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Ask the community...

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  • DO NOT post call problems here - there is a support tab at the top for that :)

Adriana Cohn

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Don't forget about state taxes too! Unemployment is taxable income in most states, but some states actually exempt it. What state are you in? That could make a big difference in what you owe.

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I'm in Pennsylvania. I totally forgot about state taxes! Do different states have different thresholds for when you need to file?

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Adriana Cohn

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Yes, Pennsylvania does tax unemployment benefits. Their filing threshold is lower than the federal one - you generally need to file a PA tax return if you have more than $33 in total taxable income. Pennsylvania has a flat income tax rate of 3.07%, so you'd potentially owe state tax on your unemployment benefits. There are some credits and deductions available that might reduce what you owe, but you'll definitely need to file a state return in addition to your federal return.

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I was in the EXACT same boat last year! Had about $10k in unemployment plus a few hundred from random gigs. Used TurboTax free version and it was pretty easy. Ended up getting a small refund cuz of the Earned Income Credit which I didn't even know I qualified for.

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Melody Miles

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TurboTax isn't actually free a lot of times though. They make you upgrade to paid versions for certain forms. I'd recommend FreeTaxUSA instead - it's actually free for federal and only $15 for state.

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One aspect of C-corp compensation that hasn't been mentioned yet is the dividend strategy. If you're moving to part-time and the business is profitable, you could consider a combination of reasonable salary + dividend distributions to shareholders. The benefit is that while dividends are subject to double taxation, they don't incur payroll taxes. For a company with stable profits like yours, establishing a dividend policy might make sense if you're looking to provide regular returns to your investors as well. Just make sure your salary comes first and is defensibly "reasonable" before you start declaring dividends. Documentation is key!

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Xan Dae

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What about accumulated earnings tax though? If the C-corp retains too much profit without a business purpose, couldn't they get hit with that penalty?

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You're absolutely right to bring that up. C-corporations that accumulate earnings beyond the reasonable needs of the business ($250,000 is generally the threshold) can face the Accumulated Earnings Tax, which is a 20% penalty tax. However, if the company can demonstrate specific, definite, and feasible plans for the retained earnings - like future expansion, equipment purchases, paying down debt, or even building reserves for contingencies - these can justify keeping cash in the business. It's important to document these plans in your corporate minutes and have financial projections to support them.

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Have you considered the option of electing S-Corp status instead? Since you mentioned that you're not planning to raise more capital and are running this as a smaller operation now, an S-Corp could potentially give you more tax flexibility. The main benefits would be avoiding double taxation and having more options for taking profits out of the business. You'd still need to pay yourself a reasonable salary, but the remaining profits could pass through without the additional layer of corporate tax.

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I've thought about S-Corp, but we have some complications - we have foreign investors from the angel round, and I believe S-Corps can't have non-US shareholders? Also, if we did ever want to raise more money in the future or pursue an acquisition by a larger company, my understanding is that C-Corp is more attractive to those types of buyers.

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Hannah White

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Just adding my experience dealing with this exact situation two years ago. Make sure you get a proper valuation of the Roth IRA as of the date of death. This becomes critical for determining the taxable portion of any distributions. Also, don't forget that estates have a very compressed tax bracket schedule - they hit the highest tax rates much faster than individual returns. When I handled my mom's estate, I had to withhold about 37% on the earnings portion of her Roth IRA that went through probate because the estate had other income that pushed it into the highest bracket.

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Thanks for mentioning this. How did you determine what portion was earnings versus contributions? Did the financial institution provide that breakdown or did you have to calculate it somehow?

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Hannah White

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The financial institution should provide statements showing the breakdown between contributions and earnings. Ask specifically for a "basis and earnings statement" as of the date of death. Most major brokerages and banks can generate this report. If they can't provide it for some reason, you'll need to track down old contribution records. The original Roth contributions are your basis, and everything above that amount is considered earnings. The 1099-R you receive when the distribution happens should also code whether it's a qualified or non-qualified distribution, which helps determine taxability.

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One important thing nobody's mentioned yet: the tax rules differ depending on when the Roth IRA was established relative to your father's passing. If he established it less than 5 years before his death, different rules apply even if the contributions were made longer ago. Also, as executor, you might want to look into doing a "Roth IRA rescue" if possible. Sometimes you can distribute directly to the heirs instead of the estate, which could preserve the tax-free nature. Might be too late if probate is already underway, but worth asking your estate attorney about.

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Mateo Silva

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I tried the "Roth IRA rescue" approach last year and it worked! Had to file some additional paperwork with the financial institution showing I was the sole heir, but saved about $8,200 in taxes that would have been paid by the estate if it had gone through probate normally.

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Nina Chan

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Something nobody mentioned yet - if you pay employees instead of contractors, you can take advantage of the Section 199A qualified business income deduction more effectively. With contractors, their fees aren't considered part of your qualified business income, but with employees, their wages reduce your QBI but can result in a higher overall deduction depending on your income level. Also, with employees, you have more flexibility with reimbursement plans like an accountable plan that lets you reimburse business expenses tax-free to employees without it counting as income to them. This can be huge for things like vehicle usage, tools, and certifications in construction!

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Ruby Knight

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Can you explain more about this accountable plan thing? I've never heard of it and I'm currently paying my workers extra to cover their gas when they drive between job sites, which I know isn't ideal tax-wise.

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Nina Chan

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An accountable plan is basically a formal arrangement where your business reimburses employees for business expenses without that reimbursement counting as taxable income to them. To qualify, you need three things: business connection (expenses must be job-related), adequate accounting (employees must provide documentation like receipts), and return of excess payments (employees must return any excess reimbursements). For your situation with gas between job sites, instead of paying extra taxable income, you could reimburse actual mileage at the IRS rate (currently 67 cents per mile for 2023). The employee doesn't pay tax on this reimbursement, and you still get the deduction. You'll need employees to track their mileage and submit documentation, but there are easy apps for this. Much better than grossing up wages to cover gas which creates additional payroll taxes for both you and the worker.

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Has anyone used Gusto or QuickBooks payroll for a small construction crew? I'm in the same boat, considering switching my 5 contractors to employees and wondering which payroll system handles construction-specific things like prevailing wage jobs and certified payroll reports. Also concerned about how to transition without making the guys feel like they're losing freedom.

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I use QuickBooks Payroll for my remodeling business with 7 employees. It's decent for basic payroll but struggles with complex construction-specific reporting. For certified payroll on government jobs, I ended up using an add-on called LCPtracker. The main benefit is how it ties directly to my accounting, but the reporting for construction specifically is mediocre.

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Thanks for the insight on QuickBooks. Good to know about the limitations with construction reporting. Does it at least handle job costing well? I need to track labor costs per project really carefully.

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Asher Levin

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Don't overlook the installment agreement option. I had a $65k tax debt and managed to get on a 72-month payment plan. The key is requesting a "streamlined" installment agreement if you qualify (debt under $50k can be streamlined up to 72 months, over $50k is usually 72-84 months but requires more financial disclosure). You might also want to request a Collection Due Process hearing (Form 12153) if you received a Final Notice of Intent to Levy. This gives you time to present alternatives before they start taking your assets. Whatever you do, DON'T ignore it hoping it'll go away. Tax debt is one of the few things that can follow you pretty much forever, and the penalties and interest make it grow fast.

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Serene Snow

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Is there any way to get the penalties removed? The original tax amount is bad enough, but the penalties are what's making my balance completely unmanageable.

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Asher Levin

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Yes, you can request penalty abatement through the IRS First-Time Penalty Abatement program if this is your first time having compliance issues. Even if you don't qualify for first-time abatement, you can request abatement for reasonable cause if your situation merits it (serious illness, natural disaster, or other circumstances beyond your control). The process involves writing a penalty abatement letter explaining your situation and why you believe the penalties should be removed. You'll need to specifically request abatement of the failure-to-pay penalty, which is likely a significant portion of what's been added to your original tax amount. The IRS looks at your prior compliance history and the efforts you've made to comply when considering these requests.

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Has anyone here used a tax resolution company? I'm considering hiring one to help with my situation but the fees seem really high ($3-5k) and I'm not sure if they can do anything I couldn't do myself with enough research.

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I used one last year and honestly regret it. Paid $4500 upfront and they basically just filled out the same forms I could have done myself. They promised they could settle my $40k debt for pennies on the dollar, but in the end, the IRS rejected their offer and I ended up on a standard payment plan anyway. Total waste of money in my experience.

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