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Ask the community...

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Nora Brooks

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Former payroll specialist here. One thing to consider is HOW MUCH the difference will be. If the only change is bonus pay being recategorized from tips to regular income, the tax withholding might actually be pretty similar. The main difference would be that Social Security and Medicare taxes might have been under-withheld if they were incorrectly treated as tips (depending on if tip credits were applied). For most employees at a restaurant, this difference might not be huge. Ask your payroll provider to give you an estimate of the difference for a typical employee. If it's minimal (like under $200), filing now and amending later might make sense for folks who need refunds ASAP.

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Eli Wang

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But won't the employees get in trouble if they file with forms they know are wrong? My manager told us we HAD to wait for corrected W-2s.

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Nora Brooks

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No, employees won't get in trouble for filing with incorrect W-2s as long as they file an amendment once they receive the corrected forms. The IRS understands that errors happen with tax documents. Your manager is being overly cautious. While waiting for corrected W-2s is certainly the cleaner approach, the IRS allows taxpayers to file with the information they currently have and then correct it later through the amendment process. Just make sure you keep both the original and corrected W-2s for your records, and file the amendment (Form 1040-X) promptly once you receive the corrected form.

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I've been in restaurant management for 15+ years and dealt with this EXACT situation in 2020. Here's what we learned: For our servers who really needed their refund $$$ fast, we advised them to: 1) File now with incorrect W-2 2) Get their refund 3) File 1040-X amendment after corrected W-2 arrived 4) Either pay back any difference or get additional refund For kitchen staff and managers who could wait, we suggested filing an extension to avoid the amendment hassle. The payroll company should offer to pay for tax amendment services for affected employees! Push them hard on this - it was THEIR error. Our payroll provider ended up giving us H&R Block vouchers for all affected employees to cover amendment costs.

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Did any of your employees get audited because of this? That's what I'm most worried about.

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Don't forget about the recordkeeping requirements! I'm a small landlord too and got audited last year - it was a nightmare. The IRS wanted to see documentation for EVERY single business expense. For your snacks and cookies, make sure you're keeping: - Receipts showing the exact items and amounts - Notes on who received them (names) - The business reason for giving them - The date they were provided - How the expense relates to your rental income I just use the notes app on my phone and take pics of receipts right after purchase with this info. Saved my butt during the audit.

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Thanks for the tips! Do you have a specific system you use to organize all this? I'm worried about keeping track of all these little expenses throughout the year. Also, do you know if there's a minimum amount I should even bother tracking? Like if I grab a $3 coffee for my plumber, is that even worth documenting?

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I use a simple three-folder system that has worked great for me. One folder for receipts (I scan them with my phone), one for expense logs (I use a basic spreadsheet with date, vendor, amount, purpose, and recipient), and one for property-specific expenses. Regarding minimum amounts - technically there is no minimum threshold for documentation. Even that $3 coffee should be documented if you're deducting it. During my audit, the IRS agent specifically looked for patterns of small undocumented expenses that added up over time. Those small $3-5 purchases can easily add up to hundreds of dollars annually, which is why they check them. Better safe than sorry!

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Just a heads up that I made a mistake on this last year. I was giving my handyman energy drinks and snacks every time he came by (probably spent about $400 over the year on him alone) and tried to deduct it all as "business supplies" lol. My accountant caught it and explained the $25 gift limit. What we did instead was reclassify most of it as "refreshments provided during business meetings/services" since he was actively working while consuming them. That falls under the 50% meal deduction limit instead of the $25 gift limit. Just make sure you note that these were provided DURING the work being performed, not as thank-you gifts after the fact.

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Mei Wong

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Did your accountant say anything about providing these regularly vs occasionally? I give my maintenance crew donuts like every Friday when they come to check properties. Would that still count as "during work" or is it too regular to be considered that?

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Liam Cortez

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Don't forget about state taxes on your capital gains! Everyone always focuses on federal but depending on your state, you might owe state taxes too. I'm in California and was surprised by how much extra I had to pay on my stock sales last year.

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Lauren Wood

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Good point - I'm in Minnesota. Does anyone know how MN handles capital gains taxes? Are they taxed differently than regular income at the state level?

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Liam Cortez

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Minnesota taxes capital gains as regular income, unlike the federal government which gives preferential rates to long-term gains. So you'll pay your normal Minnesota income tax rate on all your capital gains regardless of how long you held the investments. Minnesota's income tax rates range from 5.35% to 9.85% depending on your income bracket. Given your regular 22% federal bracket, you're probably looking at the middle Minnesota brackets (6.8% or 7.85%). There's no separate capital gains rate structure at the state level.

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Savannah Vin

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Some advice: if you know you're going to sell stocks soon, look at your overall tax situation first. I sold some stocks in December thinking I was being smart, but it pushed me into a higher tax bracket and I ended up paying way more than if I'd waited till January.

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Mason Stone

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This is super important! Tax-loss harvesting saved me thousands last year. If you have any investments at a loss, you might want to sell those at the same time to offset some of your gains.

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Savannah Vin

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That's a great point about tax-loss harvesting. Just remember the IRS limits capital loss deductions against ordinary income to $3,000 per year. However, you can use capital losses to offset unlimited capital gains. Any unused losses can be carried forward to future tax years.

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Natalie Wang

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Have you considered changing your payroll schedule in December? We had a similar issue and shifted to running mid-December payroll that covered through mid-January. It takes some adjusting for employees at first, but we found that getting those funds out of our account before year-end helped reduce our taxable income significantly. Another approach is to accelerate other expenses into December - prepaying vendors, stocking up on supplies, investing in equipment (Section 179 can be helpful here), or funding retirement plans.

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Harper Hill

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Would changing the payroll schedule that drastically cause problems with our employees? I'm thinking they might not like having their pay periods shifted around, especially around the holidays when cash is tight for many people.

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Natalie Wang

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It does require some careful communication with your team. We gave our employees about 3 months notice before implementing the change, and offered short-term advances to anyone who needed help with the transition. Most people adjusted within a month or two. It also doesn't have to be a permanent change - some businesses do a "bonus" mid-December payment that effectively prepays some January work, then return to normal scheduling in January. The key is getting those funds out of your business account before December 31st so they don't contribute to your year-end retained earnings.

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Noah Torres

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Have you looked into converting to C-Corp status? Might solve your immediate problem since C-Corps can retain earnings without triggering personal tax liabilities for the owners. The company would pay corporate tax, but only on profits, not on retained cash being held for known upcoming expenses.

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C-Corp has double taxation though. They'd pay corporate taxes and then personal taxes on any dividends. With $9.5m ARR, seems like they'd end up paying more overall unless they plan to reinvest almost everything back into the business.

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Noah Torres

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You're right about the double taxation concern. It works better for businesses planning significant reinvestment rather than regular profit distributions to owners. A possible middle ground might be the "hybrid approach" where they elect S-Corp taxation but establish a reasonable salary structure and timing that helps manage cash flow better throughout the year. They could also look into establishing separate entities for different business functions, though that adds complexity.

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Quick tip from someone who's been a server for years: GET A TIP JOURNAL! Record your cash tips daily, not weekly. Memory gets fuzzy and you'll either cheat yourself or risk an audit problem. I use a cheap notebook with date, shift (lunch/dinner), and amount. Takes 10 seconds after each shift. Also note any cash expenses for work - special shoes, pens, whatever. Even if this isn't your main job, doing this right will save you so much stress at tax time.

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Do you include credit card tips in your journal too or just cash? And do you ever get audited? I always wonder how the IRS would even know what my actual cash tips were.

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Make sure you're setting aside money for taxes regularly! I learned this the hard way. First year as a 1099 bartender I didn't save anything and got hit with a $3800 tax bill I couldn't pay. Ended up on a payment plan with the IRS which added fees and interest. Now I automatically transfer 25% of all my cash into a separate "tax" savings account each time I deposit my tips. Come tax time, I usually have a little extra which becomes a nice bonus.

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Ethan Taylor

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This is really smart advice, thank you! I'll open a separate savings account just for taxes. Is 25% enough to cover everything? Someone mentioned it could be 30%+ with the self-employment taxes.

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For me, 25% has been enough, but it really depends on your total income and tax bracket. If you're already making good money at your W-2 job, you might need closer to 30-35% since this additional income could push you into a higher bracket. Better to overestimate and have money left over than underestimate and come up short! I actually adjusted mine to 30% this year since I'm making more overall, and it's been working out well. Just make sure that account is somewhat difficult to access so you're not tempted to dip into it.

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