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Have you looked into a sales tax service like Avalara or TaxJar? They integrate with most e-commerce platforms and handle the calculation, collection, and filing for you. They can't solve your immediate permit problem, but they make compliance much easier once you're set up. We use TaxJar for our Shopify store and it automatically adjusts the tax rates based on the delivery address. They even handle filing the returns in most states so we don't have to remember different filing frequencies and deadlines for each state.
Thanks for the suggestion! We actually do use TaxJar for calculations, but the issue is still around whether we can legally turn on collection in states where we don't have the permit yet. Seems like from what others are saying, we definitely need to wait until the permits are approved. I'll mention the filing service to my boss though - might help lighten the load once we're up and running!
That makes sense! Yes, definitely wait for the permits. One other tip - many states will give you a registration date that's earlier than the date you actually receive the permit. This is normal and means you can start collecting as soon as you get approval, even if you're "technically" registered as of an earlier date. Just make sure to keep good records in the meantime!
Just a caution from someone who learned the hard way - even if your permits are delayed, set aside the amount you'd be collecting in sales tax anyway. When you finally get approved, several states will expect you to pay the tax on sales made after you established nexus, regardless of whether you collected it from customers. I had to pay about $3,800 out of pocket because I wasn't setting money aside while waiting for permits in 3 states. Don't make my mistake!
Oof, that's rough. Which states hit you with backdated liability? I'm currently in the permit process with NY, NJ, and California.
California was the worst offender - they backdated my liability to exactly when I crossed the threshold ($500,000 in sales or 200 transactions). Illinois and Massachusetts did something similar, but they were more reasonable about waiving penalties since I registered promptly after exceeding the threshold. Just be especially careful with California - they track your sales somehow and knew almost exactly when I hit nexus!
Quick tip from someone who was in your shoes last year: be careful with the home office deduction if you're using Form 8829. While it can save you money, it has to be a space used EXCLUSIVELY for business. If you're working from your living room couch or kitchen table, it doesn't qualify. I learned this the hard way after claiming it and then reading more about the requirements. Ended up filing an amended return because I didn't want to risk an audit. But you can still deduct business percentages of internet, phone, and any supplies/equipment you buy specifically for work!
Thanks for the warning! So if I have a desk in my bedroom that I only use for work, but it's in my bedroom where I also sleep, would that area around the desk qualify? Or does the entire room have to be exclusively for business?
The space needs to be exclusively for business, not the entire room necessarily. So if you have a clearly defined area in your bedroom that's used only for work (like a desk and the surrounding area), that specific space can qualify. Take measurements of that dedicated workspace to calculate what percentage of your home it represents. You'll need to be able to prove that area is used exclusively for business if audited. Take photos of your setup, keep records of business activities conducted there, and ensure nothing personal is stored in that specific area. I recommend consulting a tax professional if you're unsure, but many people successfully claim partial room deductions.
Something nobody's mentioned yet - if you're truly self-employed and not misclassified, don't forget you can deduct half of your self-employment tax on your 1040! This is an adjustment to income, so you get this benefit even if you don't itemize deductions. Also look into setting up a SEP IRA or Solo 401k if possible. You can put away a portion of your income tax-deferred, which reduces your taxable income now. The limits are pretty generous compared to regular IRAs.
This is great advice. I started a SEP IRA when I was contracting and it made a huge difference in my tax bill. I think you can contribute something like 20% of your net earnings? Definitely worth looking into.
22 If you're just getting started and making under a few thousand dollars, consider if this actually qualifies as a business or just a hobby in the IRS's eyes. The "hobby loss rule" means you have to show profit in 3 out of 5 years to be considered a legitimate business. If it's classified as a hobby, you can't deduct expenses against other income. Just something to be aware of when deducting expenses from a side gig that's not profitable yet.
11 Wait, so if my candle making business hasn't been profitable yet, I can't deduct ANY of my expenses?? I've spent like $2000 on supplies and only made like $800 in sales so far this year.
22 That's not exactly right. You CAN deduct expenses even if you're not profitable yet. The hobby loss rule doesn't kick in immediately - it's more of a guideline the IRS uses after several years of losses. The key is demonstrating that you have a profit motive and operate in a businesslike manner, even while you're in the startup phase. Keep good records, have a separate business bank account, develop a business plan, market your products, and maintain professional practices. These all help show it's a legitimate business attempt, not just a hobby.
2 Quick tip: if you're selling handmade items, don't forget to deduct the cost of your time as labor when pricing your products! It's not a tax deduction but it's important for making your business actually profitable.
16 That's not actually how tax deductions work for sole proprietors. You can't "deduct" the value of your own labor - you can only deduct actual expenses paid. Though I agree it's important for pricing products correctly!
Have you considered filing Form 843 (Claim for Refund and Request for Abatement)? Since this was clearly your CPA's error and not your intentional wrongdoing, you might qualify for abatement of penalties and interest. You should gather all evidence showing the CPA's mistake - emails, the original tax documents you provided them, proof of the actual withholding amounts, etc. Also, get a statement from your CPA acknowledging the error if possible. While this won't eliminate the base tax amount, it could significantly reduce the penalties and interest that have accrued over the years.
Would Form 843 work even though the mistake is from a few years ago? And should I hire a different CPA to handle this or try to do it myself?
Yes, Form 843 can still be filed for the tax year in question even though it's from a few years ago. The statute of limitations for filing a claim for refund or abatement is generally three years from the date the return was filed or two years from the date the tax was paid, whichever is later. Since you're just now discovering this issue, you should still be within that timeframe. I would strongly recommend hiring a different tax professional to handle this rather than trying to do it yourself. Look for an Enrolled Agent or CPA who specializes in tax resolution or IRS representation. They'll know exactly how to present your case for maximum chance of success and can handle all communications with the IRS on your behalf. Given the significant amount at stake ($32,000), professional assistance is definitely worth the investment.
Your original CPA should be held responsible for this! I'm not sure if you're aware, but CPAs carry professional liability insurance (errors and omissions insurance) specifically for situations like this. If they made a clear error that resulted in a $32k tax bill, their insurance should cover it. Contact the CPA first and explain the situation - most will want to correct their mistake. If they're not responsive, you can file a complaint with your state's board of accountancy and potentially pursue legal action. Document everything, including any communications with the CPA about the error.
This is the real answer. My dad's accountant made a similar mistake and ended up paying the entire bill including penalties because it was 100% their error. Don't just accept this as your problem to fix!
Liam O'Connor
Have you tried contacting the Taxpayer Advocate Service? They're an independent organization within the IRS that helps taxpayers resolve problems. This seems like exactly the kind of situation they'd be able to help with - especially since your CPA filed an amendment without your approval.
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Ethan Moore
ā¢I hadn't thought of the Taxpayer Advocate Service. Do you know how I would contact them or if there's a long wait time to get help? My CPA hasn't mentioned this as an option.
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Liam O'Connor
ā¢You can call them directly at 877-777-4778 or find your local office through the IRS website. Wait times vary depending on the time of year - right now during tax season they're busier than usual, but still worth contacting. Start by explaining that your CPA filed an amended return without your authorization before your original refund was processed. Be sure to mention the significant amount of money involved ($13,500) as they prioritize cases involving financial hardship. They may not be able to speed up processing dramatically, but they can often give you accurate information about what's happening with your return and make sure it doesn't fall through the cracks.
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Amara Adeyemi
Your CPA messed up twice - first with the incorrect SEP deduction and then by filing an amendment without your approval. I'd seriously consider finding a new tax professional next year...
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Giovanni Gallo
ā¢100% agree. A CPA should NEVER file anything without your signature/approval. That's a major red flag and possibly against professional ethics standards. I'd report them to your state's board of accountancy.
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