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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!
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!
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.
Giovanni Colombo
I'm surprised nobody mentioned IRS Publication 525! It specifically addresses this on page 12 under "How to report stock option income." It clearly states you need to adjust your basis by the amount included as income. The trickier part is making sure you account for the reverse split correctly. When I went through this, I created a simple spreadsheet that tracked: - Original shares and exercise price - FMV at exercise (from 3921) - Amount included in income that year - Post-split shares and adjusted basis Also, if you're in a state with income tax, make sure you're adjusting your state basis too! Many people forget that part.
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Fatima Al-Qasimi
โขI just checked Pub 525 and you're right! It's all there on page 12. Wish I'd known about this earlier - would have saved me so much time. The IRS publications are actually pretty helpful once you find the right one.
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Liv Park
This is such a helpful thread! I'm dealing with a similar situation but with a twist - my company did multiple corporate actions (a reverse split AND a spinoff) between when I exercised my ISOs and when I sold. From reading everyone's responses, it sounds like the key principle remains the same - adjust my cost basis to include what I already paid taxes on from the Form 3921. But I'm wondering how to handle the spinoff portion. Did anyone here deal with spinoffs in addition to splits? Also, @AstroAce, your math example really helped clarify things for me. I was getting confused about whether to adjust the total basis or the per-share basis, but seeing it broken down like that makes it crystal clear. One more question for the group - has anyone had success explaining these adjustments directly in their tax software's notes section, or is it better to attach a separate statement? I'm using TurboTax and want to make sure I document everything properly.
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