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Don't forget to check if you qualify for an Earned Income Tax Credit especially with one spouse not working now. That can significantly reduce what you owe or even give you a refund depending on your income level and if you have kids. Also, did you both adjust your W-4 withholdings after getting married? A lot of newlyweds forget this step and end up underwithholding throughout the year, which results in owing money at tax time.
Thanks for mentioning this. We actually don't have kids yet, so I'm not sure if we'd qualify for the EITC. And honestly, I don't think either of us updated our W-4s after getting married - I didn't even know that was a thing we needed to do. Would fixing that help us for this year's taxes or just for next year?
You can still qualify for EITC without children, though the amount is smaller. It depends on your income level - for 2023 taxes, married couples filing jointly with no qualifying children can get EITC if their income is below about $24,210. Regarding the W-4 adjustments, unfortunately that would only help you for future tax years, not for the return you've already filed. But you should definitely both submit new W-4 forms to your employers right away to prevent this problem next year. When both spouses work, you often need to withhold at a higher rate than single filers to account for your combined income pushing you into higher tax brackets. The IRS has a Tax Withholding Estimator tool on their website that can help you fill out your W-4 correctly.
One thing no one's mentioned yet - have you considered filing Married Filing Separately instead of jointly? Sometimes that can result in a lower tax bill depending on your situation, especially if one of you has significant medical expenses or other itemized deductions.
This is generally bad advice for most people. MFS rarely results in tax savings and actually disqualifies you from several tax benefits like education credits, child care credits, and earned income credit. It's usually only beneficial in very specific situations like when one spouse has income-based student loan payments or massive medical expenses.
This is actually a fairly common issue with new LLCs. Here's what's important: If you've been filing and paying taxes consistent with S-corp status for 2021 (meaning you filed Form 1120-S and issued yourself a W-2 as an employee-owner), you have a much stronger case for retroactive election. When filling out Form 2553, check Box D1 in Part I for the January 1, 2021 effective date. In Part III (Late Election Consent), explain that you've been operating with the understanding that you were an S-corporation and have filed all relevant tax documents accordingly. The IRS is generally pretty reasonable with the relief provision if you've been consistent in your tax treatment.
Thanks for this info! I did file Form 1120-S for 2021 and issued myself W-2s, so sounds like I've been operating consistent with S-corp status. I was just confused about whether I could put January 1 as the effective date when my LLC wasn't technically formed until March. I'll definitely check Box D1 and explain the situation in Part III as you suggested. Do you think I should attach anything else to the form when I send it in? Like copies of my 2021 tax filings to prove I've been operating as an S-corp?
Yes, you should absolutely attach copies of your 2021 Form 1120-S and any W-2s you issued yourself as supporting documentation. This demonstrates to the IRS that you've been operating consistently as an S-corporation. Also consider attaching a brief cover letter referencing the IRS notice you received and explaining your intention to address this with the late-filed election. I'd also recommend sending it certified mail so you have proof of submission. The IRS can be slow to process these, so having documentation of when you submitted everything can be important if they follow up again before processing your election.
Something nobody's mentioned yet - make sure you're using the CURRENT version of Form 2553. The IRS updated it in December 2023 and they're pretty strict about using the correct version.
Good point! I made this mistake last year and they rejected my filing, adding another 2 months to the process. You can download the current version directly from irs.gov rather than using any forms that might be outdated on tax preparation websites.
One thing nobody has mentioned yet - you should look at the trust document itself. Some trust agreements have specific provisions about accounting and tax filing requirements that might differ from the standard practice. While most revocable trusts with living grantors don't require 1041 filings, there are occasional exceptions. Also worth considering whether the trust owns any unusual assets or has special provisions that might have led the corporate trustee to file separately. For example, if the trust owns an interest in a business, there might be reasons for separate filings.
That's a great point that I hadn't considered. I'll definitely review the trust document. The trust does own some investment properties besides just basic investment accounts. Could that be why they were filing 1041s? Would the nature of the assets change how it should be reported?
Investment properties within a revocable trust still maintain the grantor trust status, so that alone wouldn't necessitate 1041 filings. The income and expenses from those properties should flow through to your uncle's personal return. Sometimes corporate trustees follow standardized procedures regardless of whether they're necessary for tax purposes. They might file 1041s for all trusts they manage, even when not required. This creates additional paperwork but doesn't necessarily change the tax outcome if done correctly with proper grantor trust reporting.
Just want to add one practical tip - when you take over as trustee for a revocable trust, it's usually a good idea to get an EIN for the trust even if you're not filing 1041s. Many financial institutions require an EIN for trust accounts, and having one doesn't obligate you to file trust tax returns if it's a grantor trust.
Some practical advice from someone who's been an indie contractor for 7 years: 1. Immediately open a separate business checking account and business credit card. Keep ALL business transactions separate from personal. 2. Track EVERYTHING. Every mile driven for business, every coffee with a potential client, every subscription, every piece of equipment. 3. Pay quarterly estimated taxes ON TIME to avoid penalties. I use a separate savings account and transfer 30% of each payment I receive. 4. A good CPA will likely save you more than they cost. Interview a few who specialize in self-employment. 5. Consider a SEP IRA or Solo 401k - you can contribute WAY more than with a regular 401k, which offsets some of the self-employment tax pain.
Thanks for the solid advice! For the quarterly taxes, is it just a flat 30% of income or does it vary based on what expenses I've had that quarter? Also, do most banks offer business accounts to sole proprietors or do I need an LLC first?
The quarterly tax amounts should ideally be based on your actual profit for that quarter (income minus expenses), but many contractors use a simplified approach of setting aside a percentage of gross income to make it more manageable. The 30% is just a rule of thumb - your actual percentage might be higher or lower depending on your state tax situation and deductions. Most banks absolutely offer business accounts to sole proprietors - you don't need an LLC first. You'll typically need your Social Security number and possibly a DBA ("doing business as") registration if you're operating under a business name that's not your personal name. I'd recommend shopping around as some banks offer free business checking while others charge monthly fees.
The others gave good advice on the tax side, but the critical thing I learned about contract work: GET DISABILITY INSURANCE. Like yesterday. When you're an employee, you probably have some short/long term disability coverage and workers comp. As an indie, if you get sick or injured, you get $0. Disability insurance is expensive but without it, one bad accident could financially ruin you. Same goes for health insurance if they're not offering benefits. The marketplace plans might be more expensive than you're used to with employer coverage.
Can confirm this 100%. I broke my wrist in a bike accident last year and couldn't code for 8 weeks. No income coming in but rent and bills still due. The disability insurance I had grumbled at paying for? Saved me from emptying my emergency fund.
Andre Dupont
For multi-state resale exemptions, I highly recommend the Multistate Tax Commission's Uniform Sales & Use Tax Certificate. Many states accept it (though not all), which can reduce your paperwork significantly. Here's the link to the latest version: https://www.mtc.gov/Resources/Uniform-Sales-Use-Tax-Exemption-Certificate But be careful - some states (looking at you, California and New York) are notoriously picky and usually require their own state-specific forms regardless.
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Zoe Papanikolaou
ā¢Does anyone know if Texas accepts this MTC form? Their website is so confusing and I've gotten different answers from different people at their tax department.
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Andre Dupont
ā¢Texas does accept the MTC form, but with some caveats. They're technically a member of the Multistate Tax Commission, but they sometimes require additional documentation if you're not registered in Texas and you're doing dropshipping where the final customer is in Texas. I've found it's always safest to call the state's department of revenue directly for your specific situation. The rules for dropshipping in particular vary tremendously between states and can change without much notice.
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Jamal Wilson
One thing nobody has mentioned yet - if your annual sales to a particular state are under their economic nexus threshold, you might not need to worry about sales tax collection there at all! Each state has different thresholds (usually $100k or 200 transactions). I kept a spreadsheet tracking my sales by state and only registered in states where I exceeded the thresholds. Saved me tons of paperwork!
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Mei Lin
ā¢But don't you still need to provide resale certificates to your suppliers regardless of whether you have nexus in a state? My understanding is these are separate issues - nexus determines if you collect tax from customers, while certificates prevent you from paying tax to suppliers.
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Jamal Wilson
ā¢You're absolutely right - I should have been clearer. Nexus and resale certificates are related but separate issues. You need to provide resale certificates to your suppliers to avoid paying sales tax on purchases intended for resale, regardless of your nexus status. What I meant was that tracking your sales by state helps you determine where you need to register for sales tax permits, which you often need before you can get a valid resale certificate for that state. Some states will issue resale certificates even without nexus, while others require you to have nexus and be registered first.
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