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One thing nobody's mentioned yet is the QBI (Qualified Business Income) deduction, which allows eligible pass-through entities to deduct up to 20% of their qualified business income. This deduction works differently depending on your tax classification. For a pass-through sole proprietorship, the calculation is usually straightforward. But with an S-Corp, the salary you pay yourself doesn't count toward QBI, only the distribution portion does. So while you save on self-employment taxes with an S-Corp, you might reduce your QBI deduction. At lower income levels, this is another reason the pass-through option might be better initially. As your income grows and you potentially hit the QBI phase-out limits, the calculation changes.
I hadn't even considered the QBI deduction! So are you saying that with the pass-through option I might actually get a larger QBI deduction than with an S-Corp because the entire profit would be eligible? What income levels does the QBI start to phase out?
Exactly right. With pass-through, your entire profit is potentially eligible for QBI. With an S-Corp, only the distribution portion (not your salary) is eligible. The QBI deduction begins to phase out in 2025 at taxable income of $382,200 for single filers and $384,400 for married filing jointly. It fully phases out at $432,200 for single and $434,400 for married. These thresholds change each year with inflation. If your business is a "specified service trade or business" (like consulting, health, law, etc.), these limits are particularly important since you lose the deduction completely above the threshold.
Just wanted to share a real-world cautionary tale. I started my graphic design LLC with pass-through treatment, but switched to S-Corp after reading online that it would save me money. Big mistake without proper guidance. I didn't realize how much work would be involved - quarterly payroll filings, separate tax return, state unemployment accounts, workers' comp requirements in my state, additional bookkeeping to separate personal from business transactions, etc. I was spending 5-6 hours EVERY month on compliance that I could have spent on billable work. After 2 years, I switched back to pass-through and started paying the self-employment tax again because the mental burden and time cost wasn't worth the tax savings (which were about $4,200/year for me). Unless you're making significant profit OR plan to hire employees soon anyway, the default pass-through is usually simpler.
One thing nobody's mentioned yet - you need to CHECK YOUR STATE TAX SITUATION too! If your federal Schedule-C was messed up, your state returns are almost certainly wrong as well. Most states have similar processes for amending returns and reporting preparer fraud. Also, check if your preparer has a PTIN (Preparer Tax Identification Number). Legitimate tax preparers are required to have one, and if yours didn't, that's another red flag you can report. You might want to look them up on the Better Business Bureau and file a complaint there as well.
Omg you're so right about the state taxes! I didn't even think about that. And no, I don't recall seeing a PTIN anywhere on our returns but I'll double check. When we confronted him about the federal audit, he didn't mention anything about potential state issues either. Should I be contacting the state tax agency proactively or wait until after dealing with the federal audit?
I'd recommend dealing with the federal issue first since that's the immediate concern with the audit notice. However, you should at least pull copies of your state returns to review them. Most states have processes for amending returns similar to the IRS. Once you have your federal situation under control with proper representation, your tax professional can help address the state issues too. They often go hand in hand, and many of the same corrections will apply to both. Just make sure to keep documentation of everything - communications with the preparer, the audit notice, and any amendments you file. This will help show your good faith efforts to correct the situation.
Has anyone mentioned potential penalties? That's what scared me the most during my audit. The IRS can charge accuracy-related penalties (usually 20% of the underpayment) for substantial understatements or negligence. But if you can show "reasonable cause" - like you trusted a professional who you thought was legitimate - you might get those waived. Documentation is super important here. Keep every email, text, receipt from this preparer. If he advertised himself as legitimate or had credentials he claimed made him qualified, save all that too. All of this helps build your case that you acted in good faith.
This is key advice! When I went through my audit, I had all my communications with my sketchy preparer saved in a folder. The IRS agent specifically asked for evidence that I relied on professional advice, and those emails where my preparer assured me everything was "standard practice" made a huge difference in the outcome.
Some other AGI-lowering strategies to consider: - Unreimbursed partnership expenses if applicable - Capital loss harvesting (sell investments at a loss) for up to $3k AGI reduction - Contribute to traditional IRAs for both of you if eligible - Check if you qualify for the student loan interest deduction - Certain educator expenses if either of you are teachers - Health insurance premiums if self-employed Honestly though, with a $19k gap to close, it's going to be tough unless you have some business losses or other major deductions available.
Thanks for these suggestions! We don't have any partnership income or self-employment, but the capital loss harvesting is interesting. We do have some investments that haven't performed well. Would selling those at a loss help lower AGI this year?
Yes, capital loss harvesting would help lower your AGI. You can deduct up to $3,000 in net capital losses against ordinary income per year, which directly reduces your AGI. If you have investments that are currently at a loss, selling them would realize those losses that you can use on your tax return. Just be aware of wash sale rules - if you buy substantially identical investments within 30 days before or after selling at a loss, you can't claim the loss for tax purposes.
Any chance either of you have student loans? The student loan interest deduction can reduce AGI by up to $2,500, but it phases out at higher incomes. Still, every bit helps. Also, does your company offer any pre-tax benefits you're not taking advantage of? Some employers offer things like dependent care FSAs, commuter benefits, etc. that can lower your taxable income.
The student loan interest deduction phases out completely for married couples filing jointly when MAGI reaches $155,000, so that wouldn't help in their situation with $227k income unless they file separately. And if they file separately, neither spouse can claim the student loan interest deduction at all. It's one of those weird tax rules.
Has anyone contacted the executor of the owner's estate? When a business owner dies, there's usually someone legally responsible for handling their affairs. That person might be able to authorize Paycom to provide the W2s or at least provide the payroll records so you can determine your wages and withholdings for the year.
That's actually a really good idea I hadn't thought of. I believe the owner's sister is handling his affairs, but honestly we've all been keeping our distance out of respect while she's grieving. Maybe I could reach out carefully and just ask if she has any information about the business accounts or records. The restaurant was doing well financially, so there must be some kind of bookkeeping or records somewhere.
Approaching with sensitivity is definitely the right move. You might frame it as wanting to properly close out your employment relationship with the business rather than just tax documents. The executor likely has legal access to business records that could help everyone involved. If there was a business accountant or bookkeeper separate from Paycom, they might also have records that would be helpful. Many businesses keep separate financial records beyond what their payroll service maintains.
I just went through something similar. If you have your last pay stub from December, it should show year-to-date totals for your earnings and all withholdings. Those numbers are basically what would be on your W2!
This is 100% the way to go. I worked payroll for years and the YTD on your final December paystub should match your W2 exactly for most regular employees. Only difference might be if you had taxable benefits added after the last payroll was processed.
Jamal Harris
2 As a small business owner for 12+ years, I've tried both routes. Started with a tax preparer to save money, then switched to a CPA as things got more complex. My advice: For a NEW business, a CPA might actually be worth the extra cost upfront. They can help you set up the right business structure (LLC, S-Corp, etc.) which has HUGE tax implications. My biggest regrets came from not optimizing my business structure early on. A good CPA doesn't just file taxes - they help with strategy throughout the year. Mine checks in quarterly and helps me make smart decisions about equipment purchases, retirement contributions, and estimated tax payments. That said, if budget is tight, a tax preparer with small business experience is WAY better than trying to DIY everything. Just ask specifically about their experience with businesses in your industry.
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Jamal Harris
β’10 Do you think it's worth paying for quarterly meetings with a CPA if my business is still pretty small (making around $45k annually)? Or is that overkill at this stage?
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Jamal Harris
β’2 At $45k annual revenue, quarterly CPA meetings might be a bit much unless your business has unusual complexity. At that stage, I'd suggest an initial consultation with a CPA to set up your structure and accounting system correctly, then perhaps semi-annual check-ins (mid-year and year-end). Many small business owners at your stage do well with a solid tax preparer who has small business experience for the actual tax filing, combined with good bookkeeping software you maintain throughout the year. The key is keeping organized records all year, not scrambling at tax time. That approach gives you most of the benefits without the full CPA cost until your revenue justifies the added expense.
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Jamal Harris
13 Don't overlook Enrolled Agents (EAs)! Everyone always talks about CPAs vs tax preparers, but Enrolled Agents are federally licensed tax practitioners who often specialize in tax preparation and representation. They're usually more affordable than CPAs but have passed comprehensive IRS exams specifically about taxation. I've used an EA for my freelance business for years, and she's fantastic at finding deductions. She saved me over $3,800 last year compared to what I would have paid using online software! The credential to look for isn't always the most important factor - it's their experience with YOUR type of business. Ask any potential preparer how many clients they have in your specific industry and what their typical approach is to deductions in your field.
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Jamal Harris
β’19 I've never even heard of an Enrolled Agent! Are they allowed to represent you in an audit like a CPA can? How do you find a good one?
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