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Make sure you also look at what counts as a "statutory resident" in the states you're dealing with. In many states, if you maintain a permanent place of abode AND spend more than 183 days there, you can be considered a resident for tax purposes even if it's not your domicile. In NY specifically, they're super strict about this. If you hit that 184th day in NY with a place to stay there, they'll tax you as a resident even if your domicile is elsewhere. Some people literally track their days with GPS to prove where they were!
Whoa I had no idea about the 183 days thing! Is that calendar days or business days? And what counts as a "permanent place of abode"? Like if I'm renting a room would that count?
It's 184 calendar days (not just business days) - and partial days usually count as full days in NY. So if you cross into NY for lunch, that potentially counts as a full NY day. A "permanent place of abode" is usually any place you have regular access to that's suitable for year-round use - so yes, a rented room would typically count. It doesn't need to be owned by you or even paid for by you. If you have a key and regular access, it could qualify. NY is particularly aggressive about auditing people who claim to live elsewhere but work in NY. They've even been known to check your E-ZPass records, cell phone records, and credit card statements to verify your whereabouts! If you're close to that 183-day threshold, document everything.
Something nobody's mentioned yet - check whether your states have a reciprocal tax agreement! Some neighboring states have agreements that let you pay taxes only to your home state even if you work in the other state. For example, PA has agreements with IN, MD, NJ, OH, VA, and WV. But importantly, PA does NOT have one with NY, which is relevant to your situation.
Good point! This is why state-specific advice is so important. I'm in Illinois but work in Wisconsin, and they have a reciprocal agreement so I only pay IL taxes despite earning income in WI. Saves me from filing two state returns.
One solution that worked for our family farm was negotiating a "guaranteed payment" instead of relying solely on distributions. A guaranteed payment is like a salary that gets paid regardless of profitability, and while it's still taxable, at least you actually RECEIVE the money to pay those taxes. Talk to the managing partners about amending the operating agreement to include this provision. We did this after three cousins nearly had to sell their shares because they couldn't afford the tax burden.
How exactly do you bring this up without causing family drama? My father-in-law gets defensive whenever I mention anything about the business structure or distributions.
The key is framing it as a business sustainability issue rather than a personal complaint. I approached it by saying: "For the business to thrive long-term, all owners need to be able to maintain their ownership without financial hardship." I also found it helpful to bring some documentation from our accountant explaining how other family businesses handle this common issue. When presented as a standard business practice rather than a criticism, it was received much better. Sometimes having a neutral third party (like an accountant) suggest these changes can remove the emotional element from the discussion.
Have you looked into whether you qualify for any deductions related to the business that might offset some of that tax burden? Since you're technically a business owner through those shares, you might be able to deduct certain expenses.
This is good advice. When I was in a similar situation, I was able to deduct a portion of my home office, travel to business meetings, and some professional development costs. It didn't solve the whole problem, but it reduced the tax hit by about 30%.
I hadn't even thought about deductions! I work from home occasionally on stuff related to the orchard (mostly bookkeeping and some marketing). Would that count toward a home office deduction? And we drive about 80 miles round trip to visit the orchard like 6-7 times a year.
Just want to add that this is one reason why many small LLCs elect S-Corp status once they're profitable. With an S-Corp, you can take part of your money as salary (which is subject to self-employment tax) and leave the rest in the business as retained earnings (which avoids SE tax). With a partnership, all allocated income (even if retained in the business) is potentially subject to self-employment tax for general partners. Something to consider if your LLC continues to grow.
That's interesting about the S-Corp option. How difficult is it to change from partnership to S-Corp? Are there minimum salary requirements we would need to be aware of? Our LLC is still pretty small but we're planning for growth.
Converting from a partnership to an S-Corp isn't particularly difficult. You file Form 8832 to elect to be taxed as a corporation, then file Form 2553 to elect S-Corp status. It can be done any time, but if you want it effective for the current tax year, there are deadlines to be aware of. For salary requirements, the IRS expects S-Corp owners to take a "reasonable salary" based on market rates for the work you do. There's no specific minimum, but it needs to be defensible if questioned. Too low a salary raises red flags because it looks like you're trying to avoid payroll taxes. For a small business, even a modest salary that's in line with what you'd pay someone else for the same work should satisfy the requirement.
Pro tip: Set aside money for taxes as you go! Even though the cash stays in your business account, each partner will owe taxes on their 25% share. I made this mistake my first year and had a surprise tax bill with no cash distribution to cover it. Some partnerships actually do a small tax distribution just to cover the partners' tax obligations on phantom income. Might be worth discussing with your partners for next year.
My rule of thumb: always withhold a little extra if you're married filing separately. The withholding tables just don't seem calibrated well for this filing status. For a $68k salary paid biweekly, I'd probably put an extra $50-75 per paycheck in line 4(c). Better safe than sorry!
Thanks for all the advice everyone! Quick question - if I put that extra amount on line 4(c), will that just reduce my paycheck by exactly that amount? Or does it calculate differently?
Exactly right - whatever dollar amount you put on line 4(c) will be withheld from each paycheck as an additional amount. So if you put $50, your paycheck will be $50 less each time, and that money goes straight toward your federal tax.
Has anyone considered just adjusting your W4 halfway through the year if you notice you're not withholding enough? That's what I do. I start conservative, then check the IRS withholding calculator again around June and make adjustments if needed.
This is actually really smart. I never thought of doing a mid-year correction. Do you just submit a new W4 to your HR department?
Manny Lark
I think everyone's missing something important here... This guidance was specifically for 2020 tax returns. The IRS has changed the wording of the question multiple times since then. For your 2024 taxes (filing in 2025), the question is worded differently and you should carefully read the current instructions. The 2024 Form 1040 question specifically asks if you "disposed of any virtual currency" or "exchanged virtual currency for goods, services, or property" which is much clearer than previous versions.
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Rita Jacobs
ā¢Do you know if staking rewards count as a "yes" for the new question wording? I've been staking some ADA and getting small amounts every few days.
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Manny Lark
ā¢Yes, staking rewards absolutely count as a "yes" answer on the virtual currency question. The IRS treats staking rewards similar to interest income - you're receiving new cryptocurrency as a reward, which is considered taxable income when received. You'll need to track the fair market value of each staking reward at the time you received it and report the total as income. Most people report staking rewards either as "Other Income" on Schedule 1 or as business income on Schedule C if you're doing it as part of a business activity.
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Khalid Howes
Anyone know how this applies to getting free crypto from those Coinbase Learn rewards? I did a bunch of those quizzes and got like $30 worth of random coins. Is that considered "purchasing" or something else?
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Ben Cooper
ā¢Those Coinbase Learn rewards are definitely NOT purchases! They count as income and you would need to mark "yes" on the virtual currency question. Basically anything where you RECEIVE crypto without directly buying it with USD (mining, staking, airdrops, rewards, etc.) is taxable income.
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