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Financial advisor here - a few more things to consider about your 529 situation: 1) Remember that a 529 can only have one owner at a time. The owner has full control over the account, including the ability to change beneficiaries or even withdraw funds (with penalties for non-qualified expenses). 2) If you're concerned about maintaining control over your contributions, definitely open your own account. This is extremely common in divorce situations. 3) Check your divorce decree carefully - sometimes there are provisions requiring the ex-spouse to provide statements showing contributions and growth. 4) Coordinate with your ex on investment strategies - you don't want one account taking high risks while the other is conservative.
Thanks for the detailed info! My decree does require my ex to provide quarterly statements, but doesn't say anything about tax benefits. Are there any other implications I should be aware of if I open my own separate 529? Like, does it matter which account gets used first when my son goes to college?
There's no rule about which 529 account gets used first when your son attends college. Typically, you'd want to coordinate with your ex about this when the time comes. Some divorced parents agree to each pay a certain percentage of expenses, while others might agree to deplete one account before starting on the other. As for other implications, remember that having your own account gives you complete control over your contributions. If your ex were to use the funds inappropriately or change the beneficiary, you'd have no recourse with her account. With your own account, you maintain full control over your portion of the college savings.
Has anyone dealt with moving money from an existing 529 to a new one? My ex has been the owner of our kid's 529 for years but I want to start my own now for the tax benefits.
You can't directly transfer money from your ex's 529 to your new one unless your ex initiates it as the account owner. It would count as a withdrawal from their account and a new contribution to yours. Instead, just leave the existing money where it is and start making your new contributions to your own account.
That makes sense, thanks! Guess I'll leave the old funds where they are and just start fresh with my own account. Seems like the cleanest approach without having to get my ex involved more than necessary.
One thing nobody has mentioned yet - you should also consider filing with your state's Department of Labor about the misclassification. The IRS handles the federal tax issues, but your state labor department can help recover other benefits you might have missed out on due to being misclassified. I had almost the exact situation (1099 then W2 with issues) and filing with my state's labor board got me back wages for unpaid overtime, missed meal breaks, and even some unpaid PTO that I should have accrued as an employee. Plus they investigated the company's practices with other employees too.
Wouldn't this definitely cause problems with OP staying in the industry though? The DOL investigation would name them specifically right? Unlike the IRS where there's at least some level of confidentiality?
You're right that there's less anonymity with a state labor board complaint. They typically inform the employer who filed the complaint during the investigation process. That said, there are strong anti-retaliation laws that make it illegal for your former employer to badmouth you in the industry or interfere with future employment. Whether this causes industry problems really depends on your specific situation - how vindictive your former employer might be, how large the industry is in your area, and how much power they have within it. It's definitely something to weigh carefully based on your individual circumstances and tolerance for potential conflict.
Ok so I've worked as a bookkeeper and seen this from the other side. Sometimes business owners genuinely don't understand proper classification and tax withholding (not excusing it, just saying). Before you go nuclear with reporting, have you tried having a direct conversation with your former boss about the discrepancies? I've seen situations where a direct, professional conversation with documentation showing the errors led to the employer fixing the W2s and even reimbursing the employee for the extra taxes they paid. Might be worth a shot before investing time in formal reports and potential industry drama.
I did try talking to her about it while I was still working there. She blamed her accountant for all the mistakes but never actually fixed anything. When I brought it up again after getting my W2 and seeing all the problems, she got defensive and basically said her books were correct and I must be mistaken. That's when she cut my pay citing "tax errors" that needed to be "corrected" going forward. I've been hesitant to reach out again since quitting because our last conversations were pretty tense. But maybe a formal letter outlining the issues with copies of the checks would be worth trying before filing anything official?
A formal letter is definitely worth trying. Make it professional, not accusatory, and focus on the factual discrepancies with your documentation attached. Suggest that you're hoping to resolve this directly before having to involve tax authorities. Send it certified mail so you have proof she received it. Give a reasonable timeframe for response (like 14 days). This approach gives her one last chance to correct things, and if she doesn't respond, you've created additional documentation of your good-faith efforts to resolve the situation before filing official complaints. That paper trail of attempting resolution can be beneficial if you do need to escalate things.
18 One thing no one has mentioned yet - if you're looking to minimize penalties, you might want to consider applying excess contributions to a future year if possible. I did this for one of my excess contribution years and it saved me from having to withdraw anything.
2 Can you explain how that works? I thought you couldn't "carry forward" Roth contributions like that?
18 You're right that you can't exactly "carry forward" Roth contributions in the traditional sense, but if you're eligible to contribute in the current year, you can apply excess contributions from a prior year to the current year instead of withdrawing them. For example, if you made an excess contribution in 2021, and you're eligible to contribute to a Roth in 2023 but haven't maxed it out yet, you can apply some or all of that 2021 excess amount toward your 2023 contribution limit. You'd still owe the 6% penalty for 2021 and 2022 (if you didn't fix it before the 2022 deadline), but you'd avoid the penalty for 2023 and beyond without having to withdraw funds.
10 Does anyone know if there's a statute of limitations on fixing these excess contributions? I discovered I had the same issue but going back to 2019-2020.
One thing nobody's mentioned yet - don't forget that as an S-corp owner, you need to run actual payroll (either yourself or through a service) for your W-2 wages. Those payroll taxes need to be deposited regularly (usually monthly or semi-weekly depending on your size) and are separate from your quarterly estimated income tax payments. I use Gusto for payroll and it automatically calculates and submits all the payroll taxes including the employer portion. Then I just make quarterly 1040-ES payments for the additional tax on my distributions.
Do you need to make estimated tax payments if you have a decent amount withheld from your W-2 salary? Like could I just increase my W-2 withholding and skip the quarterlies?
Yes, you absolutely can increase your W-2 withholding instead of making separate quarterly payments! This is actually a great strategy many S-corp owners use. You can use the higher withholding from your S-corp salary to cover your tax liability on both your salary AND distributions. Just complete a new W-4 form requesting additional withholding to cover the tax on your distributions. The IRS doesn't care whether the tax comes through withholding or estimated payments, as long as you're paying enough throughout the year to avoid underpayment penalties.
What accounting software are ppl using for their S-corps? I'm trying to figure out how to track everything properly for taxes.
Grant Vikers
Another option might be to check with your shipping carrier. FedEx and UPS both have trade advisors who can help with HS code classification. I ship wooden music boxes (some with electronic components) and FedEx's international trade advisor helped me classify them properly. Might save you some time if you're already using one of the major carriers!
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SebastiΓ‘n Stevens
β’Do the carriers provide this service for free? And are their classifications considered "official" enough that customs won't question them? I ship through USPS mostly, but I'd switch carriers if it meant getting reliable HS code help.
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Grant Vikers
β’The major carriers typically provide basic classification assistance for free if you're a regular customer shipping internationally. While their guidance isn't a formal binding ruling, it's generally reliable since they have a vested interest in ensuring smooth customs clearance. The classifications they provide are based on the official Harmonized Tariff Schedule. USPS unfortunately offers less support in this area compared to FedEx, UPS, or DHL. If you're shipping high volume or high-value items internationally, it might be worth considering a switch. Alternatively, you could use USPS for domestic and smaller carriers for international if that makes financial sense for your business.
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Giovanni Martello
For wooden keyboard cases, I've had success using HS code 4421.99.94 for shipments to Europe and 4421.91.9060 for Canada. The key is to document that wood is the material of essential character (over 50% by value). I started a spreadsheet tracking which codes work best for different countries - customs requirements can vary slightly even though HS codes are supposed to be harmonized.
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Savannah Weiner
β’That's super helpful! Did you run into any issues with duty rates varying between countries even with the same HS code? I'm trying to figure out if I should adjust my prices for international customers based on their location.
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