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One thing nobody's mentioned yet - check if your state has any tax implications from this too! When I had a similar issue with a retirement distribution, I found out I owed state taxes as well. The IRS notice doesn't address that part, so you might have a separate issue with your state tax agency.
Oh man I hadn't even thought about state taxes. I'm in Virginia - do you know if they handle 401k distributions the same way the feds do?
Virginia generally follows the federal treatment of retirement distributions, so if it's taxable for federal purposes, it will likely be taxable for Virginia as well. However, Virginia has its own deductions and credits that might help offset some of the additional income. I'd recommend checking the Virginia Department of Taxation website or contacting them directly. You might need to file an amended state return as well. Virginia's statute of limitations for tax assessments is generally 3 years, so they could potentially come after you for this even if they haven't yet.
Have you looked into setting up an installment agreement? With a $65k bill, the IRS will almost certainly work with you on a payment plan. You'll still accrue some interest, but it's way better than trying to pay it all at once.
This is good advice. I set up an installment agreement for about $40k a few years ago. Process was actually pretty straightforward online for amounts under $50k, but for $65k you'll probably need to call and talk to someone. They'll ask about your monthly expenses and income to determine what you can pay.
One thing nobody's mentioned - for contractors specifically, insurance rates can be different between LLC and LLP. Our insurance broker gave us a better rate on general liability and workers comp for our LLC versus what we would have paid as an LLP. Something to consider when making your decision since insurance is a major expense in contracting.
Is that true across all states? I'm in Florida and starting a similar business. Did your broker explain why there's a difference in rates between the two structures?
From what our broker explained, it's not universal across all states but is common in many. The difference comes from how insurance companies assess risk based on historical claims data. They have more data on contractor LLCs than LLPs since LLCs are much more common in the construction industry. In Florida specifically, I've heard the difference can be even more pronounced because of how your state handles construction defect claims and the associated liability. Insurance companies have specific rating factors for different business structures, and LLCs in contracting tend to have more favorable loss histories in their actuarial data. Definitely worth getting quotes for both structures from a broker who specializes in contractor insurance.
Don't forget about self-employment taxes! With both LLC and LLP taxed as partnerships, you'll pay self-employment taxes (15.3%) on your entire distributive share. Once you're making decent money, you might want to consider having your LLC elect S-Corp taxation status to potentially reduce those taxes. My contracting business started as an LLC partnership but we switched to S-Corp taxation after hitting about $200k in profits. Saved us thousands in SE taxes while maintaining the liability protection of the LLC structure.
Can you explain more about how that works? We're just starting but hoping to grow quickly. How complicated was switching to S-Corp taxation?
To add another perspective, I use a CPA for my business who handles all the e-filing for me. The fee is worth it for peace of mind, especially since tax laws change constantly. My CPA has her own ERO credentials and I never have to think about any of this stuff. Not the cheapest option, but after making a costly mistake trying to DIY my taxes a few years ago, I decided professional help was worth it. Just another option to consider if the whole process is giving you a headache.
What's the ballpark cost for having a CPA handle an 1120S for a small business? My biggest concern with hiring someone is cost since we're pretty straightforward (just retail sales, no crazy deductions or situations).
For my business, which is similar in size to yours (about $280K in revenue), I pay around $1,200 for the 1120S preparation and filing. That includes quarterly check-ins and some basic tax planning. I know that might seem expensive compared to software that costs $150-200, but the CPA found enough legitimate deductions to more than cover her fee. The peace of mind is the biggest benefit though. No stress about making mistakes or missing deadlines. Plus, if there's ever an audit or question from the IRS, she handles all communication. For me, the cost is just another business expense that actually provides real value.
One thing no one's mentioned yet - if you do use software to e-file your 1120S, make sure it's actually authorized for business returns. Not all tax software handles business returns, and even fewer handle corporation returns like 1120S. I learned this the hard way last year when I bought the wrong version of a popular tax software and had to upgrade at the last minute to actually file my S-corp return electronically. Double-check before you buy!
Great point! I use Drake Software for my small business and it handles all the business forms including 1120S. It's less known among casual users but very popular with tax professionals. The interface isn't as pretty as TurboTax but it gets the job done at a reasonable price.
Don't forget about optimizing your business structure. I switched from sole proprietorship to S-Corp for my IT consulting and saved nearly $18,000 in self-employment taxes last year. The key is paying yourself a reasonable salary and taking the rest as distributions which aren't subject to SE tax. Just be careful to document why your salary is "reasonable" for your industry and workload. Too low and it's a red flag. I found industry compensation reports and saved them as documentation.
What's considered "reasonable" though? That seems super subjective. I do cybersecurity consulting and charge $175/hr but only take home about $80k in salary and the rest as distributions. Is there some formula or percentage that's considered safe?
I track all software subscriptions meticulously and categorize them. You'd be surprised how many consultants lump these together, but breaking them out properly (development tools vs. productivity software vs. cloud services) can help if you're ever audited. Also, if you're creating any intellectual property through your consulting (custom code, frameworks, etc.), consider exploring R&D tax credits. They're not just for big companies. My accountant also helped me set up an accountable plan to reimburse myself for business expenses paid from personal accounts without triggering taxable income.
The R&D tax credit is intriguing - I develop custom solutions for clients frequently. What kind of documentation is needed to support R&D credit claims? I keep detailed time logs already, but wonder if there's specific additional documentation I should be maintaining.
For R&D credits, you'll want to maintain several types of documentation. Time tracking is a good start, but break it down to show which hours were spent on activities that qualify (experimentation, development of new techniques, solving technical uncertainties) versus routine work. Keep design documents, project plans, and technical specifications that show the innovation challenges you were addressing. Emails or meeting notes discussing technical problems and proposed solutions are valuable. Document testing procedures and results, especially failed approaches that led to new directions. It's also helpful to have a narrative for each project explaining why it required innovation rather than just applying existing solutions.
Isabella Costa
Just wanted to add something important: If you decide to go the guaranteed payment route, remember these payments are subject to self-employment tax for your sister. Make sure she's aware she'll need to make quarterly estimated tax payments on this income. Our LLC does something similar, and we actually gross up the payments to help cover the SE tax burden so our member isn't surprised by a big tax bill.
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Malik Jenkins
ā¢Can you explain how the "gross up" works? Do you just pay them more to cover the taxes, or is there some specific calculation?
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Isabella Costa
ā¢We basically increase the payment amount to account for the roughly 15.3% self-employment tax they'll owe. So if we want them to net $1,000 after SE tax, we'd pay about $1,180 instead. There's no perfect calculation because their actual tax situation depends on all their other income and deductions, but this is a rough approximation that helps prevent surprises. We record the full grossed-up amount as the guaranteed payment on their K-1.
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Freya Andersen
Does anyone know if there are any circumstances when an LLC COULD issue a 1099-NEC to a member? My accountant insists it's possible in certain situations but I'm not convinced.
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Eduardo Silva
ā¢There's a narrow exception if the LLC has elected to be taxed as an S-Corp (not a partnership) AND the payments are for services outside the member's normal owner duties. But that's clearly not the case for the original poster since they file Form 1065 as a partnership.
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