


Ask the community...
Former tax professional here. The ERC situation is a mess right now because so many businesses were pushed into filing by these aggressive firms. Here's what I'm seeing with clients: 1) Recovery startups are actually LESS likely to be scrutinized than established businesses claiming substantial shutdowns, mainly because your eligibility rules were more straightforward. 2) Documentation is absolutely critical. Keep everything related to your business formation, all employee records, and anything demonstrating legitimate business activities during your claim period. 3) The percentage fee structure (15% in your case) is a red flag to the IRS, as legitimate tax firms typically charge flat fees based on work performed. The IRS recently announced they're offering a voluntary disclosure program for businesses to repay questionable ERC claims with reduced penalties. Might be worth investigating if you're truly concerned about your claim's legitimacy.
Thanks for this insider perspective. So if I understand correctly, as a genuine recovery startup (formed after Feb 2020), I might actually be at lower risk than established businesses? That's somewhat reassuring. About the voluntary disclosure program - would using that be essentially admitting I did something wrong? I believe my claim was legitimate based on the recovery startup provisions, but now I'm second-guessing everything because of the company I used.
Yes, recovery startups generally face less scrutiny because your eligibility was based on clear criteria (formation date, gross receipts under the threshold) rather than the more subjective "partial shutdown" or "significant decline in gross receipts" tests that established businesses had to meet. The voluntary disclosure program isn't necessarily an admission of wrongdoing - it's designed for businesses who, after review, believe their claim may not fully qualify. If you believe your claim as a recovery startup was legitimate, there's likely no need to use this program. Instead, focus on organizing your documentation. Make sure you have clear records showing: 1) formation after February 15, 2020, 2) evidence of actual business operations (not just a paper entity), 3) documentation of qualified wages paid, and 4) gross receipts under the threshold. The IRS is primarily targeting obviously fraudulent claims first, particularly those made by established businesses using aggressive interpretations of the shutdown provisions.
Has anyone considered the tax implications if the IRS does demand repayment? I'm in a similar situation and wondering if I'd need to amend returns from the year I received the credit.
One thing everyone is missing here is basis calculation differences. In an S-corp, your basis increases with income allocated to you and decreases with distributions and losses. In a partnership, your basis also includes your share of partnership liabilities. This can make a huge difference if you have business loans or mortgages since partnership basis rules can allow for larger tax-free distributions or loss deductions.
Could you explain that with a simple example? Not sure I'm following how the liability part impacts distributions.
Sure. Let's say you and a partner each contribute $50,000 to start a business and then the partnership takes out a $200,000 loan. In a partnership, your basis would be $150,000 ($50,000 contribution plus $100,000 of the debt). This means you could receive distributions up to $150,000 tax-free. In an S-corp with the same scenario, your basis would only be $50,000 (your contribution), so distributions beyond that would be taxable. This can be a significant difference depending on your business's debt structure and distribution plans.
Has anyone considered that an S-corp might not always be better? I'm a real estate investor and my CPA advised sticking with partnership taxation because of the basis rules mentioned above, plus the ability to do special allocations. S-corps require proportionate distributions based on ownership while partnerships allow for more creative profit-sharing arrangements.
My wife is
Where did you find Excel-themed jewelry? My girlfriend is an accountant and that sounds perfect for her birthday coming up!
I found it on Etsy! There are several artists who make spreadsheet-inspired necklaces and earrings. Some use the actual Excel icon, while others create pendants that look like spreadsheet formulas or functions. Search for "excel jewelry" or "spreadsheet jewelry" and you'll find plenty of options. There's also a shop that makes custom formula bracelets where you can put in your own Excel formula (my wife loves VLOOKUP so I got her that one). They're surprisingly elegant looking while still being a perfect inside joke for spreadsheet lovers.
Forget the mugs and t-shirts - those are overdone. My accountant friend absolutely lost it when I got him a custom bobblehead that looked like him sitting at a desk surrounded by tiny tax forms and a calculator. Cost about $75 and was 100% worth it. There are several companies online that make custom bobbleheads from photos. Just saying, nothing beats a personalized gift that shows you put some thought into it.
Omg that's actually brilliant! Did it really look like your friend? I'm worried it might come out looking creepy rather than funny.
You might qualify for the Innocent Spouse Relief program. My sister was in a similar situation after her divorce - her ex hadn't filed for years without her knowledge. She filed Form 8857 (Request for Innocent Spouse Relief) and the IRS absolved her of most of the tax liability. Definitely worth looking into if your ex was controlling the finances and tax situation.
Would this apply if we never actually filed jointly though? From what I understand, he just took my W2s and never filed anything at all. Can I still claim innocent spouse if there were no joint returns?
Ah good point - Innocent Spouse Relief typically applies when joint returns were actually filed with errors or underpayment. If no returns were filed at all, that's a different situation. In your case, you'd focus more on explaining the circumstances when you file your returns and potentially requesting penalty abatement due to reasonable cause. The IRS does consider situations involving domestic abuse as potential reasonable cause for penalty relief. The most important thing is to get those returns filed now and explain your situation - they're usually willing to work with you on a payment plan for any taxes owed.
Has anyone successfully requested penalty abatement for first-time penalties? I've heard the IRS has a First Time Abatement policy but don't know if it applies to unfiled taxes for multiple years...
Fatima Al-Maktoum
Some advice on the mileage tracking - stop using that notebook ASAP! Get a mileage tracking app on your phone. I learned this the hard way when my paper log got coffee spilled on it and the IRS questioned my deductions. Most apps use GPS to automatically track your drives and let you classify them as business or personal. They generate reports you can use for taxes. Many are free for basic usage. Trust me, it's worth switching to digital!
0 coins
Andre Laurent
ā¢Thanks for the suggestion! Any specific apps you'd recommend? I'm definitely tired of trying to remember to write everything down, especially when I'm rushing between deliveries.
0 coins
Fatima Al-Maktoum
ā¢I've been using MileIQ for about 2 years and it's been really reliable. Stride is another popular one that's completely free and also helps track other business expenses. Everlance is good too - it has a free tier that lets you track up to 30 trips per month. The key is finding one that runs in the background without killing your battery. Most will let you export your mileage log as a PDF or spreadsheet at tax time, which looks way more professional than a handwritten notebook if you ever get audited.
0 coins
Dylan Mitchell
I don't think anyone mentioned an important point - if you're using your car for a delivery job, you're probably an independent contractor (1099 worker), not an employee. This means: 1. No taxes are withheld from your pay 2. You'll need to pay self-employment tax (15.3%) 3. You might need to make quarterly estimated tax payments Deducting your mileage and other business expenses is critical because it reduces your taxable income and therefore your tax bill!
0 coins
Sofia Gutierrez
ā¢This!!! I learned this the hard way my first year delivering. Didn't make quarterly payments and got hit with a penalty. The mileage deduction saved me though - turned a $3200 tax bill into about $850.
0 coins
Andre Laurent
ā¢Wait, I think I might be confused now. My boss gives me cash at the end of each shift plus I keep the tips. He's never mentioned anything about a 1099 or being a contractor. Does that mean I'm an employee? How do I figure this out?
0 coins