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Ask the community...

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One thing nobody's mentioned yet - make sure you understand the timing requirements for S-Corp election. You need to file Form 2553 within 2 months and 15 days of the beginning of the tax year you want the election to take effect. If you miss that window, you're generally stuck waiting until next year (though there are some late election relief options). Also, keep in mind that an S-Corp must have a calendar year end (Dec 31). And once you start having the company pay your LLC, you'll need to keep clean books, potentially open a separate business bank account, and make sure you're segregating business and personal expenses.

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That's super helpful info about the timing! So if I want this for 2025 tax year, I'd need to file the S-Corp election by March 15, 2025? What if I form the LLC now in 2024 - does that change anything with the timing?

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If you form your LLC now in 2024 but want the S-Corp election to take effect for the 2025 tax year, you would need to file Form 2553 by March 15, 2025. If you plan to operate the LLC for the remainder of 2024 before the S-Corp election kicks in, your LLC would be taxed as either a sole proprietorship (single-member LLC) or partnership (multi-member LLC) by default for 2024, and then as an S-Corp starting January 1, 2025. During that interim period before the S-Corp election takes effect, you'd still be subject to self-employment tax on all profits. Many people form their LLC in Q4 of the year and then immediately file the S-Corp election for the upcoming year to minimize this interim period.

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Nathan Dell

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Has anyone considered the other costs involved with S-Corps? I'm looking at this same transition and discovered: 1. State franchise tax in my state (CA) is $800 minimum per year just to have an LLC 2. I need a registered agent ($100-300/yr) 3. Payroll service fees ($40-60/month) 4. Accountant fees for S-Corp tax return (~$1000+) 5. Bookkeeping software ($25+/month) Plus the hassle of running payroll, maintaining corporate minutes, etc. Seems like you need to be making good money for this to be worth it.

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Maya Jackson

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I'm in TX and we don't have the state franchise tax, so that saves a lot! My accountant says the breakeven point is around $60-70k in profit - below that and the administrative costs eat up the SE tax savings. Above $100k is where you really start seeing the benefits.

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Daniel Price

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4 Something important nobody's mentioned yet - check if your parents are claiming you as a dependent on their US taxes! If they are, you can't claim education credits yourself. They would have to claim them based on any expenses they actually paid for your education. I learned this the hard way last year when both my parents and I tried claiming my education expenses (they paid for my housing, I paid for books and materials), and it caused a whole mess with the IRS that took months to sort out.

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Daniel Price

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2 This is super important info! How can you check if your parents are claiming you? My parents and I don't really talk about taxes, but I'm pretty sure they might be claiming me since they send me some money every month for living expenses. Would that disqualify me completely?

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Daniel Price

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4 The most direct way to check is simply to ask your parents if they're claiming you as a dependent. There's no database you can access to verify this yourself. If your parents are sending you money for living expenses, that doesn't automatically mean they're claiming you. The dependency test is more complex than that - it involves your age, student status, how much of your own support you provide, and other factors. If you provide more than half of your own total support for the year, your parents generally can't claim you even if they help with some expenses.

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Daniel Price

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10 Quick tip about documenting those second-hand book purchases without receipts: take photos of the books with the course number and your name visible, screenshots of any electronic transfers you made to pay for them, and keep a spreadsheet with dates, amounts, and course information. Also save your course syllabi that show these materials were required. I did this for my study abroad in Spain, and it was enough documentation when I claimed the Lifetime Learning Credit. I got about $200 back, which wasn't huge but definitely helped!

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Daniel Price

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23 This is super helpful! Would Venmo or PayPal transfers to classmates count as documentation? That's how I've been paying for most of my secondhand books.

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Dylan Cooper

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Has anyone mentioned state taxes yet? If your state has income tax, you're probably behind on those too, and each state has different penalties and payment options. Don't forget to address both federal AND state when you're getting caught up!

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This is such an important point! I once got caught up on federal but completely forgot about state taxes. Ended up with a state tax lien that was a nightmare to deal with. Some states are even more aggressive with collections than the IRS.

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StarSailor

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Make sure when you file that you look into business deductions carefully. As self-employed, you can deduct legitimate business expenses like home office, equipment, software, professional development, travel for business, etc. This could substantially reduce what you owe. Might be worth consulting with a tax professional who specializes in self-employment taxes before filing.

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Aaron Lee

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Something nobody's mentioned is that you should make sure you enter the 401k distribution correctly in your tax software. When I did this last year, TurboTax initially calculated that I owed the 10% penalty because I didn't check the right exemption box. Double check that you've properly indicated any applicable exceptions to the penalty. Also, while the 20% withholding will be counted toward your total tax, remember the distribution itself will be added to your income, which could potentially push you into a higher tax bracket or reduce some of your credits. Every situation is different - it might be worth consulting with a tax professional given your specific circumstances.

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Logan Scott

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Thanks for bringing this up. I'm worried about how the 401K distribution might affect our Earned Income Credit. Do you know if retirement distributions count as income for calculating the EIC? We're really counting on that credit this year with our reduced income.

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Aaron Lee

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Yes, 401k distributions do count as income for calculating the Earned Income Credit, which is something to be aware of. The distribution could potentially reduce your EIC amount since it increases your AGI. However, it won't completely disqualify you if your overall income still falls within the EIC thresholds. For the Child Tax Credit, the same principle applies - the 401k distribution increases your income, which could affect the amount you receive if you're near a phase-out threshold. In your specific situation though, if you're truly below the poverty line even after counting the distribution, you'll likely still qualify for the full credits, but it's definitely something to watch when you're preparing your return.

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Were you able to document the foundation repairs as a qualified hardship? I had to take a 401k withdrawal for medical expenses last year and was able to avoid the 10% penalty entirely by showing that the expenses exceeded 7.5% of my adjusted gross income. The financial institution still withheld the 20% for taxes, but I got that back when I filed because my actual tax rate was lower. Just make sure you keep ALL receipts and documentation from the foundation repair. The IRS can request proof up to 3 years after you file.

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Is fixing a foundation considered a qualified hardship though? I thought it was limited to preventing foreclosure, medical expenses, education, or first-time home purchases. I don't think home repairs qualify unless they were to repair damage from a federally declared disaster.

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Something nobody mentioned yet - check if TurboTax actually DID generate the form but just didn't tell you to mail it. In the tax return PDF that TurboTax generated, search for "8453" and see if the form is included somewhere in there. Sometimes TurboTax generates forms but doesn't make it clear what you're supposed to do with them. I've had situations where I found forms buried in my final tax PDF that I didn't even know existed!

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Sofia Torres

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Just checked the full PDF and you're right! Form 8453 is actually in there on page 37, but there were no instructions about mailing it. So does this mean I DO need to send it in? Now I'm even more confused...

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If the form is in your tax return PDF, then yes, you should have mailed it. Form 8453 isn't filed electronically - it's a paper form that you're supposed to mail separately after e-filing your return. Look at the form in your PDF - if it's filled out with your information and has the consolidated crypto transactions referenced, then TurboTax determined you needed to file it. You should mail it as soon as possible with a brief explanation noting that it was inadvertently omitted from your original filing. It's better to send it late than never at all.

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Paolo Longo

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The rule of thumb I've been told by my accountant is: if you don't have a 1099-B from your crypto exchange, but you DO have transactions that would typically be reported on a 1099-B, then you should submit Form 8453 with a statement explaining your situation. Even though it's months later, I would still file it. Write a cover letter explaining that TurboTax didn't properly instruct you to file Form 8453, include a printout of your detailed transactions (not just the summary), and mail it to the IRS. Better to voluntarily provide more information than have them come asking for it later!

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Amina Bah

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I disagree. Form 8453 is for situations where you have signed documents or third-party issued documents that can't be e-filed. If Coinbase didn't issue you a 1099, you don't have third-party documents to attach. Sending random printouts of your transaction history isn't what Form 8453 is designed for. You're just creating confusion by sending documents the IRS isn't expecting.

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