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5 My restaurant does something weird where they add an "assumed cash tip" percentage to our reported income even when we honestly report everything. Is that legal??
8 That sounds like what's called "allocated tips." If the total reported tips at a restaurant don't reach 8% of the establishment's gross receipts, the employer is required to allocate the difference among the employees. This is reported on your W-2 in box 8. You're still only legally obligated to pay taxes on your actual tips received, not the allocated amount. However, if the allocated amount is higher than what you're reporting, that could potentially trigger questions from the IRS. Good record keeping is your best defense.
Been serving for about 2 years now and wanted to share what I've learned about cash tip taxes since I was in the same confused boat when I started! Yes, when you report cash tips on your checkout form, those get added to your total taxable income for that pay period. Your employer should then withhold taxes on ALL your tips (cash + credit card) from your paycheck. This is why you'll sometimes see really small paychecks even after a good night - the taxes on your cash tips are being taken out of your credit card tip money. One thing that caught me off guard early on: if you have a really good cash night but low credit card tips, there might not be enough in your paycheck to cover all the tax withholding. When that happens, you'll owe the difference when you file your taxes in April. My advice is to set aside about 25-30% of your cash tips in a separate envelope or savings account, just in case. Better to have too much saved than get hit with a surprise tax bill! Also definitely keep your own daily tip log - don't just rely on what the restaurant tracks.
This is super helpful advice! I'm also pretty new to serving (about 6 months) and that tip about setting aside 25-30% of cash tips is gold. I learned the hard way when I had a week of mostly cash tips and my paycheck was like $12 because all the tax withholding came out of my small credit card tip amount. The separate savings account idea is smart too - I've just been stuffing cash in a drawer which is definitely not the most organized approach. Do you use any particular method for tracking your daily tips or just a simple notebook?
2 Make sure you keep ALL your receipts and documents! I did some independent contracting last year and got audited because I claimed a home office deduction without proper documentation. What a nightmare!
22 What kind of documentation did they ask for? I'm using one bedroom of my apartment exclusively as an office for my freelance work.
Great question! As a fellow independent contractor, I'd strongly recommend setting aside 25-30% of your gross income for taxes. This covers both federal income tax and the dreaded self-employment tax (15.3% for Social Security and Medicare). Since you're new to this, definitely look into making quarterly estimated tax payments if you expect to owe more than $1,000. The IRS penalties for underpayment can add up quickly! For deductions, you're in a great position as a swim instructor. Definitely track your mileage - use the standard mileage rate (currently around $0.67/mile for 2024). Keep a detailed log of every trip to clients' homes. Other deductions to consider: swim equipment, certifications, liability insurance, phone usage for scheduling, and even a portion of your internet if you use it for business communications. One tip: open a separate business checking account and credit card. It makes tracking expenses so much easier come tax time. Also consider getting a simple mileage tracking app - MileIQ or similar services can save you hours of manual record-keeping. Don't forget about the Qualified Business Income (QBI) deduction either - you might be able to deduct up to 20% of your business profit!
This is really helpful advice! I'm completely new to self-employment taxes and had no idea about the quarterly payments. When you say "if you expect to owe more than $1,000" - is that $1,000 total in taxes, or $1,000 beyond what I might have already paid through withholding from my regular W-2 job? I have a full-time job where taxes are withheld, and the swim lessons would just be extra income on the side. Also, do you have any specific recommendations for liability insurance? I hadn't even thought about that but it makes total sense when I'm working at people's homes and pools.
Great question about the $1,000 threshold! That's $1,000 in additional taxes owed beyond what's already been withheld from your W-2 job. So if your regular job withholding covers your full-time income taxes but you'll owe $1,000+ on the swim lesson income, then you'd need to make quarterly payments. The IRS looks at your total tax liability for the year. For liability insurance, I'd recommend checking with your current renters/homeowners insurance first - some policies offer small business riders. Otherwise, look into companies like NEXT Insurance or Simply Business for affordable general liability coverage. As a swim instructor, you'll definitely want protection in case of accidents. Some certifying organizations (like Red Cross) also offer group insurance options for instructors. The separate business accounts are a game-changer for organization - makes everything so much cleaner when tax season rolls around!
Slightly off topic but has anyone used cost segregation with bonus depreciation for apartment buildings recently? My K1 shows huge depreciation but I'm worried about depreciation recapture when we sell the property in 5-7 years. Especially since bonus depreciation is phasing down now (80% for 2023, 60% for 2024, etc). Seems like it just creates a tax time bomb for later.
You're absolutely right to be concerned about depreciation recapture! With bonus depreciation, you're essentially accelerating deductions that would normally be spread over 27.5 years for residential rental property. When you sell, all that bonus depreciation gets recaptured at a 25% rate (plus any regular depreciation recapture). The math can be brutal - if you took $200K in bonus depreciation over a few years, you're looking at $50K in recapture taxes at sale. Some investors are actually electing out of bonus depreciation for this reason, especially if they're not real estate professionals who can use the losses against ordinary income. One strategy to consider is a 1031 exchange when you sell to defer the recapture, but that just kicks the can down the road. The other approach is to make sure the tax savings today (especially if you can use them against high ordinary income rates) exceed the future recapture costs when discounted to present value. Have you run projections on what the recapture will look like at your expected sale price and timeline? It might influence whether you even want to elect real estate professional status or just treat it as passive income.
fr fr they're straight up robbery
Just want to add that you should also look into the Additional Child Tax Credit if you qualify. With your income level and 2 kids, this could add even more to your refund on top of what others mentioned. Also make sure you have all your documents ready - W2, childcare receipts, etc. The IRS is pretty backed up this time of year so having everything organized will help speed things up!
This is super helpful advice! @Anastasia Kuznetsov Do you know if there s'a specific order I should file things in to avoid delays? Like should I wait for all my forms before starting or can I file as soon as I get my W2?
Katherine Ziminski
Just FYI for anyone dealing with tax equalization - make SURE you understand how they're calculating your hypothetical tax. Some companies use a really simplified formula that doesn't account for all the deductions and credits you might normally claim. Also, watch out for state taxes in the calculation. If you've established residency overseas and cut ties with your home state, you shouldn't be paying state hypo tax, but some companies still include it.
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Noah Irving
ā¢This! My company tried to calculate my hypo tax based on my pre-expat state of California, even though I had officially changed my residence to Florida before moving overseas. That's a massive difference! Had to fight with HR for months to get it corrected.
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Zainab Abdulrahman
This is exactly why I wish I had known about these issues before my company implemented their tax equalization program. I ended up losing about $15K annually in tax benefits that I was getting from FEIE, and the company basically pockets that difference since I'm in a low-tax jurisdiction. One thing I learned the hard way - READ THE FINE PRINT on your tax equalization agreement. Mine had a clause that said any "windfalls" (including FEIE benefits) go back to the company. I had no idea what I was signing at the time. If you're still in the negotiation phase, try to get them to at least give you a detailed breakdown of how your specific situation will be affected. Don't just accept their generic "you'll be tax neutral" explanation - demand to see the actual numbers based on your last few years of returns. Also, document everything about your current tax situation now while you still can file independently. If you ever leave the company or they change the policy, you'll want that baseline to return to normal filing.
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