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Former restaurant manager here. This happens way too often because payroll systems for restaurants are notoriously bad at handling tip pools correctly. Here's what should happen: 1) Server reports total tips received 2) Server reports tip outs to support staff 3) Server is only taxed on tips retained 4) Support staff report and pay taxes on their share Most POS systems track this, but many payroll processors don't implement it correctly. If your manager won't fix it, document everything and talk to the owner. This is actually costing them money too since they pay employer payroll taxes on inflated wages.
Thank you for explaining this! The owner is coming in next week and I'm definitely going to bring this up. Should I bring anything specific to show him, or just explain the situation?
Bring a copy of your most recent pay stub that shows the discrepancy. If you can, calculate the approximate difference between what you actually received in tips versus what was reported as your income. Having specific numbers will make your case stronger. Also mention that correcting this benefits the restaurant too since they're currently overpaying employer-side payroll taxes (around 7.65% of the inflated amounts). Most owners respond better when they realize they're losing money. Good luck with the conversation!
This happened at every restaurant I've worked at. The worst part is when tax time comes and the IRS thinks you made WAY more than you actually did! Has anyone successfully gotten this fixed retroactively? Like for previous tax years?
Yes! You can file a Form 843 "Claim for Refund and Request for Abatement" along with an amended return (Form 1040-X) for up to 3 previous tax years. You'll need documentation though - any records of your actual tip distribution will help. I did this for 2022 and 2023 and got back almost $1,400 in total.
To answer your original question - a GOOD tax preparer should be finding you every legitimate deduction you qualify for while keeping everything accurate and documented. It's not an either/or situation. My accountant helped me deduct about $4200 more than I thought possible when I started my small business, but she also insisted on proper documentation for everything. She explained that aggressive but legitimate deductions are fine, but we need records to back everything up. The real value isn't just in finding deductions - it's in their knowledge of what's allowed, what requires special documentation, and what might trigger audits. Anyone promising huge magical deductions without talking about documentation is probably sketchy.
That's helpful, thank you. How much should I expect to pay for a quality preparer who will do both (ensure accuracy and find legitimate deductions)? I don't want to overpay, but I also understand that expertise costs money.
For a situation like yours with a home purchase and some freelance work, expect to pay somewhere between $350-600 for a quality tax preparer, depending on your location and the complexity of your freelance activities. If your freelance work is more involved with lots of expenses and equipment, it might go higher. It's an investment, but a good preparer can often find deductions that more than cover their fee. Just make sure whoever you choose is asking detailed questions about your situation rather than just collecting your W-2s and basic info. The more questions they ask, the more likely they're looking for those legitimate deductions you might qualify for.
I actually switched from a "find every deduction" guy to a more conservative preparer after getting audited three years ago. My old preparer found me tons of deductions but didn't explain what documentation I needed. When I got audited I was completely unprepared. My new accountant is super thorough and explains everything. She still finds deductions but is careful to make sure I understand what records to keep. I actually get roughly the same refund amount but with WAY less anxiety. Good tax prep isnt about being aggressive or conservative - its about being THOROUGH and KNOWLEDGEABLE. Good preparers know exactly where the lines are and help you get every benefit you're entitled to without crossing those lines.
The limited definition problem extends beyond just progressive taxation. I teach economics, and textbooks routinely oversimplify tax concepts to make them easier to teach, which unfortunately gets repeated everywhere. Real-world tax systems are incredibly complex with multiple overlapping philosophies. For example, the US corporate tax system has elements of: 1) Income-based progression (higher rates on higher income) 2) Industry-specific rates (differential taxation) 3) Behavior-based incentives (R&D credits, etc.) 4) Profit-rate considerations in certain cases But students only learn the basic "tax rate increases as income increases" definition, which gets repeated throughout their education and careers. It's similar to how we teach supply and demand curves as always being straight lines when they rarely are in reality.
Do you have any recommended books or resources that give a more nuanced view of progressive taxation beyond the textbook definition?
For a more nuanced understanding, I recommend "Taxing Ourselves" by Joel Slemrod and Jon Bakija - it explores different tax bases and structures without getting stuck in the income-only paradigm. "The Triumph of Injustice" by Saez and Zucman also has excellent discussions of wealth-based progressive taxation alternatives. For historical perspectives, "Fiscal Regimes and the Political Economy of Premodern States" edited by Monson and Scheidel provides fascinating examples of progressive taxation based on various metrics across different civilizations. These sources paint a much more complete picture than standard economics textbooks.
I actually wrote my dissertation on this exact topic! The reason "progressive taxation" is so narrowly defined is because of a deliberate political choice in the early 20th century. When modern income tax systems were being developed (1910s-1930s), there were competing proposals for progressive taxes based on wealth, land value, corporate profit rates, and income. The income-based approach won out partly because it was easier to implement with the administrative capabilities of the time, but also because it was less threatening to accumulated wealth. A progressive wealth tax would have directly challenged the existing power structures more than income taxes. By focusing the definition of progressive taxation exclusively on income, it shifted the burden to high-income earners while protecting those with substantial accumulated wealth. This definition then became codified in academic literature, policy discussions, and eventually public understanding.
One thing nobody's mentioned yet - if you reinvest in another property as your primary residence, you might be able to use the Section 121 exclusion in the future. Won't help with the depreciation recapture specifically, but might save you on other capital gains in the future. Also, check if you have any suspended passive losses from the property that could offset some of the recapture income. Sometimes if you couldn't take passive losses in previous years due to income limitations, they get suspended until you dispose of the property.
Thanks for mentioning this! I think I might actually have some suspended passive losses from years when my income was too high to claim them. How exactly do I check for this? Is it on a specific form from previous tax returns?
You'd need to look at your Form 8582 (Passive Activity Loss Limitations) from previous tax years. If you had passive losses that couldn't be used in a particular year due to income limitations, they would be carried forward and should be documented there. The unused losses accumulate over the years, and when you dispose of the property in a taxable transaction (like your sale), you can generally use all the suspended losses related to that property. This could significantly reduce the tax impact of your sale and the depreciation recapture.
Has anyone used a cost segregation study to minimize the depreciation recapture hit? I did this on my last property and it seemed to help, but I'm not sure if it was worth the cost of the study.
Cost segregation is great when you're starting out with a property because you can accelerate depreciation on components with shorter lives (5, 7, 15 years instead of 27.5 years for residential). But it's a double-edged sword when selling because you'll face recapture on those components too. The benefit is that personal property components (5-7 year property) get recaptured at your ordinary income rate, not the 25% rate that applies to real property depreciation. So if your tax bracket is lower than 25%, it can help.
Ryder Greene
Another option to consider is asking your employer for a salary increase instead of direct reimbursement. I did this successfully by creating a detailed presentation showing: 1) Market rates for our position with these skills 2) How these skills would directly benefit our department 3) Specific projects where the training/software would make immediate impact My director couldn't approve the training costs directly due to budget rules, but was able to process a 5% "skill adjustment" to my base salary. This actually worked out better since it's permanent rather than one-time reimbursement. Might be worth trying if traditional reimbursement isn't available in your department.
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Eloise Kendrick
ā¢That's a really interesting approach I hadn't considered! Did you have to present this to just your direct supervisor or did you have to go higher up the chain? And approximately how long did the process take from proposal to actually seeing the increase?
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Ryder Greene
ā¢I started with my direct supervisor to get their support, but the actual presentation was to both my supervisor and the department director since salary adjustments required director approval in our county structure. The entire process took about 7 weeks from my initial proposal to seeing the increase in my paycheck. The longest part was waiting for the HR committee to review the justification, which took about 3 weeks. The key was framing it as a "market adjustment" based on added skills rather than a traditional raise, which allowed them to use a different budget category than the frozen raise pool.
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Carmella Fromis
Has anyone tried negotiating for comp time instead of direct payment for training? My department also has zero budget for training, but my supervisor approved me taking a 2-day software course during work hours and counting it as regular work time. Technically, I still paid for the course myself, but not having to use PTO was worth about $350 in equivalent salary. Might be a partial solution if your manager has time approval flexibility even without budget authority.
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Theodore Nelson
ā¢This is actually a great workaround! My agency does something similar with a "professional development day" policy where we get 16 hours annually to use for approved courses/conferences. You still pay the registration fees, but at least you're on the clock. Worth asking if your county has any similar policies.
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