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Something nobody has mentioned yet - check if your annuity payment includes any premiums for additional features like life insurance or long-term care. Sometimes those are bundled in and reduce your monthly payment. Those premiums might be tax-deductible separately depending on your situation. Also, if this is a commercial annuity (not from an employer plan), part of each payment might be non-taxable return of principal. The formula for figuring this out is on IRS Publication 939 and uses your "exclusion ratio." Your 1099-R should have this broken down, but sometimes providers get it wrong.
Where would I find this exclusion ratio information? My 1099-R doesn't specifically mention it anywhere that I can see. Is it something I need to calculate myself?
The exclusion ratio isn't typically listed directly on the 1099-R, but you can determine it from the information provided. Look at Box 1 (gross distribution) and Box 2a (taxable amount) - if Box 2a is less than Box 1, that suggests part of your payment is considered return of principal. You can calculate your exclusion ratio by dividing your investment in the contract (what you paid in) by the total expected return (what you expect to receive over the lifetime of the annuity). Your annuity provider should have given you this information when you purchased the annuity or when payments started. If not, definitely call them and ask for your "exclusion ratio" or "exclusion percentage" specifically - they'll know what you're talking about.
Heads up - if your annuity is from a qualified retirement plan like a 401k or traditional IRA, the entire payment is usually taxable (which might explain the withholding). But if you purchased the annuity with after-tax money, only the earnings portion is taxable. Also, if you're under 59½, there might be an additional 10% early distribution penalty unless you qualify for an exception. That might explain some of the difference between your gross and net amounts.
This might explain my situation! Im 56 and started taking payments from an annuity i rolled my 401k into when i left my job. They're taking out more than 20% total and I couldn't figure out why!
I'm a retired accountant and worked with several passive investment S-Corps over the years. Here's the practical reality: 1) Pure investment S-Corps are in a grey area for reasonable compensation requirements 2) What matters is substantiating that minimal to no actual services are being performed 3) Document through corporate minutes the passive nature and automation of investments 4) Consistency is key - if you claim it's passive, make sure your activities match that claim 5) Consider a minimal salary if you're doing ANY administrative work at all (even a few hours monthly) The real risk isn't necessarily audit (though that can happen) but potential reclassification of distributions which can trigger back taxes, penalties, and interest if they determine services were being performed.
Would keeping a log of hours worked (which would be basically zero) help document this? I have a similar situation but with a small rental property in my S-Corp that basically runs itself through a property management company. I literally spend maybe 2-3 hours per YEAR on it.
Yes, a log of hours would be extremely helpful documentation. For your situation with just 2-3 hours annually, that's exactly the type of minimal involvement that supports a no/low salary position. I'd recommend documenting not just the hours but specifically what you do during those hours. Show that you're only making high-level oversight decisions while the property management company handles all the actual work. Include copies of your property management agreement in your corporate records to further substantiate your minimal involvement.
Has anyone considered the Schedule K basis implications? When you take distributions, you need sufficient basis, and different types of income affect basis differently. Treasury interest increases basis, but distributions reduce it. If distributions exceed basis, you could end up with taxable gain. Also, watch out for the accumulated earnings tax if you've been accumulating excessive cash without a business purpose - though S-Corps usually avoid this since income passes through anyway. My accountant recommended documenting a specific business purpose for holding the cash (like future investments) and then documenting the reason for distributions now (change in investment strategy, etc.).
The accumulated earnings tax doesn't apply to S-Corps, only C-Corps. S-Corps are pass-through entities where income is taxed to shareholders regardless of whether it's distributed. The penalty you're probably thinking of is for personal holding companies, which is different.
Quick tip from someone who's been through this - if you have your last paystub of the year, it usually has your year-to-date info which is basically what goes on your W2! Most restaurants use standard payroll systems that calculate this automatically. Might be worth checking if you have that last stub somewhere.
That's a great point! I don't think I saved my last paystub, but now I'm going to check my email to see if they sent electronic copies. I vaguely remember getting emails when a new paystub was available, but I usually just checked the deposit amount. If I can find that last one from December it would solve everything! Thanks for the suggestion!
Happy to help! Even if you can't find the December one, any paystub from late in your employment might be useful since it would have the year-to-date totals up to that point. You could then estimate the additional earnings for your remaining time there. And don't forget to check your spam folder - payroll emails often end up there.
Has anyone here ever had the IRS penalize them for filing with Form 4852 instead of a W2? I'm worried my refund will get flagged or delayed if I go this route. My old employer is being difficult about sending my W2 and I need to file soon.
I had to use Form 4852 two years ago and had zero issues. The IRS actually processes these pretty routinely. As long as your estimates are reasonable and you document your attempts to get the W2, you should be fine. My refund wasn't delayed at all. The employers are the ones who typically get in trouble, not you.
One thing nobody mentioned yet is estimated tax payments for self-employment or investment income. If you've had a good year with extra income, you might need to make a Q4 estimated payment by January 15th to avoid penalties. This isn't technically a "tax reduction" strategy but can save you money in penalties!
Good point! I got hit with a penalty last year because I didn't realize this. Is there any kind of safe harbor rule that helps avoid the penalty even if you owe a lot?
If you have kids, look into contributing to a 529 college savings plan before year end. Many states offer tax deductions for contributions. Also, review any medical procedures you might need - sometimes it makes sense to bunch them in December if you're close to exceeding the medical expense deduction threshold (which is 7.5% of your AGI).
Ethan Clark
One thing nobody's mentioned yet - if you make below a certain amount, you might not even need to file taxes at all. For 2024, if you make less than $13,850 as a single person, you generally don't have to file (though you still might want to if your employer withheld taxes, so you can get a refund). Also, since you mentioned living with your grandparents - are they claiming you as a dependent? That's another factor that affects how you file and what benefits you might be eligible for.
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Anastasia Popova
ā¢I think I'll make around $18,000 this year if I keep working the same hours, so I guess I will have to file? And yes I'm pretty sure my grandparents claim me as a dependent since I live with them and they pay for most of my stuff. Does that change things?
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Ethan Clark
ā¢Yes, at $18,000 you'll definitely need to file a tax return. Being claimed as a dependent does change things a bit. You won't be able to claim your own personal exemption, and there are some credits you might not qualify for. Make sure to check the box on your tax return that says someone else can claim you as a dependent. This is important because if you don't check it but your grandparents claim you, it will create problems for both returns. Also, as a dependent with income, you'll need to file your own return - your grandparents can't include your income on their return.
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StarStrider
Random tip since ur new to this: SAVE YOUR W-2!! When my job gave me mine last year I just tossed it in a drawer and then couldn't find it when I needed to do my taxes. Had to request a new one and it delayed everything. Maybe take a pic of it with your phone too as backup.
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Yuki Sato
ā¢This!!! Also, set a calendar reminder for mid-February to check if you've received your W-2. If you haven't gotten it by February 15th, you should contact your employer. They're legally required to send it by January 31st.
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