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I represented myself in tax court in 2022 over a $6,700 dispute. Biggest mistake ever. Thought I'd save money but the judge kept asking me about tax code sections I'd never heard of. The IRS attorney referenced cases and precedents I wasn't prepared for. Ended up losing AND had to pay the full amount plus additional penalties that accumulated during the process. If I could do it over, I would have either hired representation or worked out a payment plan with the IRS before it went to court.
This is exactly what I'm afraid of. Did you try calling the IRS beforehand to discuss settlement options, or did you go straight to representing yourself in court?
I tried calling the IRS multiple times but could never get through to anyone helpful. I just got transferred around and eventually disconnected. That's part of why I decided to fight it in court. Looking back, I should have been more persistent about reaching someone at the IRS who could discuss my case before the court date. Many cases get settled before court through their appeals process if you can actually reach the right person.
The tax clinic at the local law school helped me with a similar issue for a fraction of what a private attorney would charge. Many law schools run tax clinics where law students supervised by tax professors represent taxpayers for free or very low cost. Google "low income taxpayer clinic" or "tax clinic law school" plus your city name. Even if you don't qualify as low income, some will still help for a reduced fee. Definitely worth checking before you go it alone.
I used credit card financing for my startup investment last year and tried to deduct the interest. My tax guy said I needed to track EXACTLY which charges were investment-related and make sure I wasn't mixing personal expenses on the same card. Also had to have documentation showing the investment purpose. Ended up being a headache honestly. You might want to consider a dedicated investment line of credit instead if possible - much cleaner for tax purposes.
Did you have any issues with the IRS questioning the deduction? I'm worried about raising audit flags since credit card interest isn't the typical way people finance investments.
No issues with the IRS so far. The key was having super clear documentation showing exactly which charges were for the investment and keeping those separate from personal expenses. I also made sure the investment itself was properly documented with a business plan and formal agreements. Having a dedicated card helps a lot. If you're already using a mixed-use card, at least try to stop using it for anything but the investment going forward. Makes the paper trail much cleaner.
Something important nobody's mentioned yet - if you're talking about investing in stocks, bonds, etc., be aware that interest on debt used to buy tax-exempt investments (like municipal bonds) is NOT deductible. Section 163(d)(4)(B)(iii) specifically disallows it. Don't get caught in that trap!
Thanks for pointing that out! My investment is actually in a private tech startup, not muni bonds or tax-exempt securities. Does that change anything about how I should approach this?
Just to add some clarity on the original question - besides not needing Form 940, you also don't need to file Form 941 (quarterly employment tax returns) either since you don't have employees and aren't on payroll yourselves. What you DO need to focus on is paying your self-employment taxes through your personal tax return (Schedule SE). Since you mentioned it's just you and your husband taking money from the business to live on, those are considered "draws" not wages, and you'll pay self-employment tax (15.3%) on your net business income. Make sure you're setting aside enough for those taxes - they can be a shock if you're not prepared!
Is there any advantage to them putting themselves on actual payroll instead of just taking draws? I've heard something about S-corps saving on self-employment taxes but I'm fuzzy on the details.
There can be significant tax advantages to electing S-corporation status and putting yourself on payroll, but it comes with more complexity and costs. With an S-corp, you can pay yourself a "reasonable salary" subject to employment taxes, then take additional money as distributions that aren't subject to self-employment tax. This can save thousands in self-employment taxes depending on your profit level, but you'll have additional costs: payroll processing, employment tax filings (including Forms 940 and 941), workers' comp insurance, and additional accounting complexity. Generally, businesses making $40,000+ in profit might benefit from this structure, but it's very situation-dependent and requires professional guidance to do correctly.
As someone who's been in the cleaning business for 10+ years, I'd suggest focusing on your business growth now and not worrying about complicated tax strategies like S-corps yet. In the beginning, the simplicity of partnership taxation (which is what your LLC has by default) outweighs the potential tax savings. Just make sure you're tracking all your legitimate business expenses - cleaning supplies, equipment, vehicle mileage, home office deduction if applicable, insurance, marketing costs, etc. These deductions will reduce your taxable income and self-employment taxes.
Just want to add something as someone who's been in the industry for 15+ years - start keeping a tip diary NOW. The IRS actually accepts a daily log as valid documentation. Even a simple note in your phone at the end of each shift with the date and amount will save you tons of headaches. Also, talk to your employer. Many restaurants now have systems to help you report tips properly throughout the year. Some will even withhold extra from your hourly pay to cover the taxes if you ask them to.
What exactly should I be writing down? Just the total amount or do I need to break it down by credit card vs cash tips?
Ideally you should record both your cash and credit card tips separately for each shift. Credit card tips are already tracked by the restaurant's system, but having your own record helps you verify everything's correct. For cash, just the total amount per shift is fine - you don't need to track each individual transaction. Also record the date, which shift you worked (lunch/dinner), and your total sales if possible. This helps establish the reasonableness of your reported tips if there's ever a question. Many servers use tip tracking apps now that make this super simple - just a quick entry at the end of each shift.
Quick tip - don't forget about state taxes too! Everyone's talking about federal but depending on your state you might owe there as well. I'm in California and the state was actually more aggressive than the feds about collecting on my unreported tips.
This is so true. I'm in New York and the state department of taxation came after me even though I'd settled things with the IRS. They have their own penalty structures too.
Omar Farouk
One important thing nobody has mentioned: make sure you're keeping detailed records of ALL your trustee expenses. The IRS loves to challenge these deductions. I learned the hard way last year when my deductions were questioned. Create a separate credit card or checking account just for trustee expenses. Get receipts for everything. Keep a mileage log if you're traveling to trust properties. Document why each expense was necessary for your trustee duties. Trust me, if you get audited, you'll be grateful for the documentation.
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Chloe Martin
β’Does anyone know if probate court fees can be included in deductible trustee expenses? The estate I'm handling had to go through partial probate and I personally paid about $1,850 in court costs.
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Omar Farouk
β’Court fees related to administering the trust assets can typically be deducted as trustee expenses if you paid them yourself as part of your trustee duties. These would be considered necessary expenses in fulfilling your fiduciary responsibility. Make sure you have documentation showing you personally paid these costs rather than having them paid directly from trust assets. If they were paid from trust assets, they would be deducted on the trust's tax return (Form 1041) rather than your personal return.
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Diego FernΓ‘ndez
Has anyone used TurboTax to report trustee fees and expenses? Does it walk you through where to put this stuff or do I need to use a CPA? I'm getting a modest fee ($8,000) for handling my mom's trust but spent about $2,100 on expenses.
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Anastasia Kuznetsov
β’I used TurboTax last year for my trustee income. It actually handled it pretty well. When you get to the income section, it asks about different types of income and there's an option for self-employment or business income. That's where I entered my trustee fees. Then it walks you through business expenses where you can deduct your trustee-related costs. Just make sure to answer the questions accurately about how active your trustee role is. That determines whether it guides you to Schedule C or "other income.
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