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Former retail manager here. The sales tax issue is complicated because it varies by state and even by item category in some places. In our store, our system could only process full tax refunds with the original receipt because that contained the transaction code that linked to the exact tax filing information. For gift returns, we actually had a policy to give store credit for the full amount INCLUDING tax, but as a courtesy gesture rather than an actual tax refund in the system. Many larger corporate retailers have stricter accounting systems that don't allow for this workaround. My advice is to always ask to speak with a manager and specifically mention that you understand the tax has already been paid to the state, but you're hoping they can make an accommodation for the full amount as a customer service gesture. Works about 50% of the time in my experience.
Does this vary by state though? I've heard some states actually require the tax to be refunded no matter what, while others leave it up to the store policy?
Yes, it absolutely varies by state. Some states like California have specific regulations requiring retailers to refund sales tax on returned items even with gift receipts, as long as the return meets the store's normal return policy timeframe. Other states leave it up to the retailer's discretion. The complexity increases with online purchases being returned to physical stores, or items purchased in one state being returned in another. The tax jurisdiction issues get very complicated, which is why many corporate retailers default to the simplest accounting approach. Local managers often have some flexibility with store credit though, even if they can't technically "refund" the tax portion through their standard return process.
Just to add another perspective - sometimes it's not worth the hassle for small amounts. I returned a $25 gift without a receipt and they kept about $1.50 in tax. I considered making a fuss but realized my time was worth more than that. For your $8 though, I'd definitely ask for a manager and politely explain that you understand it's their policy, but you're a regular customer and would appreciate if they could add the tax amount to a store credit as a one-time courtesy. Being super nice about it usually works better than demanding the money.
My two cents as someone who went through this last year: don't overcomplicate it. If you're only making a few hundred bucks per event, a single-member LLC is probably overkill, let alone a multi-member one with 10 people. Have you considered just operating as a sole proprietor and tracking your business income/expenses separately? You can still get a business bank account as a sole proprietor with just an EIN. Then you could just pay your friends as contractors or have an informal profit-sharing arrangement. The paperwork and annual fees for maintaining an LLC in most states might not be worth it for occasional parties. If you do decide to grow it into something bigger, you can always form an LLC later.
Wouldn't I still be personally liable as a sole proprietor though? That's my biggest worry - if someone gets hurt at one of our events or something else goes wrong, I don't want to risk my personal assets.
Yes, you would be personally liable as a sole proprietor - that's the main drawback. If liability protection is your primary concern, then an LLC does make sense. In that case, I'd still recommend keeping it as simple as possible with a single-member LLC unless your friends are insisting on being official partners. Make sure you get proper event insurance regardless of your business structure. Even with an LLC, if something goes wrong at an event, having good insurance is often more practically important than your business structure, especially for small businesses where people sometimes accidentally "pierce the corporate veil" by mixing personal and business finances.
Has anyone mentioned S-Corps yet? If this event business starts making decent money, you might want to look into an S-Corp election down the road. You can start as an LLC and then elect S-Corp status later. The advantage is potentially saving on self-employment taxes since you can pay yourself a reasonable salary and take the rest as distributions that aren't subject to SE tax. But it's only worth it once you're making enough profit to offset the additional paperwork and accounting costs.
I'm surprised nobody mentioned this yet - but your ex can still claim your son by filing a paper return instead of electronically. Then you'll BOTH get letters from the IRS asking for documentation to prove who has the right to claim him. The IRS will apply their tiebreaker rules: 1. They look at which parent the child lived with more nights during the year 2. If equal, then they give it to the parent with higher AGI 3. If neither of you are the parent, it goes to the person with the highest AGI So if your ex has documentation showing they were supposed to claim your son this year, you'll end up having to pay it back anyway plus potential penalties. Better to fix it now.
Wait, so even with our divorce agreement stating we each claim one kid per year, the IRS might still give both kids to whoever they lived with more? Our custody is 50/50 on paper, but they probably stayed with me slightly more nights because my ex travels for work sometimes.
The divorce agreement is a legal document between you and your ex, but the IRS follows their own rules when there's a dispute. So yes, if you had the kids more nights, the IRS might side with you and allow your claims - but that doesn't mean you're not violating your legal agreement with your ex. If you win with the IRS but your claim violates your divorce agreement, your ex can take you to family court for enforcement. The court could order you to pay your ex the difference in tax benefit or could find you in contempt. Some judges take these violations very seriously. That's why it's generally better to follow your agreement even if IRS rules might let you claim both children.
Something to consider - have you talked to your ex about this situation? I know you mentioned you don't communicate well, but maybe explain your financial hardship and offer to make it up next year by letting them claim both kids? Or perhaps work out some other arrangement to compensate them? I had a somewhat similar situation with my ex, and we managed to work out a deal where I claimed both kids one year when I really needed it, and then he got to claim both the following year. We put it in writing just to be safe. Sometimes being upfront is better than dealing with the fallout later.
This is actually really good advice. Even if you and your ex don't get along, a direct conversation might avoid a much bigger problem. Courts don't look kindly on violations of divorce agreements, especially financial ones.
As someone who works in payroll (not tax advice), here's what might be happening: Your employer may have changed their withholding tables or reclassified certain benefits from pre-tax to post-tax. This wouldn't be from the LLP structure directly, as that mainly affects how the partners/owners are taxed. Look at your pay stubs from before and after you noticed the change. Check specifically for: - Changes to health insurance premium treatment - 401k or retirement contribution differences - Shift in how bonuses are classified - Different withholding calculations Also, ask if they switched payroll providers. New payroll systems often calculate withholdings differently.
Thanks for the detailed response! I did notice our health insurance section on the paystub looks different than it did a few months ago. Do employers have to notify employees when they make these kinds of changes to how benefits are taxed?
Employers should notify employees about changes to benefit taxation, but the requirements vary by state and the type of benefit. For health insurance specifically, they should provide updated plan documents that explain the tax treatment. However, these notices are often buried in annual enrollment materials or benefit updates that employees might overlook. The best approach is to request documentation from HR about any recent changes to benefit tax treatment. Ask specifically about your health insurance premiums and whether they changed from pre-tax to post-tax deductions. If they made this change without proper notification, you might have recourse through your state's labor department depending on your location.
Hold up - we're all assuming the LLP is doing something sketch, but isn't it possible this is just about the tax law changes? I remember reading something about FICA cap increasing. Could that be what's hitting everyone's paychecks?
Good point. For 2025, the Social Security wage base (the FICA cap) increased to $168,600, up from $160,200 in 2023. This means employees earning above the previous threshold are now paying Social Security tax on a larger portion of their income.
Thanks for confirming! That makes sense. So higher earners would definitely see more coming out of their checks without any shady business practices being involved. Probably worth checking if all the affected coworkers are earning above that previous threshold.
Nathan Dell
One thing nobody has mentioned yet - make sure you're aware of the safe harbor rules for estimated taxes. If your 2023 AGI was under $150,000, you only need to pay 100% of your 2023 tax liability through withholding or estimated payments to avoid penalties for 2024. If it was over $150,000, you need to pay 110%. So depending on your situation, you might not actually need to make those estimated payments for 2024 if your 2023 tax liability was low enough and you've had sufficient withholding.
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Kelsey Chin
ā¢Thanks for mentioning this! My AGI for 2023 will be around $175,000, so I'd need to hit the 110% threshold. My concern is that I've had very little withholding for 2024 since most of my income this year is from self-employment, and I didn't make any quarterly payments yet. That's why I was hoping to use the overpayment strategy to catch up a bit.
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Nathan Dell
ā¢Based on your situation with $175,000 AGI and mostly self-employment income, you're right to be concerned about catching up on those estimated payments. The 110% safe harbor would definitely apply to you. Since you've missed the first couple of quarterly payments for 2024, you will likely face some underpayment penalties for those specific quarters. However, overpaying on your 2023 return will help minimize additional penalties going forward. Make sure to make your remaining quarterly payments for 2024 on time (September 15 and January 15) to avoid further penalties.
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Maya Jackson
I just want to clarify something I learned the hard way: even if you overpay your 2023 taxes when filing in October, that overpayment credit is technically considered applied on April 15, 2025 for your 2024 taxes. BUT this doesn't erase any underpayment penalties you might owe for missing the actual quarterly due dates. The IRS calculates underpayment penalties quarter by quarter, so if you missed the April 15 and June 15 estimated payments for 2024, you'll still owe penalties for those quarters specifically. The overpayment just helps you going forward to meet your overall 2024 tax obligation.
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Tristan Carpenter
ā¢Does anyone know exactly how much the underpayment penalty actually is? Is it worth stressing about? I'm in a similar situation and wondering if I should just pay it and move on rather than jumping through hoops.
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