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Ask the community...

  • DO post questions about your issues.
  • DO answer questions and support each other.
  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Omar Zaki

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22 Have you considered electing S-Corp status for your LLC? That's what I did for my consulting business, and it can provide better tax treatment especially as your income grows. With an S-Corp election, you pay yourself a reasonable salary (W-2) and can take additional distributions that aren't subject to self-employment tax. Just make sure your salary is reasonable for your industry and work performed, or the IRS might question it.

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Omar Zaki

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1 I've heard about the S-Corp option but wasn't sure if it was worth the extra paperwork and compliance requirements. What income level do you think makes the S-Corp election worthwhile? And did you need to hire a specialized accountant to handle it?

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Omar Zaki

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22 Most tax professionals suggest considering S-Corp election when your business profit exceeds about $40,000-$50,000 annually. That's typically where the self-employment tax savings outweigh the additional costs of compliance. I did hire a specialized accountant because the S-Corp has more filing requirements including an annual 1120S corporate return. The costs run me about $1,200 annually for tax preparation, but I save around $4,000 in self-employment taxes, so it's definitely worth it. You'll also need to run regular payroll and maintain more formal business documentation, but the tax savings can be significant once your business is consistently profitable.

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Omar Zaki

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9 Has anyone here used TurboTax Self-Employed for this situation? I'm in the exact same boat with my consulting LLC, and wondering if the software handles this properly or if I need a CPA.

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Omar Zaki

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11 I used TurboTax Self-Employed last year for my single-member LLC with both 1099s and W-2 (I pay myself). It worked well and walked me through reporting the 1099 income on Schedule C, entering business expenses (including my salary to myself), and then separately entering my W-2. Just make sure you enter your salary as a wage expense on Schedule C - this is critical to avoid double taxation.

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Alicia Stern

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Just an additional tip - you mentioned using Melio for the second payment, which is smart. For future reference, there are several business-focused payment platforms that make tax reporting much cleaner: Bill.com, Melio, and QuickBooks Payments all integrate directly with accounting software and automatically track contractor payments for 1099 purposes. Costs a bit more in fees than PayPal friends & family (obviously), but the tax compliance and automatic tracking is totally worth it.

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Do those services automatically generate and file the 1099-NECs at the end of the year? That's my biggest headache with contractors.

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Alicia Stern

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Yes, all three services I mentioned can automatically generate and e-file 1099-NECs based on the payments you've processed through them throughout the year. They collect and verify contractor W-9 information upfront and track all payments. QuickBooks is probably the most comprehensive if you use their accounting system too, but even standalone Melio or Bill.com will handle the 1099 filing process. They usually charge a small fee per 1099 (like $3-5 each), but the time saved and accuracy is absolutely worth it compared to manually preparing them.

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Drake

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I messed this up last year too! My accountant told me that for small amounts like this, the practical reality is that as long as YOU report it properly as a business expense and issue the 1099-NEC, and your contractor reports the income on their taxes, the IRS generally won't flag anything. The biggest problem happens when you deduct it but don't issue a 1099, then the contractor also doesn't report it as income. That's when audits happen.

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Sarah Jones

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I agree with this. I've been running a small photography business for 5 years and have occasionally messed up payment classifications. As long as you issue the correct 1099s at tax time, how you actually transferred the money is less important. The IRS wants the income reported correctly on both sides.

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Alicia Stern

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One option you might want to consider is doing a 1031 exchange instead of a regular sale. If you exchange the condo for another rental property, you can defer both the capital gains tax AND the depreciation recapture. The catch is you have to identify a replacement property within 45 days and close within 180 days of selling your condo, plus you must use a qualified intermediary to hold the funds. I did this with a rental house last year and it wasn't nearly as complicated as I feared. Just make sure you're planning to stay in real estate investing long-term, because you're basically kicking the tax can down the road.

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Thanks for the suggestion! I've actually been thinking about getting out of real estate altogether, so a 1031 exchange probably isn't right for me at this point. But I appreciate the idea - if I was looking to stay in the landlord business, that would definitely be something to consider to avoid the recapture hit.

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Has anyone successfully used the installment sale method to spread out depreciation recapture over multiple years? My accountant mentioned this as a possibility but wasn't super clear on how it would actually work in practice.

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Drake

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Yes, an installment sale can help spread out the tax hit. When you sell with owner financing and receive payments over multiple years, you can spread the depreciation recapture tax over the payment period rather than paying it all in year one. However, there's a catch - if the mortgage on your property exceeds your basis, you might face something called "mortgage over basis" that can trigger immediate gain recognition.

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One important thing your aunt and uncle should look into is whether they qualify for the "dual-status alien" filing in their first year. This lets them file as nonresidents for part of the year before they got their green cards, and as residents after. Also, they should definitely check if their home country has a tax treaty with the US. Many treaties have "tie-breaker rules" that can determine which country has primary taxing rights when someone has connections to both countries.

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Eli Butler

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Do tie-breaker rules automatically apply or do you have to specifically claim them somehow? And would using them affect their green card status?

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You have to specifically claim treaty benefits by filing Form 8833 (Treaty-Based Return Position Disclosure) with your tax return. It's not automatic - you need to identify which specific treaty provision you're claiming and explain why it applies to your situation. Using tie-breaker rules can potentially affect immigration status long-term. The IRS and USCIS don't directly share this information, but claiming to be a non-resident for tax purposes while holding a green card can raise questions about your intent to permanently reside in the US during future immigration proceedings. It's a bit of a balancing act that should be discussed with both a tax professional and an immigration attorney.

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Has anyone here dealt with form 8840 (Closer Connection Exception Statement)? I heard green card holders can't use it, only visa holders who meet substantial presence but want to claim closer connection to another country. Is that right?

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That's correct. Form 8840 is specifically for non-resident aliens who meet the substantial presence test but wish to claim a closer connection to a foreign country. Green card holders cannot use Form 8840 because they're already considered U.S. tax residents regardless of their physical presence. The only way for green card holders to be treated as non-residents for tax purposes is through an applicable tax treaty using Form 8833, or if they've formally abandoned their permanent resident status.

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Lydia Bailey

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Something nobody's mentioned yet - if you file jointly, both of you are responsible for the entire tax return. If your spouse has any sketchy tax situations or might be underreporting income, you could be on the hook too. Just something to consider if that's a concern! My brother got hit with a huge tax bill from his ex-wife's unreported income from years they filed jointly, even though they were already divorced by the time the IRS caught it.

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Mateo Warren

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This is such an important point! When my friend got married, her husband had back taxes and liens. When they filed jointly, her refund got seized to pay HIS old tax debts. She was furious because she had no idea this could happen.

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Lydia Bailey

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Exactly! The IRS calls it "joint and several liability" which basically means both spouses are fully responsible for all taxes due, regardless of who earned the income or claimed deductions. There is something called "innocent spouse relief" that can help in extreme cases, but it's difficult to qualify for and a huge hassle to go through. Much easier to just file separately if you have any concerns about your spouse's tax situation.

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Sofia Price

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I might be the outlier here but filing separately actually saved us money last year. My wife has tons of medical expenses (over 12% of her income) and when we filed separately, she was able to deduct them since they exceeded 7.5% of just her income. When we calculated jointly, the combined income was too high for her to get the medical deduction. Saved us about $1,200 doing it separately!

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This is a great point! Another situation where filing separately can help: income-based student loan repayment. If one spouse has federal student loans on an income-driven repayment plan, filing separately can keep their payments lower since only their income counts.

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Sofia Price

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You're absolutely right about the student loan situation! I forgot to mention that was actually another factor for us. My wife is on an income-based repayment plan for her grad school loans, and filing separately kept her monthly payments about $180 lower than they would have been if we filed jointly. The tradeoff is we lost some tax credits, but the yearly savings on loan payments more than made up for it. Definitely a situation where you need to do the math both ways.

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