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From my experience as an S-corp owner with unequal distributions, your best option is to formalize a loan. Create a promissory note with reasonable interest rate (current AFR rates), specific repayment terms, and have both parties sign it. We made the mistake of taking informal draws for years and had a nightmare sorting it out during an ownership change. Also, don't overlook the benefits of a shareholder agreement that specifically addresses unequal distributions. We amended ours to allow for disproportionate distributions with specific accounting requirements that protect everyone's interests. Whatever you do, make sure EVERYTHING is documented properly. The distinction between loans, distributions, and compensation is exactly what the IRS loves to scrutinize in S-corps.
Thank you for this practical advice. If I go the loan route, do I need to create the documentation before or after taking the money? I've already taken about $15K more than my 1% share would justify in 2024, and we haven't filed yet. Can I retroactively document this as a loan? Also, any guidance on what a "reasonable" interest rate would be in the eyes of the IRS?
Ideally, loan documentation should be created before the money is distributed, but you can retroactively document it if you haven't filed yet. The key is to create the documentation before the end of the tax year - so you're still within the window for 2024. For interest rates, the IRS publishes Applicable Federal Rates (AFR) monthly. For a loan between related parties, you should use at least the minimum AFR for the appropriate term (short, mid, or long) from the month the loan was made. For April 2024, the short-term rate was around 5.25%. Using anything significantly below this could cause the IRS to impute interest, which creates tax headaches for both parties. The documentation should include a clear repayment schedule, consequences for default, and signatures from both parties. Make sure your accountant records it properly on the books as a loan to shareholder rather than a distribution.
Has anyone considered just increasing the 1% ownership stake to better reflect the economic reality? That seems simpler than all these loan structures and special distributions. If OP is consistently taking 10-15% of the profits maybe their ownership should reflect that?
This could trigger gift tax issues depending on the value of the company. If mom gives additional ownership percentage that has significant value, it might require filing a gift tax return. Also some S-corps have restrictions in their operating agreements about ownership transfers. But I agree it might be the cleanest solution long-term.
Don't forget that you might be able to deduct expenses related to winning that prize! I won a gaming tournament last year and was able to deduct my entry fee, travel to the tournament (since it was out of state), and even a portion of my gaming equipment as "cost of winning the prize." This reduced the taxable amount significantly. Just make sure you have receipts for everything and that the expenses were directly related to participating in the tournament. You enter these on Schedule A if you itemize, or possibly against the income directly on Schedule 1 (this is a bit of a gray area, so check with a tax professional).
Thanks for bringing this up! I did pay for my flight to Atlanta (about $350) plus the hotel for 3 nights (~$600) and the convention entry fee ($150). Would all of these potentially be deductible against the prize money? And where exactly would I list these on my tax forms?
Yes, those expenses would potentially be deductible against your prize money! The flight, hotel, and convention entry fee would all count as expenses directly related to winning the prize. You would list these as a reduction to the income on Schedule 1, Line 8z. For example, if your prize was $2,500 and you had $1,100 in related expenses, you would report "Gaming tournament prize income $2,500 less related expenses of $1,100 = $1,400" on that line. Make sure to keep all your receipts in case of an audit.
One thing no one has mentioned yet - depending on your state, you might owe state income tax on this too! Some states have special rules for prize/gambling winnings. I won money in a tournament in Nevada but live in California, and had to pay CA state tax on it even though Nevada has no state income tax.
Yep, and if you won it while physically in Texas but live in North Carolina, you might need to file a non-resident tax return for Texas too if they require it for prize winnings. Tax rules vary by state!
Totally agree with using your complete records. I've been selling online for years and I always report my actual sales regardless of what's on any 1099s. A couple things to consider: - Make sure you're tracking everything properly (platform fees, shipping costs, returns, etc.) - Keep spreadsheets showing how your total income breaks down by platform - Save monthly statements from all platforms as backup - If the difference between your records and 1099-K is large, double check your math Tax authorities want accurate reporting, not just matching forms. As long as you're reporting ALL your income and have good records to back it up, you're doing the right thing.
Do you know if there's a specific place on Schedule C where we should note the 1099-K amount vs our actual total? I'm new to all this and confused about how to show the breakdown.
On Schedule C itself, you just report your total gross receipts on line 1. There's no specific place on Schedule C to break out 1099-K amounts separately. If you're using tax software, it might have a worksheet where you can enter various income sources and 1099 forms, but the Schedule C will show the combined total. Keep your own separate worksheet that reconciles your total income with the 1099-K amounts in case of questions later.
Has anyone here dealt with returns that happened in different tax years? Like I got a 1099-K for the full sale amount but the customer returned it in January of the next year. How do you handle that?
On the software question - I started my practice 3 years ago and tried several options. Drake is actually reasonably priced for small practices and has excellent support. But if you're really budget-conscious, look at TaxAct Pro or ATX. One thing to consider beyond just the tax software is practice management. I use Canopy for client management, document collection, and e-signatures. Having clients upload documents directly to a portal saved me so much headache compared to getting random emails with partial information. Whatever you choose, factor in training time. Each software has its quirks and learning curve. Try to decide by November so you have time to get comfortable before tax season hits.
Thanks for the software suggestions! I hadn't heard of ATX. I'm definitely worried about the learning curve - is it realistic to pick up new tax software and be proficient by February if I start learning in November?
Yes, starting in November gives you plenty of time to get comfortable with the software. Most professional tax programs have similar workflows since they're all built around IRS forms. The differences are mainly in navigation, shortcuts, and additional features. Most vendors offer free training webinars in November-December specifically for new users. Take advantage of those! I'd also recommend doing 5-10 practice returns using last year's forms - use your own return, family members, or make up some scenarios. This hands-on practice will make you much more efficient when you're facing real client deadlines.
Don't forget about insurance and licensing requirements! When I started my practice, I was so focused on software and pricing that I almost missed getting proper professional liability insurance. Check your state's requirements too - some require a PTIN and/or preparer registration at the state level. For payment processing, I tried Venmo initially and quickly abandoned it. Besides potential terms of service issues, it looks unprofessional to clients who expect a more formal payment system. QuickBooks Payments or even Square are better options that provide proper invoicing and give clients confidence.
Also, make sure you get an EFIN from the IRS if you plan to e-file for clients. The application process can take 6-8 weeks, so don't leave it until January! And definitely get E&O insurance. I had a client situation last year where it saved me from a potential $14,000 claim when I made a mistake on a complex investment calculation.
Connor Rupert
Have you considered looking for tax relief companies? My brother owed like $12k in back taxes from 1099 work and got help from one of those places advertised on the radio.
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Molly Hansen
ā¢Be REALLY careful with tax relief companies! Most of them charge huge fees and promise things they can't deliver. They basically do the same things you can do yourself (set up payment plans, apply for currently not collectible status, or submit an offer in compromise). The IRS has their own programs that don't require paying a middleman. Check out the IRS Fresh Start program before paying some company thousands of dollars for something you could do yourself for free.
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Brady Clean
Something else to consider - if you can put the tax payment on a credit card, sometimes that's better than the IRS payment plan depending on your interest rates. The IRS charges both interest and penalties on unpaid balances. Just be careful because there's usually a processing fee of around 2% to pay taxes with a credit card. But if you have a 0% intro offer or a very low interest rate, it might save you money compared to the IRS interest rates + penalties.
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