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Another option to consider - if you consistently owe because of income that doesn't have taxes withheld (like 1099 work, investments, etc.), you should be making quarterly estimated tax payments. The due dates are April 15, June 15, September 15, and January 15 of the following year. This spreads out your tax burden throughout the year instead of getting hit with one big bill. You can use Form 1040-ES to calculate and submit these payments. Bonus: doing this helps avoid underpayment penalties that the IRS charges when you owe too much at filing time.
Is there an easy way to figure out how much to pay for those quarterly payments? Our situation involves some rental income on top of our regular jobs, and I think that might be why we keep owing so much.
For rental income, you'll want to estimate your annual rental profit (income minus expenses) and multiply by your tax bracket percentage. Then divide that amount into four equal payments. A simple approach is to take whatever you owed last year and divide by 4 - that's usually enough to avoid underpayment penalties under the "safe harbor" rule. The IRS only requires you to pay 90% of this year's taxes or 100% of last year's tax amount (110% if your income is over $150,000), whichever is smaller. If your rental situation is complex, you might want to consult with a tax professional for the first calculation, then you can handle the quarterly payments yourself going forward.
Owing vs. getting a refund is really just personal preference. I intentionally have extra withheld because I'm terrible at saving. My tax refund is my forced savings account that funds my vacation every year. Mathematically, yes, I could invest that money throughout the year instead. But realistically, I wouldn't. I'd spend it. So for me, getting a refund IS actually the better financial choice despite what the optimization folks say. Do what works for YOUR financial personality and situation!
This is exactly right! The "don't give the government an interest-free loan" advice only makes sense if you're disciplined enough to actually invest that money instead. For many people, slightly overwithholding is a painless way to save.
Based on my experience with a similar structure, I think you're overlooking a simpler solution. Why not have the partnership directly employ the individual instead of having them employed by the S-Corp? This would eliminate the need for the reimbursement entirely. The partnership would pay the salary and benefits directly, report it on partnership payroll tax returns, and then distribute the remaining profits equally to both S-Corps. This maintains equal distributions while properly accounting for the compensation.
Thanks for the suggestion, but unfortunately that's not feasible in our case. There are specific reasons (including some health insurance and retirement benefits) why this person needs to remain employed by the S-Corp rather than directly by the partnership. We looked into changing the employment structure earlier and determined it would create more problems than it would solve.
I understand the constraints with benefits. In that case, I think your best option is to follow the special allocation approach mentioned earlier. You'll need to amend your partnership agreement to specifically state that the $25k is first allocated to S1 as a special allocation to compensate for the employment expense, with the remaining profits split 50/50. This maintains economic substance while ensuring your allocations match the reality of your situation. Just make sure the special allocation language complies with the "substantial economic effect" requirements in Treas. Reg. 1.704-1(b)(2).
Has anyone considered using an accountable plan? If structured correctly, the reimbursement wouldn't be taxable to the recipient and would be deductible by the partnership. Worth looking into for this situation.
Accountable plans are typically for employee expense reimbursements, not for reimbursing one partner for paying another partner's compensation. I don't think it applies here since the partnership isn't reimbursing an employee for business expenses - it's a structural compensation arrangement between partners.
Just want to add something important about expenses for Grubhub/delivery app work: TRACK YOUR MILES! You can deduct $0.655 per mile for 2023 (goes up to $0.67 for 2024). For most delivery drivers, standard mileage rate is better than actual expenses. I made about $525 with UberEats last year, drove roughly 750 miles for deliveries, and was able to deduct $491.25 for mileage alone. This offset most of my delivery income, reducing what I owed in taxes significantly. You'll report the Grubhub income on Schedule C, then subtract your mileage and other business expenses. Even without a 1099, keep good records of your income and expenses in case of an audit.
Do you literally just write down your odometer reading before and after each shift? Is there an app that's better for tracking? I just started with DoorDash and want to make sure I'm tracking correctly from the beginning.
You can track miles either by recording odometer readings or using an app. I personally use the Stride app (it's free) which tracks my miles via GPS while I'm working. At the end of the year, it gives me a report of all my business miles. Some other good options are Everlance, MileIQ, or even just a simple spreadsheet where you log the date, starting point, ending point, purpose of trip, and total miles. The key is consistency - track every work trip and keep the records for at least 3 years in case of audit. Whatever method you choose, just make sure you're tracking from day one - those miles really add up and can save you a ton on taxes!
Just wanted to mention that if your net earnings from self-employment (like Grubhub) are LESS than $400 for the year, you don't have to pay self-employment tax on that income. You still report it on Schedule C, but you won't owe the 15.3% SE tax. So for your $560, after deducting mileage and other business expenses, if your net profit falls below $400, you'll just pay regular income tax on that amount, not the additional self-employment tax. This is a small but important distinction that might save you some money!
So I definitely need Schedule C regardless, but I might not owe the self-employment tax if my net profit (after mileage and expenses) is under $400? That's really helpful to know! The mileage deduction alone might bring me under that threshold since I did put a lot of miles on my car for those deliveries. I'm going to track down all my gas receipts and see if I have any notes about the miles I drove too. Thanks everyone for the great advice. I feel much less confused about how to handle this on my taxes now!
One thing nobody mentioned yet - make sure you're filing these 1099s on time! The deadline for sending 1099-NECs to contractors is January 31, and the deadline for filing with the IRS is also January 31. There are serious penalties for late filing. Also, double-check your contractor's information before filing. Make sure you have the correct spelling of their name, correct address, and most importantly, the correct TIN (tax ID number or SSN). If this information doesn't match what the IRS has on file, you could get hit with TIN validation penalties.
What exactly are the penalties for late filing? I'm in a similar situation and just realized I'm supposed to be issuing 1099s to some contractors I used last year, but I'm way past the deadline now. Should I still file them late or just wait until next year and do it right?
The penalties depend on how late you file and whether the IRS considers it intentional disregard. For 1099s filed within 30 days after the due date, the penalty is $50 per form. For forms filed more than 30 days late but before August 1, it's $110 per form. For forms filed after August 1 or not filed at all, it's $280 per form. You should definitely still file them even if they're late. Filing late is better than not filing at all, as the penalties for intentional disregard of filing requirements can be even higher (up to $570 per form). Plus, getting into compliance now helps you avoid issues if you're ever audited. The IRS is more forgiving if you correct mistakes voluntarily rather than waiting until they catch them.
Does anyone know if you need a SEIN (State Employer Identification Number) in California just to issue 1099s? I'm in the same boat - freelancer in California occasionally hiring other freelancers, but I don't have any employees. Getting conflicting info about whether I need to register with EDD just to issue a few 1099s.
You don't need a SEIN in California just to issue 1099s. I'm a CA-based writer who hires editors and designers as independent contractors, and I've been issuing 1099s for years without a state employer ID. The SEIN is only required if you have actual employees with payroll withholding. For boxes 5-7 on the 1099-NEC, I just put "CA" in box 5, leave box 6 blank, and enter the full payment amount in box 7. I've been doing it this way for 3 years based on advice from my accountant, and never had any issues with the CA Franchise Tax Board or the IRS.
Yara Haddad
One important thing nobody's mentioned - if you can pay the full amount within 180 days, you should request a short-term payment plan instead of an installment agreement. There's no setup fee for short-term plans, while installment agreements have setup fees ranging from $31 to $149 depending on how you apply and pay. Also, if your financial situation is really tight, look into an "Offer in Compromise" where the IRS might accept less than the full amount you owe. They have a pre-qualifier tool on their website to see if you might be eligible.
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Keisha Robinson
ā¢How does the IRS determine if you qualify for an Offer in Compromise? I owe about $6k and honestly would struggle to pay even $50/month right now.
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Yara Haddad
ā¢The IRS looks at your ability to pay, income, expenses, and asset equity. They basically want to see if you can reasonably pay the full amount through a payment plan or if your financial situation makes that impossible. For the pre-qualifier tool, you'll need to enter detailed information about your financial situation - income, expenses, assets, etc. The tool then calculates the minimum offer amount the IRS might accept. It's pretty thorough, so have your financial information ready. If you're struggling with $50/month payments, you might indeed qualify, especially if you have limited assets and high necessary living expenses.
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Paolo Conti
Just curious - does anyone know what happens if you just ignore the certified letter? Not saying OP should do this, but I missed one a couple years ago and nothing ever came of it...
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Amina Sow
ā¢NO! Do NOT ignore IRS certified letters! They don't just go away. If you ignore them, the IRS can eventually levy your wages, put liens on your property, or seize money from your bank accounts without going to court. Maybe you just got lucky or they're still working their way to your case.
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