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Anybody know if net investment income is also subject to the additional Medicare tax? I'm in a similar MFS situation but also have some investment income.
There's actually a separate tax called the Net Investment Income Tax (NIIT) that applies to investment income at 3.8% when you're over certain thresholds. It's similar to but different from the Additional Medicare Tax. For Married Filing Separately, the NIIT threshold is also $125,000. So if your MAGI exceeds $125,000, your investment income (interest, dividends, capital gains, etc.) would be subject to this additional 3.8% tax. It's calculated on Form 8960, not Form 8959 which is for the Additional Medicare Tax on wages.
Just wanted to add a practical tip for anyone dealing with this situation - if you know you're going to owe Additional Medicare Tax because of the withholding/threshold mismatch, consider making estimated tax payments throughout the year to avoid underpayment penalties. I learned this the hard way when I was MFS and earning around $160k. Even though my employer wasn't withholding the additional Medicare tax (since I was under $200k), I still owed it at the $125k threshold. The IRS hit me with an underpayment penalty because I didn't make quarterly payments to cover the gap. You can use Form 1040ES to calculate and make these payments online. It's much easier than dealing with a surprise tax bill and penalty in April.
Has anyone used both Guideline and Gusto for the retirement plan setup? I'm trying to figure out if having them integrated makes it easier to claim these Secure Act 2.0 credits or if it's basically the same no matter which provider you use.
We use the Gusto + Guideline integration for our 15-person company and it's been great. The integration makes it super easy to manage contributions and Guideline provided documentation specifically for claiming the Secure Act credits. They automatically track qualifying expenses which made Form 8881 much easier to complete.
I've been following this thread closely as I'm in a similar situation with my small consulting firm (6 employees, also S-Corp structure). Based on everyone's experiences here, it sounds like the key is making sure you have proper documentation of all setup costs and that your payroll provider can generate the right reports for Form 8881. One thing I'd add - if you're already using Gusto, they actually have some built-in retirement plan options that qualify for Secure Act 2.0 credits. You might want to check with them specifically about their 401(k) offerings rather than going with a separate provider. Sometimes having everything integrated makes the reporting cleaner come tax time. Also, since you mentioned being confused about the credits - the IRS actually published some updated guidance in late 2023 (Notice 2023-75) that clarifies a lot of the questions people have been asking in this thread. Worth checking out if you want the official details rather than relying on third-party interpretations.
Does anyone know if there are different GILTI rules for different industries? We're in software development with significant IP held offshore, and I'm not sure if there are specific provisions we need to be aware of.
GILTI itself doesn't have industry-specific rules, but it definitely hits tech and software companies harder because of how it targets returns on intangible assets. Since your business model is centered around IP, you'll likely have a higher GILTI inclusion than businesses with lots of foreign tangible assets (like manufacturing). The qualified business asset investment (QBAI) exemption that reduces GILTI only applies to tangible assets, not IP assets. That's why many software companies get hit particularly hard - they have high foreign income but low tangible asset bases offshore.
I've been following this discussion with great interest as someone who's also navigating GILTI complexities. One thing I haven't seen mentioned yet is the impact of timing differences between U.S. and foreign tax years on GILTI calculations. Our family business has operations in the UK where the tax year ends in March, while our U.S. tax year is calendar year. This creates some tricky situations for calculating the foreign tax credits and determining which year's foreign taxes can be credited against which year's GILTI inclusion. Also, for those dealing with multiple foreign subsidiaries, don't forget about the tested loss rules. If one of your CFCs has a tested loss in the same tax year that another has tested income, the loss can reduce your overall GILTI inclusion. This can be particularly beneficial if you have operations in different stages of development or seasonal businesses. The recordkeeping requirements for GILTI are also pretty intense - you need to track basis in foreign subsidiaries, foreign tax payments, and depreciation schedules for tangible property on a CFC-by-CFC basis. I'd recommend getting your documentation systems set up properly from the start rather than trying to reconstruct everything later.
Something else to consider - check if you have any other income that isn't having taxes withheld, like investments, side gigs, etc. My husband and I were in the same boat until we realized our investment income wasn't being factored into our withholding.
Another thing to consider is making quarterly estimated tax payments if your withholding still falls short after updating your W4s. Since you both got promotions mid-year, the withholding system might not have caught up to your new income levels quickly enough. You can calculate quarterly payments based on either 100% of last year's tax liability or 90% of this year's expected tax (110% if your AGI was over $150k). This gives you a safety net if your W4 adjustments aren't quite right, and you avoid underpayment penalties. The IRS Form 1040ES has worksheets to help calculate this, or you can make payments online through EFTPS. It's especially helpful for people with variable income or multiple income sources.
Ryan Kim
Make sure you don't exceed your annual HSA contribution limit when figuring this out! For 2024 tax year the limits are $4,150 for individual coverage and $8,300 for family coverage. If you're 55+ you can contribute an extra $1,000 as a catch-up contribution. The total of ALL contributions (yours + employer's) can't exceed these limits. So your Box 12 Code W plus any direct contributions you made need to stay under these thresholds or you'll owe an excise tax on excess contributions. I learned this the hard way last year when I didn't realize my employer contributions counted toward the limit and I overcontributed by $1,200. Had to withdraw the excess plus earnings and report it as income. What a headache!
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Rajiv Kumar
β’Thanks for pointing this out! I didn't even think about contribution limits. My Code W shows $4,750 and I have family coverage. My employer definitely contributes something but I'm not sure how much. Sounds like I need to figure this out ASAP to make sure I'm not over the limit.
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Ryan Kim
β’With family coverage and that $4,750 amount, you're still well under the $8,300 limit for 2024, so you should be fine. But definitely check with your benefits department to get the exact breakdown of employer vs. employee contributions so you know what portion is deductible on your taxes. If you want to max out your HSA for the tax advantages, you could actually contribute more directly to your HSA - up to the difference between $4,750 and $8,300. That's an additional $3,550 you could put in for 2024 if you wanted to take full advantage of the tax benefits.
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Zoe Walker
does anybody know if u can still contribute to HSA for 2023 taxes? i got a big tax bill and need more deductions. my w2 code w was only $1500 and my employer put in $750 of that.
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Zoe Walker
β’thx so much! so i could put in like $6,250 more right now and use it as a deduction for 2023? i have family coverage so the limit would be $7,750 and only $1,500 was already put in? that would really help my tax situation if im understanding correctly.
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Chad Winthrope
β’Yes, exactly! With family coverage and only $1,500 already contributed in 2023, you could add up to $6,250 more before the April 15th deadline and claim it as a 2023 deduction. Just make sure to specify it's for the 2023 tax year when you make the contribution. This is one of the great benefits of HSAs - you get until the tax filing deadline to maximize your contributions for the previous year. It's essentially a last-minute tax deduction opportunity that can really help reduce your tax bill. Just double-check with your HSA provider about the process for designating prior-year contributions.
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