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Wait, I'm confused about something basic here... if guaranteed payments are basically like salary for partners, why wouldn't both partners get them equally if they're putting in equal work? Isn't that unfair to the partner not getting the guaranteed payments?
It's not necessarily unfair - it's just different ways of taking money out of the business. Partner A might prefer regular guaranteed payments (like a salary) while Partner B might prefer taking distributions only. The total compensation can still be equal at the end of the year, just structured differently. Each approach has different tax implications though. Guaranteed payments always face self-employment tax (15.3%), while certain distributions might avoid that depending on the partnership structure. So sometimes the "salary" partner ends up paying more in taxes for the same amount of money.
Another thing to consider - sometimes guaranteed payments are used when one partner contributes specialized assets to the partnership. For example, if your partner contributed intellectual property, equipment, or client relationships in addition to the cash contribution, the guaranteed payment might be compensating them for that. Check your partnership formation docs carefully. Even if you both contributed the same cash amount, there might be other contributions being compensated through these guaranteed payments.
Just a heads up - the 37% federal tax rate is ABSOLUTELY the right top bracket for 2025 for income over $609,350 if you're filing as single. The 35% bracket applies to income between $243,725 and $609,350. You mentioned "the tax bracket for this amount of income only goes up to 35%" which isn't accurate for 2025 tax rates. The 37% top rate didn't go away like some people expected. Also, with your income level in NYC, you're also getting hit with: - NYC local income tax (up to 3.876%) - NY State income tax (up to 10.9%) - Self-employment tax (15.3% up to the Social Security wage base, then 2.9% + 0.9% additional Medicare tax) When you add everything up, your effective rate can easily exceed 45% of your income! It sucks, but it's unfortunately normal.
Actually you're confusing marginal and effective tax rates. Their federal EFFECTIVE rate shouldn't be 37% on the whole amount even if part of their income falls into the 37% bracket. That's the whole point of progressive taxation - only dollars above each threshold get taxed at the higher rate.
I'm not confusing anything. If you read my post carefully, I was correcting OP's statement about the top marginal rate only going up to 35%. The top rate is actually 37% for income over $609,350 in 2025. I then mentioned all the OTHER taxes they're paying, which when combined with federal income tax, can push their total effective tax rate to 45% or higher. I never claimed their federal effective rate alone should be 37% on their whole income. The combination of all these taxes explains why OP feels they're paying so much.
At your income level, you should really look into establishing a Defined Benefit Plan (cash balance pension) in addition to a Solo 401k. For someone earning over $600k, this combination can allow you to defer $200k+ in taxes annually in some cases. With a cash balance plan, contribution limits are based on age and income, with older individuals able to contribute more. It's more complex than a standard 401k but the tax savings can be enormous at your income level. The administrative costs are higher (expect $2-3k annually), but the tax savings typically dwarf these expenses. It's surprising how many high-income freelancers aren't aware of this option!
Have you checked whether you might have taken bonus depreciation on some components of your rental properties in 2021? That could explain the big difference. With TurboTax, it's really easy to miss that you're taking bonus depreciation on eligible components (like appliances, carpeting, etc.) because it sometimes applies it automatically depending on how you answer certain questions.
I actually hadn't considered bonus depreciation! That's a great point. I vaguely remember TurboTax asking something about "Section 179" and I think I might have said yes without fully understanding what it meant. Would that explain such a big difference?
Yes, that would absolutely explain the difference! Section 179 expensing and bonus depreciation can make a huge difference in the first year. Instead of depreciating certain components over their normal useful life (5-7 years for appliances, 15 years for land improvements, etc.), you can deduct the full cost in year one. If you applied Section 179 to eligible components of your rental properties in TurboTax, you might have fully deducted thousands of dollars worth of appliances, carpet, window treatments, etc., which would make your first-year depreciation much higher. FreeTaxUSA is probably calculating just the regular residential real estate depreciation (building value รท 27.5 years) without any bonus components.
Did you maybe include multiple properties in your TurboTax calculation but only entered one property in FreeTaxUSA? The numbers make me think you might have only transferred one of your three properties.
This is what I was thinking too. If the total cost basis for all three properties was $758,175, but you're only entering one property into FreeTaxUSA, that would definitely cause a mismatch.
If your employer won't provide the 1099, you should also consider filing Form SS-8 with the IRS. It sounds like you might have been misclassified as an independent contractor when you should have been an employee. Delivery drivers often get misclassified. Real employees should get W-2s, not 1099s, and the employer pays half of your Social Security and Medicare taxes. If you were misclassified, you're overpaying on self-employment taxes and missing out on protections. Filing the SS-8 asks the IRS to determine your correct worker status. It takes a while for them to process, but it could save you a lot in taxes if they determine you should have been an employee.
That's really interesting - I didn't realize I could challenge my classification. The owner did control my schedule completely and I used his truck, not my own vehicle. Does filing the SS-8 cause problems with filing my current return, or can I still go ahead and file using the income as self-employment while the SS-8 is being processed?
You can absolutely file your current return while the SS-8 is being processed. In fact, you can file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with your return if you believe you were misclassified. Use code G in column C which indicates you filed Form SS-8 but haven't received a determination. This approach allows you to only pay the employee portion of Social Security and Medicare taxes (7.65%) instead of the full self-employment tax rate (15.3%). If the IRS later determines you were correctly classified as an independent contractor, you may need to pay the difference, but if they determine you were misclassified, you've already filed correctly.
Did you have any kind of written contract with this guy? I once had an employer ghost me on tax forms and having our contract was super helpful when I had to prove my income to the IRS.
Abigail bergen
I'm an Uber driver and this is why I NEVER let anyone use my account, not even family. The tax nightmare isn't worth it. Your uncle is 100% wrong and this could potentially be viewed as tax fraud. The 1099 has YOUR social security number on it, which means the IRS expects YOU to pay both income tax and self-employment tax (an extra 15.3%) on that money. He should've set up his own account with a different email. Too late now though.
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Clarissa Flair
โขThanks for confirming what I suspected. Do you think I should just file the taxes normally and have him reimburse me for the extra amount I'll owe? Or is there a better way to handle this without getting him in trouble?
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Abigail bergen
โขYou should definitely report the income properly on your return since it's tied to your SSN. Have your uncle calculate exactly how much extra tax you're paying because of his income and reimburse you that amount - including the self-employment tax portion which is significant. If you want to do everything by the book, the proper way would be for him to pay you the full amount shown on the 1099, then you pay the taxes, and he would have no tax obligation. But most families just calculate the tax impact and have the actual earner reimburse that amount. Just make sure you keep documentation of everything in case of an audit.
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Ahooker-Equator
idk why everyone is making this so complicated. just file your taxes normally with your W-2s and ignore the 1099. if the irs sends you a letter later, just explain the situation then. i did that when my roommate used my amazon seller account and it worked out fine.
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Anderson Prospero
โขThis is terrible advice that could lead to penalties, interest, and potentially an audit. The IRS automatic matching system WILL flag the missing 1099 income and generate a CP2000 notice. By that point, penalties and interest will already be accruing.
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