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Ask the community...

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Ellie Simpson

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I'm confused about one thing... when calculating the employer portion for a sole proprietor (Schedule C), is it actually 20% of net profit or is it 25% of (net profit - half SE tax)? I've seen both formulas used in different places and now I don't know which is correct.

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Oscar O'Neil

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It's 20% of net profit after deducting half of your self-employment tax. The confusion often comes from the different rates used for corporations vs. sole proprietors. For corporations, the limit is 25% of compensation. But for sole proprietors, it's effectively 20% of your net self-employment income (after the SE tax deduction). The difference is because when you're a sole proprietor, you calculate contributions based on your net earnings, whereas corporations calculate based on W-2 wages.

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This is such a helpful thread! I'm in a similar situation as a freelance writer making around $55k. One thing I learned the hard way is to also consider the timing of your contributions throughout the year. Since we don't have regular paychecks like W-2 employees, it's easy to wait until the end of the year to make a big lump sum contribution. But I found it's actually better to make quarterly estimated contributions to my solo 401(k) to smooth out cash flow and take advantage of dollar-cost averaging. Also, don't forget that you can make contributions up until the tax filing deadline (plus extensions) for the previous year. So you have until April 15th, 2025 to make 2024 contributions, which gives you some flexibility if you're still figuring out your exact numbers. One more tip - keep detailed records of all your contributions and the calculations you used. The IRS can ask for documentation years later, and having everything organized from the start will save you major headaches down the road.

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Mei Liu

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Great point about the quarterly contributions! I'm new to solo 401(k)s and was planning to just do one big contribution at year-end. How exactly do you set up quarterly contributions? Do you just transfer money to your solo 401(k) account four times a year, or is there a more formal process? Also, when you say "until the tax filing deadline plus extensions" - does that mean I could potentially make 2024 contributions as late as October 2025 if I file an extension?

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Is IRS refund adjustment ignoring Net Investment Income Tax (NIIT) from Form 8960?

I've been dealing with a weird situation with my 2022 tax return that I'm hoping someone can shed light on. Earlier this year, I had trouble getting my federal return accepted because of what seemed to be an IRS error related to Form 8960 (Net Investment Income Tax). The IRS apparently changed the 2022 instructions but didn't update their validation logic. After several attempts, my return was finally accepted on February 19th. Things seemed normal at first, but then about a week later, my refund amount disappeared completely from the "Where's My Refund" tool. This morning I checked my IRS online account and noticed something strange. For 2022, my AGI looks correct, but under "Refund Amount as Shown on Return when Filed" it shows my expected refund PLUS the amount of NIIT I had calculated on Form 8960. My transcript also shows code 570: "Additional account action pending" for March 27. I'm confident my return is accurate - I definitely owe NIIT based on my investment income and have paid it in previous years without issue. Looking at my transcript more carefully, I see that while I reported positive "TOTAL INVESTMENT INCOME," the IRS shows a negative "TOTAL INVESTMENT INCOME PER COMPUTER." My "NET INVESTMENT INCOME TAX FOR INDIVIDUALS" is a positive number, but their "NET INVESTMENT INCOME TAX FOR INDIVIDUALS VERIFIED" and "NET INVESTMENT INCOME TAX FOR INDIVIDUALS PER COMPUTER" are both zero. Could the IRS still have issues processing Form 8960 correctly? Anyone experienced something similar?

Has anyone had the IRS actually correctly process Form 8960 for 2022 yet? I'm still waiting on my refund and have the same issue - filed with investment income tax but my transcript is showing they're not calculating it correctly.

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Chris King

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My 2022 return with Form 8960 was finally processed correctly last week after being in review for almost 6 weeks. They initially showed the same error (negative investment income on their end) but eventually fixed it. The refund I received matched what I originally calculated.

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Thanks for sharing your experience! That gives me hope mine will be fixed eventually too. Did your "Where's My Refund" status change during the review period or did it just suddenly update when it was approved?

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CosmicCommander

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I'm dealing with almost the exact same situation! Filed my 2022 return in February with Form 8960, and my transcript is showing the same weird discrepancies - negative investment income on their end while I reported positive amounts, and their system calculating zero NIIT when I clearly owe it. What's frustrating is that I've filed Form 8960 successfully for the past three years without any issues. This definitely seems to be a systematic problem with how the IRS updated their 2022 processing rules. I also have the code 570 on my transcript dated March 15th. Based on what others are saying here, it sounds like we just need to wait for manual review to fix their computer errors. I'm keeping detailed screenshots of everything in case they send the wrong refund amount and try to collect it back later. Has anyone gotten any timeline estimates from IRS representatives about when these Form 8960 reviews might be completed?

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I'm in almost the exact same boat! Filed in February with Form 8960 and seeing the same issues on my transcript - their system is showing negative investment income when I clearly reported positive amounts. My code 570 is dated March 20th. From what I've gathered reading through this thread, it sounds like this is a widespread issue with how the IRS updated their 2022 processing for Form 8960. The good news is that several people here have had their returns eventually processed correctly after manual review, though it's taking 4-6 weeks. I called using that Claimyr service someone mentioned above and the IRS agent confirmed they're aware of the Form 8960 processing issues and are working through them chronologically. She said returns flagged in mid-March should be resolved by early April, but couldn't give me a more specific date. Definitely keep taking screenshots of everything! The agent also recommended downloading a complete transcript copy now as documentation in case there are any issues later with incorrect refunds.

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Ava Kim

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Anyone know if there's a threshold for how many board members can overlap before you're automatically considered related organizations? We have 2 people who serve on both our main nonprofit and our supporting foundation (out of 13 board members total on each).

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There's no specific threshold for board overlap that automatically creates a related organization status. The determination is based on several factors, including common control, supporting organization status, and economic relationship. However, with your foundation existing explicitly to support the nonprofit, you're almost certainly related organizations regardless of board overlap. The control test is just one of several ways organizations can be related. The supporting-supported relationship is a clear indicator of related status under 990 rules, even with minimal board overlap.

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This is such a helpful discussion! I'm dealing with a similar situation at our charter school network where we have a supporting foundation. One thing I wanted to add - make sure you're also checking the intermediate sanctions rules under section 4958. When you have overlapping board members between related organizations, any compensation arrangements could potentially be subject to excess benefit transaction penalties if they're not properly documented as reasonable. We learned this the hard way when the IRS questioned whether our executive director's compensation was reasonable given that she served on both boards and the foundation was paying part of her salary. We had to provide extensive documentation showing comparable salaries at similar organizations. It's worth having your compensation committee document their decision-making process and maintain records of any salary surveys or benchmarking studies used. Also, don't forget about the intermediate sanctions disclosure requirements on Schedule L - you need to report any loans, grants, or other financial transactions between the related entities, including that property lease arrangement mentioned in the original post.

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This is exactly the kind of comprehensive guidance we needed! The intermediate sanctions piece is something our board hadn't fully considered. We do have our executive involved with both organizations, and now I'm wondering if we need to retroactively document the reasonableness of compensation decisions from previous years. Quick question - for the Schedule L reporting you mentioned, does the property lease between our foundation and school need to be reported even if it's at fair market value? And should we be getting annual appraisals to document reasonableness, or is a periodic review sufficient? Our lease has been at the same rate for three years now.

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One more thing - even if you don't get any form from your employer documenting the gift card, you're still legally required to report it as income. The IRS considers all prizes and awards as taxable income unless they're very specific exceptions (which a workplace raffle isn't).

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Chris Elmeda

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But how would the IRS even know about a gift card if the employer doesnt report it? Seems like alot of unnecessary work for such a small amount tbh.

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Amina Bah

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@Chris Elmeda I get why it seems like a lot of work for $300, but it s'really about doing things correctly. The IRS might not catch a small gift card, but if they ever audit you even (for something completely unrelated ,)they could find discrepancies and that creates bigger problems. Plus, if your employer did report it somewhere and you didn t,'that s'a red flag in their matching systems. It s'honestly easier to just report it properly from the start than deal with potential issues later. The actual reporting is pretty simple once you know where it goes!

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StarSailor}

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Hey Micah! I went through something similar last year with a raffle prize at work. The key thing is to check your most recent paystub after you won the gift card - many employers will automatically include the value as taxable income and withhold taxes right away. If you see an extra $300 (or close to it after taxes) on your paystub labeled as "bonus," "other compensation," or something similar, then your employer already handled it and it will show up on your W-2. In that case, you're all set! If it's not on your paystub and you don't receive a 1099-MISC by early February, you'll need to report it as "Other Income" on Schedule 1, Line 8z. Just write something like "workplace raffle prize - $300" next to it. Either way, you'll pay regular income tax on it based on your tax bracket. So if you're in the 22% bracket, you'd owe about $66 in federal taxes on that $300. Good luck with your first solo tax filing!

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Hey guys, I actually found a way to skip the hold time. There's this service called claimyr.com that calls for you, waits on hold, and then connects you when an agent picks up. It costs $20, but it saved me hours of waiting. Here's the link: https://www.claimyr.com

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QuantumQuest

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Idk man, paying to talk to the IRS feels wrong somehow. Shouldn't this be a free service?

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I get where you're coming from, but for me, time is money. I'd rather pay $20 than waste half a day on hold. To each their own tho!

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Jake Sinclair

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Another option to consider is requesting your account transcript by mail or fax - it's free and gives you a complete breakdown of your tax account, including any balances owed, payments made, and penalties/interest. You can request it using Form 4506-T or by calling the automated transcript line at 1-800-908-9946. It takes about 5-10 business days to receive by mail, but you don't have to deal with hold times. Just have your SSN, date of birth, and filing status ready when you call the automated line.

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Ava Martinez

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This is really helpful! I didn't know about the automated transcript line. That sounds way better than sitting on hold forever. Thanks for sharing the form number too - I'll definitely look into this option first before trying to call and speak to someone.

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