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Just to add some clarity on the original question - besides not needing Form 940, you also don't need to file Form 941 (quarterly employment tax returns) either since you don't have employees and aren't on payroll yourselves. What you DO need to focus on is paying your self-employment taxes through your personal tax return (Schedule SE). Since you mentioned it's just you and your husband taking money from the business to live on, those are considered "draws" not wages, and you'll pay self-employment tax (15.3%) on your net business income. Make sure you're setting aside enough for those taxes - they can be a shock if you're not prepared!

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Nia Thompson

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Is there any advantage to them putting themselves on actual payroll instead of just taking draws? I've heard something about S-corps saving on self-employment taxes but I'm fuzzy on the details.

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There can be significant tax advantages to electing S-corporation status and putting yourself on payroll, but it comes with more complexity and costs. With an S-corp, you can pay yourself a "reasonable salary" subject to employment taxes, then take additional money as distributions that aren't subject to self-employment tax. This can save thousands in self-employment taxes depending on your profit level, but you'll have additional costs: payroll processing, employment tax filings (including Forms 940 and 941), workers' comp insurance, and additional accounting complexity. Generally, businesses making $40,000+ in profit might benefit from this structure, but it's very situation-dependent and requires professional guidance to do correctly.

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As someone who's been in the cleaning business for 10+ years, I'd suggest focusing on your business growth now and not worrying about complicated tax strategies like S-corps yet. In the beginning, the simplicity of partnership taxation (which is what your LLC has by default) outweighs the potential tax savings. Just make sure you're tracking all your legitimate business expenses - cleaning supplies, equipment, vehicle mileage, home office deduction if applicable, insurance, marketing costs, etc. These deductions will reduce your taxable income and self-employment taxes.

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Thanks for the practical advice! We're definitely keeping track of all our expenses. Is there anything specific to the cleaning business that people commonly miss as legitimate deductions? We're currently using our personal cars to get to jobs.

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I think everyone's missing the obvious - if your salary is 62k but W2 shows 55k, that's a 7k difference that needs explaining. Is it possible you're counting bonuses or other compensation that hasn't actually been paid yet? Or did you start the job partway through the year? That would explain why the W2 is less than your annual salary rate.

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OP literally said they started the job in May. Reading comprehension ftw. That's obviously why the W2 shows less than the full salary amount.

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You're right, I completely missed that part about starting in May. That perfectly explains the difference between the 62k salary and 55k on the W2 - it's just the prorated amount for the partial year worked.

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Something nobody has mentioned yet - check if your employer is calculating your withholding correctly. I had a similar issue where HR was using the old W4 calculation method even with my new W4. When I started mid-year with a new baby, they didn't adjust for my dependent correctly. Worth asking your payroll department how they're calculating your withholding specifically.

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Emily Sanjay

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That's actually a really good point I hadn't considered. I'll reach out to our HR department to verify they're using the current W4 calculation method. They're a fairly small company so it's possible they're using outdated processes. That could definitely explain the discrepancy. I'm realizing from all these comments that I probably did get the child tax credit benefit, just in my paychecks rather than as a lump sum at tax time. I think I need to decide whether I want more money throughout the year or a bigger refund, then adjust my W4 accordingly.

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I had this exact issue with my company last year! They were using outdated software that wasn't correctly applying the Child Tax Credit on the new W4 form. Took them 3 months to fix it but they eventually had to give me back pay.

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Just want to add something as someone who's been in the industry for 15+ years - start keeping a tip diary NOW. The IRS actually accepts a daily log as valid documentation. Even a simple note in your phone at the end of each shift with the date and amount will save you tons of headaches. Also, talk to your employer. Many restaurants now have systems to help you report tips properly throughout the year. Some will even withhold extra from your hourly pay to cover the taxes if you ask them to.

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Amina Diallo

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What exactly should I be writing down? Just the total amount or do I need to break it down by credit card vs cash tips?

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Ideally you should record both your cash and credit card tips separately for each shift. Credit card tips are already tracked by the restaurant's system, but having your own record helps you verify everything's correct. For cash, just the total amount per shift is fine - you don't need to track each individual transaction. Also record the date, which shift you worked (lunch/dinner), and your total sales if possible. This helps establish the reasonableness of your reported tips if there's ever a question. Many servers use tip tracking apps now that make this super simple - just a quick entry at the end of each shift.

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Quick tip - don't forget about state taxes too! Everyone's talking about federal but depending on your state you might owe there as well. I'm in California and the state was actually more aggressive than the feds about collecting on my unreported tips.

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Omar Farouk

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This is so true. I'm in New York and the state department of taxation came after me even though I'd settled things with the IRS. They have their own penalty structures too.

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To answer your original question - yes, FreeTaxUSA will handle your situation just fine. I've used it for the past 3 tax seasons with similar income sources (W-2, 1099, and investment accounts). The step-by-step process is pretty thorough, and they cover all the major tax forms and schedules. One tip: before you start, gather all your documents and organize them. FreeTaxUSA doesn't have all the fancy import features that TurboTax advertises, but honestly I find manually entering the data makes me more aware of what's actually happening with my taxes.

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Thanks! Do you know if they have a "review" feature that checks for potential mistakes or missed deductions before filing? That's one thing I did like about TurboTax.

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Yes, they absolutely have a review feature! It runs through everything before you file and flags potential issues or missed opportunities. It's actually pretty thorough - last year it caught that I hadn't entered a 1099-INT from a small savings account I had forgotten about. They also have a "maximize refund" pledge similar to other tax services, so they're incentivized to help you find all eligible deductions and credits.

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Noah Irving

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Just be aware that FreeTaxUSA doesn't support certain complex situations very well. If you have multi-state filings or foreign income, you might want to look elsewhere. But for your situation with a W-2, some freelance income, and retirement contributions, it'll work perfectly fine.

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Can confirm this limitation. I tried using it when I moved mid-year between states and it was confusing. Ended up using a different service for that year, but went back to FreeTaxUSA the next year when my situation was simpler.

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Lindsey Fry

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Everyone's making this so complicated. The easy solution: file as "Married Filing Separately" and write "NRA" (Non-Resident Alien) where it asks for your spouse's SSN. You don't need an ITIN for your spouse unless they had US income or you're trying to claim certain credits. I've been doing this for years with my wife in Thailand. Most tax software can handle it, but you might need to override some error messages that pop up about missing SSNs. H&R Block's software has worked fine for me.

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Max Reyes

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Thanks for this straightforward advice! Do you have to attach any special forms or documentation when you write "NRA" for your spouse? I'm worried about my return getting flagged for review if I just write that in.

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Lindsey Fry

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No special forms needed when filing separately with an NRA spouse! The IRS is completely familiar with this situation. Just write "NRA" in the space for the SSN and proceed normally. I've been doing it for 7 years and never had a return flagged or questioned. The only time you need additional forms is if you're claiming your spouse as a dependent (which you generally can't), filing jointly (which requires an ITIN and a special election), or if your spouse had US income. For a simple MFS with an NRA spouse with no US ties, it's very straightforward.

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Watch out for the "innocent spouse" rules if you're separated but still legally married. Since you're responsible for any tax issues on a joint return, filing separately is probably safest in your situation, especially if you don't have much contact with your spouse or visibility into his foreign income. Also, if you ever plan to divorce, consider how filing status might affect that process. Tax filings can sometimes be used as evidence in divorce proceedings regarding financial separation.

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Kayla Morgan

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This is really important advice! My friend got stuck with a huge tax bill because her estranged husband in Germany had unreported income when they filed jointly. The IRS came after her even though she had no idea about his finances!

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