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Another option worth considering is donating the stock to charity if it's not worth much to you. This way you: 1) Get rid of the annual 1099-DIV 2) May get a tax deduction for the charitable contribution 3) Avoid capital gains tax completely 4) Help a cause you care about Most established charities have simple processes for accepting stock donations. Just call them and they'll walk you through it!
Would this work even if the stock is only worth like $200? Seems like a lot of hassle for the charity for such a small amount. And how do you claim the deduction - is it complicated to do on your taxes?
Yes, it works even for smaller amounts! Many charities are set up to handle stock donations of all sizes. While some very small local organizations might not have the infrastructure, most medium to large charities definitely do. For claiming the deduction, it's straightforward if you itemize deductions on Schedule A. You'll get a receipt from the charity showing the donation value (usually the market value on the transfer date). If the stock is worth more than $500, you'll also need to fill out Form 8283, but the form isn't particularly complicated. For very small donations, make sure the tax benefit of itemizing would exceed the standard deduction, otherwise there's no additional tax advantage.
I went through this last year! Found out my shares were with Computershare (they handle a lot of these direct stock plans). I called them, verified my identity, and just told them I wanted to sell. They sent me a form, I signed it and sent it back, and got a check about 2 weeks later. Easy peasy. Just make sure to keep the statement showing how much you sold it for - you'll need that for next year's taxes. But trust me, dealing with a one-time sale is WAY simpler than getting those 1099-DIVs every year for tiny amounts.
To answer your original question specifically: Yes, your Schedule C loss will offset your W-2 income. The IRS calls this a "net operating loss" and it flows through to your 1040. Since you built the computer piece by piece, the simplest approach is to treat the entire build as a single business asset. Just make sure you're tracking business vs. personal use carefully. If you use it 80% for business and 20% for personal, you can only deduct 80% of the costs.
Thanks, this is exactly what I needed to know! For tracking business vs personal use, would a simple log be sufficient or do I need something more formal? I probably use it about 85% for the Amazon business and 15% for personal browsing.
A simple log would work fine, but be consistent with it. I recommend creating a spreadsheet where you track hours of use and categorize them as business or personal. Do this for a representative time period (at least a few weeks) to establish your usage pattern. The key is having something contemporaneous - meaning you're tracking it as you go, not trying to recreate it later if you get audited. Also take screenshots of your work on the computer for the business as additional evidence. The IRS is particularly interested in seeing that high-cost assets claimed as business expenses are actually being used for business purposes.
Just a heads up - if you show losses for multiple years in a row, the IRS might classify your business as a hobby, which would mean you couldn't use the losses to offset your W-2 income. Make sure you can demonstrate that you're running this with the intent to make a profit.
4 You might want to look into claiming this as a business bad debt on Form 8949. I'm not an accountant, but I had to write off some unpaid invoices a couple years ago. The key distinction is whether you provided services (which it sounds like you did) or if you loaned money. Different rules apply to each situation.
12 Thanks for the suggestion! Would I need any special documentation to prove I actually tried to collect the debt? I have the original contract, all my invoices, and email threads showing I tried to get paid multiple times.
4 Yes, documentation is critical. Keep your original contract, all invoices sent, and especially any communications showing you attempted to collect payment. Also document how you determined the company was bankrupt and the debt uncollectible - like news articles about their shutdown, bankruptcy filings, or bounced emails to company addresses. Form 8949 is typically used for capital losses, but business bad debts can sometimes be reported as short-term capital losses. However, this really depends on your specific situation and whether you're using cash or accrual accounting.
16 Wait, wouldn't this qualify as a 1099 situation? If they paid you $7,200, they should have sent you a 1099-NEC if it was over $600. Did you receive that form? Cause that affects how you report this whole thing.
3 Good point! They definitely should have issued a 1099-NEC for payments over $600. If they didn't, you should still report the income you actually received, but that missing 1099 might be another sign the company wasn't following proper business practices.
For your S-corp situation, don't forget you might still be able to set up and fund a SEP IRA for 2022 if you didn't already max out other retirement contributions. The deadline for SEP IRA creation and funding is your tax filing deadline including extensions, so you should still have time. You could contribute up to 25% of your net self-employment income (with some calculation adjustments) or $61,000 for 2022, whichever is less. Might be worth looking into if you have the cash flow and want to reduce your 2022 tax bill!
That's really helpful! Do you know if I can have both a Solo 401k and a SEP IRA for the same business? And does the contribution limit apply across both plans or separately?
You can have both types of plans, but the contribution limits overlap - they're not separate. The total combined employer contributions across all defined contribution plans (401k, SEP IRA, etc.) can't exceed the annual limit ($61,000 for 2022 or $67,500 if you're eligible for catch-up contributions). If you've already made employer contributions to your Solo 401k for 2022, you'd need to subtract those from the maximum SEP IRA contribution you could make. It gets complicated quickly, which is why having a tax pro run the numbers is usually worth it. The key advantage is that you can still set up and fund a SEP IRA now for 2022, whereas the Solo 401k needed to be established by Dec 31, 2022.
Has anyone switched from an S-corp to a C-corp for better retirement options? My accountant suggested I might be better off switching my entity type next year.
I did this last year. C-corps have some advantages for retirement planning (like the ability to create defined benefit plans with much higher contribution limits), but the tax situation gets WAY more complicated. You're looking at potential double taxation issues that can offset the retirement benefits.
Miguel Castro
Another angle to consider - check if you received any cash in lieu of fractional shares during the conversion. Sometimes during these acquisitions, if the conversion ratio doesn't result in whole shares, you'll get cash for the fractional parts, and THAT portion IS taxable. For example, if the conversion was 1.25 ORCL shares for each CERN share, and you had 10 CERN shares, you'd get 12 ORCL shares plus cash for the 0.5 share. Check your Morgan Stanley statements carefully to see if this might be what the IRS is actually flagging.
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Amara Adebayo
ā¢Good point! I just double-checked my statements and there was actually a small cash payment of $37.42 for a fractional share. But the CP2000 is claiming I owe taxes on the entire value of all converted shares, not just this tiny cash amount. Could this small cash payout be why the entire transaction got flagged?
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Miguel Castro
ā¢Yes, that's exactly what probably happened! The cash-in-lieu payment triggered a report to the IRS, but then the entire transaction got mischaracterized. This is super common. Your response to the CP2000 should acknowledge this small taxable amount (the $37.42) but explain that the remainder of the transaction was a tax-free reorganization. Include your Morgan Stanley statements showing both the share conversion and the small cash payment. The IRS should adjust their proposed assessment to only tax the cash portion, which would be a much smaller amount than what they're currently claiming.
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Zainab Ibrahim
Make sure you keep records of your original cost basis for those CERN shares! Even though the conversion itself isn't taxable, you'll need that information when you eventually sell the ORCL shares. Your basis carries over from the CERN shares. I made this mistake during a similar situation and had a nightmare trying to calculate my gains when I sold years later. Morgan Stanley should have this info, but in my experience, it sometimes gets lost in these conversions.
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Connor O'Neill
ā¢This is such a good point. I went through an acquisition with Exxon back in 2019 and completely lost track of my original basis. Had to pay an accountant $500 to reconstruct everything when I sold some shares last year. Save yourself the headache!
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