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Ask the community...

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Sofia Ramirez

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Have any of you run into issues with reasonable compensation analysis in this situation? Our company's CPA keeps warning us that the IRS might challenge our arrangement if my salary as an employee seems too low compared to the profits distributions I receive as a member.

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Dmitry Volkov

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That's usually more of an S-Corp issue rather than an LLC with profits interests. But your CPA has a valid concern if the arrangement seems designed to avoid employment taxes. The IRS could potentially look at the total compensation package and recharacterize some of the distributions as wages if your employee salary is artificially low.

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Luca Russo

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This is a really insightful discussion! I'm dealing with a similar situation where I received profits interests in my company earlier this year. One thing I haven't seen mentioned yet is how this affects quarterly estimated tax payments. Even though my regular salary continues to have proper withholdings as a W-2 employee, I'm wondering if I need to start making quarterly payments for the profits interest portion. Since there won't be any withholding on potential K-1 distributions, I'm concerned about underpayment penalties if the company has a profitable year. Has anyone had to adjust their estimated payments after receiving profits interests? I'm trying to figure out if I should start making quarterlies now or wait until I actually receive distributions to see what the tax impact will be.

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Anyone else getting nervous about claiming these credits at all? I've been hearing about increased IRS scrutiny on ERTC claims and potential "promoter investigations" targeting firms that help businesses claim them.

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Ava Thompson

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Legitimate claims with proper documentation shouldn't be a problem. The IRS is mainly targeting obviously fraudulent claims and aggressive promoters making false promises. If you truly qualify and have your documentation in order, you should be fine. I claimed for Q3-Q4 2021 as a Recovery Startup Business, and Q2 under the partial suspension rules with zero issues. Just make sure you can back up every aspect of your claim with solid evidence.

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Thanks for the reassurance. I think I'm just going to stick with claiming the quarters where I'm absolutely certain I qualify (Q3-Q4 as RSB) and skip Q2 since it's less clear for my situation. Better safe than sorry with the IRS.

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I went through a very similar situation with my consulting business that started in March 2021. Like others have mentioned, the Recovery Startup Business provision only applies to Q3 and Q4 2021, so you can't use that for Q2 qualification. However, I was able to successfully claim Q2 2021 ERTC under the partial suspension rules. Many states had capacity restrictions, mask mandates, or other operational limitations that qualified as "partial suspension" even if businesses weren't completely shut down. The key is documenting exactly which government orders affected your specific business operations during Q2 2021. I had to gather state executive orders, local health department guidelines, and industry-specific restrictions that were in place during that time period. Even things like reduced capacity limits or mandatory operational changes can qualify. Since you had 8 employees in Q2, you could potentially claim up to $7,000 per employee ($56,000 total) if you qualify. That's significant money worth investigating properly. I'd recommend either using one of the analysis tools mentioned here or speaking directly with the IRS to confirm your eligibility before filing, since the documentation requirements are quite specific.

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Toot-n-Mighty

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Has anyone considered that this might qualify as a 60-day indirect rollover? As long as you put the same amount back into the same or different IRA within 60 days, it should count as a rollover, not a contribution. The key is that you only get one indirect rollover per 12-month period across all your IRAs.

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Lena Kowalski

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That's true about the once-per-year limitation, but the coding is still important. If the custodian coded it as a "contribution" rather than a "rollover deposit," the IRS computers will flag it since contributions require earned income. The custodian will issue a Form 5498 showing a contribution, not a rollover.

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Diego Rojas

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This is exactly the kind of situation where getting proper documentation is crucial. I went through something similar last year and learned the hard way that the IRS doesn't automatically treat same-amount transactions as rollovers just because they seem logical to us. The most important thing is to act quickly if you're still within the 60-day window. Contact your IRA custodian immediately and request that they recode the transaction from a "contribution" to a "rollover." You'll need this in writing - don't just rely on a phone conversation. Get a letter or amended statement showing the correct coding. If you're past the 60-day mark, you'll need to remove the excess contribution as others have mentioned. The key is to be proactive about this before tax season. I waited too long and ended up paying the 6% penalty for a full year before getting it sorted out. The IRS computers are very literal about these transaction codes, so make sure your paperwork tells the right story.

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Don't forget about product taxability! Each state has different rules about what products are taxable. For example, clothing is exempt in some states but taxable in others. Food items have their own complex rules. If you sell digital products, that's a whole other set of regulations. I learned this the hard way when I was collecting the same tax rate on all my products and then discovered I was over-collecting in some states and under-collecting in others. Now I use TaxJar to handle all this automatically, but there are several good options out there.

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Paolo Moretti

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This is so true! I sell specialty foods and the rules are crazy - some states consider them groceries (often non-taxable), others consider them luxury items (taxable). Made my head spin trying to figure it all out manually.

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As someone who just went through this exact situation with my small online business, I can definitely relate to the overwhelm! Here's what I wish I had known when starting out: 1. Start by tracking your sales by state from day one - even if you're not required to collect tax yet. This makes it much easier to know when you're approaching thresholds. 2. Focus on the states where you actually have significant sales rather than trying to understand all 50 states upfront. Most small businesses only need to worry about 5-10 states initially. 3. Consider starting with just collecting tax in your home state while you're learning the ropes, then expand as needed. 4. The economic nexus thresholds mentioned by others are your friend - they give you breathing room to grow before you need to worry about most states. For handmade jewelry specifically, you'll generally be dealing with tangible personal property which is usually taxable, but the rates and any exemptions vary by state. The complexity is real, but it's manageable if you take it step by step rather than trying to solve everything at once. Good luck with your expansion - the multi-state tax stuff is intimidating at first but becomes routine once you get systems in place!

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Recourse against tax preparer who made a serious filing error?

I've been going to a local company for our tax returns the last couple years. They're not CPAs (which was probably my first mistake) but the 3 people working there are all enrolled agents. It's primarily a wealth management place that also does taxes so clients can keep everything under one roof. Well, we just got hit with a letter from the IRS about our 2021 taxes saying they found some problems and we owe almost $9,500! I immediately called my tax people thinking the IRS must have messed up, but when they reviewed everything, they found a mistake that they straight-up admitted was their fault. What happened was we had 3 W-2s that year - one from my previous job for about half the year, one from my current job, and my wife's W-2. Apparently when they entered everything into their system, they forgot to check a box that designates my wife's W-2 as hers, so all 3 W-2s were essentially assigned to me. This made it look like I had paid way over the maximum social security tax limit, and the difference was added as a tax credit. We got a pretty big refund which I didn't think was suspicious because we usually get decent refunds, plus we had just had our first baby that year, so I expected it to be larger than normal. But if they had assigned the W-2s correctly, our refund would have been way smaller. Now I'm wondering what recourse I have against this tax preparation company? Do they have some responsibility here since it was clearly their error?

Mateo Warren

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Has anyone successfully had their tax preparer cover the actual tax amount owed too? My preparer completely missed reporting my crypto transactions which led to a $4500 bill plus penalties. They're offering to cover penalties but saying the tax is my responsibility even though I gave them all my transaction records.

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Sofia Price

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Generally, you're still responsible for the actual tax amount regardless of who made the error. The preparer typically only covers penalties and interest. The reasoning is that you would have owed that tax anyway if the return had been filed correctly the first time.

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Grace Thomas

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I'm dealing with a similar situation right now with my 2022 return where my preparer missed some Schedule C deductions, resulting in a $3,200 bill from the IRS. What really helped me was documenting everything in writing - I sent an email to my preparer summarizing their verbal admission of the error and asking them to confirm their plan to resolve it. One thing I learned is to ask specifically about their errors and omissions insurance policy limits. Some smaller firms have lower coverage amounts that might not fully cover larger mistakes. Also, if you're not getting satisfactory responses, consider reaching out to your state's board of accountancy even though they're EAs - they sometimes handle complaints about tax preparers operating in the state. The silver lining in my case was that when I had to review everything so carefully, I actually found a few legitimate deductions my preparer had missed in previous years too. Might be worth having someone else review your past returns once this gets resolved.

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