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I think everyone is missing that this is actually a Schedule C issue, not really an LLC issue. Since a single-member LLC is a disregarded entity, you're filing a Schedule C with your personal return. The real question is: can you deduct these business expenses on Schedule C when they're indirectly increasing your W-2 income rather than generating Schedule C income? The answer is complicated. You'd need to prove you have a legitimate business (not a hobby) with a clear profit motive. The fact that you intend to eventually serve these clients directly might help establish that. But I think there's a more immediate problem: the expenses you're incurring need to be ordinary and necessary for YOUR business. If your business doesn't have income yet, the IRS might question how these expenses are necessary for a non-existent business rather than just supporting your employment.
That makes sense. So what if OP restructured to have the LLC provide marketing services directly to their employer? Would that create a cleaner separation and establish the LLC as a legitimate business with its own income stream?
That's a really smart suggestion. Having the LLC bill the employer directly for marketing services would create a much cleaner business structure and establish legitimate business income. It would transform the arrangement from "personal expenses that indirectly help employment income" to "business providing services for payment." This would also help with the profit motive issue since the LLC would have a clear revenue stream from day one, even if expenses initially exceed that income. The IRS is much more comfortable with businesses that have some income but operate at a loss initially, versus businesses with zero income and only expenses. @Mia Roberts - you might want to discuss this restructuring option with your employer and accountant. It could solve most of the tax issues while keeping the same economic arrangement.
I've been following this discussion and want to add something important that hasn't been mentioned yet - the timing of when you claim these losses matters a lot for audit risk. If your LLC shows losses for multiple consecutive years with no income, that's going to raise red flags with the IRS's automated systems. They have algorithms that flag returns with unusual patterns, and a Schedule C showing only expenses year after year is definitely unusual. Beyond the hobby loss rules everyone's discussing, you also need to consider the "material participation" requirements if your LLC activities are considered passive. Since you're not actively running a separate business but rather supporting your W-2 role, the IRS might classify this as a passive activity, which has its own set of rules for deducting losses against other income. I'd strongly recommend implementing the suggestion about having your LLC bill your employer directly for marketing services. Even if it's just covering part of your current expenses, having some legitimate business income from day one will make your tax position much stronger and reduce audit risk significantly. Also, make sure you're keeping detailed records of how each marketing expense connects to specific business activities and potential future income. The IRS will want to see that these are genuine business expenses, not personal expenses disguised as business deductions.
One thing I'd add that hasn't been mentioned yet - make sure to check if Colombia has any specific inheritance tax or reporting requirements that could affect the timing or structure of the inheritance. Some countries require certain paperwork to be filed before assets can be transferred to foreign heirs. Also, since you're dealing with beachfront property, consider whether there might be any restrictions on foreign ownership in Colombia that could complicate the inheritance process. Some countries have limitations on non-residents owning coastal property. It might be worth consulting with a Colombian attorney or tax advisor who specializes in cross-border inheritances to make sure everything is handled properly on both sides. The last thing you want is to have compliance issues in Colombia that could delay or complicate receiving the inheritance, especially when you're trying to plan for US reporting requirements. Good luck with everything - foreign inheritance can be complicated but it sounds like you're being proactive about understanding the requirements!
This is such a great point about checking Colombian requirements! I'm actually in a similar situation with a potential inheritance from my grandmother in Brazil, and I found out there are specific bureaucratic steps that have to be completed in Brazil before any assets can be transferred to US heirs. The process can take months or even years depending on the complexity of the estate and local court requirements. It's definitely worth getting ahead of this early, especially since you mentioned it's a "potential" inheritance - understanding the Colombian side now could save a lot of headaches later. Also, regarding the foreign ownership restrictions on coastal property - that's something I hadn't even thought about but makes total sense. Some countries have constitutional restrictions on foreign ownership of beachfront land that could significantly complicate things. Thanks for bringing up these important points that go beyond just the US tax implications!
Just wanted to add another perspective on the timing aspect that might be helpful. When my father-in-law passed away in the Philippines, we discovered that the fair market value for US tax purposes is determined on the date you actually receive the inheritance, not when the person passes away or when the will is read. This ended up being important because there was about an 18-month delay between his death and when we actually received the property due to Philippine probate procedures. The property value had increased significantly during that time, which pushed us over the $100k threshold for Form 3520 reporting. So even though your husband's estimated share is currently around $80k, if there are delays in the Colombian inheritance process and the property appreciates in value, you might end up crossing that reporting threshold by the time you actually receive it. It might be worth keeping track of the property's value over time and having a plan for Form 3520 filing just in case. Better to be prepared than caught off guard if the inheritance ends up being larger than expected when it's finally received.
One aspect that hasn't been mentioned yet is retirement planning. The higher your W-2 income, the more you can contribute to retirement accounts like a Solo 401k. At $800k business income, you might want to consider maxing out your retirement contributions, which would require a higher salary to maximize the employee contribution portion. For 2025, you could potentially put away $23,000 as an employee contribution plus around 25% of your salary as the employer contribution, up to a combined limit of $69,000. This is another factor to consider when determining your reasonable compensation.
This is a great discussion and really helpful to see everyone's perspectives. I'm actually dealing with a similar situation but at a smaller scale - my S-Corp is on track for about $450k this year in IT consulting. What's concerning me is that I've been paying myself only $120k in salary, which after reading this thread seems way too low. The challenge is that most of my clients are on annual contracts, so my income can be pretty lumpy - some quarters are much better than others. Does anyone have advice on how to handle reasonable compensation when your income isn't steady throughout the year? Should I be adjusting my salary quarterly based on performance, or is it better to estimate conservatively at the beginning of the year and then true up with a bonus at the end? Also, @Chloe Taylor makes a great point about retirement planning. I hadn't considered how my salary level affects my 401k contribution limits. That's definitely another factor to weigh when determining the right compensation level.
I'm surprised nobody's mentioned that you can negotiate with your tax professional! When mine tried to charge me $450 for a reasonable compensation report, I asked for a breakdown of what goes into it. Turns out it was mostly pulling data from a subscription database they already pay for and formatting it into a report template. I asked if they could do a more basic version and they agreed to do it for $200 instead. It doesn't have all the fancy graphs and extensive narrative, but it includes the essential salary data for my industry and region with a brief explanation of how my compensation was determined. Another option: if you're using a tax software like TaxSlayer, TurboTax, or H&R Block for your business, some of their higher-tier packages include access to business reports and documentation tools that can help you create your own basic reasonable compensation documentation.
I've been through this exact situation with my S-Corp and ended up doing a hybrid approach that worked well. Instead of paying the full $500 my accountant wanted, I did some research myself first using the Department of Labor's wage data and industry salary surveys, then had my tax professional review my analysis and formalize it into a brief report for $150. The key is making sure you have documentation that shows you researched comparable positions in your industry, location, and company size. I looked at job postings for similar roles, used the Bureau of Labor Statistics Occupational Employment and Wage Statistics, and even checked sites like PayScale and Glassdoor for my specific role. My accountant said this approach was perfectly adequate for IRS purposes - what matters is that you can demonstrate you made a good-faith effort to determine reasonable compensation based on objective market data. The fancy reports are nice to have but not always necessary unless you're in a high-audit-risk situation or taking a very aggressive salary/distribution split. Given that you're paying yourself 50% of profits as salary, you're probably in a reasonable range, but having some documentation is definitely smart for peace of mind.
This hybrid approach sounds really practical! I'm curious about how detailed your research documentation needed to be. Did you just print out some salary data and job postings, or did you create a more formal analysis comparing your specific duties to the market data? I'm trying to figure out the minimum level of documentation that would satisfy the IRS if they ever questioned my compensation decisions.
Zara Ahmed
This thread has been incredibly helpful! I'm actually in a very similar situation - inherited a whole life policy that my uncle had been paying into for about 20 years before he passed. I was planning to just surrender it and report the full amount as taxable income, but after reading through all these comments, I realize I need to get the complete premium payment history first. The tips about using Claimyr to get through to the right department at the insurance company seem really valuable. I've been dreading dealing with customer service, but it sounds like getting to their "policy services" or "tax basis research" team makes all the difference. One question though - since I inherited this policy rather than received it as a gift while my uncle was alive, does that change how the basis is calculated? From what I understand, inherited policies get a "stepped-up basis" to fair market value at death, but I want to make sure I'm not missing anything before I surrender.
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Chloe Harris
ā¢Great question about inherited vs gifted policies! You're absolutely right that there's an important distinction. Since you inherited the policy after your uncle passed away, you would generally receive a "stepped-up basis" equal to the fair market value of the policy at the date of death, which is typically the cash surrender value at that time. This is actually much more favorable than a gifted policy situation. With an inherited policy, you essentially get a fresh start on the basis calculation from the date of death, rather than carrying forward all those years of premium payments. So if the policy was worth $45,000 when your uncle passed and you surrender it today for $47,000, you'd only owe taxes on that $2,000 difference (assuming no additional premiums paid). You should still request the premium history documentation for your records, but the key piece of information you'll need is the cash surrender value as of the date of death. This should be available from the insurance company and might even be documented in your uncle's estate paperwork if you have access to that. Definitely worth confirming this with the insurance company when you call!
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Jamal Wilson
This is such a helpful discussion! I'm dealing with something similar but with a twist - my mom gifted me her whole life policy about 3 years ago, but she had actually let it lapse for about 6 months in 2019 before reinstating it. I'm wondering if that lapse affects how I calculate the tax basis when I surrender? I've been paying the premiums since she gifted it to me, and I have records of what I've paid, but I'm not sure if that 6-month gap where no premiums were paid changes anything about carrying forward her basis. The policy definitely lost some cash value during the lapse period before being reinstated. Has anyone dealt with a previously lapsed policy before? I'm worried the IRS might treat this differently than a continuous policy when it comes to the gifted basis rules.
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