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Anybody know if net investment income is also subject to the additional Medicare tax? I'm in a similar MFS situation but also have some investment income.
There's actually a separate tax called the Net Investment Income Tax (NIIT) that applies to investment income at 3.8% when you're over certain thresholds. It's similar to but different from the Additional Medicare Tax. For Married Filing Separately, the NIIT threshold is also $125,000. So if your MAGI exceeds $125,000, your investment income (interest, dividends, capital gains, etc.) would be subject to this additional 3.8% tax. It's calculated on Form 8960, not Form 8959 which is for the Additional Medicare Tax on wages.
Just wanted to add a practical tip for anyone dealing with this situation - if you know you're going to owe Additional Medicare Tax because of the withholding/threshold mismatch, consider making estimated tax payments throughout the year to avoid underpayment penalties. I learned this the hard way when I was MFS and earning around $160k. Even though my employer wasn't withholding the additional Medicare tax (since I was under $200k), I still owed it at the $125k threshold. The IRS hit me with an underpayment penalty because I didn't make quarterly payments to cover the gap. You can use Form 1040ES to calculate and make these payments online. It's much easier than dealing with a surprise tax bill and penalty in April.
This is such an important point that I wish more people knew about! I'm new to this whole Medicare tax situation since I just started earning over the threshold, and I had no idea about the underpayment penalty risk. Quick question - when you calculate the estimated payments on Form 1040ES, does it automatically account for the Additional Medicare Tax or do you have to add that manually? I'm trying to figure out how much I should be paying quarterly to avoid getting hit with penalties like you did.
Has anyone used both Guideline and Gusto for the retirement plan setup? I'm trying to figure out if having them integrated makes it easier to claim these Secure Act 2.0 credits or if it's basically the same no matter which provider you use.
We use the Gusto + Guideline integration for our 15-person company and it's been great. The integration makes it super easy to manage contributions and Guideline provided documentation specifically for claiming the Secure Act credits. They automatically track qualifying expenses which made Form 8881 much easier to complete.
I've been following this thread closely as I'm in a similar situation with my small consulting firm (6 employees, also S-Corp structure). Based on everyone's experiences here, it sounds like the key is making sure you have proper documentation of all setup costs and that your payroll provider can generate the right reports for Form 8881. One thing I'd add - if you're already using Gusto, they actually have some built-in retirement plan options that qualify for Secure Act 2.0 credits. You might want to check with them specifically about their 401(k) offerings rather than going with a separate provider. Sometimes having everything integrated makes the reporting cleaner come tax time. Also, since you mentioned being confused about the credits - the IRS actually published some updated guidance in late 2023 (Notice 2023-75) that clarifies a lot of the questions people have been asking in this thread. Worth checking out if you want the official details rather than relying on third-party interpretations.
Thanks for mentioning Notice 2023-75! I've been struggling to find clear official guidance on these credits. Just looked it up and it's exactly what I needed - especially the part about how the employer contribution credit works for different business structures. One question though - do you know if there are any deadlines we need to be aware of for setting up the retirement plan to qualify for the 2024 tax year credits? I'm worried we might be cutting it close if we wait much longer to get started.
Does anyone know if there are different GILTI rules for different industries? We're in software development with significant IP held offshore, and I'm not sure if there are specific provisions we need to be aware of.
GILTI itself doesn't have industry-specific rules, but it definitely hits tech and software companies harder because of how it targets returns on intangible assets. Since your business model is centered around IP, you'll likely have a higher GILTI inclusion than businesses with lots of foreign tangible assets (like manufacturing). The qualified business asset investment (QBAI) exemption that reduces GILTI only applies to tangible assets, not IP assets. That's why many software companies get hit particularly hard - they have high foreign income but low tangible asset bases offshore.
I've been following this discussion with great interest as someone who's also navigating GILTI complexities. One thing I haven't seen mentioned yet is the impact of timing differences between U.S. and foreign tax years on GILTI calculations. Our family business has operations in the UK where the tax year ends in March, while our U.S. tax year is calendar year. This creates some tricky situations for calculating the foreign tax credits and determining which year's foreign taxes can be credited against which year's GILTI inclusion. Also, for those dealing with multiple foreign subsidiaries, don't forget about the tested loss rules. If one of your CFCs has a tested loss in the same tax year that another has tested income, the loss can reduce your overall GILTI inclusion. This can be particularly beneficial if you have operations in different stages of development or seasonal businesses. The recordkeeping requirements for GILTI are also pretty intense - you need to track basis in foreign subsidiaries, foreign tax payments, and depreciation schedules for tangible property on a CFC-by-CFC basis. I'd recommend getting your documentation systems set up properly from the start rather than trying to reconstruct everything later.
Something else to consider - check if you have any other income that isn't having taxes withheld, like investments, side gigs, etc. My husband and I were in the same boat until we realized our investment income wasn't being factored into our withholding.
Another thing to consider is making quarterly estimated tax payments if your withholding still falls short after updating your W4s. Since you both got promotions mid-year, the withholding system might not have caught up to your new income levels quickly enough. You can calculate quarterly payments based on either 100% of last year's tax liability or 90% of this year's expected tax (110% if your AGI was over $150k). This gives you a safety net if your W4 adjustments aren't quite right, and you avoid underpayment penalties. The IRS Form 1040ES has worksheets to help calculate this, or you can make payments online through EFTPS. It's especially helpful for people with variable income or multiple income sources.
That's really helpful advice about quarterly payments! I never knew about the 100% of last year's tax rule. Since we owed $5,200 this year, would that mean we could pay quarterly payments based on our previous year's total tax to avoid penalties? And can you make these payments even if you're also having taxes withheld from your paycheck?
Lena Kowalski
Has anyone addressed the issue of self-employment taxes in this scenario? If the kids are paid through the Family Management LLC as independent contractors, they'll owe self-employment tax (15.3%) on their earnings. If they're employees of the LLC, the LLC will need to handle payroll taxes. Either way, there's no avoiding FICA taxes completely in this arrangement, which is something to factor into your calculations.
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DeShawn Washington
β’There's actually an exception for children under 18 employed by a parent's sole proprietorship or partnership (if only parents are partners). They're exempt from FICA taxes. But this doesn't apply to corporations or LLCs taxed as corporations, so the structure matters.
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Emma Wilson
This is a solid tax strategy if executed properly, but I'd strongly recommend getting everything documented before you start. The key is making sure the work arrangement has genuine business substance. A few practical tips from my experience with similar setups: 1. Have your kids punch in/out with a simple time tracking system - even a basic app works 2. Create written job descriptions that match what outside contractors would do 3. Pay them via direct deposit to their own bank accounts (not cash) 4. Keep the LLC and S-Corp completely separate - different bank accounts, proper invoicing between entities One thing to watch: if your kids are under 18 and this is structured as a sole proprietorship or partnership (with only you and your spouse), they may be exempt from FICA taxes. But since you're talking about an LLC structure, that exemption likely won't apply. The expenses you listed (car payments, school tuition, etc.) are perfectly fine uses of their earned income. Once they're legitimately paid for real work, it's their money to spend as they choose. Just make sure the compensation is reasonable for the work performed - research what you'd pay outsiders for similar services and use that as your benchmark.
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Aaliyah Reed
β’This is really helpful advice! I'm just starting to explore this option for my own family business and wondering about the practical side - how do you handle the invoicing between the S-Corp and LLC? Do you need formal contracts or is a simple invoice sufficient? Also, when you mention researching what you'd pay outsiders - are there specific resources you'd recommend for finding market rates for things like office cleaning and data entry performed by teenagers? I want to make sure I'm setting fair compensation that won't raise any red flags.
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