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For multi-state resale exemptions, I highly recommend the Multistate Tax Commission's Uniform Sales & Use Tax Certificate. Many states accept it (though not all), which can reduce your paperwork significantly. Here's the link to the latest version: https://www.mtc.gov/Resources/Uniform-Sales-Use-Tax-Exemption-Certificate But be careful - some states (looking at you, California and New York) are notoriously picky and usually require their own state-specific forms regardless.
Does anyone know if Texas accepts this MTC form? Their website is so confusing and I've gotten different answers from different people at their tax department.
Texas does accept the MTC form, but with some caveats. They're technically a member of the Multistate Tax Commission, but they sometimes require additional documentation if you're not registered in Texas and you're doing dropshipping where the final customer is in Texas. I've found it's always safest to call the state's department of revenue directly for your specific situation. The rules for dropshipping in particular vary tremendously between states and can change without much notice.
One thing nobody has mentioned yet - if your annual sales to a particular state are under their economic nexus threshold, you might not need to worry about sales tax collection there at all! Each state has different thresholds (usually $100k or 200 transactions). I kept a spreadsheet tracking my sales by state and only registered in states where I exceeded the thresholds. Saved me tons of paperwork!
But don't you still need to provide resale certificates to your suppliers regardless of whether you have nexus in a state? My understanding is these are separate issues - nexus determines if you collect tax from customers, while certificates prevent you from paying tax to suppliers.
You're absolutely right - I should have been clearer. Nexus and resale certificates are related but separate issues. You need to provide resale certificates to your suppliers to avoid paying sales tax on purchases intended for resale, regardless of your nexus status. What I meant was that tracking your sales by state helps you determine where you need to register for sales tax permits, which you often need before you can get a valid resale certificate for that state. Some states will issue resale certificates even without nexus, while others require you to have nexus and be registered first.
Some practical advice from someone who's been an indie contractor for 7 years: 1. Immediately open a separate business checking account and business credit card. Keep ALL business transactions separate from personal. 2. Track EVERYTHING. Every mile driven for business, every coffee with a potential client, every subscription, every piece of equipment. 3. Pay quarterly estimated taxes ON TIME to avoid penalties. I use a separate savings account and transfer 30% of each payment I receive. 4. A good CPA will likely save you more than they cost. Interview a few who specialize in self-employment. 5. Consider a SEP IRA or Solo 401k - you can contribute WAY more than with a regular 401k, which offsets some of the self-employment tax pain.
Thanks for the solid advice! For the quarterly taxes, is it just a flat 30% of income or does it vary based on what expenses I've had that quarter? Also, do most banks offer business accounts to sole proprietors or do I need an LLC first?
The quarterly tax amounts should ideally be based on your actual profit for that quarter (income minus expenses), but many contractors use a simplified approach of setting aside a percentage of gross income to make it more manageable. The 30% is just a rule of thumb - your actual percentage might be higher or lower depending on your state tax situation and deductions. Most banks absolutely offer business accounts to sole proprietors - you don't need an LLC first. You'll typically need your Social Security number and possibly a DBA ("doing business as") registration if you're operating under a business name that's not your personal name. I'd recommend shopping around as some banks offer free business checking while others charge monthly fees.
The others gave good advice on the tax side, but the critical thing I learned about contract work: GET DISABILITY INSURANCE. Like yesterday. When you're an employee, you probably have some short/long term disability coverage and workers comp. As an indie, if you get sick or injured, you get $0. Disability insurance is expensive but without it, one bad accident could financially ruin you. Same goes for health insurance if they're not offering benefits. The marketplace plans might be more expensive than you're used to with employer coverage.
Can confirm this 100%. I broke my wrist in a bike accident last year and couldn't code for 8 weeks. No income coming in but rent and bills still due. The disability insurance I had grumbled at paying for? Saved me from emptying my emergency fund.
I dealt with this last year. You need to make an adjustment to the basis on Form 8949 to account for the depreciation. The way I did it was: 1. Report the sale on 8949 with the full exclusion 2. On 4797, report ONLY the depreciation recapture amount 3. Make sure the adjusted basis on 8949 is reduced by the depreciation you've taken In TaxSlayer, there's actually a worksheet when you're entering the home sale information where you can indicate that part of the property was used for business. This triggers the software to handle both forms correctly. Make sure you're using the "Sale of Home" interview screens rather than just the general capital gains entry.
Where exactly is this worksheet in TaxSlayer? I've been all through the Sale of Home screens and can't find any option to indicate partial business use that would trigger both forms.
The worksheet isn't immediately obvious. In the Sale of Home section, after you enter the basic information about the sale, look for a link called "Additional Information" or "Special Situations" (the exact wording varies by version). Click that and you'll find a question asking if any part of the home was used for business or rental purposes. When you answer "Yes" to that question, you'll get additional fields to enter the percentage of business use and the dates of business use. This is what tells TaxSlayer to split the reporting between Form 8949 and Form 4797. The software will then calculate the appropriate amounts for each form. Make sure you have the dates correct for when it was converted from personal to rental use, as this affects the basis calculations significantly.
Has anyone actually tried calling the IRS Practitioner Priority Line about this? I got conflicting advice from my colleagues and decided to go straight to the source. It took almost 2 hours to get through, but the agent confirmed Form 8949 should handle the exclusion portion and Form 4797 Part III should report ONLY the unrecaptured section 1250 gain. The tricky part with software is making sure you're not double-reporting the sale. The IRS agent suggested entering the sale on 8949 first, then going back and entering just the depreciation piece on 4797.
The Practitioner Priority Line is great when you can actually get through! It's amazing how different tax software handles this situation differently. Some create a phantom entry on Schedule D that offsets the 4797 entry, others require manual adjustments. Did the IRS agent mention any specific form line references to make sure everything ties together correctly?
Don't forget that if your losses exceed your gains by more than $3K, you might want to consider tax loss harvesting strategies for future years. Since you can only deduct $3K against ordinary income per year, having a large carryover loss can be a tax planning opportunity.
Can you explain what you mean by tax loss harvesting? I'm in a similar situation with about $8K in losses this year.
Tax loss harvesting means strategically selling investments that have declined in value to realize losses that can offset capital gains or up to $3,000 of ordinary income per year. Since you already have $8K in losses, you'll use $3K this year against ordinary income, then have $5K carrying forward. In future years, if you have investments that have appreciated significantly and you want to sell them, your carried-over losses will offset those gains, potentially reducing or eliminating the tax impact. Just be careful of the wash sale rule - don't buy substantially identical securities within 30 days before or after selling at a loss.
Just a quick tip from someone who messed this up last year - make sure you're tracking your loss carryovers yourself and don't rely solely on your tax software to remember them year to year. I switched tax software and almost forgot about my carried-over losses! Keep a spreadsheet or something with your tax records.
Learned this the hard way too. Does anyone know if turbotax carries this info forward correctly if you use them consecutive years?
Lucas Kowalski
This is actually a fairly common issue with new LLCs. Here's what's important: If you've been filing and paying taxes consistent with S-corp status for 2021 (meaning you filed Form 1120-S and issued yourself a W-2 as an employee-owner), you have a much stronger case for retroactive election. When filling out Form 2553, check Box D1 in Part I for the January 1, 2021 effective date. In Part III (Late Election Consent), explain that you've been operating with the understanding that you were an S-corporation and have filed all relevant tax documents accordingly. The IRS is generally pretty reasonable with the relief provision if you've been consistent in your tax treatment.
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Olivia Kay
ā¢Thanks for this info! I did file Form 1120-S for 2021 and issued myself W-2s, so sounds like I've been operating consistent with S-corp status. I was just confused about whether I could put January 1 as the effective date when my LLC wasn't technically formed until March. I'll definitely check Box D1 and explain the situation in Part III as you suggested. Do you think I should attach anything else to the form when I send it in? Like copies of my 2021 tax filings to prove I've been operating as an S-corp?
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Lucas Kowalski
ā¢Yes, you should absolutely attach copies of your 2021 Form 1120-S and any W-2s you issued yourself as supporting documentation. This demonstrates to the IRS that you've been operating consistently as an S-corporation. Also consider attaching a brief cover letter referencing the IRS notice you received and explaining your intention to address this with the late-filed election. I'd also recommend sending it certified mail so you have proof of submission. The IRS can be slow to process these, so having documentation of when you submitted everything can be important if they follow up again before processing your election.
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Olivia Martinez
Something nobody's mentioned yet - make sure you're using the CURRENT version of Form 2553. The IRS updated it in December 2023 and they're pretty strict about using the correct version.
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Charlie Yang
ā¢Good point! I made this mistake last year and they rejected my filing, adding another 2 months to the process. You can download the current version directly from irs.gov rather than using any forms that might be outdated on tax preparation websites.
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