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One thing to watch out for with multi-state S corp situations - some states (like California) have minimum franchise taxes that apply regardless of income amounts or loss situations. Your S corp might end up owing $800+ to California even if the K-1 shows minimal profit or even a loss! I learned this the hard way.
Is that true even if the S-corp doesn't have any physical presence in California? Just getting a K-1 from a partnership that does business there is enough to trigger the franchise tax?
Yes, unfortunately. California considers having income sourced to the state (even through a partnership) as creating nexus. So if your S corp is a partner in a partnership doing business in California, the S corp generally has to pay the $800 minimum franchise tax, even without physical presence there. It's particularly painful if your client is a small S corp that only invested a small amount in a larger partnership. Some states are more aggressive than others about this, but California is definitely one of the strictest.
Has anyone used a PTE (Pass-Through Entity) tax election to help with this multi-state mess? My understanding is that if the S-corp makes this election in states that offer it, it can pay tax at the entity level which might simplify things for the individual shareholder and provide SALT cap workarounds.
We did this last year for a similar situation in NY, CT and CA - all three have PTE elections that worked well. Big benefit was getting around the $10k SALT deduction limit on the owner's 1040. But you have to be careful about timing - some states require you to make the election before the tax year ends.
Just wanted to add something important: If you decide to go the guaranteed payment route, remember these payments are subject to self-employment tax for your sister. Make sure she's aware she'll need to make quarterly estimated tax payments on this income. Our LLC does something similar, and we actually gross up the payments to help cover the SE tax burden so our member isn't surprised by a big tax bill.
Can you explain how the "gross up" works? Do you just pay them more to cover the taxes, or is there some specific calculation?
We basically increase the payment amount to account for the roughly 15.3% self-employment tax they'll owe. So if we want them to net $1,000 after SE tax, we'd pay about $1,180 instead. There's no perfect calculation because their actual tax situation depends on all their other income and deductions, but this is a rough approximation that helps prevent surprises. We record the full grossed-up amount as the guaranteed payment on their K-1.
Does anyone know if there are any circumstances when an LLC COULD issue a 1099-NEC to a member? My accountant insists it's possible in certain situations but I'm not convinced.
To add another perspective, I use a CPA for my business who handles all the e-filing for me. The fee is worth it for peace of mind, especially since tax laws change constantly. My CPA has her own ERO credentials and I never have to think about any of this stuff. Not the cheapest option, but after making a costly mistake trying to DIY my taxes a few years ago, I decided professional help was worth it. Just another option to consider if the whole process is giving you a headache.
What's the ballpark cost for having a CPA handle an 1120S for a small business? My biggest concern with hiring someone is cost since we're pretty straightforward (just retail sales, no crazy deductions or situations).
For my business, which is similar in size to yours (about $280K in revenue), I pay around $1,200 for the 1120S preparation and filing. That includes quarterly check-ins and some basic tax planning. I know that might seem expensive compared to software that costs $150-200, but the CPA found enough legitimate deductions to more than cover her fee. The peace of mind is the biggest benefit though. No stress about making mistakes or missing deadlines. Plus, if there's ever an audit or question from the IRS, she handles all communication. For me, the cost is just another business expense that actually provides real value.
One thing no one's mentioned yet - if you do use software to e-file your 1120S, make sure it's actually authorized for business returns. Not all tax software handles business returns, and even fewer handle corporation returns like 1120S. I learned this the hard way last year when I bought the wrong version of a popular tax software and had to upgrade at the last minute to actually file my S-corp return electronically. Double-check before you buy!
Great point! I use Drake Software for my small business and it handles all the business forms including 1120S. It's less known among casual users but very popular with tax professionals. The interface isn't as pretty as TurboTax but it gets the job done at a reasonable price.
I went through this exact situation when working in Germany last year. Here's what I learned: The substance of your work relationship matters more than the paperwork. Since you're bearing all the costs and they're not withholding anything, you have a strong case for self-employment status. I filed Schedule C as self-employed, deducted legitimate business expenses (saved about $7,000 in taxes), and carefully documented everything. I also kept a copy of my contract showing I was responsible for my own expenses. One tip: make sure you're tracking any foreign taxes paid in Malaysia so you can claim the Foreign Tax Credit properly. Form 1116 is your friend here. If you're really concerned, consider getting a written statement from the Malaysian company describing your working relationship that emphasizes the independent contractor aspects of your arrangement.
Thanks for sharing your experience! Do you think it matters that my contract with the Malaysian company says "employment agreement" in the title, even though the substance of the relationship is more like self-employment? Did you have a similar issue with your German contract?
The title of the contract isn't as important as the actual terms within it. My German agreement also said "employment contract" but the IRS looks at the substance of the arrangement more than the labels. Make sure you highlight aspects of your arrangement that support self-employment: you paying your own expenses, setting your own schedule when possible, using your own equipment, and the lack of typical employee benefits. In my case, I included a memo with my tax return briefly explaining why I was filing as self-employed despite the contract title, focusing on these substantive factors. The key is being consistent and having documentation to back up your position if questioned.
Has anyone used TurboTax for this kind of situation? I'm in a similar boat (working for a company in Singapore for 4 months) and wondering if the software can handle this complexity or if I need to find a tax professional.
I used TurboTax last year for a similar situation working in Thailand. It does handle Schedule C for self-employment and Form 1116 for Foreign Tax Credit, but honestly the questionnaire was confusing for international situations. I ended up having to manually override some things and do quite a bit of research on my own. If your situation is straightforward self-employment, it might work fine, but if there are complexities, you might want a professional who specializes in expat taxes.
Thanks for the insight! I might try TurboTax first since my situation isn't super complex, but keep a tax professional as backup if I get stuck. Did you find any specific resources that helped you figure out the overrides you needed to make?
Evelyn Rivera
From my experience doing taxes for ride-share drivers, the biggest audit trigger isn't the total amount but claiming 100% business use of your vehicle when you also use it personally. The IRS knows most people use their cars for both. Make sure you're tracking both business and personal miles so you can show the percentage used for business. If you claim 90%+ business use, that's much more likely to raise flags than the actual dollar amount. Also, round trips to temporary work locations are totally deductible!
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Lydia Bailey
ā¢That's really helpful info! I definitely use my car for personal stuff too. Is there a percentage that's considered "safe" by the IRS, or does it just need to be honest and accurate? And do you recommend any simple ways to track the personal vs business split?
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Evelyn Rivera
ā¢There's no "safe" percentage - it just needs to be honest and reflect your actual usage. The IRS knows different professions have different typical business use percentages. A real estate agent might legitimately have 75-80% business use, while someone who occasionally meets clients might be 20-30%. For tracking, the simplest method is recording your odometer reading on January 1 and December 31, then keeping a log of all business miles. Subtract business miles from total annual miles to get personal miles. Some clients just take a photo of their odometer on the first and last day of the year as documentation. Phone apps like MileIQ or Everlance can also automatically track trips if you want something more automated.
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Julia Hall
Just a warning from someone who went through a mileage audit - if you're claiming more than about 15,000 business miles without VERY solid documentation, you're significantly increasing audit risk. Mine was triggered by claiming around 20k miles with only partial records. They didn't just question the mileage either - once they started digging into that, they reviewed EVERYTHING. Ended up costing me way more in accounting fees than what I saved on the deduction.
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Arjun Patel
ā¢Oof, that sounds rough. Did you have to pay back taxes and penalties too, or just the accounting fees to deal with it?
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