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If you're operating as an LLC partnership with payroll tax issues, you need to determine if you're a "responsible person" under IRC Section 6672. The key is whether you had authority over financial decisions, specifically who got paid and when taxes were remitted. Keep in mind that the IRS can go after ANY responsible person for 100% of the trust fund portion of payroll taxes, regardless of ownership percentage. I've seen cases where minority owners got stuck with the entire bill because they were the ones signing checks. Document your role in the business - who had signing authority on bank accounts? Who made payroll decisions? Who communicated with the accountant? Get your operating agreement and any management documentation organized now.
This is really scaring me. I did sign checks but my partner handled the accountant communications. I trusted him to manage that part while I focused on operations. Are you saying I could be on the hook for the entire amount?
Unfortunately, yes - having check signing authority is one of the major factors the IRS considers when determining who is a "responsible person" for payroll taxes. The IRS doesn't care about your internal agreements regarding who was supposed to handle what - they look at who had the ability to ensure the taxes were paid. That said, this doesn't mean all hope is lost. You should immediately gather documentation showing your partner's role in financial decisions. Emails, texts, meeting notes - anything showing he was primarily responsible for tax matters. While this won't necessarily eliminate your liability, it might help distribute the burden appropriately between partners.
Just to add something that helped me with a similar situation - get a transcript of your business tax account from the IRS immediately. You can request this online through the IRS website or have your tax pro do it. The transcript will show exactly what tax periods the assessment covers, what forms were or weren't filed, and any payments that have been applied. Sometimes the IRS systems don't properly credit payments that were made, especially if there were any changes to your business name, EIN, or address. My restaurant got hit with a $72k bill that turned out to be largely due to payments being applied to the wrong quarters. The transcript was crucial evidence in getting this sorted out.
Don't forget that even though you don't owe tax on the gift, the bank will almost certainly file a Currency Transaction Report (CTR) for wire transfers over $10,000. This is automatic and required by law. They may also file a Suspicious Activity Report if anything seems unusual about the transfer. This doesn't mean you're in trouble or doing anything wrong! It's just standard anti-money laundering procedure. But be prepared that your bank might ask questions about the source of funds, your relationship to the sender, and the purpose of the transfer. Having documentation ready (like emails or letters from your family member confirming it's a gift) will make everything go smoother.
Do these CTR reports trigger IRS audits? I'm getting a large gift from my parents in Canada next month and now I'm worried this will flag me for extra scrutiny.
CTRs themselves don't automatically trigger audits. They're filed with FinCEN (Financial Crimes Enforcement Network), not directly with the IRS. These reports are mainly used to detect patterns of money laundering or other financial crimes. The IRS may have access to this information, but receiving a legitimate gift that's properly documented is not going to raise red flags. Just make sure you have documentation showing the source of the funds and the gift intent. If the amount is under $100,000 from an individual in a single year, you don't even have a reporting requirement as the recipient.
Has anyone used Wise (formerly TransferWise) for international transfers like this? My relatives in Spain tried to send me about $25k last year and got hit with CRAZY bank fees - almost $800! I've heard Wise has much better exchange rates and lower fees for large transfers.
Yes! I use Wise all the time for family in Germany. The exchange rates are WAY better than bank-to-bank transfers and the fees are transparent. For a $25k transfer, you'd probably save hundreds compared to traditional bank wires.
Thanks for confirming! I'll definitely look into that. Did you run into any issues with Wise transfers being treated differently for tax/reporting purposes than traditional bank wires?
One important thing to consider that nobody's mentioned yet: liability protection. The whole point of an LLC is to protect your personal assets if something goes wrong with the business. If you combine medical courier work (which involves vehicles, time sensitivity, and possibly valuable/sensitive items) with game development in one LLC, a problem in one area could potentially expose the assets of the entire business. For example, if you get in an accident while doing courier work and get sued, your game development assets (expensive computers, software licenses, etc.) could be at risk since they're part of the same business entity. Something to think about beyond just the tax implications.
That's a really good point I hadn't considered at all. So would it be better to have two separate LLCs in that case? Would that substantially increase my paperwork/costs?
Yes, from a liability protection standpoint, two separate LLCs would offer better protection. If something happens in your courier business, the game development assets would be sheltered in the separate LLC. It does increase some paperwork and costs. You'd pay two state filing fees (usually $50-$150 per LLC depending on your state), potentially two annual report fees, and would need to maintain separate books, bank accounts, and records for each entity. If you're a single-member LLC filing as a pass-through entity, the tax filing isn't substantially more complicated - you'd just have two Schedule Cs instead of one. A middle ground some people choose is starting with one LLC, then separating into two once the second business (game development) actually starts generating some revenue or when the assets become valuable enough to justify the extra protection.
Just my two cents, but I've been running a multi-focus LLC for years (web design + online courses). The biggest practical issue isn't really tax related but MARKETING related. When customers look up your business, what will they find? A medical courier service or a game development studio? Having these under one brand/LLC can confuse customers and dilute your marketing efforts. I ended up creating two separate "DBA" names (Doing Business As) under my single LLC. This let me market two distinct brands while keeping the legal/tax structure simplified. Might be something to consider!
For what it's worth, I'm an reseller who gets most inventory from dumpster diving and free piles. I report everything properly on COGS with most items having zero cost basis. Been doing this for 3 years with no issues. The important part is keeping good records of where you acquired items (even if free) and tracking inventory properly. I use a simple spreadsheet with acquisition date, source, cost (often $0), and then selling price when sold.
Thanks for sharing your experience! Do you think it's necessary to actually list every single item individually in my records, or would it be acceptable to just categorize them? Like "March freebie batch - $0" rather than "blue lamp - $0, red vase - $0" etc.
Categorizing is usually fine for low-value items. I personally do batch entries like "Weekend Estate Cleanout Items - $0" with a rough count of items. For anything worth over $50 when sold, I track those individually. The key is having enough detail that you could explain your inventory system if questioned. The IRS is mostly concerned that you're not hiding sales or falsely inflating expenses, not that you have a museum-level catalog of every pencil and paperclip you've picked up for free.
Wait, I thought Schedule C doesn't even have a place for COGS unless you check the inventory box? If you're getting stuff for free, can't you just leave that box unchecked and avoid the whole COGS section entirely?
That's not correct. If you're selling products (as opposed to just services), you need to check "Yes" to the inventory question on Schedule C, which then requires you to complete the COGS section. The fact that you acquired inventory for free doesn't change this requirement - those items still count as inventory with a zero cost basis. Trying to avoid the COGS section by incorrectly answering the inventory question would be misrepresenting your business operations and could create problems. The proper approach is to complete the COGS section accurately, even if many of your entries show zero cost.
Malik Davis
I've found a hybrid approach works best. I send a questionnaire before our meeting that covers the basics of Schedule B, then we go through only the relevant/complex items during our meeting. The key is making the questionnaire super clear. Each question includes examples and explains why I'm asking. I also include checkboxes for common situations rather than open-ended questions when possible. For partnerships with no changes from prior years, I pre-fill the questionnaire with last year's answers and ask them to only note changes. Saves everyone time!
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Malik Davis
ā¢I use a fillable PDF that they can complete digitally. It's set up so they can't submit it if required questions are unanswered. I also color-code sections based on complexity - green for simple questions, yellow for ones that might need thought, and red for complex items we'll definitely discuss during our meeting. The pre-filled approach for returning clients has been the biggest time-saver. I just send last year's completed form and say "please review and note any changes for this year" - gets much better response rates than starting from scratch each time.
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Isabella Santos
ā¢Do you have them complete it digitally or on paper?
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StarStrider
Has anyone tried using engagement letters that address some of these Schedule B questions? I'm thinking of building certain representations into my standard engagement letter for partnerships.
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Ravi Gupta
ā¢We've incorporated key Schedule B items into our engagement letters for partnerships. We specifically include language about foreign activities, ownership, and listed transactions. It doesn't replace getting the specific answers, but it does create another layer of documentation and client awareness.
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