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Have any of you run into issues with reasonable compensation analysis in this situation? Our company's CPA keeps warning us that the IRS might challenge our arrangement if my salary as an employee seems too low compared to the profits distributions I receive as a member.
That's usually more of an S-Corp issue rather than an LLC with profits interests. But your CPA has a valid concern if the arrangement seems designed to avoid employment taxes. The IRS could potentially look at the total compensation package and recharacterize some of the distributions as wages if your employee salary is artificially low.
This is a really insightful discussion! I'm dealing with a similar situation where I received profits interests in my company earlier this year. One thing I haven't seen mentioned yet is how this affects quarterly estimated tax payments. Even though my regular salary continues to have proper withholdings as a W-2 employee, I'm wondering if I need to start making quarterly payments for the profits interest portion. Since there won't be any withholding on potential K-1 distributions, I'm concerned about underpayment penalties if the company has a profitable year. Has anyone had to adjust their estimated payments after receiving profits interests? I'm trying to figure out if I should start making quarterlies now or wait until I actually receive distributions to see what the tax impact will be.
Anyone else getting nervous about claiming these credits at all? I've been hearing about increased IRS scrutiny on ERTC claims and potential "promoter investigations" targeting firms that help businesses claim them.
Legitimate claims with proper documentation shouldn't be a problem. The IRS is mainly targeting obviously fraudulent claims and aggressive promoters making false promises. If you truly qualify and have your documentation in order, you should be fine. I claimed for Q3-Q4 2021 as a Recovery Startup Business, and Q2 under the partial suspension rules with zero issues. Just make sure you can back up every aspect of your claim with solid evidence.
I went through a very similar situation with my consulting business that started in March 2021. Like others have mentioned, the Recovery Startup Business provision only applies to Q3 and Q4 2021, so you can't use that for Q2 qualification. However, I was able to successfully claim Q2 2021 ERTC under the partial suspension rules. Many states had capacity restrictions, mask mandates, or other operational limitations that qualified as "partial suspension" even if businesses weren't completely shut down. The key is documenting exactly which government orders affected your specific business operations during Q2 2021. I had to gather state executive orders, local health department guidelines, and industry-specific restrictions that were in place during that time period. Even things like reduced capacity limits or mandatory operational changes can qualify. Since you had 8 employees in Q2, you could potentially claim up to $7,000 per employee ($56,000 total) if you qualify. That's significant money worth investigating properly. I'd recommend either using one of the analysis tools mentioned here or speaking directly with the IRS to confirm your eligibility before filing, since the documentation requirements are quite specific.
Has anyone considered that this might qualify as a 60-day indirect rollover? As long as you put the same amount back into the same or different IRA within 60 days, it should count as a rollover, not a contribution. The key is that you only get one indirect rollover per 12-month period across all your IRAs.
That's true about the once-per-year limitation, but the coding is still important. If the custodian coded it as a "contribution" rather than a "rollover deposit," the IRS computers will flag it since contributions require earned income. The custodian will issue a Form 5498 showing a contribution, not a rollover.
This is exactly the kind of situation where getting proper documentation is crucial. I went through something similar last year and learned the hard way that the IRS doesn't automatically treat same-amount transactions as rollovers just because they seem logical to us. The most important thing is to act quickly if you're still within the 60-day window. Contact your IRA custodian immediately and request that they recode the transaction from a "contribution" to a "rollover." You'll need this in writing - don't just rely on a phone conversation. Get a letter or amended statement showing the correct coding. If you're past the 60-day mark, you'll need to remove the excess contribution as others have mentioned. The key is to be proactive about this before tax season. I waited too long and ended up paying the 6% penalty for a full year before getting it sorted out. The IRS computers are very literal about these transaction codes, so make sure your paperwork tells the right story.
Just be careful with "creative" deductions like this. My friend tried to write off his golf club membership as a business expense because he "networked" there. Got audited and had to pay back taxes plus penalties. The IRS doesn't mess around with personal expenses disguised as business ones!
As a tax professional, I want to emphasize what others have said - family gym memberships are almost never deductible as business expenses. The IRS has very specific criteria for business deductions, and they must be "ordinary and necessary" for your particular trade or business. Even if you occasionally discuss business at the gym, the primary purpose of the membership is personal fitness for you and your family. The IRS looks at the primary purpose, not incidental business use. Including your spouse and kids makes this clearly a personal family expense. If you want legitimate business deductions, focus on actual business necessities: office supplies, professional development, business insurance, equipment directly used for client work, etc. These are much safer deductions that won't raise red flags. My advice? Keep the gym membership as a personal expense and look for other legitimate business deductions. It's not worth the audit risk for a questionable claim.
Marcus Marsh
Does anyone know if Venmo or PayPal payments count as "cash" for Form 8300? I have some clients who prefer to pay that way and sometimes the amounts are over $10k.
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Hailey O'Leary
ā¢PayPal and Venmo payments are considered electronic transfers, not cash, so they don't require Form 8300 filing regardless of the amount. However, there are different reporting requirements for payment apps now. If you receive more than $600 in business payments through these platforms in a year, they're required to send you and the IRS a 1099-K reporting that income. This is separate from Form 8300 requirements though.
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Marcus Marsh
ā¢That's super helpful, thanks! I've been getting the 1099-Ks already, so I'm covered on that front. I was just worried I was missing some additional Form 8300 filing requirement for the larger transactions. One less form to worry about!
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Zoe Papadopoulos
This is really helpful information! I've been running a small business for about two years now and honestly had no idea about the distinction between different payment types for Form 8300. I've been getting direct deposits and checks from clients, with some payments over $10k, and was worried I might have missed filing requirements. It's reassuring to know that electronic transfers don't count as "cash" for this form. I was starting to panic thinking I might owe penalties for not filing forms I didn't even know I needed to file! One question though - if a client pays part of an invoice with a wire transfer and part with actual cash (like if they wanted to use up some physical currency they had), and the total is over $10k, would I need to report just the cash portion or the entire combined payment?
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