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Just a quick thought - why not look into a 1031 exchange if you already own investment property? I did this last year when my business needed a bigger space. I sold an investment property I owned personally, did a 1031 exchange into the new commercial building, and then leased it to my business. My business gets the rent deduction, I get the rental income (which is partially offset by depreciation), and I avoided capital gains on the property I sold. No retirement account complications at all. Just make sure you follow the strict 1031 timing rules.
Do you still have to pay self-employment tax on the rental income since you're renting to your own business? I've heard conflicting things about this.
Everyone's talking about prohibited transactions, but no one's mentioned UBIT/UBTI (Unrelated Business Taxable Income). Even IF you could legally structure this (which you can't for reasons already mentioned), your SEP-IRA would likely get hit with UBIT if it used debt financing to purchase the property. So not only would you face prohibited transaction issues, but you'd also potentially create a tax liability inside your tax-advantaged account! The whole concept is problematic on multiple levels. Just buy the property yourself outside retirement accounts or through a separate entity and lease it to your business. Much simpler and definitely legal.
I had no idea about UBIT affecting retirement accounts. Thanks everyone for all this information - you've convinced me to abandon this idea. I'm going to look into either buying the property personally or using an SBA loan through my LLC instead. Definitely don't want to mess with my retirement funds and trigger all these complicated tax issues!
This whole thread is really helpful. I have a related question - if my S Corp (which is a 30% member of an LLC) has its own employees and payroll, how does that factor in? Can the S Corp still take deductions for its own payroll expenses even though it's receiving K-1 income from the LLC?
That's super helpful, thanks! My accountant mentioned something about "reasonable compensation" requirements for S Corps but wasn't clear on how that interacts with the K-1 income flowing in. Does the K-1 income from the LLC affect how much I need to pay myself as reasonable salary from the S Corp?
The K-1 income does indirectly affect reasonable compensation considerations. The IRS expects S Corp owner-employees to take a "reasonable salary" before taking distributions, which means your salary should be comparable to what would be paid for similar services in your industry. When your S Corp receives additional income (like K-1 income from an LLC), it increases the total profit available in the S Corp. If your responsibilities or time commitment increase due to this additional business activity, it might justify a higher reasonable salary. The key test is always what's reasonable for the actual services you're providing to the S Corp. Remember that paying yourself too little in salary and taking large distributions instead can be a red flag for the IRS, as it can look like an attempt to avoid payroll taxes.
Has anyone here ever converted from having their LLC issue 1099s to an S Corp to making the S Corp an actual member of the LLC? I'm considering this structure but worried about the transition complexities.
I did this last year. The paperwork is a pain, honestly. You need to formally admit the S Corp as a member of the LLC, which means amending the LLC operating agreement. Then there's the whole issue of how to value the membership interest if the S Corp is purchasing it rather than being granted it. We had to get a business valuation done which cost about $3,500.
Just FYI - if you file by the deadline but don't pay, the penalty is way less than if you don't file at all. Filing on time but paying late = 0.5% penalty per month. Not filing at all = 5% penalty per month!! Always file even if you can't pay!!!
Thank you for this! That's actually really good to know. So I did the right thing by filing even though I can't pay right now. Do you know if there's any way to get the penalties waived? I read something about "first time abatement" somewhere.
Yes, there is a First Time Penalty Abatement that the IRS offers if you haven't had any penalties in the past 3 tax years. You usually need to call and request it, and they don't automatically tell you about it. It won't waive the interest, but it can remove the failure-to-pay penalties. Definitely worth asking for if this is your first time owing or being late with payment. You typically need to have paid the tax or set up a payment plan before requesting the abatement.
Has anyone tried paying with a credit card? I know there's a fee but wondering if it's better than the IRS interest rates??
One thing nobody's mentioned - CHECK THE CHECK CAREFULLY! Make sure it's actually from the US Treasury and not some kind of scam. There are so many tax scams these days. Also, when you deposit it, maybe ask your bank to put a longer hold on it just to be extra sure it clears properly. I've heard horror stories of people cashing what they thought were legitimate refund checks, spending the money, and then finding out they were fraudulent.
Totally valid point! Real IRS checks have watermarks and security features. The paper should have a slight blue tint and there's usually a watermark visible when held up to light. Also, if you're not expecting a check or the amount seems off, it's another red flag. Scammers count on people being excited about surprise money and not questioning it too carefully.
The IRS is running behind on notices this year. My tax guy said they're about 3-4 weeks behind on sending out explanations for adjustments. Your extra money could be from: 1. Interest accrued during processing time (they pay interest on delayed refunds) 2. An adjustment from a previous year they found while processing your amended return 3. A math error correction in your favor 4. Some weird glitch in their system I'd cash the check but set aside the "extra" amount for a few months just in case they come asking for it back. The IRS always eventually figures out their mistakes, so better safe than sorry!
Chloe Zhang
Has anyone tried applying for an advance from multiple tax prep companies? I got denied by H&R Block but wondering if I should try Jackson Hewitt or Liberty before just giving up on getting an advance this year.
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Sophia Carter
ā¢I tried both TurboTax and Jackson Hewitt - denied by TurboTax first, then got offered $350 from Jackson Hewitt (on a $3800 refund). Not great but better than nothing. I think different companies use different banks so it might be worth trying.
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Chloe Zhang
ā¢Thanks for sharing your experience! I might try Jackson Hewitt then. $350 isn't much compared to a full refund but it would at least help with a car repair I've been putting off. Did you have to start your whole tax return over with them or was there a way to transfer information?
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Brandon Parker
Just want to point out that tax refund advances are basically payday loans with slightly better marketing. Even when you do get approved, there are usually fees hidden in the tax preparation costs. You're much better off just filing early and waiting the 2-3 weeks for the IRS to process your return. The advances made more sense years ago when refunds took 6-8 weeks, but now it's just not worth it.
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Amaya Watson
ā¢That's easy to say when you're not living paycheck to paycheck. Some of us have bills due now and can't just "wait 2-3 weeks." Last year's advance helped me avoid an eviction while waiting for my full refund. I get your point about hidden fees, but for people in tough situations, these advances can be the difference between keeping the lights on or not.
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