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Does anyone know if the court ruling affects the penalties for non-compliance? I heard the penalties were supposed to be pretty severe - like $500/day and potential criminal charges for willful violations. If the courts eventually uphold the CTA, could they still enforce penalties for the time period when we thought we didn't have to file?
As I understand it, if the injunction is eventually overturned and the BOI requirements are upheld, FinCEN would likely establish new compliance deadlines rather than trying to enforce the original ones retroactively. It would be pretty unreasonable to penalize businesses for non-compliance during a period when a court order explicitly stated they didn't have to comply. The penalties are indeed significant - civil penalties of $500 per day for violations, plus potential criminal penalties including imprisonment for willful violations. But these would only apply to violations of whatever new deadlines might be established if the CTA is ultimately upheld.
That makes sense, thanks for the clarification! I was worried we might get caught in some kind of legal trap if we don't file now but then the requirements come back later. I'll just keep our information ready but hold off on filing until there's more clarity.
My accountant told me to just go ahead and file the BOI reports anyway despite the injunction, saying "better safe than sorry." Does that make any sense to anyone? FinCEN is still accepting filings through their website, but I'm not sure if there's any benefit to filing when it's not currently required.
I think your accountant is being overly cautious. While FinCEN's system remains operational and you technically *can* still file, there's no legal requirement to do so while the injunction is in effect. There's no penalty for not filing right now. Unless you have some very specific business reason for wanting your beneficial ownership information on file with the government during this period of uncertainty, I'd recommend waiting to see how the legal situation resolves. Just keep your information organized so you're ready if/when the requirement comes back.
Is the 25% employer contribution calculated BEFORE or AFTER the employee contribution is taken out of the W-2 wages? This always confuses me.
The 25% employer contribution is based on the gross W-2 wages, NOT reduced by the employee contribution amount. So in the original poster's case, it would be 25% of $13,500, regardless of how much they contributed as an employee. The employee contribution (traditional pre-tax) does reduce taxable income on their personal tax return, but doesn't affect the calculation for the employer contribution amount.
Thanks for explaining! That clears it up. I've been calculating it wrong all this time.
Just want to add something nobody's mentioned yet - if your LLC has high profit margins, you might actually benefit from changing your tax election from S-Corp to Schedule C sole proprietor. As a sole prop, you can contribute up to 20% of your net self-employment income as employer contributions, which could potentially be higher than the S-Corp 25% of W-2 wages if you're keeping your salary low to save on employment taxes.
That's interesting - I hadn't considered that angle. But wouldn't I end up paying more in self-employment taxes as a Schedule C that would offset the higher retirement contribution benefits?
Yes, you'd pay more in self-employment taxes as a Schedule C, so it's definitely a trade-off. Every dollar of business profit would be subject to self-employment tax, whereas with an S-Corp, only your W-2 wages are subject to employment taxes. It really comes down to running the numbers both ways. If maximizing retirement contributions is your primary goal, Schedule C might work better despite higher SE taxes. But if overall tax minimization is the goal, S-Corp usually wins. Most people find the S-Corp advantage outweighs the slightly lower retirement contribution potential, but it depends on your specific situation and priorities.
One extra tip: if you're filing multiple back years, don't use the standard Free File options. They usually only support the current and maybe previous year. I had to file 3 years back and ended up using FreeTaxUSA which supports filing returns back several years for a reasonable fee. TurboTax wanted a fortune for each past year. Also, set up an IRS online account NOW, before you need it. It takes a couple of weeks sometimes to verify your identity, and you'll want access to view your transcripts and track your refunds.
That's super helpful, thanks! Is it difficult to set up the IRS online account? I've heard horror stories about identity verification issues.
The IRS account setup is hit or miss. Make sure you have your phone in hand (they text a verification code) and a credit card or loan account number for additional verification. Most people get through fine, but about 30% of users hit snags with identity verification. If online verification fails, you'll need to either schedule a video interview or visit a local IRS office in person. The video option is much faster - usually within a week versus potentially months for an in-person appointment.
Has anyone been audited after filing multiple years of back taxes? I'm in a similar boat (4 unfiled years) and paranoid that suddenly filing everything will trigger an audit.
I filed 3 years at once back in 2023 and didn't get audited. But I made sure everything was accurate and had documentation for all my deductions just in case. From what I understand, simply filing back taxes doesn't automatically trigger an audit - it's more about what's IN those returns (unusual deductions, major discrepancies, etc).
Another important thing to consider for your American Legion is whether the gaming income is from members vs. non-members. The IRS treats income differently depending on the source. If your pull tabs and 50/50 raffles are exclusively for members, the income might qualify as "exempt function income" under section 512(a)(3)(B) rather than being subject to UBTI. This is especially true for veterans' organizations since socializing among members is considered part of your exempt purpose. Keep solid records of member vs. guest participation! We learned this the hard way at our post.
This is really helpful! We do track who's playing but never thought to separate member vs. guest gaming income. Do we need to track that separately on our books? And does it matter if the guests are paying the members who brought them, or paying directly?
Yes, you should definitely track member vs. non-member income separately in your books. This makes it much easier if you ever get audited, and helps with completing your 990 accurately. The IRS specifically looks at this breakdown for veterans' organizations. For your second question, it matters who's actually putting the money in. If the guests are paying directly for their own gaming activities, that's considered non-member income. If members are paying on behalf of their guests, that could be considered member income. The safest approach is to consider all guest payments as non-member income and track it that way. Better to be conservative with this.
Has anyone filed Form 990-T for their veteran's organization for gaming? I'm wondering what expenses we can deduct if some of our pull tab income does end up being taxable.
Yes, we file 990-T for a portion of our gaming income. You can deduct directly connected expenses - so for pull tabs, that includes the cost of the pull tabs themselves, any specific equipment for them, allocated space costs for the area where they're sold, and the portion of that paid employee's time spent on pull tabs. Just make sure you have a reasonable allocation method that you apply consistently.
Hugh Intensity
What nobody tells you about TurboTax is that they offer a completely free version that they hide from most people. Look up "TurboTax Free File" which is different from "TurboTax Free Edition". The Free File version handles most tax situations including unemployment, student loan interest, etc., as long as you make under $73,000. They deliberately make it hard to find because they want to upsell you to paid versions. I've been using the actual free version for years with no issues. Just Google "IRS Free File TurboTax" to find the real free version instead of going through their main website.
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Vince Eh
β’Wait seriously? I had no idea there was a difference between "Free Edition" and "Free File". Is the interface the same? Does it still have all the helpful guidance?
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Hugh Intensity
β’The interface is nearly identical. It has all the same guidance and error checking features as the paid versions. The main difference is they don't try to upsell you throughout the process. It does have some income limitations (you need to make under $73,000), but it handles much more complex situations than their "Free Edition" which constantly forces upgrades for basic things like student loan interest or unemployment income. Just make sure you access it through the IRS Free File page rather than TurboTax's main site.
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Effie Alexander
Has anyone tried H&R Block's software? I'm trying to decide between that and TurboTax this year. Used TurboTax last year but wasn't super impressed with their customer service when I had questions.
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Melissa Lin
β’I've used both. H&R Block's interface isn't quite as slick as TurboTax, but their prices are usually a bit lower. Their free version also covers more forms than TurboTax's free edition. Customer service was better in my experience - shorter wait times to chat with someone.
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