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I'm a retired accountant and worked with several passive investment S-Corps over the years. Here's the practical reality: 1) Pure investment S-Corps are in a grey area for reasonable compensation requirements 2) What matters is substantiating that minimal to no actual services are being performed 3) Document through corporate minutes the passive nature and automation of investments 4) Consistency is key - if you claim it's passive, make sure your activities match that claim 5) Consider a minimal salary if you're doing ANY administrative work at all (even a few hours monthly) The real risk isn't necessarily audit (though that can happen) but potential reclassification of distributions which can trigger back taxes, penalties, and interest if they determine services were being performed.
Would keeping a log of hours worked (which would be basically zero) help document this? I have a similar situation but with a small rental property in my S-Corp that basically runs itself through a property management company. I literally spend maybe 2-3 hours per YEAR on it.
Yes, a log of hours would be extremely helpful documentation. For your situation with just 2-3 hours annually, that's exactly the type of minimal involvement that supports a no/low salary position. I'd recommend documenting not just the hours but specifically what you do during those hours. Show that you're only making high-level oversight decisions while the property management company handles all the actual work. Include copies of your property management agreement in your corporate records to further substantiate your minimal involvement.
Has anyone considered the Schedule K basis implications? When you take distributions, you need sufficient basis, and different types of income affect basis differently. Treasury interest increases basis, but distributions reduce it. If distributions exceed basis, you could end up with taxable gain. Also, watch out for the accumulated earnings tax if you've been accumulating excessive cash without a business purpose - though S-Corps usually avoid this since income passes through anyway. My accountant recommended documenting a specific business purpose for holding the cash (like future investments) and then documenting the reason for distributions now (change in investment strategy, etc.).
The accumulated earnings tax doesn't apply to S-Corps, only C-Corps. S-Corps are pass-through entities where income is taxed to shareholders regardless of whether it's distributed. The penalty you're probably thinking of is for personal holding companies, which is different.
If you overfiled 1099s to companies that don't need them, the biggest issue I've seen is that it can trigger unnecessary correspondence with those vendors. Some corporations will see a 1099 and reach out asking why you sent it when they're exempt, creating more work for both of you. Also, be careful about 1099-K vs 1099-NEC confusion. If you paid someone through PayPal, Venmo (business), credit card, etc., you should NOT issue a 1099-NEC because the payment processor will issue a 1099-K. Double reporting can cause headaches for the recipient.
Thanks for mentioning the payment processor issue - I forgot about that! So if I pay an individual contractor through PayPal business, I shouldn't send them a 1099-NEC at all? What if it was a mix of PayPal and check payments?
Correct - if you paid through PayPal business, Venmo business, credit card, or similar electronic payment networks, you don't need to issue a 1099-NEC for those specific payments. The payment processor handles the reporting through 1099-K. If you paid the same contractor through a mix of methods, you only issue a 1099-NEC for the portion paid by check, cash, or direct bank transfer. You'd exclude any amounts paid through those electronic payment networks. Just make sure you keep good records of which payments were made through which methods so you can accurately report only the non-electronic payment amounts.
I actually work for a company that received like 30 unnecessary 1099s last year because we're an S-corp! It doesn't hurt us really, but it does create extra reconciliation work. One thing nobody mentioned is the state reporting requirements. Some states require you to file 1099 information with them separately from the IRS filing. If you're over-filing 1099s, you might create extra work for yourself on the state side too.
Do you just ignore the incorrect 1099s? Or do you have to do something specific when you get one as an S-corp?
One thing nobody's mentioned yet - if you make below a certain amount, you might not even need to file taxes at all. For 2024, if you make less than $13,850 as a single person, you generally don't have to file (though you still might want to if your employer withheld taxes, so you can get a refund). Also, since you mentioned living with your grandparents - are they claiming you as a dependent? That's another factor that affects how you file and what benefits you might be eligible for.
I think I'll make around $18,000 this year if I keep working the same hours, so I guess I will have to file? And yes I'm pretty sure my grandparents claim me as a dependent since I live with them and they pay for most of my stuff. Does that change things?
Yes, at $18,000 you'll definitely need to file a tax return. Being claimed as a dependent does change things a bit. You won't be able to claim your own personal exemption, and there are some credits you might not qualify for. Make sure to check the box on your tax return that says someone else can claim you as a dependent. This is important because if you don't check it but your grandparents claim you, it will create problems for both returns. Also, as a dependent with income, you'll need to file your own return - your grandparents can't include your income on their return.
Random tip since ur new to this: SAVE YOUR W-2!! When my job gave me mine last year I just tossed it in a drawer and then couldn't find it when I needed to do my taxes. Had to request a new one and it delayed everything. Maybe take a pic of it with your phone too as backup.
This!!! Also, set a calendar reminder for mid-February to check if you've received your W-2. If you haven't gotten it by February 15th, you should contact your employer. They're legally required to send it by January 31st.
Something nobody has mentioned yet - check if your annuity payment includes any premiums for additional features like life insurance or long-term care. Sometimes those are bundled in and reduce your monthly payment. Those premiums might be tax-deductible separately depending on your situation. Also, if this is a commercial annuity (not from an employer plan), part of each payment might be non-taxable return of principal. The formula for figuring this out is on IRS Publication 939 and uses your "exclusion ratio." Your 1099-R should have this broken down, but sometimes providers get it wrong.
Where would I find this exclusion ratio information? My 1099-R doesn't specifically mention it anywhere that I can see. Is it something I need to calculate myself?
The exclusion ratio isn't typically listed directly on the 1099-R, but you can determine it from the information provided. Look at Box 1 (gross distribution) and Box 2a (taxable amount) - if Box 2a is less than Box 1, that suggests part of your payment is considered return of principal. You can calculate your exclusion ratio by dividing your investment in the contract (what you paid in) by the total expected return (what you expect to receive over the lifetime of the annuity). Your annuity provider should have given you this information when you purchased the annuity or when payments started. If not, definitely call them and ask for your "exclusion ratio" or "exclusion percentage" specifically - they'll know what you're talking about.
Heads up - if your annuity is from a qualified retirement plan like a 401k or traditional IRA, the entire payment is usually taxable (which might explain the withholding). But if you purchased the annuity with after-tax money, only the earnings portion is taxable. Also, if you're under 59½, there might be an additional 10% early distribution penalty unless you qualify for an exception. That might explain some of the difference between your gross and net amounts.
This might explain my situation! Im 56 and started taking payments from an annuity i rolled my 401k into when i left my job. They're taking out more than 20% total and I couldn't figure out why!
Ella Knight
You should look into Opportunity Zone investments. I used this to defer capital gains from some Tesla stock I sold last year. Basically, you invest your capital gains into qualified opportunity zone funds within 180 days of realizing the gains, and you can defer paying tax on those gains until 2026. Not only that, but if you hold the opportunity zone investment for 10+ years, any NEW gains from THAT investment can be completely tax-free. Pretty sweet deal if you're willing to invest in these developing areas.
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William Schwarz
ā¢I've heard mixed things about Opportunity Zone investments. Aren't they pretty risky since they're in economically distressed areas? Also, don't you still eventually have to pay the original capital gains tax anyway?
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Lauren Johnson
Everyone's giving investment advice, but don't forget the basics: make sure you're calculating your cost basis correctly! If you've reinvested dividends over time, those increase your cost basis and reduce your taxable gains. Same with any fees paid. Also when you sell, specifially identify which shares you're selling rather than using the default FIFO (first in, first out) method. This lets you choose the highest-cost shares to sell, which minimizes your gain. Most brokerages allow this but you have to select it when selling.
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Isaac Wright
ā¢Thanks for bringing this up! My broker (Fidelity) does let me choose specific shares, but I never really paid attention to it before. So if I bought shares at different prices over time, I should sell the ones I paid the most for first to reduce my taxable gain? Do I need to keep detailed records of this or does the broker track it all?
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Lauren Johnson
ā¢Exactly - by selling the shares with the highest purchase price first, you're reducing the taxable gain on this year's transactions. For example, if you bought 100 shares at $10 in 2020 and another 100 at $20 in 2021, and now they're worth $25, selling the $20 shares first means you only pay tax on $5 per share gain instead of $15. Most major brokers like Fidelity will track this for you and provide the information on your tax forms. However, it's always smart to keep your own records as a backup, especially if you've transferred assets between brokers. You should also be consistent with your method - if you start using specific identification, stick with it rather than switching between different methods.
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