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Everyone's focused on the tax rates, but don't forget about other advantages of S-corps. The ability to minimize self-employment taxes by taking a reasonable salary plus distributions is huge. I save about $7,500 annually just from properly structuring my compensation this way compared to when I was a sole proprietor. Also, with an S-corp you can still contribute to a Solo 401k based on your salary, which helps reduce your taxable income significantly. The C-corp has other issues like accumulated earnings tax if you try to keep too much money in the business.
What's a good ratio of salary to distributions that won't trigger IRS concerns? I've heard different things from different sources.
There's no fixed percentage that's universally "safe" as the IRS looks at what's reasonable for your industry, experience, and business circumstances. A common approach is researching what comparable positions in your industry would pay and documenting that research. For many service businesses, I've seen recommendations ranging from 50-70% of profits as salary being reasonable, but it varies widely. Healthcare professionals often need higher salary percentages while capital-intensive businesses might justify lower percentages. The key is having solid documentation for whatever number you choose.
As a point of clarification, the 12% bracket you mentioned would only apply to a portion of your income anyway. Tax brackets are marginal, so you're not paying one single rate on all income. With your current W2 of 72k plus business income of 50-65k, you'd be well into the 22% bracket regardless of how you structure things.
This! So many people don't understand marginal tax rates and make decisions based on completely wrong assumptions. OP needs to look at effective tax rate across all income, not just the highest bracket they hit.
I think your boss is trying to avoid paying employer taxes. When he pays you in cash and doesn't report it, he's not paying his share of Social Security and Medicare taxes. Just to be clear - if you were actually an employee (not a contractor), your boss should have been giving you a W-2, not a 1099. The difference matters because: - W-2: Employer pays half of Social Security/Medicare taxes - 1099: You pay ALL Social Security/Medicare taxes yourself (self-employment tax) You might want to look at Form SS-8 to determine if you should have been classified as an employee rather than a contractor. If you were misclassified, the IRS can go after your employer for their share of taxes.
Thanks for bringing this up - I honestly wasn't sure if I should have been getting a W-2 or 1099. My job involves framing houses and doing general construction work. I use their tools, work on their schedule, and they tell me exactly what to do and how to do it. Does that sound more like an employee situation?
Based on what you've described, you sound much more like an employee than an independent contractor. The key factors the IRS looks at include: who controls when and how you work, who provides tools and equipment, how you're paid (regular wages vs. project-based), and whether the work is a key part of the business. Using their tools, working on their schedule, and having them direct your work are all strong indicators of employee status. Construction workers doing the core work of a construction company are typically employees unless there's a specific arrangement that gives the worker significant independence.
Similar thing happened to me last year. My side gig didn't send a 1099 and kept putting me off. Here's what I did: 1. Filed my taxes anyway using my own records of what I earned (cash payment records + deposit slips) 2. Reported the income on Schedule C 3. Kept really good documentation of my attempts to get the 1099 (emails, texts, etc) 4. Submitted Form 8919 "Uncollected Social Security and Medicare Tax on Wages" since I suspected I was misclassified The biggest thing is don't wait to file! The April deadline (or October with extension) is for YOU, not your employer. Their failure to provide docs doesn't extend your filing deadline.
Did you run into any issues with the IRS after filing this way? I'm in a similar situation and worried they'll come after me for something that wasn't my fault.
One thing nobody's mentioned yet - consider setting up an LLC or S-Corp once you're established! I waited two years before doing this and regret it. As an S-Corp, you can pay yourself a reasonable salary and take the rest as distributions, which aren't subject to self-employment tax. Saved me about $7,500 last year alone. Talk to a CPA about when this makes sense for you - usually around $80-100k is when the savings outweigh the extra paperwork and fees.
Doesn't setting up an S-Corp mean you have to run payroll and deal with a bunch of extra filings though? Is it really worth the hassle?
Yes, with an S-Corp you do need to run payroll (even if it's just for yourself) and there are additional tax forms and requirements. You'll need to file Form 1120-S for the corporation, issue yourself a W-2, and potentially make quarterly payroll tax deposits. The breakeven point varies by situation, but generally if you're making over $80-100K in profit, the self-employment tax savings usually outweigh the extra costs and hassle. I pay about $800/year for payroll services and additional accounting fees, but save around $7,500 in taxes. For me, it's definitely worth it, but everyone's situation is different. It's definitely something to consider once your business is stable, not necessarily right away.
Quick tip if you're just starting out - open a separate checking account for your business transactions right away! I mixed personal and business in the same account my first year and tax time was a complete nightmare trying to sort it all out.
Yessss! This saved me so much trouble. And get a separate credit card for business expenses too. Makes everything so much cleaner come tax time.
Thanks for the credit card tip! I actually have a dedicated business credit card now too, and it makes categorizing expenses so much easier. Most cards even give you year-end summaries by category which is super helpful for Schedule C. Plus you can often get better rewards on business cards for things like office supplies or internet services.
One thing nobody's mentioned yet is that commercial EV credits are structured differently than personal ones. For commercial vehicles, it's calculated as the lesser of: (1) 30% of the vehicle's cost, or (2) the incremental cost between the EV and a comparable gas vehicle. But there's a cap of $7,500 for vehicles under 14,000 lbs and up to $40,000 for heavier commercial vehicles. Also, the commercial credit is non-refundable but can offset AMT, while the personal credit is now potentially refundable at point of sale.
Thanks for explaining this! I'm confused about the "incremental cost" part though. How exactly is that calculated? Does the IRS provide specific comparisons somewhere of EV vs gas vehicle costs?
The incremental cost calculation is indeed one of the more confusing aspects. The IRS hasn't provided an official database of comparisons, which leaves it somewhat open to interpretation. Generally, you'd need to identify a comparable gas-powered vehicle with similar features and capacity, then calculate the price difference. For many passenger vehicles and light trucks, the 30% calculation usually results in an amount exceeding $7,500, so you'll often just get the maximum $7,500 credit. The incremental cost calculation becomes more relevant for specialty commercial vehicles where the EV premium might be less pronounced or for vehicles over 14,000 lbs where the higher credit limit applies.
Just wanted to share my experience - I purchased a Rivian R1T last month through my landscaping business after researching both credit options. The dealer actually suggested I go the commercial route because the truck wouldn't qualify for the full personal credit due to its price and battery sourcing. Best decision ever! The paperwork was straightforward, I got the full $7,500 credit, and I didn't have to worry about all those personal credit restrictions. Just make sure your business legitimately needs the vehicle. I use mine to visit client properties and haul equipment, which makes it a genuine business expense.
Did you have to make any modifications to the truck to qualify it as a business vehicle? I've heard some people say you need commercial insurance or special registration for it to count.
Mei Wong
Just wanted to add something important about the refund time limit that hasn't been mentioned yet. You only have 3 years from the original due date to claim a refund. So for 2021 taxes, you have until April 2025 to file and still get your refund. For 2020, the deadline is April 2024 (which has passed), BUT remember 2020 had special COVID extensions, so that deadline was actually May 17, 2024. If you missed that, unfortunately that refund is gone. 2022 and 2023 are still well within the window. Don't delay any further though - those refunds are YOUR money that was withheld from your paychecks!
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Ethan Davis
โขOh no, I might have missed the deadline for 2020 then! Does the IRS ever make exceptions for people who didn't know about the 3-year rule? And just to clarify, even if I can't get a refund for the older years, I should still file those returns anyway, right?
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Mei Wong
โขUnfortunately, the IRS is very strict about the 3-year refund statute and doesn't make exceptions even if you didn't know about the rule. It's set by law, not IRS policy, so they can't bend it. Yes, you should still file all unfiled returns even if you can't get the refund anymore. This closes your file with the IRS and prevents future issues. While you won't get money back for those older years, filing completes your tax record and can help with things like loan applications, government benefits, or any situation where tax return information is needed. Better to have everything clean and complete than leave those old years hanging.
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Liam Fitzgerald
Has anyone used the Free File Fillable Forms on the IRS website for past year returns? I'm in a similar situation (didn't file 2022 or 2023) but I'm trying to avoid paying for software if possible.
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PixelWarrior
โขFree File Fillable Forms only work for the current tax year (so right now, only 2024). For prior years, you need to download the specific forms for those tax years from the IRS website and mail them in. I did this last year for my 2021 and 2022 returns. You can still use free tax software though! Most of the major companies (TurboTax, H&R Block, TaxSlayer) offer access to prior year returns on their websites. The catch is that you can prepare them for free, but they usually charge to file them. Since you have to mail prior year returns anyway, you can just print them out and mail them yourself without paying.
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