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Just to add another perspective - I switched from S-corp to C-corp last year and regretted it. The double taxation was worse than I expected, plus the accounting costs were higher because C-corps require more complex bookkeeping and tax filings. Another thing nobody mentioned is that S-corps give you the Qualified Business Income deduction (Section 199A) which can be up to 20% of your business income. C-corps don't get this. In my situation, that deduction was worth about $10k, which totally offset any perceived benefits of the C-corp tax rates. I'm in the process of converting back to S-corp for 2025. Think carefully before making this change!
Thanks for sharing your experience! I hadn't even considered the QBI deduction. Do you remember how complicated the process was to switch from S to C? And now you're switching back? Did you use a specific service or accountant to help with the transition?
The conversion process itself wasn't too difficult - it's basically filing Form 8832 to elect C-corp status. The real complications came afterward with the new tax reporting requirements and accounting changes. I worked with my accountant who specializes in small business taxation. If you're considering a change, I'd definitely recommend working with a specialist rather than doing it yourself. There are timing considerations and potential tax implications that aren't obvious. For example, after you revoke S-corp status, you generally can't re-elect it for 5 years without IRS permission, which is why I'm having to go through a more complex process to switch back.
Has anyone actually calculated the specific difference between S and C corp with real numbers? Like in the OP's case with 72k W2 income and let's say 60k business income?
I did this calculation recently for a similar situation. Here's a simplified breakdown: S-corp: 60k business income passes through. Assuming a reasonable salary of 35k (subject to payroll taxes) and 25k as distribution (no SE tax). The 60k is taxed at personal rates, but with QBI deduction on qualified income. Approx total tax: $12-14k depending on deductions. C-corp: Corporation pays 21% on 60k = $12.6k. Then any money taken out as dividends gets taxed again at 15% (assuming qualified dividends). So if you took all remaining $47.4k as dividends, that's another $7.1k in tax. Total: $19.7k. This is simplified and excludes other factors, but illustrates why S-corps often work better for smaller businesses where owners need to take most profits out.
Something that gets overlooked in these discussions - consider the exit strategy before picking a location. I set up in Delaware thinking it was always the best, but when I sold some equity positions last year, I faced unexpected tax complications because of California's aggressive approach to taxing residents with out-of-state entities. Make sure you understand the interaction between federal capital gains taxes and state tax obligations for equity sales. Your holding company location affects more than just annual taxes - it has major implications when you eventually sell those investments.
Would you mind explaining a bit more about those unexpected complications with California? I'm in a similar situation with a Delaware entity but live in California.
Sure thing. California takes the position that if you're a CA resident managing the holding company, they can tax the income and capital gains regardless of where the entity is formed. What happened in my case was that I had created a Delaware holding company owning several startup equity positions, but since I was making all investment decisions from California, the state considered it a California business. When I sold two of my positions for a significant gain, California required me to pay state tax on the entire gain, effectively ignoring the Delaware structure. I also had to deal with California's "doing business" fee since they deemed my holding company to be operating in California. The real surprise was that I still had to pay Delaware franchise tax while also being fully taxed by California - basically getting the downsides of both states without the expected benefits of Delaware.
Has anyone considered using an IRA to hold startup equity instead of a holding company? I've heard this can provide tax advantages for certain types of investments, especially if you expect significant appreciation.
That's actually a complicated area. You can use a Self-Directed IRA for certain equity investments, but there are prohibited transaction rules that can easily be violated with startup equity. If you're actively involved with any of the companies, it's especially problematic. Plus many equity compensation types like ISOs and NSOs can't be held in IRAs directly.
An important factor nobody's mentioned yet - check if there's a tax treaty between the UK and New Zealand! This can make a huge difference in avoiding double taxation. Usually these treaties have specific provisions for determining where a company is considered resident for tax purposes when there's ambiguity like in your situation.
Theres also something called a "tie-breaker" rule in most tax treaties that helps determine which country gets primary taxing rights when both claim you. Usually comes down to where you have stronger personal connections, permanent home, etc.
You're absolutely right about the tie-breaker rules. They're crucial in these situations. Most treaties follow a hierarchy of tests: permanent home first, then center of vital interests (personal/economic connections), then habitual abode, and finally nationality. For a company, the tie-breaker often comes down to where the effective management is located - which in the original poster's case would likely be New Zealand since that's where the actual decision-makers are physically located, regardless of where the company is registered.
Get ready for a paperwork nightmare! I have a similar US/UK situation and end up filing in both countries. The key is finding a good accountant who specializes in international taxation - don't try to DIY this!!
How much does an international tax accountant usually cost? I'm in a similar boat with income from three different countries and I'm terrified of getting it wrong, but also worried about the cost.
Another important factor is that if your girlfriend's father claimed the kids before, and now suddenly someone else claims them, it might trigger a closer look from the IRS. They tend to notice pattern changes like that. If your girlfriend is the custodial parent, she has the strongest claim legally unless she's signed Form 8332 giving the right to the non-custodial parent. Make sure she has documentation of how long the children live with her - school records, medical records, etc. Also, since she receives SSI for the children, that's already documented with the government, which strengthens her position as the custodial parent. Keep in mind that SSI income is generally not taxable, but it can affect other benefits.
Do you know if the father claiming them before will cause problems even if he never had the legal right to do so? My cousin let her parents claim her kid but now she wants to claim him herself.
If the grandfather claimed the children in previous years without having the legal right to do so (meaning without meeting the dependency tests or having proper documentation), then yes, it could potentially cause some questions when your cousin claims her own child. However, this doesn't mean she shouldn't claim her own child if she's legally entitled to. The IRS might send notices asking for clarification if they see a pattern change, but if your cousin is the custodial parent and meets all the tests for claiming her child, she should be able to claim them without issue. She should just be prepared to provide documentation showing that the child lives with her if asked. This could include school records, medical records, or other official documents showing the child's residence.
Has anyone used TurboTax for a situation like this? Their interview process seemed confusing when I tried to explain a similar situation last year.
I used TurboTax last year for a somewhat similar situation with my girlfriend's kids. The key is to answer their questions literally and not overthink it. When they ask if someone "can" claim you as a dependent, that's a legal question about whether anyone meets the tests to claim you, not whether someone actually will claim you. Make sure to go through their special situations section too if your standard living arrangement doesn't fit their initial questions. It gets more detailed there.
Giovanni Colombo
Another option that hasn't been mentioned - if you have good credit, you might consider a personal loan to pay the IRS in full, then pay back the loan over time. Sometimes the interest rate on a personal loan can be lower than the combined interest and penalties from the IRS (which can run about 8-10% annually when combined). Credit unions often have the best rates. I did this a few years back when I owed about $9k, got a loan at 6.5% which saved me money versus the IRS plan.
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Carmen Vega
ā¢Thanks for suggesting this. Do you know if taking out a loan would impact my credit score significantly? Mine's currently around 720 and I'm trying to save up for a house in the next year or two.
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Giovanni Colombo
ā¢There would be a small initial dip when the lender does a hard credit pull, maybe 5-10 points. Then your score might drop a little more when the new account appears, reducing your average account age. However, if you make all payments on time, your score should recover within a few months and potentially go even higher as you demonstrate responsible payment history. The biggest risk to your score would be from missing payments on the loan, which would be much worse than the temporary dips from opening the account.
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Fatima Al-Qasimi
Just a heads up - don't ignore this or miss the filing deadline even if you can't pay! File on time and pay whatever you can, even if it's just a small amount. The failure-to-file penalty is much worse than the failure-to-pay penalty. Failure-to-file is 5% of your unpaid taxes for each month your return is late, up to 25%. Failure-to-pay is only 0.5% per month, up to 25%. Also, make sure you request the payment plan before the tax deadline if possible. I learned this the hard way!
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Dylan Cooper
ā¢This is super important advice. I put off filing one year because I couldn't pay, and those failure-to-file penalties were brutal. Ended up owing way more than I would have if I'd just filed and set up a payment plan right away.
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