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Ask the community...

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Sophie Duck

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One thing to consider - are you suing just for the unpaid compensation or also for damages like breach of contract, etc.? The IRS looks at the "origin of the claim" to determine deductibility. In my experience as a freelance consultant, I had to split my legal fees between Schedule C (for recovering unpaid invoices) and Schedule A (for the portion related to punitive damages). This was pre-2018 though, and the rules for miscellaneous itemized deductions have changed with the Tax Cuts and Jobs Act.

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Wait, can you still deduct legal fees on Schedule A at all? I thought those miscellaneous deductions were completely eliminated with the 2017 tax law.

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Sophie Duck

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You're right about the changes. Prior to 2018, you could deduct certain legal fees as miscellaneous itemized deductions on Schedule A, subject to the 2% AGI limitation. After the Tax Cuts and Jobs Act, most miscellaneous itemized deductions were suspended through 2025. For legal fees now, the best approach is to tie them directly to business income whenever possible so they can be deducted on Schedule C. For a 1099 contractor like the original poster, this should be straightforward since they're suing to collect business income. The key is making sure you can substantiate that the legal expenses are ordinary and necessary business expenses directly related to your self-employment activities.

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Anita George

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Don't forget that if you win your case, you'll need to report the entire amount as income (including any portion that goes to your attorney as fees). The Supreme Court decided this in Commissioner v. Banks. But then you deduct the legal fees on Schedule C, effectively only paying tax on what you actually receive.

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Is this still true even with contingency fees? My attorney takes 30% if we win. Do I really have to report the whole amount including what goes directly to the lawyer?

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Have you considered specializing in bookkeeping for a specific industry? I made this transition a few years ago - went from general bookkeeping/taxes to focusing exclusively on bookkeeping for restaurants. By becoming an expert in one industry, I was able to charge premium rates for bookkeeping because I understand the specific challenges and opportunities in the restaurant business. I created standardized processes that work specifically for restaurants, which made my services much more valuable. The industry focus gave me a clear marketing message too. Instead of being another generic bookkeeper, I became "the restaurant bookkeeping specialist" in my area. Started hosting workshops for restaurant owners about financial management, which brought in tons of new clients who never even asked about tax prep.

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Gabriel Ruiz

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That's a really interesting approach! Did you have previous experience in the restaurant industry, or did you just decide to focus there? I'm wondering what industry I should target if I go this route.

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I had worked as a server and bartender through college, so I had some familiarity, but I wasn't an expert when I started. I chose restaurants because there were many in my area and I noticed they had specific bookkeeping challenges (inventory, tips, high turnover, etc.) that general bookkeepers often handled poorly. For choosing your industry, look at your existing client base and see if you already have a concentration in one area. Otherwise, consider industries that: 1) have many businesses in your location, 2) typically struggle with financial management, and 3) you find personally interesting. Healthcare practices, construction companies, e-commerce businesses, and professional services firms are all good options with specialized bookkeeping needs.

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Aria Khan

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My two cents as someone who did exactly what you're trying to do: Offer "bookkeeping plus" instead of tax prep. I created quarterly financial review packages that include bookkeeping plus business advisory services - profit analysis, cash flow forecasting, tax planning (not prep), and strategic recommendations. Clients actually value this MORE than tax prep because it helps them make better decisions year-round. When tax season approaches, I have reliable tax partners I refer clients to. I still coordinate with the tax preparers, providing clean books and documentation, but I don't do any actual tax filing. This arrangement works beautifully - clients get better service overall, I focus on what I enjoy, and the tax pros get pre-organized clients.

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This is brilliant! How do you structure pricing for these quarterly packages? Do you charge a flat rate or is it based on business size/complexity?

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Don't forget about state taxes for your LLC! Federal is only part of the picture. Depending on your state, you might have: - Annual LLC fees (in California they're $800/year - ouch!) - State income tax on your LLC profits - Possible sales tax collection requirements for your jewelry I learned this the hard way with my consulting LLC last year. Got hit with penalties because I didn't realize my state had different filing requirements than federal.

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OMG thank you for mentioning this! I completely forgot about state requirements. I'm in Michigan - do you know if they have any special LLC fees I should know about? Also, do I need to collect sales tax on online sales to other states?

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Michigan is much more reasonable than California! They have an annual LLC filing fee of just $25 (due February 15th each year). You'll need to file an annual statement to maintain your LLC status. For sales tax, Michigan requires you to collect sales tax on in-state sales. For out-of-state sales, it depends on your sales volume in each state and their specific economic nexus laws. If you're selling through platforms like Etsy or Amazon, they might handle this for you in many states. But if you're selling through your own website, you'll need to research each state's requirements. Generally, if you have less than $100,000 in sales or fewer than 200 transactions in a state, you might be exempt from collecting sales tax there.

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Paolo Ricci

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Quick tip on tracking expenses for your single member LLC: get a separate business credit card NOW! I mixed personal and business expenses my first year and tax time was a nightmare. Also, if you use your personal vehicle for business (like delivering jewelry or going to craft shows), keep a detailed mileage log. You can deduct 67 cents per mile for 2025 which adds up fast!

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Amina Toure

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Is there a good app you recommend for tracking mileage? I always forget to log my trips for my business.

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I work in a university bursar's office, and I can tell you this happens because of how our accounting systems work. When you pay your bill, our system automatically allocates your payment based on internal rules, which often prioritizes upcoming charges. In your case, it sounds like they received your payment for Fall, applied what was needed there, and then automatically allocated the rest to your Spring charges that were already in the system. For 1098-T purposes, some schools report based on these allocations rather than actual payment dates. My advice: always keep your own payment records showing exactly when you paid and what semester you were paying for. This documentation is your best defense if there's ever a question about which tax year certain education expenses should be claimed in.

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Thanks so much for explaining from the university side! Does this mean universities just routinely report things in a way that doesn't match how taxes are supposed to be filed? Seems like this could cause problems for tons of students.

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Yes, unfortunately, it happens quite frequently. University accounting systems are designed primarily for the school's financial tracking, not for optimal tax reporting. Many schools use Banner or similar systems that allocate payments based on an internal priority list rather than student intent. This disconnect is why the IRS allows taxpayers to claim education expenses based on when they actually made payments, not necessarily what's on the 1098-T. The form is considered informational, not definitive. This is also why we always advise students to keep their payment receipts and confirmation emails. If you're ever questioned, having documentation of your actual payment dates will resolve any discrepancies.

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Does anyone know if this affects the American Opportunity Credit? I'm in a similar boat with my daughter's college expenses and I'm supposed to file my taxes this weekend!

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Yes, it definitely affects the AOTC! Remember the American Opportunity Credit is based on what you PAID in the calendar year, not what was billed. So only count what you actually paid in 2023, regardless of what the 1098-T says.

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Ev Luca

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Just want to add another consideration - if your LLC owned the property directly (rather than you personally), there might be some passive activity loss limitations to think about. The tax treatment can vary depending on whether you materially participated in the business before it closed. Also, if the property has been repurposed or is being held for investment now rather than for business use, that could change things too. Might be worth chatting with a CPA who specializes in small business issues.

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Dyllan Nantx

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The LLC never owned the property - it was rented commercial space. The property taxes I'm referring to are personal property taxes on business equipment and fixtures, not real estate taxes. Does that change anything about how I should handle this?

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Ev Luca

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That actually makes your situation clearer and potentially simpler. Personal property taxes on business equipment and fixtures are definitely business expenses. Since you had a single-member LLC that was disregarded for tax purposes, you can claim these on your Schedule C even with zero income now that the business is closed. Make sure you categorize them correctly on your Schedule C as "Taxes and licenses" rather than lumping them in with other expenses. This provides clearer documentation if your return is ever questioned. The fact that these are specifically business personal property taxes strengthens your position for taking the deduction.

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Avery Davis

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Has anyone mentioned the time limit on this? I think you can only continue deducting expenses for a reasonable amount of time after a business closes. If your business closed in 2020 during the pandemic and you're still paying these taxes in 2025, the IRS might question why you still have these business assets.

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You're thinking of the hobby loss rules, which is different. There's no specific time limit for legitimate business expenses related to winding down a business. As long as these are actual business property taxes tied to business assets, they remain deductible until the obligation ends or the assets are disposed of.

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Avery Davis

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Thanks for the clarification. I was confusing this with the rules about businesses that never make a profit. Glad to know there's no specific cutoff for winding down expenses as long as they're legitimate.

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