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Ask the community...

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StarGazer101

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Has anyone used a PTE (Pass-Through Entity) tax election to help with this multi-state mess? My understanding is that if the S-corp makes this election in states that offer it, it can pay tax at the entity level which might simplify things for the individual shareholder and provide SALT cap workarounds.

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We did this last year for a similar situation in NY, CT and CA - all three have PTE elections that worked well. Big benefit was getting around the $10k SALT deduction limit on the owner's 1040. But you have to be careful about timing - some states require you to make the election before the tax year ends.

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Aisha Patel

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This is exactly the kind of situation that keeps me up at night! I've been there with multi-state S-corp partnerships. A few quick tips from my experience: 1. Don't panic - you have time to sort this out properly. Most states have reasonable deadlines for S-corp returns. 2. Start by making a spreadsheet listing each state on the K-1s, the income amounts, and research each state's filing thresholds. Some states like Delaware have pretty high thresholds ($20k+) while others are much lower. 3. Remember that even if the S-corp has to file in multiple states, your client might qualify for composite return filing in some states, which can simplify the individual filing burden. 4. Check if any of the states offer voluntary disclosure programs if you discover you should have been filing in prior years but weren't. The good news is this is becoming more common with real estate partnerships and investment funds, so there are established procedures. Just take it one state at a time and you'll get through it!

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Does anyone know if HSA contributions work the same way? My employee wants to contribute to her HSA through payroll and I'm not sure if I need to pay employer taxes on that portion.

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HSA contributions made through a Section 125 Cafeteria Plan (which is how most employer HSA programs are set up) are exempt from BOTH income tax AND FICA taxes - similar to health insurance premiums. So you as the employer would NOT pay Social Security or Medicare taxes on those HSA contribution amounts. This is actually one of the few pre-tax benefits that's exempt from all taxes, making it very tax-advantageous for both employers and employees!

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Yuki Ito

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This is such a common source of confusion for small business owners! I went through the exact same thing when I first started my business. The key thing to remember is that retirement contributions like 401k and SIMPLE IRA are "pre-tax" for income tax purposes, but they're still considered wages for FICA (Social Security and Medicare) purposes. So in your example with the $65,000 salary and $25,000 retirement contribution, you'll pay employer FICA taxes on the full $65,000. The employee's income tax withholding will be calculated on $40,000, but that doesn't affect your employer tax obligations. One tip: make sure your payroll system is set up correctly to handle these different tax treatments. I learned this the hard way when I had to file amended returns because my initial setup was wrong. It's worth double-checking with your payroll provider that they're calculating employer taxes on the pre-deduction amounts for retirement contributions. Hope this helps clarify things while you're waiting for your accountant to return!

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Luca Conti

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Thank you so much for breaking this down! As someone who's just starting to navigate payroll for my small consulting business, this distinction between income tax treatment and FICA tax treatment was exactly what I needed to understand. Your point about double-checking the payroll system setup is really valuable - I can see how easy it would be to get this wrong and end up with compliance issues later. Did you have to pay penalties when you filed those amended returns, or was the IRS understanding since it was an honest mistake? I'm currently evaluating different payroll providers and this is definitely something I'll ask them about during the demos. Do you have any recommendations for payroll systems that handle these tax distinctions well for small businesses?

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NebulaNomad

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Depends on your situation tbh. What forms are you filing? Any businesses? Investments? Rental income?

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Zainab Ahmed

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Nah just regular w2 employee stuff nothing fancy

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NebulaNomad

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Then yeah youre getting absolutely fleeced my guy 😬

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Evelyn Xu

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That's absolutely outrageous for a basic W-2 return! I'm a CPA and can tell you that $1,300 is what we'd charge for complex business returns with multiple entities. For a standard individual return, you should be paying $150-300 max. After 10 years, she's definitely taking advantage of your loyalty. I'd recommend getting quotes from other preparers or trying software like TurboTax/TaxAct first - you'll probably save over $1,000!

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This is really helpful coming from a CPA! I had no idea I was being so overcharged. Definitely going to shop around next year - $1000+ savings would be huge for my budget. Thanks for the reality check!

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Freya Larsen

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I filed an amendment electronically on March 14, 2024, and it was accepted by the IRS the same day. Just got my additional refund on May 2nd - so about 7 weeks total. Such a relief compared to last year when I filed a paper amendment on February 10th and didn't see my refund until July! Electronic is definitely the way to go.

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It's important to note that while electronic amendments are processed faster, per IRS Publication 5188, the official processing time is still listed as "up to 16 weeks" even for electronic submissions. Your experience of 7 weeks is on the faster end of the spectrum, which is great, but others should be prepared for potentially longer timeframes.

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Just wanted to add that if you're unsure about whether your deduction qualifies or how to properly claim it on the amendment, the IRS has some helpful resources on their website. Publication 17 (Your Federal Income Tax) has a comprehensive section on amendments, and there's also the Interactive Tax Assistant tool that can help you determine if amending is the right choice for your situation. Better to double-check the details before filing than to have to amend the amendment! Also, make sure you have all your supporting documentation ready - the IRS may request it even for electronic filings.

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Connor Byrne

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This is really helpful advice! I didn't know about the Interactive Tax Assistant tool - that sounds like exactly what I need to make sure I'm not missing anything else. Better safe than sorry when it comes to getting it right the first time on the amendment. Thanks for mentioning Publication 17 too, I'll definitely check that out before I submit anything.

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Liam McGuire

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Great question! As someone who's been through this exact confusion, here's what I've learned about per diem for sole proprietors: Your accountant is right - you can use GSA per diem rates for meals and incidentals (M&I) but you'll still need actual receipts for lodging. The GSA website has a per diem lookup tool where you can enter your destination cities and get the exact daily rates. A few key things to remember: - First and last days of travel are prorated at 75% of the full daily rate - You'll only be able to deduct 50% of the meal portion when filing taxes (though the calculation is done after applying per diem) - Keep a simple travel log with business purpose, dates, locations, and who you met with - this is required even when using per diem For your upcoming Atlanta/Denver trip, definitely look up the county-specific rates since metro areas can have different rates by county. The per diem method will save you from keeping track of every meal receipt, but you'll still need documentation showing the business nature of your travel. One last tip: if you do any entertaining of clients during these trips, those meals have different rules and you'll want to track those separately with actual receipts.

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This is really comprehensive, thank you! Just to clarify - when you mention that client entertaining has different rules, do you mean I should always keep receipts for those meals even if I'm using per diem for my regular travel meals? Also, is there a threshold for what counts as "entertaining" versus just grabbing lunch during a business meeting?

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Great question about entertainment expenses! Yes, you should keep actual receipts for client entertainment meals even if you're using per diem for your regular travel meals. The IRS has stricter documentation requirements for entertainment expenses. The line between a business meal and entertainment can be blurry, but generally: if you're discussing business during the meal with a client/prospect, it's typically considered a business meal. If you're taking them to dinner at an upscale restaurant, sporting event, or entertainment venue primarily to build relationships, that's more likely entertainment. For entertainment expenses, you need receipts showing the amount, date, place, business purpose, and the business relationship of the people involved. Plus entertainment meals are subject to the same 50% deduction limitation as regular business meals (though this can vary based on specific circumstances). My advice: when in doubt, keep the receipt and document the business purpose. It's better to have more documentation than you need than not enough if you get audited.

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Lena Schultz

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One thing I'd add from my experience as a sole proprietor who travels frequently - make sure you understand the difference between "high-cost" and "standard" locations when looking up GSA rates. Cities like Denver and Atlanta might have higher per diem rates than you expect, especially during peak seasons or special events. Also, I learned this the hard way: if you're combining business and personal travel (like extending a business trip for a weekend vacation), you need to be really careful about which days you can claim per diem for. You can only use per diem rates for the days that are primarily business-related. For tracking, I use a simple note-taking app on my phone where I log each day's business activities immediately. Takes 30 seconds but creates a solid paper trail. Then I just export it to a spreadsheet at tax time. Way easier than trying to reconstruct everything months later! One last tip - if you're staying at extended stay hotels or places with kitchenettes, you might want to consider tracking actual meal expenses instead of using per diem, especially if you're cooking some of your own meals. Sometimes the actual expense method works out better financially in those situations.

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Miguel Ortiz

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This is really helpful advice about high-cost locations and mixed business/personal travel! I hadn't thought about the extended stay hotel scenario either. Quick question - when you say "primarily business-related" days, is there a specific percentage threshold the IRS uses, or is it more of a judgment call? Like if I have meetings until 3 PM and then do tourist stuff the rest of the day, does that still count as a business day for per diem purposes? Also, what note-taking app do you recommend? I've been trying to remember to jot things down but often forget until the end of the day when the details are fuzzy.

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