


Ask the community...
Important note that nobody has mentioned yet - if you end up having to pay taxes as if you were a 1099 contractor for 2023, make sure you deduct all your business expenses! That includes a portion of your phone bill if you use it for work, home office deduction if applicable, mileage, work supplies, etc. This can help offset some of the extra tax burden.
How do you properly document these expenses if you didn't track them throughout the year? I'm in a similar situation and I use my personal computer and cell phone for work all the time, but I don't have any special receipts or anything.
You can still claim those expenses even without perfect documentation. For things like cell phone and internet, determine what percentage is used for work (be reasonable and honest) and deduct that percentage of your bills. Pull your statements from 2023 to calculate the total. For a home office, measure the square footage of your dedicated work space compared to your total home size. That percentage can be applied to rent/mortgage, utilities, etc. For computer equipment you already owned, you can deduct the business-use percentage based on current fair market value if you started using it for business in 2023. Going forward, keep better records - a simple spreadsheet works, along with taking photos of receipts. Remember, in an audit you need to prove these were legitimate business expenses, so some documentation is better than none.
Has anyone actually succeeded in getting their employer to pay back taxes after being misclassified? My employer just agreed to make me W2 going forward but refuses to do anything about 2023 where I paid way too much in taxes.
I had partial success. Filed the SS-8 and 8919 forms, and after the IRS determination (took like 8 months), my employer had to pay their share of FICA taxes. They were annoyed but ultimately it worked out. We're still on good terms. The key was being super professional about it and framing it as "just following tax law" not a personal issue.
I went through something similar with deducting my real estate licensing courses from my rental income. The key question the IRS asked me during a review was whether I was already established in the business BEFORE taking the courses. Since I had owned and managed rental properties for 3 years before starting the courses, I was able to successfully argue that I was improving skills in my EXISTING business, not preparing for a new one. Make sure you have documentation showing you were already operating as a landlord before starting your MBA.
That's really helpful! I've been operating my rental properties for about 4 years now, so sounds like I'm in a similar situation to yours. How detailed did you have to get with your documentation? Did you keep syllabus info for each course to show relevance?
Yes, documentation was crucial. I kept copies of all course syllabi and highlighted specific modules that directly related to property management, tenant relations, and real estate finance. I also maintained a simple log noting when and how I applied specific concepts from my courses to my rental business. For example, when I redesigned my lease based on contract law principles from a course, I documented that change with dates and notes. The IRS didn't ultimately request all of this during my review, but having it ready demonstrated I was serious about the legitimate business purpose. Also keep records showing your rental business was established before starting courses - tax returns showing rental income, business licenses, property management records, etc.
Don't forget that if you're taking these courses to move into a different type of real estate business (like going from residential landlord to commercial property development), the IRS might consider this qualifying for a new trade or business, which would make the expenses non-deductible. Also, if your MBA would qualify you for a substantial promotion at a job unrelated to your rental properties, that could also disqualify the deduction. The "same general type of work" test is crucial here.
This is an important distinction. I tried deducting real estate courses a few years back and got audited because they determined I was using the education to expand into commercial real estate when I had only been managing residential properties before. The expansion was considered a new business category by the auditor.
One thing nobody's mentioned yet - don't forget about state-specific issues! I'm in Minnesota too, and our state has some quirks regarding pass-through entities. If you elect S-Corp status federally, Minnesota automatically treats you as an S-Corporation for state tax purposes too. You'll need to file Form M8 annually (MN's S-Corp return). Also be aware that MN has a minimum fee for S-Corps that starts at $100 if your MN-sourced property, payroll, and sales total at least $1,020,000. For banking, I've had a good experience with Firefly Credit Union - much better rates than the big banks and they actually understand small businesses. Their business checking has no monthly fee if you maintain a $1,500 balance.
Thanks for the Minnesota-specific info! I hadn't even thought about state-level considerations. Is the Form M8 complicated? And that minimum fee threshold seems really high - I'm definitely not going to hit $1,020,000 anytime soon, so that's good to know! I'll definitely check out Firefly Credit Union - that $1,500 minimum balance seems totally manageable. Do they have good online banking too?
The Form M8 isn't too bad - if you're already preparing federal Form 1120S for your S-Corp, the M8 uses much of the same information. Most tax software automatically generates it when you prepare your federal return. And yes, that minimum fee threshold is high - most small service businesses won't hit it for years, if ever. Firefly's online banking is surprisingly good for a local credit union. Their mobile app lets you deposit checks, transfer funds, pay bills, and even integrates with QuickBooks if you're using that. I've found their customer service to be much more responsive than when I was with Wells Fargo - you can actually talk to the same person consistently when you have questions.
Just wanted to add my experience as a marriage counselor who went through this last year. S-Corps have benefits but also hidden costs that nobody warned me about: 1) You'll likely pay $800-1,500 more annually for tax preparation since S-Corp returns are more complex 2) You need workers comp insurance on yourself as an employee in some states 3) Quarterly payroll filings are required even if you're the only employee 4) Some retirement plans are more complicated with S-Corps I went with an LLC taxed as an S-Corp and saved about $4,300 in self-employment taxes my first year, but probably spent half that on additional administrative costs. Still worth it, but the savings weren't as dramatic as I expected.
Can you share what tax filing software you used for your S-Corp? I'm trying to decide if I can handle this myself or if I need to budget for an accountant.
Another thing to check - did either of you change jobs during the year when you got married? My wife and I had a similar issue and it turned out the problem was that her new employer was withholding as if she'd make that salary for the entire year, when in reality she started the higher-paying job in August. Also, double-check if you're both claiming the standard deduction. If one of you itemized deductions before getting married, the math changes quite a bit when filing jointly.
We both kept the same jobs all year, so I don't think that's the issue. And we've always just taken the standard deduction - neither of us has enough deductions to itemize. But your comment made me realize we do have different pay structures. I get a base salary plus quarterly bonuses, and my wife gets paid hourly plus overtime. Could that be causing weird withholding calculations?
Yes, that could definitely contribute to the issue! Bonus payments and overtime are often withheld at a flat 22% rate for federal taxes, which might not be enough based on your combined income tax bracket. When you have variable income like bonuses and overtime, the withholding calculations can get tricky because payroll systems typically calculate each paycheck's withholding independently without considering your annual total. This is especially problematic when you file jointly, as the combined income from both regular earnings and variable compensation can push you into a higher bracket than what was used for withholding.
Coming in late but wanted to share a quick tip that helped us after experiencing the exact same shock last year. The "married but withhold at higher single rate" option on your W-4 is your friend if both spouses work! We checked this box on both our W-4s and this year we got a small refund instead of owing thousands. Also, definitely compare your actual tax liability between this year and last year (not just the refund/amount owed). Sometimes people get confused because they're comparing refunds, when what matters is your total tax. You might actually be paying less tax overall as married filing jointly, but just had less withheld throughout the year.
This! The refund isn't what matters - it's the total tax you're paying. A refund just means you gave the government an interest-free loan all year.
That's a really good point about comparing total tax liability instead of just refund/amount owed. I just checked and our combined total tax is actually about $800 less than what we paid separately last year! So I guess married filing jointly IS better for us, but our withholding was just way off. Definitely going to update both our W-4s with that "married but withhold at higher single rate" option. Thanks for the tip!
Miguel Silva
Something that hasn't been mentioned yet - be careful about state taxes too! When I came back from working in Germany, I had sorted out my federal FBAR issues but completely forgot about state tax obligations. Depending on which state you're in now (or were in before moving abroad), they might have their own requirements and penalties. Also, make sure you've properly reported any interest earned on those Australian accounts on your regular tax returns. Even small amounts of foreign interest need to be reported, and fixing those past returns might be part of your Streamlined Filing process.
0 coins
Amara Nnamani
ā¢Oh man, I didn't even think about state taxes! I was living in California before I moved to Australia, and now I'm back in California again. Do states have their own version of FBAR requirements? This just keeps getting more complicated...
0 coins
Miguel Silva
ā¢California doesn't have a separate FBAR form, but they do require you to report worldwide income on your state tax return. When you file amended federal returns as part of the Streamlined process, you'll need to file amended California returns too. The bigger issue with California is they're much more aggressive about imposing penalties for underpayment if you had interest or investment income from those Australian accounts that wasn't reported. Be sure to address both the federal and state aspects when you're fixing everything. This is another reason why getting professional help with the Streamlined Filing is worth it - they'll handle both levels of government for you.
0 coins
Zainab Ismail
Quick question for anyone who's been through this - do I need to include my Australian retirement account (superannuation) on the FBAR? I wasn't able to touch that money while I was there, it was automatically contributed by my employer.
0 coins
Giovanni Mancini
ā¢Yes, you generally need to report your superannuation account on your FBAR if the total of all your foreign accounts exceeded $10,000 at any point during the year. The accessibility of the funds doesn't matter for FBAR reporting requirements - it's about financial interest in or signatory authority over foreign accounts.
0 coins