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18 Does anyone know if this applies the same way for S corporations? I know S corps don't technically have E&P unless they were previously C corps, but I'm dealing with a converted entity that has accumulated E&P from its C corp days and did a ยง1031 exchange post-conversion.
11 For an S corporation that was previously a C corporation, the rules get a bit more complex. The accumulated E&P from the C corporation period stays with the company even after S election. If the S corporation does a ยง1031 exchange, and the property involved was held during the C corporation period, then any deferred gain would not have increased the C corporation's E&P at that time. When the replacement property is eventually sold, any gain attributable to the period when the company was a C corporation would potentially increase the accumulated E&P. It's super important to maintain good records in these situations because you need to track the portions of any gain attributable to appreciation during the C corp period versus the S corp period.
This is a great discussion! I've been dealing with similar E&P confusion in my practice. One thing that helped me understand the ยง1031/E&P interaction was realizing that Congress intended E&P to reflect the corporation's actual economic capacity to make distributions to shareholders. Since a ยง1031 exchange doesn't generate any cash or other liquid assets (you're just swapping one property for another), there's no actual increase in the corporation's ability to pay dividends. The deferred gain represents potential future value, but not current distributable earnings. This is different from other types of gains that do increase current E&P because those transactions typically result in cash or other assets that could theoretically be distributed. The ยง1031 exchange keeps the corporation's economic position essentially unchanged from a liquidity standpoint, which is why E&P treatment follows the tax deferral rather than the book accounting recognition. I found Reg. ยง1.312-7 particularly helpful in understanding the specific E&P adjustments required for various types of property transactions if anyone wants to dive deeper into the regulations.
Have you guys considered alternating years for who claims your son? My bf and I do this with our daughter - I claim her on odd years and he claims her on even years. Our accountant suggested this as the fairest approach since we both contribute similar amounts to her expenses.
I think that only works if the tax benefits are roughly equal for both parents. In my case, my income is way higher than my partner's, so I get a much bigger tax benefit from claiming our kid. We calculated it out and I save about $2,300 by claiming him while she would only save about $1,100, so I claim him and then just give her half the difference.
Good point about comparing the actual tax benefit! We never actually calculated out the difference - we just assumed it would be similar. Maybe we should run the numbers for this year and see if our alternating approach still makes sense or if we should do something more like what you described.
This is really helpful information everyone! I'm starting to see that the insurance split isn't the main issue - it's more about who provides the majority of support and how we can optimize our tax situation. @Paolo Longo - The Head of Household point is really important. I hadn't considered that aspect at all. Since I pay the mortgage and most utilities while my son's father covers groceries and some other expenses, I think I probably do pay more than half of the household costs. Combined with claiming our son as a dependent, that could mean significant tax savings with the HoH status. @Oliver Becker - Your approach of calculating the actual tax benefit difference and then sharing it makes a lot of sense. That seems much more fair than just alternating years without knowing the real impact. I think my next step is to sit down with my son's father and actually calculate out all our expenses and see who benefits more from claiming our son. The insurance coverage split should work fine as long as we're clear on the dependent claim. Thanks everyone!
That sounds like a really solid plan! One thing that might help with the calculations is keeping detailed records throughout 2025 of who pays for what. Since you're living together, it can get blurry sometimes about who covered which expenses, especially if you're sharing costs informally. Maybe consider setting up a shared spreadsheet or using an app to track household expenses as you go? That way when tax time comes around, you'll have clear documentation of the support percentages instead of trying to reconstruct everything from memory and receipts. It'll make the dependent claim decision much more straightforward and give you confidence that you're following the rules correctly.
Has anyone actually formed their LLC structure this way, with one disregarded LLC owning another? I'm curious how you handled the paperwork. When filing articles of organization for the second LLC, do you list the first LLC as the member, or do you still list yourself?
I did this last year. For the articles of organization, I listed my first LLC as the member/owner of the second LLC. But on my tax return, both businesses' income ended up on my personal 1040 (separate Schedule Cs). Just make sure all your organizational documents clearly show the ownership structure.
This is a great discussion! I've been considering a similar structure for my photography business and a separate e-commerce venture. One thing I wanted to add that hasn't been mentioned yet - make sure you keep meticulous separate records for each LLC even though they're both disregarded entities. The IRS may disregard them for tax purposes, but if you ever face an audit or legal challenge, you'll want crystal clear documentation showing that these are truly separate business activities. Keep separate bank accounts, separate bookkeeping, separate contracts - treat them as completely independent businesses operationally even if they're connected ownership-wise. Also, consider whether you might want to elect S-Corp status for either LLC down the road as your businesses grow. Having the separate entity structure already in place gives you more flexibility for tax planning in the future without having to restructure everything.
This is excellent advice about record keeping! I'm actually in a similar boat - just starting to explore this structure for my consulting business and a potential retail venture. The point about S-Corp election flexibility is something I hadn't considered. Quick question - when you mention keeping separate bank accounts, do you mean the first LLC should have its own account, and then the second LLC (owned by the first) should also have its own separate account? Or would it be acceptable for the first LLC's account to handle transactions for both since it owns the second? I'm trying to understand the practical day-to-day banking logistics of this setup before I commit to the structure.
Has anyone had luck deducting part of their cell phone bill for delivery work? I use my phone constantly for the apps, GPS, customer communication etc.
Absolutely! I deduct 80% of my phone bill since I'm on the delivery apps all day. As long as you can reasonably estimate what percentage is used for business, you can deduct that portion.
Great question! Yes, you definitely should be tracking your mileage for 1099 delivery work - it's one of the biggest deductions you can take. Here's what I recommend: **For odometer readings:** You don't need to record it for every single trip, but do take photos of your odometer at the beginning and end of each work day, plus at the start/end of each year. This gives you solid documentation. **What to track for each delivery:** - Date and time - Starting point and destination - Miles driven (business purpose) - Total miles for the day **Pro tip:** Stop estimating immediately! The IRS can be strict about mileage deductions, and estimates won't hold up in an audit. Either use a mileage tracking app (like Stride, Everlance, or MileIQ) or keep a simple log in your car. You can choose between the standard mileage rate (67ยข/mile for 2024) or actual vehicle expenses - the standard rate is usually better for delivery drivers and much simpler to track. Since you just started last month, you can still go back and reconstruct your mileage using your delivery app records, bank statements, and any receipts you have. Better to get organized now than scramble at tax time!
Zoe Papadopoulos
Hey don't forget about potentially adjusting your retirement contributions too. My husband and I discovered that when we got married and started filing jointly, we could leverage our income difference to max out his 401k and IRAs differently than before. Ended up saving us about $4,200 in taxes while building retirement faster.
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Jamal Brown
โขCan you explain this more? I don't understand how marriage would change your 401k benefits. Aren't the contribution limits per person regardless?
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Jamal Washington
โขThe contribution limits are per person, but marriage can affect IRA eligibility and strategies. For example, if one spouse doesn't have earned income or earns very little, they can still contribute to an IRA based on the working spouse's income (spousal IRA). Also, the income limits for Roth IRA contributions and traditional IRA deductibility are based on your combined married filing jointly income, which might put you in a different bracket than when you were single. Some couples find they can do backdoor Roth conversions or other strategies they couldn't do before marriage.
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McKenzie Shade
Great question about marriage and taxes! As others have mentioned, with your income split ($87k and $28k), you'll likely see a marriage bonus rather than a penalty when filing jointly. One thing I'd add - don't forget to consider the impact on any tax credits you might be eligible for. The Earned Income Tax Credit, Child and Dependent Care Credit, and education credits all have different income thresholds for married couples. Sometimes these can create unexpected benefits or phase-outs depending on your combined income. Also, since you mentioned buying a house next year, keep in mind that as a married couple you'll have a higher gift tax exclusion limit if family helps with the down payment, and you can potentially exclude up to $500k in capital gains if you ever sell a primary residence (vs $250k for singles). I'd definitely recommend running a tax projection for 2024 now that you're married to avoid any surprises. Most tax software lets you do this, or you could work with a tax professional to make sure you're optimizing everything for your new situation.
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