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How to properly calculate COGS for a service-based LLC Partnership when Partners don't take wages

I'm trying to wrap my head around tax filing for our service-based LLC Partnership (just me and my spouse) but honestly feel a bit lost. We might end up hiring a CPA but I'm determined to at least try filing myself before the extension deadline runs out. Our LLC provides creative consulting services - basically we charge a monthly retainer fee for creative direction and development to our main client. We haven't been taking actual wages, just planned to take distributions from the LLC to pay ourselves. Here's where I'm confused... I'm using TaxSlayer for our partnership return and it's asking about Cost of Goods Sold. When I looked into it, there's something about estimating "a reasonable value for labor the partners performed" in providing services. The math is throwing me off. If we received $140,000 in service fees, had around $12,000 in business expenses, and then estimated our own labor value at $90,000 for COGS, that would leave just $38,000 in gross profit. Does that mean the partners only pay income tax on the $38,000? But we'd potentially distribute $128,000 to ourselves ($140k minus $12k expenses). Surely we're taxed on the full $128,000 we'd distribute and not just the $38,000 after deducting our own labor "cost"? That seems like a massive tax advantage that can't be right. I keep reading that partners pay tax on the partnership's profits, and distributions aren't taxed separately since they're just transfers of those already-taxed profits. But I'm completely confused about how this COGS thing works for a service business. Please help me understand what I'm missing!

Amina Sy

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Just to add some clarity on the partnership tax structure - partners can take money from the business in two ways: 1. Guaranteed payments - these are like regular payments for services rendered regardless of partnership profits. They're deductible by the partnership but still subject to self-employment tax for the partner receiving them. 2. Distributions - these are distributions of profit and aren't deductible by the partnership. They've already been taxed as income flowing through to your personal return. The confusion often happens because people want to "pay themselves" but don't understand the tax treatment. You can't deduct partner labor as COGS, but you can structure guaranteed payments if you want to create more of a salary-like arrangement.

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I'm confused about the guaranteed payments part. If we do guaranteed payments instead of distributions, don't we end up paying MORE in taxes because of the self-employment tax? Or is there some advantage I'm missing?

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Amina Sy

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You're right about potentially paying more in taxes with guaranteed payments due to self-employment tax. However, there are situations where guaranteed payments make sense: When you need consistent income regardless of profitability (similar to a salary), guaranteed payments provide that predictability. They're also useful when partners contribute significantly different levels of work - you can compensate for work through guaranteed payments while maintaining equal ownership through distributions. Some partnerships use a combination approach: modest guaranteed payments for actual work performed, then distributions for the remaining profits. This balances the need for regular income with tax efficiency. The right structure depends on your specific situation, including cash flow needs, relative contributions of partners, and other tax considerations unique to your circumstances.

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Heres a simple example that might help make things clearer: Let's say your service LLC makes $200k revenue with $50k in legit business expenses (rent, software, travel, etc). That leaves $150k in profit. That $150k flows through to you and your spouse's personal tax returns based on ownership %. You cant deduct some made-up "value of partner labor" from this. If you want to take $120k out of the business, you just take $120k in distributions. The distributions arent separately taxed bc you already are taxed on the full $150k profit whether you take it out or leave it in the business. Does that help? Your tax software is probably just confusing you because its trying to handle both product and service businesses with the same screens.

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I think everyone's overcomplicating this. COGS is for when you're selling STUFF not SERVICES. If your making furniture or selling t-shirts you have COGS. If your just providing creative work its not COGS, its just business income.

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Liam Cortez

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Don't forget about state taxes on your capital gains! Everyone always focuses on federal but depending on your state, you might owe state taxes too. I'm in California and was surprised by how much extra I had to pay on my stock sales last year.

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Lauren Wood

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Good point - I'm in Minnesota. Does anyone know how MN handles capital gains taxes? Are they taxed differently than regular income at the state level?

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Liam Cortez

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Minnesota taxes capital gains as regular income, unlike the federal government which gives preferential rates to long-term gains. So you'll pay your normal Minnesota income tax rate on all your capital gains regardless of how long you held the investments. Minnesota's income tax rates range from 5.35% to 9.85% depending on your income bracket. Given your regular 22% federal bracket, you're probably looking at the middle Minnesota brackets (6.8% or 7.85%). There's no separate capital gains rate structure at the state level.

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Savannah Vin

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Some advice: if you know you're going to sell stocks soon, look at your overall tax situation first. I sold some stocks in December thinking I was being smart, but it pushed me into a higher tax bracket and I ended up paying way more than if I'd waited till January.

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Mason Stone

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This is super important! Tax-loss harvesting saved me thousands last year. If you have any investments at a loss, you might want to sell those at the same time to offset some of your gains.

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Savannah Vin

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That's a great point about tax-loss harvesting. Just remember the IRS limits capital loss deductions against ordinary income to $3,000 per year. However, you can use capital losses to offset unlimited capital gains. Any unused losses can be carried forward to future tax years.

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One thing nobody's mentioned - make sure you're using the CORRECT 2020 tax forms! Don't just download current forms from the IRS website. You need the actual 2020 versions since tax laws change every year. You can find prior year forms here: https://www.irs.gov/forms-instructions (just search for the form number and select 2020 from the dropdown).

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Evelyn Xu

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Thanks for mentioning this! I almost made that exact mistake. Do you know if tax software like TurboTax or H&R Block still offer access to prepare 2020 returns or am I stuck doing the paper forms at this point?

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Most tax software still allows you to prepare 2020 returns, but you'll likely need to purchase their software rather than using their free online versions which typically only support the current tax year plus maybe one year back. TurboTax, H&R Block, and TaxAct all offer desktop or downloadable software for prior years. However, you'll still need to print and mail the return - electronic filing is generally not available for returns from 2020 at this point in 2024.

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Don't forget that if you're filing a 2020 return now, any stimulus payments you received for that tax year need to be accounted for correctly on the return! The first two stimulus payments were tied to 2020 taxes (the $1,200 CARES Act payment and the $600 December 2020 payment). If you didn't receive these payments back then, you can claim them as the Recovery Rebate Credit on your 2020 return. But if you did receive them, you need to indicate that so you don't accidentally claim them again.

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Oscar Murphy

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This is important! I messed this up on my late-filed return and it delayed my processing by months because the IRS had to manually review and adjust it.

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Don't overlook the Tax Institute's student guides! They were a lifesaver for me last year. They're written in much more straightforward language than the bigger textbooks and focus on practical applications. Still a bit pricey but worth every cent imo.

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Madison King

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Are the Tax Institute guides updated every year? My main concern is spending money on resources that might become outdated with tax law changes.

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Yes, they update them annually to reflect the latest tax legislation and rulings. That's actually one of their big selling points - you're getting the most current information, which is crucial in tax accounting where rules change frequently. The recent editions include all the changes from the last federal budget and recent ATO interpretations. Even if you buy last year's edition at a discount, the core concepts remain valid, but for specifics like rates and thresholds, you'd want the current version.

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Aiden Chen

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Whatever book you get, supplement it with PwC's tax summaries - they're free online and way more readable than most textbooks. Helped me get thru my taxation subjects without losing my mind lol

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Zoey Bianchi

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I second this! PwC's summaries are gold. Also check out the free CCH IntelliConnect resources if your uni library subscribes - saved me heaps of $$ on books.

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Another option besides what others mentioned: check if your employer reported your wages electronically to the Social Security Administration. You can create an account on ssa.gov and view your detailed earnings record. This won't have your withholding info, but it will show what wages were reported under your SSN. Also, if you have your final paystub of the year (the last one from December), it should have your year-to-date totals which will give you everything except for what you earned in January. For the unpaid wages, definitely file a complaint with your state labor board. In most states, you can get penalties added on top of your unpaid wages if they don't pay you within a certain timeframe after termination.

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I just checked the SSA site like you suggested and was able to create an account! You're right, I can see my earnings there, though it only shows quarterly totals not the withholding info. Super helpful for figuring out what I made before January though! One more question - if I file using Form 4852 with my best estimates and later receive my actual W-2, do I need to amend my return?

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Yes, if you receive your W-2 after filing with Form 4852 and notice any significant differences between your estimates and the actual W-2 amounts, you should file an amended return using Form 1040-X. However, if the differences are very small and don't affect your tax liability, the IRS generally doesn't require an amendment. The good news is that most employers electronically report W-2 information to the IRS, so even if you don't have the physical form, the IRS likely has your wage and withholding information in their system. This is why it's so helpful to speak with them directly about your situation.

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I used to work in payroll, and just wanted to add - definitely check your last paystub from December because it should have your year-to-date totals for everything (earnings, federal withholding, state withholding, etc). That covers everything except your January earnings. For January, if you got paid via direct deposit, your bank statement will show exactly what you received. Then you just need to figure out the withholding for those January payments. Most payroll systems use the same withholding percentages unless you changed your W-4. So if your federal withholding was consistently 15% of your gross pay, you can apply that same percentage to your January earnings to estimate January's withholding.

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This is good advice but just be careful with the January estimate. Tax withholding often changes at the beginning of a new year because of FICA limits and tax table changes. So your January withholding percentages might be slightly different than December.

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