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Just went through this exact situation last year. Make sure you have your partnership agreement in writing! Our tax preparer said this was the most important document for determining how partner compensation should be handled. Also, keep in mind that Schedule K-1 income is subject to self-employment tax for general partners. So both of you will owe the full 15.3% FICA taxes on your share of partnership profits, not just income tax. This surprised us our first year.
What specific things should we include in our partnership agreement regarding the payment for performances? We have a basic agreement but didn't get that detailed.
You should specifically include language about "guaranteed payments" for services performed by partners. This would clearly state that your partner receives $X per performance, regardless of the partnership's profitability, as compensation for services rendered in their capacity as a partner. You should also include how profits and losses will be allocated after accounting for these guaranteed payments. In your case, it would specify that after paying all performers (including your partner) and other business expenses, the remaining profits are split 50/50. Having this clearly documented will make your tax filings much more straightforward and defensible if ever questioned by the IRS.
Don't forget you'll need to file quarterly estimated taxes if you expect to owe more than $1,000 in taxes from this side business! This catches a lot of new partnerships off guard.
This is really important advice. First-time business owners often miss this and end up with underpayment penalties. I've found that setting aside about 30% of net income for taxes is a good rule of thumb for most partnerships.
Is that $1,000 per partner or for the partnership as a whole? And how do we calculate how much to pay each quarter?
Just wanted to add another perspective - I've been on a payment plan with the IRS for about 2 years now for a $47,000 debt from my failed construction business. The monthly payment is just $450, which is way less than I'd pay for a similar loan from a bank. The key is to be absolutely transparent about your financial situation. Don't try to hide assets or income - they have ways of finding that stuff anyway. When you're honest about what you can afford, they're usually pretty reasonable. Also, don't forget about requesting penalty abatement! If you have a clean history of compliance before your tax issues, you might qualify for First-Time Penalty Abatement, which can significantly reduce your overall debt. In my case, it knocked almost $8,000 off the total.
Did you use a tax professional to help set up your payment plan or did you negotiate it yourself? I'm in a similar situation ($56k debt) but worried about saying the wrong thing if I try to handle it myself.
I initially tried to set it up myself, but I made some mistakes on the financial forms that got my first proposal rejected. After that frustration, I hired a tax resolution specialist who helped me properly document my financial situation and negotiate terms that worked for my actual circumstances. It cost about $1,800 for their services, but they saved me way more than that by properly structuring everything. If your situation is straightforward and you're comfortable with financial forms, you might be able to handle it yourself. But in my experience, having a professional who knows exactly what the IRS is looking for made a huge difference in both the monthly payment amount and my stress level. They also helped identify which penalties could be abated, which I wouldn't have known to ask about.
Warning about tax relief companies though - many of them are complete scams! They charge thousands up front and promise to settle your debt for "pennies on the dollar", then basically just put you on a standard payment plan you could have set up yourself. If you need help, look for an Enrolled Agent or CPA who specializes in tax resolution. They charge reasonable fees and won't make outlandish promises. Ask for their credentials and check reviews carefully. The IRS website actually has a ton of resources too: https://www.irs.gov/payments/payment-plans-installment-agreements
100% this. My parents got scammed by one of those "we'll settle your tax debt for pennies on the dollar" companies. They paid $4500 upfront and got literally nothing but a standard installment agreement they could have set up with a 20-minute phone call. Complete ripoff.
Is there a specific credential or certification I should look for when hiring someone to help with tax debt? I see all these different titles - tax attorney, CPA, EA, tax resolution specialist - and don't know which is most appropriate.
Just to add another data point - we're seeing the same thing. Our refund dropped from $5,200 last year to about $1,600 this year. I checked our paystubs and sure enough, we've been getting about $300 more per month combined in our paychecks because less tax is being withheld. So actually we're getting MORE money overall, it's just spread out over the year instead of in one lump sum. I know some people use tax refunds as a forced savings method, but financially it makes more sense to get the money in your paychecks and put some in savings yourself. If you really want a bigger refund next year, just fill out a new W4 and put an additional amount to withhold on line 4c. That's what we're doing - having an extra $100 per paycheck withheld so we'll get a bigger refund next year.
Thanks for this explanation! I went back and checked our paystubs from this year vs last year and you're totally right. We're getting about $280 more per month in our paychecks compared to last year. That adds up to around $3,360 for the year, which almost exactly accounts for the difference in our refund. I guess I never noticed the slightly larger paychecks since it wasn't a huge difference per pay period, but it definitely adds up over the year! This makes me feel so much better. We might still adjust our W4 to get a slightly bigger refund next year since we like having that forced savings, but at least now I understand what happened.
Just a heads up - double check that your filing status is correct in your tax software. You mentioned your W2 has HOH (Head of Household) but you're filing married jointly. Those are two different filing statuses and you can't be both. HOH is for unmarried people who pay more than half the cost of keeping up a home for a qualifying person. If you're married and living with your spouse, you can't file as HOH. Make sure your tax software has you filing as "Married Filing Jointly" and not accidentally as "Head of Household" - that could definitely affect your refund amount!
I think they mean their W4 withholding at work is set to HOH, not their actual filing status. That's actually a common mistake - people have their withholding set wrong all year and then file with their correct status.
Don't forget about the "kiddie tax" that might apply! If your dependent has unearned income (interest, dividends, etc.) over $2,400, some of it might be taxed at YOUR tax rate instead of theirs. This usually doesn't affect students with just job income, but something to be aware of if they have investment accounts.
My daughter just has her job income from working at the campus bookstore, no investments or anything fancy. But I'm curious - what counts as "unearned income" exactly? And does scholarship money factor into any of this tax stuff? She got a partial scholarship last year.
Unearned income includes things like interest, dividends, capital gains, rents, royalties, etc. - basically money received from sources other than working a job. It's passive income rather than earned income. As for scholarships, they're generally tax-free if used for qualified education expenses like tuition, fees, books, and required supplies. However, any scholarship money used for room and board, or other non-qualified expenses would be considered taxable income. But this would be considered earned income, not unearned income, so it wouldn't trigger the kiddie tax rules. It would just be added to her regular taxable income.
Anyone know if the rules are different if my kid is going to school in a different state than where we live? My son goes to college out of state but I still claim him as a dependent.
The federal rules for standard deduction for dependents are the same regardless of what state they're in. But for state taxes, it gets complicated. Some states may require your son to file a return as a part-year resident or non-resident of that state if he earned money there. Most states follow similar dependent rules as federal but there are exceptions. Check both your home state and his college state rules.
Oliver Weber
One tip that really helped me as a first-time filer: gather ALL your documents before you start. This includes: - W-2 from your employer - Any 1099 forms (if you did freelance work) - Student loan interest statements - Bank statements showing interest earned - Healthcare coverage info - Last year's tax return (not applicable for first-timers) Take it slow and read each question carefully. The software asks everything for a reason. And don't be afraid to save your progress and come back later if you get confused or frustrated!
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Ava Williams
ā¢Thank you so much for this checklist! I definitely didn't realize I needed my bank statements showing interest. How much interest needs to be reported? My savings account only earned like $25 last year.
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Oliver Weber
ā¢You should report all interest income, even small amounts. Your bank should have sent you a 1099-INT form if you earned more than $10 in interest. Even if it's only $25, it's technically required to be reported. Don't stress too much about small amounts though. The IRS is mainly concerned with larger discrepancies. Just enter what you have documented and keep good records going forward. Tax software makes it really easy to enter these small amounts.
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FireflyDreams
Does anyone know if I need to file taxes if I only worked part-time and made less than $10,000? This is my first time too and I'm not sure if I even need to file.
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Miguel Castro
ā¢It depends on your situation, but generally if you're single and earned less than $12,950 in 2022, you're not required to file. HOWEVER, you should probably file anyway because you'll likely get back all the federal taxes that were withheld from your paychecks!
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