. I ended up settling on about 60% of my total S Corp income as salary, with the rest as distributions. That felt defensible based on the market data I gathered. My CPA said that ratio was reasonable for someone who's essentially the sole revenue generator for their consulting practice. The IRS publication 15-A has some guidance on this, and definitely document your reasoning in case you ever need to justify it later!
Has anyone else noticed that the HSA contribution limits for 2020 are way lower than 2023? I just saw that for 2023 they're $3,850 individual and $7,750 family. Wish they'd bump these up more aggressively with inflation - healthcare costs are insane these days!
This is a really helpful thread! I'm in a similar situation but with a twist - I'm 24 and on my dad's HDHP, but I also have a part-time job that offers an HSA. My employer keeps telling me I can contribute the family amount since I'm "on a family plan," but based on what everyone's saying here, that sounds wrong. It seems like the consensus is that since I'm only covering myself (even though I'm on someone else's family plan), I should only be able to contribute the individual limit of $3,550 for 2020. Is that right? I'm worried my employer's HR department is giving me bad advice and I'll end up with penalties. Also, does it matter that my dad probably isn't contributing to an HSA at all? He's not really into that stuff and just uses the insurance for basic coverage. Would that change anything about my contribution limits?
OP I've been a full-time youtuber for 3 years now and the biggest mistake I made was trying to DIY my taxes the first year. Even with all the online advice, I missed so many legit deductions and probably overpaid by thousands $$$. My advice: find a CPA who works with content creators specifically. Regular tax preparers often don't understand our weird mix of expenses and income streams. Might cost $300-500 for tax prep but you'll likely save way more than that in deductions they'll find that you'd miss.
Any tips on finding a CPA who actually understands content creation? I went to one last year and they had no clue what Twitch was or how sponsorship deals work. Made me feel like I knew more than they did which wasn't reassuring.
Start by asking other creators in your network who they use. There are also some Facebook groups for content creators where people share recommendations for CPA services. Look for someone who has experience with social media businesses specifically - they'll immediately understand terms like CPM, affiliate marketing, etc. If you can't find a specialized CPA locally, many now work remotely with clients nationwide. I actually found mine through Twitter when I saw them posting tax tips specifically for YouTubers. When you interview potential CPAs, ask specific questions about your income streams to gauge their familiarity. Any CPA who's worked with creators before won't be confused by concepts like subscribers, monetization requirements, or platform percentage cuts.
Just my two cents - be careful with deducting things you haven't used yet. My brother got audited last year for his small business and the IRS was particularly interested in equipment he'd purchased but hadn't deployed in his business yet. He ended up having to prove he had a legitimate business need for the items at the time of purchase. He had emails and business plans showing his intent, so he was fine, but it was definitely a stressful experience.
What kind of documentation did he end up showing them? Just curious what actually satisfies the IRS in these situations.
This is really helpful to know! What kind of documentation did your brother use to prove business intent? I'm in a similar boat with some camera equipment and editing software I bought but haven't had a chance to use yet. I want to make sure I'm keeping the right records in case I ever get audited.
One thing I haven't seen mentioned yet is keeping detailed records of your cleanup and restoration costs too. After Hurricane Michael, I learned that reasonable costs for cleaning, repairs, and even temporary storage while dealing with the damage can sometimes be included in your casualty loss calculation. Also, if you're dealing with contaminated floodwater like you mentioned (sewage backup), make sure to document any health-related expenses from exposure. While medical costs aren't part of the casualty loss itself, they might be deductible as medical expenses if they exceed the threshold. For your antique valuation issue, consider reaching out to local auction houses or estate sale companies. Many of them can provide informal estimates based on photos, and having that professional opinion documented in writing adds credibility to your claim. Even if it's not a formal appraisal, it shows you made a reasonable effort to establish fair market value. The key is showing the IRS that you acted in good faith and used reasonable methods to determine values. Your photos of the damage are actually really valuable evidence that many people forget to take, so you're ahead of the game there.
This is really helpful advice about cleanup costs! I hadn't thought about including those expenses. After Hurricane Elena, we had to rent a storage unit for three months while dealing with the garage cleanup, plus we paid for professional mold remediation because of the sewage contamination. Can you clarify what types of cleanup costs are actually deductible? We spent about $2,500 on the storage unit and another $3,800 on professional cleanup services. I'm assuming the storage costs would count since we needed it because of the disaster damage, but I'm not sure about the cleanup services - would those be considered repairs or part of the casualty loss? Also, great point about reaching out to auction houses for the antiques. There's a well-known estate sale company in our area that specializes in vintage furniture, so I'll contact them with my photos. Having some professional backing for those values would definitely make me feel more confident about the numbers I'm putting on the forms.
I want to add something important about the sewage contamination aspect that hasn't been fully addressed. When floodwater contains sewage (which you mentioned), the IRS actually allows you to claim the full replacement cost for certain contaminated items rather than just fair market value, since they're considered a health hazard that can't be properly cleaned. This is particularly relevant for your clothing, mattresses, and upholstered furniture that were soaked in contaminated water. For these items, you can often claim what it would cost to replace them with similar items today, not just their depreciated value before the hurricane. This can significantly increase your deductible loss. You'll want to clearly document which items were exposed to sewage contamination versus clean floodwater. Take photos that show the water line and any visible contamination, and keep records of any professional recommendations you received about disposal of contaminated items. Also, regarding your FEMA payment - make sure you understand exactly what it covered. If FEMA designated some of that $1,350 for specific items (like temporary housing assistance), those amounts might not reduce your casualty loss for different categories of property. You should have received documentation from FEMA breaking down what the payment was intended to cover. Have you considered consulting with a tax professional who specializes in disaster losses? Given the complexity with the sewage contamination and the mix of antiques and regular household items, it might be worth the cost to ensure you're maximizing your legitimate deductions while staying compliant.
Amara Eze
Has anyone else noticed that the 1099-NEC instructions are super unclear about family care situations? I read through them twice and still couldn't figure out if my mom's caregiver payments needed to go on Schedule C or not.
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Giovanni Ricci
ā¢The key factor is "trade or business" - if caregiving is something you do regularly for profit, it's Schedule C. If it's occasional family help with compensation, it's more likely Schedule 1. The instructions are definitely vague though!
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Justin Chang
Based on the details you've provided, it sounds like your family care company should issue 1099-NEC forms rather than 1099-MISC. The NEC form is specifically for non-employee compensation for services, which is what you're receiving - compensation for caregiving services you'll provide to your dad. For tax reporting, since this is a one-time payment for occasional family caregiving (not a regular business you operate), you would likely report this income on Schedule 1 of Form 1040 as "Other Income" rather than on Schedule C. This means you wouldn't owe self-employment tax on this payment. The key factors supporting this treatment are: 1) You don't do caregiving as a regular business, 2) It's a one-time payment rather than ongoing regular income, 3) The services are flexible family support rather than structured business activities, and 4) You're all retired/employed in other fields. However, given the complexity of your family's legal and financial arrangement, I'd strongly recommend confirming this with a tax professional who can review all the specifics of your situation. The distinction between casual family help with compensation versus operating a caregiving business can have significant tax implications.
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CosmicCruiser
ā¢This is really helpful, thank you! I'm new here but dealing with a similar situation with my grandmother. The distinction you made about "one-time payment for occasional family caregiving" versus "regular business" really clarifies things for me. I've been worried about whether helping my grandmother with doctor appointments and daily tasks would trigger self-employment tax, but it sounds like since it's not my regular profession and the payment arrangement is informal, Schedule 1 treatment makes sense. @Justin Chang - when you mention confirming with a tax professional, do you think this is something most CPAs would be familiar with, or should I look for someone who specializes in family care arrangements?
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