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This whole thread is really helpful. I have a related question - if my S Corp (which is a 30% member of an LLC) has its own employees and payroll, how does that factor in? Can the S Corp still take deductions for its own payroll expenses even though it's receiving K-1 income from the LLC?

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That's super helpful, thanks! My accountant mentioned something about "reasonable compensation" requirements for S Corps but wasn't clear on how that interacts with the K-1 income flowing in. Does the K-1 income from the LLC affect how much I need to pay myself as reasonable salary from the S Corp?

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Luca Ferrari

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The K-1 income does indirectly affect reasonable compensation considerations. The IRS expects S Corp owner-employees to take a "reasonable salary" before taking distributions, which means your salary should be comparable to what would be paid for similar services in your industry. When your S Corp receives additional income (like K-1 income from an LLC), it increases the total profit available in the S Corp. If your responsibilities or time commitment increase due to this additional business activity, it might justify a higher reasonable salary. The key test is always what's reasonable for the actual services you're providing to the S Corp. Remember that paying yourself too little in salary and taking large distributions instead can be a red flag for the IRS, as it can look like an attempt to avoid payroll taxes.

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Andre Dubois

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Has anyone here ever converted from having their LLC issue 1099s to an S Corp to making the S Corp an actual member of the LLC? I'm considering this structure but worried about the transition complexities.

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CyberSamurai

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I did this last year. The paperwork is a pain, honestly. You need to formally admit the S Corp as a member of the LLC, which means amending the LLC operating agreement. Then there's the whole issue of how to value the membership interest if the S Corp is purchasing it rather than being granted it. We had to get a business valuation done which cost about $3,500.

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One thing nobody's mentioned is state taxes and fees. In California, LLCs pay a minimum $800 annual tax regardless of profit, which would wipe out any federal tax benefits for a small side hustle. But in Wyoming or Delaware, the fees are minimal. Also consider liability protection. LLC protects your personal assets if someone sues your business. Graphic design might seem low risk, but if you accidentally use copyrighted material or a client claims your design caused them financial harm, that protection matters.

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Natalie Chen

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Thanks for bringing up state considerations! I'm in Michigan, so I'll have to look into what the fees are here. Do you know if the liability protection is significantly different between sole prop with good insurance vs an LLC?

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Michigan is actually pretty reasonable - filing fee is around $50-75 and annual statement fee is just $25. Much better than California! Insurance and LLCs protect you differently. Insurance covers specific claims up to policy limits, while an LLC creates a legal separation between business and personal assets. Even with good insurance, as a sole prop, someone could still come after your personal assets if they win a judgment exceeding your coverage limits. The LLC creates a legal barrier they'd have to overcome (though not impossible). For graphic design, professional liability insurance is probably more immediately important than an LLC, but having both gives the strongest protection. Many designers start with good insurance, then form an LLC once profits justify the additional paperwork.

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Just remember the QBI deduction (Qualified Business Income) works for sole props and LLCs alike - you get up to 20% deduction on your business income regardless. So that big tax benefit applies either way!

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The QBI deduction phases out though, right? I think once you make over a certain amount it starts to disappear?

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Have you considered working with a CPA? With losses that large and a complex tax situation, it might be worth paying for professional help rather than trying to figure it out yourself or relying on forum advice. I was in a somewhat similar situation (though with smaller numbers) and my CPA helped me develop a multi-year strategy to optimize my losses. He also found some deductions I'd missed in previous years and we filed amended returns.

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Zara Malik

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I've thought about it but wasn't sure if my situation warranted a CPA. Would you mind sharing roughly what you paid for that service? And did they help specifically with tax-loss harvesting strategies or more general tax planning?

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I paid around $350 for the initial consultation and tax plan development, and then about $400 for each year's tax return preparation. Considering he saved me over $8,000 in taxes through better loss harvesting strategies and finding missed deductions, it was absolutely worth it. He specifically helped with creating a tax-loss harvesting strategy across multiple years, identifying which specific investments to sell when, and properly documenting everything for the IRS. He also advised on how to structure my investments going forward to be more tax-efficient. For someone with $207k in losses like you have, the potential tax savings would likely be much higher than what I experienced.

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Just wondering - what investment led to such a massive loss in 2023? Was it concentrated in a single position or spread across multiple investments? Understanding what caused the loss might help with planning how to avoid similar situations in the future while you work on using up the tax loss.

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Jamal Carter

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Not OP, but I'm guessing crypto or maybe options trading. Those are usually the culprits when you see wild swings like $267k gain followed by $210k loss. Regular stock investing rarely produces that kind of volatility unless you're heavily concentrated in a few speculative stocks.

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Zara Malik

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It was a combination of factors. I had a concentrated position in a few tech stocks that did extremely well in 2022, and I got overconfident. In 2023, I started trading options with larger positions than I should have, and then doubled down when things started going south. I also had some crypto that crashed. The perfect storm basically. I've definitely learned my lesson about diversification and position sizing. I'm working with much smaller position sizes now and have moved a significant portion of my portfolio to index funds. Still have some individual stocks but with strict limits on how much I allocate to any single position.

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Just FYI - if you file by the deadline but don't pay, the penalty is way less than if you don't file at all. Filing on time but paying late = 0.5% penalty per month. Not filing at all = 5% penalty per month!! Always file even if you can't pay!!!

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Serene Snow

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Thank you for this! That's actually really good to know. So I did the right thing by filing even though I can't pay right now. Do you know if there's any way to get the penalties waived? I read something about "first time abatement" somewhere.

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Yes, there is a First Time Penalty Abatement that the IRS offers if you haven't had any penalties in the past 3 tax years. You usually need to call and request it, and they don't automatically tell you about it. It won't waive the interest, but it can remove the failure-to-pay penalties. Definitely worth asking for if this is your first time owing or being late with payment. You typically need to have paid the tax or set up a payment plan before requesting the abatement.

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Freya Ross

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Has anyone tried paying with a credit card? I know there's a fee but wondering if it's better than the IRS interest rates??

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I did this last year. The processing fee was around 2% of the tax amount. My credit card had 22% APR, while the IRS interest rate was like 6-7%. So unless you can pay off that credit card REALLY fast or have a 0% intro offer, the IRS plan is usually cheaper.

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Careful with mortgage interest! Since you have a business in your home, you'll need to split the mortgage interest between Schedule A (personal) and Schedule C (business) based on the percentage of your home used exclusively for business. This is a common mistake for new business owners and can cause issues if you're audited. You can't double-dip and claim 100% of mortgage interest on Schedule A while also claiming a home office deduction!

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Ryan Young

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Is it even worth claiming home office then? I've heard it reduces your mortgage interest deduction and complicates selling your house later because of capital gains implications. Some of my friends say to avoid it completely.

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Sophia Clark

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One thing nobody mentioned yet - make sure your LLC is set up for the right tax treatment! By default, a single-member LLC is taxed as a sole proprietorship (Schedule C), but you could have elected to be taxed as an S-Corp which changes EVERYTHING about how losses flow through. What tax treatment did you choose for your LLC?

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Avery Flores

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I didn't make any special elections, so I guess it's the default (sole proprietorship)? Is that bad? Should I have chosen S-Corp instead?

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Sophia Clark

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For your first year with more expenses than income, the default sole proprietorship treatment is actually perfect! This allows your business losses to directly offset your W-2 income on your personal return. If you had elected S-Corp status, the rules for how losses flow through would be more complicated and potentially less beneficial in this startup phase. As your business becomes profitable, S-Corp status might make sense to save on self-employment taxes, but for now, you're in the ideal structure to maximize the tax benefit of your startup losses. You made the right choice by sticking with the default!

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