


Ask the community...
One thing nobody mentioned yet - look into filing Form 843 "Claim for Refund and Request for Abatement" after you submit your late return. The IRS has a First Time Penalty Abatement policy that often waives penalties for first-time mistakes if you've been compliant for the past 3 years. Since this is your first business, you might qualify. I missed filing my LLC taxes by 4 months last year and got most penalties removed this way!
This is really helpful info! Does the First Time Penalty Abatement apply even if I've been filing regular personal taxes on time for years but this is just my first business tax return that's late?
Yes, that's exactly the situation where it typically applies! The IRS looks for a clean compliance history for the three years prior, so if you've filed your personal returns on time and paid what you owed, you'd likely qualify even though this is your first business return. The key is to file your late return first, pay as much as you can of the tax amount (even if not all), and then request the abatement. Don't request the abatement before you've filed the late return. Many people don't know about this program and end up paying penalties they could have avoided.
Quick question for anyone who's been through this - should I file Form 1065 or Schedule C with my 1040? I'm a single-member LLC too and getting conflicting advice. My business made about $85k last year and I'm in the same boat as OP with a missed deadline.
As a single-member LLC, you should file Schedule C with your Form 1040, not Form 1065. Form 1065 is for partnerships and multi-member LLCs. Since you're the only owner, the IRS treats your LLC as a "disregarded entity" for federal tax purposes, meaning you report all business income and expenses on Schedule C of your personal return. The exception would be if you elected to have your LLC taxed as a corporation (using Form 8832). But if you never made that election, then Schedule C is the correct form.
Have you considered just keeping it until the loan is paid off? If you sell now for $29K with $31K left on the loan, you'll have to come out of pocket for the $2K difference PLUS pay taxes on the depreciation recapture. That's a double financial hit. If the car is still functional and you're using it for business, it might make more financial sense to just keep it until you're at least above water on the loan before selling.
This is actually really good advice. I was in a similar position with a business vehicle and decided to keep it for an extra year. By that time, I had paid down the loan enough that the sale covered the remaining balance. Plus I was in a lower tax bracket that year, so the depreciation recapture hit me less hard.
Something nobody's mentioned - you might look into trading it in for another qualifying heavy vehicle rather than selling it outright. If you do a like-kind exchange for another business vehicle, you might be able to defer the depreciation recapture. The rules got tighter with the 2017 tax law changes, but there are still some options for vehicular business assets. Talk to a tax pro about Section 1031 exchanges and if any provisions might help in your specific situation.
Slightly off-topic, but make sure your dealer actually did pass on the full value of the credit to you. I leased an EV in November and later discovered they only passed on about $5,000 of the $7,500 credit! When I confronted them, they admitted they kept part of it as "additional profit" which apparently isn't illegal but is definitely sketchy. Check your lease paperwork carefully to see if there's a line item showing exactly how much of the credit was applied to your lease. If it's less than $7,500 and they told you they were passing the full credit, you might want to talk to the dealer manager.
That's really helpful, I hadn't even thought of that possibility. I'm going to review my paperwork again tonight. Is there a specific term or section I should be looking for in the lease document that would show this?
Look for something called "capitalized cost reduction" or sometimes "lease incentives" in your paperwork. There should be an itemized list of all factors reducing your cap cost, and one of them should specifically mention the federal tax credit or EV incentive. If the amount listed is less than $7,500, they didn't pass on the full credit to you. In my case, they listed it as "EV Tax Credit - $5,000" and when I asked where the other $2,500 went, that's when they admitted they kept it. Some dealers are more transparent than others, but it's always good to check.
One important thing no one has mentioned yet - make sure your EV actually qualified for the full tax credit amount! Not all electric vehicles get the full $7,500 in 2024/2025. The rules got really complicated after the Inflation Reduction Act. Some vehicles only qualify for a partial credit, and it depends on where the battery components and minerals were sourced from. Even if the dealer told you it qualifies for the full $7,500, you should double-check on the official IRS list: https://www.irs.gov/credits-deductions/manufacturers-and-models-of-clean-vehicles
This is so true! I leased a Hyundai IONIQ 5 in December thinking I'd get the full credit benefit, but later found out it only qualified for $3,750 because of the battery mineral requirements. The dealer had advertised the full $7,500 in all their materials, which was technically false advertising.
My company did a mandatory W4 update last year and it was a mess. HR sent us all these complicated spreadsheets trying to explain the new system but nobody understood them. What ended up working for me was just using the "Tax Withholding Estimator" on the IRS website and following the steps exactly. Make sure you have these things ready before you start: - Your most recent paystubs (yours and your husband's) - Last year's tax return - Estimated income from other sources (interest, dividends, etc) It takes about 15 minutes but gives you the exact numbers to put on the form. My withholding was almost perfect last year - only owed $78 at tax time.
Did the estimator handle bonuses correctly? I get about 20% of my income from quarterly bonuses and those are always withheld at a different rate. Every calculator I've tried seems to mess that part up.
The estimator does handle bonuses, but you have to enter them correctly. There's a specific section where you can enter expected bonuses separately from your regular salary. It will then factor in that bonuses are typically withheld at the 22% supplemental rate rather than your normal withholding rate. When I used it, I had to enter my annual salary in one field and then my expected bonus in the separate bonus field. Don't combine them or it will calculate as if all your income is withheld at the same rate. That was probably the issue with other calculators you've tried.
Anyone else notice that the new W4 withholding seems to take WAY more out than the old system? We updated ours last month and my takehome pay dropped by almost $300/paycheck! Seems like they designed the new system to massively overwithhold.
You might have checked the box in Step 2(c) for "multiple jobs" without realizing what it does. That box basically tells your employer to withhold at single rates which is much higher. Try redoing the form without checking that box and instead use the withholding estimator to calculate a specific extra amount to withhold on line 4(c).
You're totally right! I just checked my form and I DID check that box plus I had also put an additional amount on line 4(c). So I was essentially double-counting the extra withholding needed. HR gave me a new form to fill out today and I'm only going to use the specific dollar amount approach instead. Thanks for catching that!
Zoe Wang
Something important to consider is that the SECURE Act of 2019 (and SECURE 2.0) dramatically changed how inherited IRAs work. Most non-spouse beneficiaries now face a 10-year distribution rule instead of being able to stretch distributions over their lifetime. However, there are exceptions for "eligible designated beneficiaries" which include: - Surviving spouses - Minor children (until they reach majority) - Disabled or chronically ill individuals - Individuals not more than 10 years younger than the deceased If any of your relatives who are beneficiaries fall into these categories, different rules may apply. This could significantly impact your planning.
0 coins
Tyler Lefleur
ā¢Thank you for mentioning the SECURE Act changes. Does this still apply if the IRA is first transferred to a trust, and then the trust distributes to these different types of beneficiaries? Or does moving it to a trust first eliminate these exceptions? One of the beneficiaries is my aunt's disabled sibling, so I'm wondering if there might be special provisions that could help in that case.
0 coins
Zoe Wang
ā¢When an IRA is left to a trust, the ability to use these exceptions depends on how the trust is structured. If the trust qualifies as a "see-through" trust and the disabled sibling is an identifiable beneficiary, then yes, that portion of the IRA might qualify for the exception allowing for distributions over that beneficiary's life expectancy rather than the 10-year rule. This would require specific language in the trust that clearly identifies the disabled beneficiary's portion and likely a separate share for that beneficiary. The trust would also need to meet all the requirements to be considered a see-through trust under IRS regulations. This is definitely a situation where specialized estate planning advice is crucial, as properly structuring the trust could result in significantly better tax treatment for that portion of the IRA.
0 coins
Connor Richards
Has anyone dealt with the issue of Roth IRAs specifically going into a trust? I've heard conflicting things - some people say the tax benefits are completely lost, others say they can still be preserved somewhat. Getting really confused about whether it's better to distribute the Roth before death or let it go through the trust.
0 coins
Madeline Blaze
ā¢With Roth IRAs going to a trust, the key benefit that can be preserved is the tax-free nature of qualified distributions. Unlike traditional IRAs where distributions are taxable, qualified Roth distributions remain tax-free even when distributed to a trust or through a trust to beneficiaries. The main thing lost is the ability to stretch distributions over a long period - the SECURE Act's 10-year rule typically applies unless beneficiaries qualify for exceptions. But within that 10-year window, growth remains tax-free, which is still valuable. Generally, it's better to keep the Roth intact rather than distributing before death, as this maintains the tax-free growth for as long as possible within allowable limits.
0 coins