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I think everyone's overreacting here. Tax preparers use different strategies - some more aggressive than others. Unless your guy is claiming totally fictional deductions like dependents who don't exist, it's probably just a difference in risk tolerance. Most "questionable" returns are just maximizing gray areas in the tax code. My brother-in-law is a CPA and says the IRS is so understaffed they only audit a tiny percentage of returns. You could probably just switch preparers and move forward without any issue. Why create problems for yourself?
This is dangerous advice. The IRS may be understaffed, but their computer systems automatically flag suspicious returns and discrepancies. They can also open audits years after filing. When they do catch fraudulent returns, the penalties and interest can be devastating. I've seen people lose their homes over this kind of thinking.
I'm not suggesting anyone commit fraud - just pointing out that "aggressive" tax preparation isn't necessarily illegal. There's a difference between creative but legitimate deductions and outright fraud. Most preparers operate in the gray zone where they're maximizing every possible deduction while staying technically within the rules. The reality is that many people switch preparers without facing any consequences. The IRS processes over 150 million individual returns annually and audits less than 1%. If the issues aren't egregious, there's a good chance nothing will happen, especially if future returns are filed properly.
Has anyone just tried talking to their tax preparer about their concerns? Before I switched from my questionable guy, I scheduled a meeting and asked him to explain some deductions I didn't understand. His reaction told me everything - he got defensive and couldn't provide documentation. If your preparer can explain their methodology clearly and stands by their work, maybe it's just aggressive but legal preparation?
I did this and it backfired badly. My "tax guy" realized I was questioning him and suddenly "lost" my previous years' documentation. Then he started saying any problems were because of information I provided, not his work. It created a huge mess. I'd recommend having a new preparer review things first before confronting the old one.
I think this approach depends entirely on the relationship and the preparer's character. Some might be open to explaining their process, while others could see it as a threat and react poorly. If you do meet with them, make it conversational rather than accusatory. Ask things like "Can you help me understand this deduction so I can keep better records for it next year?
Something else to consider - if you received profit interests but not voting/management rights, you might be what's called a "passive partner." This can impact whether you owe self-employment tax on the distributed income. My LLC tried to avoid this whole issue by creating a management corporation and having employees with profit interests technically employed by the management company. Might be worth exploring if your company wants to keep you as a W-2 employee but also give you equity.
That's interesting! My agreement definitely doesn't give me any voting rights - just economic interests. Do you know if that changes the tax classification situation? And would your management company approach be something I could suggest to my employer as a potential solution?
If you only have economic interests without voting rights, you might qualify as a limited partner, which could exempt your profit interest income from self-employment tax. However, if you're still providing services to the LLC, the IRS might still consider it subject to self-employment tax. The management company approach could definitely be worth suggesting. Basically, a separate entity (often an S-Corp) is created to be the managing member of the LLC. Employees work for this management entity and receive W-2s from it, while still holding profit interests in the underlying LLC. It's more complex to set up but can solve exactly this employee/partner issue. The company would need a tax attorney to structure it properly, but it's fairly common for growing startups that want to give equity while maintaining traditional employment relationships.
Can't you just file Form 8082 "Notice of Inconsistent Treatment" with your tax return? That way you can still file using the W-2 they gave you, but notify the IRS that you believe your status should actually be partner not employee. I did this when my S-corp gave me a 1099 when they should have given me a W-2. It flags to the IRS that you're aware of the issue and aren't trying to hide anything.
Bad advice. Form 8082 is for when you're reporting differently than a partnership return already filed, not to contradict a W-2. If you file with a W-2 when you should be getting a K-1, you're setting yourself up for trouble later.
The pricing varies so much depending on where you live! In my HCOL city, I paid $1200 for a similar situation (my consulting LLC and husband's W-2), which seemed reasonable for our area. But friends in smaller towns paid half that. Where are you located? That could be affecting the price.
This is true! I'm in rural Missouri and pay $450 for my photography business taxes. My sister in Chicago pays almost triple for basically the same service.
Regardless of who you go with next year, start keeping REALLY good records now! I use QuickBooks Self-Employed ($15/month) to track all my business expenses, mileage, etc. Having organized records cut my tax prep fee by almost 40% because my accountant didn't have to sort through a shoebox of receipts. Even if you DIY, good bookkeeping makes everything easier.
Don't forget to check if your employer's stipend is part of a QSEHRA (Qualified Small Employer Health Reimbursement Arrangement) or an ICHRA (Individual Coverage Health Reimbursement Arrangement). These are formal arrangements that have different tax implications than just a regular stipend. If it's a QSEHRA, there are annual limits ($5,850 for individual coverage or $11,800 for family coverage in 2023) and the reimbursements can be tax-free if you maintain qualifying health insurance. The employer should provide documentation if this is the case.
Thanks for bringing this up! I just checked with my wife and her employer specifically said it's just a "health insurance stipend" with no mention of QSEHRA or ICHRA. Her company is fairly large (200+ employees) if that matters for these arrangements?
That's important information! QSEHRAs are only available to employers with fewer than 50 full-time employees, so with 200+ employees, your wife's company wouldn't qualify for that arrangement. For larger employers, if they don't offer a group health plan but want to help with health costs, they typically provide taxable stipends exactly like what you described. That means the money is included in her taxable wages and subject to income tax and employment taxes.
Important note: check if you're eligible for the Self-Employed Health Insurance Deduction! If either of you has any self-employment income (even a side gig), you might be able to deduct health insurance premiums up to the amount of your net self-employment income. This is an "above-the-line" deduction, meaning you don't need to itemize to claim it.
This is so important and often overlooked! My husband and I were paying $720/month for private insurance while I also had a small freelance business. Our accountant pointed out we could deduct a portion of our premiums against my self-employment income, which saved us over $1,400 in taxes.
Madison Tipne
19 Don't feel bad about not understanding this stuff! I'm 32 and only figured out self-employment taxes last year after getting hit with a huge bill. Here's my super simple explanation: The $400 limit is for the ENTIRE YEAR after your business expenses are subtracted. So if you make $5,000 from freelancing but spend $1,000 on legitimate business expenses, your "net profit" is $4,000. If that net profit is over $400 for the year, you need to pay self-employment tax (which is just Social Security and Medicare taxes). It's about 15.3% of your profit. And yes, it's ridiculous this isn't taught in school! I've learned everything the hard way too.
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Madison Tipne
•1 Thanks for breaking it down! Do you know if I need to make quarterly tax payments? I'm so confused about that part too.
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Madison Tipne
•19 If this is your first year of self-employment, you generally don't have to make quarterly payments. But for next year, if you expect to owe $1,000 or more in taxes, you'll need to make quarterly estimated payments. A good rule of thumb is to set aside 25-30% of your profit for taxes. This covers both the self-employment tax (15.3%) and your regular income tax. You can adjust this based on your personal tax situation.
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Madison Tipne
4 Does anyone know a good app for tracking self-employment income and expenses? I'm trying to stay organized but my system is basically just a mess of screenshots and notes on my phone right now lol
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Madison Tipne
•16 I use QuickBooks Self-Employed and it's been pretty good. You can link your bank accounts and it helps categorize everything as business or personal. It also calculates your estimated quarterly taxes which helped me a ton with that $400 threshold confusion.
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