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Just want to add something nobody's mentioned yet. Your sister should check ASAP if annual S-Corp tax returns (Form 1120-S) have been filed properly for all those years. If she's missed filing those returns, the S-Corp election could potentially be terminated, which creates an even bigger mess. Also, most states require annual reports or statements for corporations, sometimes with fees. If those weren't filed, there could be state-level penalties or even administrative dissolution of the corporation. The missing bookkeeping is definitely a problem, but the missed filings could be an even bigger issue with more immediate consequences.
Oh wow, I hadn't even thought about the state filings or the S-Corp election potentially being terminated. She's in California, which I know can be pretty aggressive with business compliance stuff. Would a business attorney be needed alongside an accountant at this point?
California is actually one of the more challenging states for compliance - they have annual franchise tax minimums even for S-Corps with no profit. For California specifically, she'll need to check if the Statement of Information (Form SI-200) has been filed, and whether the $800 minimum franchise tax has been paid each year. At this point, I'd start with a good CPA who specializes in California S-Corps and business tax resolution. They can assess the situation first - a business attorney might be needed later, but accounting issues should be addressed first to understand the full scope of the problem. Most experienced CPAs will have relationships with business attorneys they can bring in if legal issues arise beyond tax compliance.
Something else to consider: How much income are we talking about here? If it's fairly minimal (like under $50k/year), the penalties might be manageable. But if your sister's business has substantial income, the missing "reasonable compensation" could mean significant unpaid payroll taxes. The IRS looks at the nature of the S-Corp's business to determine reasonable salary. If it's a service business where the owner is the primary service provider (like consulting, design, accounting, etc.), they typically expect a higher percentage of income as salary compared to businesses selling products.
This is a really important point. My friend had a similar situation with her graphic design S-Corp and the IRS determined her reasonable salary should have been about 70% of the business profit since she was the only person doing the actual design work. The back payroll taxes and penalties were brutal.
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.
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.
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.
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.
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.
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?
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.
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!
Is there a good app you recommend for tracking mileage? I always forget to log my trips for my business.
Just want to add another option - check with your state tax department too! In my case, my employer had submitted my W2 to the state but somehow messed up the federal submission. My state's department of revenue was able to provide me with the information I needed much faster than the IRS.
That's a great idea I hadn't considered! Do you know if I need to request this in person at a state tax office or can I do it online? My state's government websites are notoriously difficult to navigate.
In my state (Washington), I was able to request it online through their Department of Revenue portal. Most states have some kind of taxpayer access portal now where you can view your tax documents. Try searching "[your state] view tax documents online" or "[your state] tax transcript." If the online option doesn't work out, most states have a taxpayer assistance phone line that's usually much less busy than the IRS line. They can direct you to the right department or form to request your wage information.
If nothing else works, you can try filing Form 8822, Change of Address with the IRS. Sometimes when companies send W2s, they go to old addresses. Could be sitting in someone else's mailbox or returned to sender.
Would this help for last year's W2 though? Seems like the time for mail forwarding would have expired by now. Plus the OP already talked to the employer who seems to be avoiding helping them.
Zoe Papadakis
The 28% withholding seems high, but remember that's not just federal income tax. Your total withholding includes: - Federal income tax (probably around 12% in your bracket) - Social Security (6.2%) - Medicare (1.45%) - State income tax (varies by state, but can be 4-6%) - Local/city taxes (if applicable) - Any retirement contributions - Health insurance premiums When you add all that up, 28% total withholding isn't unusual. Your part-time jobs might have withheld less because with lower income, you'd have a lower effective tax rate, and maybe you weren't paying for benefits like health insurance or retirement.
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Nia Davis
ā¢That's a helpful breakdown. I didn't realize all those different taxes added up like that. My state tax is about 5% and I am contributing 3% to the company 401k (they match it). I think there's also a small city tax where I live. But even accounting for all that, when I calculate it out, it still seems like my federal withholding specifically is too high compared to what my actual tax rate should be. I'll definitely check my W-4 like others suggested.
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Zoe Papadakis
ā¢You're on the right track! The 401k contribution is actually helpful tax-wise because it reduces your taxable income, but it does decrease your take-home pay temporarily. The good news is you're getting that company match, which is essentially free money for your future. The combination of your state tax, city tax, FICA taxes (Social Security and Medicare), and federal withholding can definitely add up quickly. Definitely check that W-4 form - it's the most common reason for overwithholding. Many people don't realize that the default withholding often assumes you'll be making that same amount for the entire year, which can lead to higher withholding if you haven't worked the full year yet.
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Jamal Carter
Has anyone noticed that when you go from part-time to full-time, your tax rate often jumps dramatically? When I worked 25 hours a week at $16/hr, my withholding was like 15% total. Then I went full-time at the same job and suddenly it was 27%! I think the payroll systems annualize your income and calculate withholding based on what you'd make for a whole year at that rate. So they see full-time and calculate based on a higher annual income bracket.
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AstroAdventurer
ā¢That's exactly what happens! Payroll systems typically calculate your withholding as if each paycheck represents your normal pay for the entire year. So if you suddenly get a bigger paycheck, the system thinks "oh this person is now in a higher tax bracket" and withholds accordingly. The same thing happens with bonuses or overtime - they get withheld at a higher rate. The good thing is it usually balances out when you file your taxes, and you get the excess back as a refund.
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