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Ask the community...

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Anna Stewart

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I went through exactly this transition last year! Left my SEP open with the existing money and started a 401k when I brought on employees. One thing to watch for - make sure you properly document the termination of new contributions to the SEP (even though there's no formal closure). I kept a corporate minute in my company records noting the board decision to freeze the SEP and establish the new 401k. My accountant said this creates a clear paper trail if there's ever a question about why we stopped SEP contributions for the business.

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Layla Sanders

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Smart tip about the corporate minutes! Did you also need to notify the financial institution where your SEP was held that you were discontinuing contributions? Or did you just stop sending money?

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Lucas Schmidt

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I didn't formally notify the financial institution - I just stopped making contributions. The SEP IRA custodian doesn't need to be told you're discontinuing contributions since there's no ongoing obligation to fund it anyway. They'll still send you statements and the account remains active for investment purposes. The corporate minutes were really just for our own documentation to show we made a deliberate business decision rather than accidentally forgetting to contribute. My CPA said it's good practice for audit defense, especially since we switched to offering a different retirement benefit to employees.

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Great question! I actually went through a similar transition when my consulting business grew. You're on the right track - you can absolutely leave your existing SEP IRA open with the current funds and simply stop making new contributions when you switch to the 401(k) plan. Since you'll have employees in 2025, continuing SEP contributions would require you to contribute the same percentage for all eligible employees, which gets expensive fast. The 401(k) route gives you much more flexibility with different contribution levels and employee matching options. One practical tip: when you set up the new 401(k), check if the plan allows incoming rollovers from IRAs. If so, you might want to roll your SEP funds into the 401(k) to consolidate everything in one place. This can also help if you ever want to do backdoor Roth conversions later, since having money in traditional IRAs complicates that strategy due to the pro-rata rule. The transition timing is perfect since you're doing it at the start of a new tax year. Just make sure your 401(k) plan document is properly drafted to handle the contribution types you want (employee deferrals, employer matching, profit sharing, etc.).

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Paolo Longo

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This is really helpful, especially the point about checking if the new 401(k) allows incoming rollovers! I hadn't thought about the backdoor Roth implications either. Quick question - when you mention getting the 401(k) plan document "properly drafted," are there specific provisions I should ask for beyond the basic employee deferrals and matching? I want to make sure I don't limit my options down the road if the business continues to grow.

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Don't forget to check your state tax rules too! Some states have different rules for gambling deductions than federal. For example, here in NJ, we can deduct gambling losses up to the amount of winnings even if we take the standard deduction on our federal return. But across the river in NY, they follow the federal rules and require itemizing. It can make a HUGE difference depending on where you live!

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Jason Brewer

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Good point! In MA we can't deduct gambling losses at all on state taxes even if we itemize federally. It's completely different.

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Sofia Ramirez

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Really appreciate all the detailed advice here! I'm dealing with a similar cross-year situation and the session tracking approach sounds like a game-changer. One thing I'm wondering about - for those casual poker nights with friends that Wesley mentioned, how do you handle documentation when there's no formal record? I play in a regular home game where we just settle up with cash at the end of the night. Should I be asking everyone to sign something or just keep my own detailed log of buy-ins and cash-outs? Also, does anyone know if the IRS has specific guidance on what constitutes "adequate records" for informal gambling? I want to make sure I'm covering myself properly since these home games make up a big chunk of my gambling activity.

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Omar Farouk

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Great question! I was in almost the exact same situation last year - my husband has a small business and I work a regular W-2 job. We switched from filing separately to jointly and saved about $2,800. The key things that helped us were: the higher standard deduction for joint filers, better tax brackets on our combined income, and access to education credits we couldn't get filing separately. Plus, his business qualified for the QBI deduction which worked out better with our joint income. One thing to watch out for - if your wife's business has any irregular expenses or potential audit issues, filing jointly does mean you're both liable for any problems. But for most legitimate businesses, this isn't a real concern. I'd definitely recommend running the numbers both ways before deciding. Most tax software will let you see both scenarios before you file. In your income range, joint filing usually comes out ahead unless there are some unusual circumstances.

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Emma Morales

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This is really helpful! I'm curious about the education credits you mentioned - we're thinking about going back to school part-time. Does filing jointly automatically make you eligible for those, or are there other requirements we need to meet? Also, when you say "irregular expenses" for the business, what kind of things would be red flags that might make separate filing safer?

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For education credits, filing jointly does make you eligible for credits like the American Opportunity Credit and Lifetime Learning Credit that aren't available when filing separately. But you still need to meet other requirements - like being enrolled in an eligible program, not exceeding income limits, etc. The income limits are much higher for joint filers though, which is why it often works better. As for business "red flags" - I'm thinking things like unusually high meal/entertainment deductions, excessive home office claims, or business expenses that look more personal (like claiming a family vacation as a business trip). If your wife's business has straightforward, well-documented expenses, filing jointly shouldn't be a concern. The liability issue is more about if there's ever a dispute about whether expenses were legitimate business costs. @f8a45d51ebc4 - did you guys run into any issues when you switched from separate to joint filing? I'm always worried the IRS will question why we changed.

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Honorah King

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I've been following this thread with interest since my situation is very similar! My spouse runs a small graphic design business as a sole proprietor, and we've been filing separately for the past three years thinking it would protect my income from any potential business issues. After reading all these responses, I'm realizing we might be leaving money on the table. The QBI deduction discussion was especially eye-opening - I had no idea that could work differently with joint vs separate filing. One question I haven't seen addressed yet: if we decide to switch to joint filing this year, do we need to amend our previous returns too, or can we just start fresh with this year's return? Also, are there any deadlines we should be aware of for making this decision? Thanks to everyone who's shared their experiences - this has been incredibly helpful for those of us navigating business ownership within a marriage!

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Javier Cruz

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Something no one's mentioned yet - as a full-time student with self-employment income, you might qualify for the American Opportunity Tax Credit or Lifetime Learning Credit. These education credits can significantly reduce your tax bill!

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Zainab Omar

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Ohhh that's really good to know! I'm paying for school partially out of pocket so that could be super helpful. Does tuition I paid in 2023 count for the 2023 tax year, or is it based on when classes actually happen?

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Emma Wilson

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Important note: The American Opportunity Credit has an income limit. With $13,500 you're fine, but if tutoring takes off even more, be aware the credit starts phasing out at higher income levels.

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Max Reyes

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As someone who's been tutoring for a few years now, I can confirm everything others have said about this being self-employment income. One thing I wish I'd known earlier - keep a simple spreadsheet tracking each tutoring session with date, student name (or initials for privacy), hours worked, and amount paid. This makes tax filing SO much easier. Also, since you're making good money from tutoring, consider setting aside about 25-30% of each payment in a separate savings account for taxes. Between federal income tax and self-employment tax, you'll owe a decent chunk. Having it already saved prevents the shock at tax time! The Roth IRA opportunity is huge - definitely take advantage of that. Starting retirement savings in college puts you way ahead of most people. You can contribute for 2023 until the tax filing deadline (usually April 15th), so you still have time to make that contribution if you want.

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Roger Romero

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This is such great practical advice! I wish someone had told me about the 25-30% rule when I started my own tutoring business. I made the mistake of spending all my tutoring income as I earned it and then got hit with a massive tax bill. The spreadsheet tip is gold too - I started doing this halfway through my first year and it made such a difference. I'd also suggest taking photos of any receipts for tutoring supplies or mileage logs right when you get them. I lost so many deductions because I couldn't find receipts later. One question though - do you report tutoring income as it's earned or when you actually get paid? I have a few families that sometimes pay me a week or two late.

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I've seen this happen multiple times with clients (I'm not a tax pro, just experienced with these issues). Here's what could be happening: β€’ Your tax preparer didn't set up a refund transfer β€’ Your name change is causing verification issues β€’ SBTPG's system hasn't updated yet β€’ The IRS is sending your refund directly to your bank I'm always skeptical when people say "don't worry about it," because these issues CAN cause delays. But in this case, if your transcript shows code 846, your money is definitely on the way somewhere. Check your bank account first before panicking.

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RaΓΊl Mora

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I went through something similar after my name change! The good news is that if your transcript shows the refund approved with code 846, your money is definitely coming. SBTPG only handles refunds when you specifically chose to have your tax prep fees deducted from your refund - if you paid your preparer directly, there wouldn't be an SBTPG account at all. The name change issue is real though - I had to update my name with Social Security first, then it took a few weeks for all the systems to sync up. Check your bank account on the direct deposit date from your transcript. If it doesn't show up there, then you know the refund went through SBTPG and you'll need to contact them about the name mismatch.

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