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Did I screw up my tax situation by creating an LLC for my contract work?

I recently lost my job and managed to land a contracting gig on a 1099. After overhearing some conversations about LLCs, I got curious and decided to set one up. So I formed an LLC as a sole proprietor, got my EIN, opened a business bank account, and converted my contractor agreement from a personal 1099 to an agreement with my new LLC. I had a brief chat with my accountant who told me to track all my expenses, but I'm wondering if I've made a huge mistake. Here's what's confusing me: 1. I work from home and my accountant mentioned I could deduct the percentage of my home used as a business office. Problem is, I don't have a mortgage - I rent. So how do I calculate this deduction? 2. He said I could deduct a proportional share of my internet and utilities. I'm thinking I could also include a portion of my landscaping costs, water bill, trash service, and other property expenses. 3. The part that's really freaking me out: he said quarterly I need to deduct these expenses from my income and set aside 15.3% for self-employment tax PLUS my marginal tax rate (25% married filing jointly). That's like 40% in taxes! When I was W-2, after 401k, HSA, and insurance deductions, I was paying way less than 40% in taxes. Did I totally mess up by creating this LLC? I was hoping to reduce my tax burden, not increase it! What are my options? My accountant mentioned a SEP IRA for retirement. Should I just dissolve the LLC and go back to regular 1099 work? Do I need to talk to other professionals about this?

Emily Sanjay

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One important thing nobody has mentioned is that you don't have to choose between W-2 and 1099/LLC forever. Many contractors cycle between different work arrangements. I personally keep my LLC active even during periods when I take W-2 positions because it allows me to still do side gigs under the LLC umbrella. The annual fees to maintain an LLC are typically small ($50-$300 depending on your state) compared to the liability protection and professional appearance it provides. Also, don't overlook the business expenses you can deduct that you couldn't as a W-2: professional development, conferences, software subscriptions, a portion of your cell phone, business travel, etc. These deductions often offset much of the additional self-employment tax burden.

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Olivia Harris

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That's a good point about keeping the LLC active. My state charges $125 annually to maintain it. Do you track W-2 income and LLC income separately? And how do you handle retirement contributions when you have both types of income?

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Emily Sanjay

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Yes, you absolutely need to track W-2 income and LLC income separately. I keep separate bank accounts and credit cards for business expenses to make this clean and audit-proof. For retirement contributions with both income types, it gets interesting and potentially advantageous. If your W-2 employer offers a 401k, you can max that out ($22,500 in 2023 plus catch-up if eligible), AND you can still contribute to a Solo 401k through your LLC as the "employer" portion. You can't double-dip on the employee contribution, but the employer contribution is based on your LLC profit. This lets you potentially put away significantly more for retirement than you could with just W-2 employment. Just make sure you're working with a tax professional who understands these nuances, particularly if you're juggling both types of income. These hybrid situations can be tax-advantageous but require careful documentation.

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Jordan Walker

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Honestly the biggest mistake people make with LLCs is not tracking expenses properly. Get accounting software ASAP! I use QuickBooks Self-Employed ($15/month) and it automatically categorizes most transactions and calculates my quarterly tax estimates. For retirement, a Solo 401k is WAY better than a SEP IRA in most cases because you can contribute more at lower income levels. You can put away up to $22,500 as the "employee" PLUS ~20% of your net business income as the "employer" in 2023. And don't forget about health insurance! Your health insurance premiums are deductible above the line as self-employed, which is huge.

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Natalie Adams

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Is there a cheaper alternative to QuickBooks? $15/month seems steep when I'm just starting out with a small side business.

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Make sure you're looking at ALL your tax credits too, not just EITC. With two dependents, you should be getting Child Tax Credit which is worth up to $2,000 per qualifying child. The lookback provision doesn't apply to CTC, but with your income level, you might qualify for Additional Child Tax Credit which is refundable. Also check if you qualify for the Child and Dependent Care Credit if you paid for childcare so you could work or look for work.

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Thanks for mentioning this! I didn't think about the Additional Child Tax Credit. Do you know if unemployment income counts toward eligibility for that? And does the Child and Dependent Care Credit apply if the childcare was only for part of the year (Jan-Mar before I lost my job)?

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Unemployment income does count toward eligibility for the Additional Child Tax Credit, which is good news in your case. The ACTC looks at your total income, not just earned income like the EITC does, so your unemployment benefits will help you qualify. For the Child and Dependent Care Credit, you can absolutely claim it for just part of the year. You can claim expenses you paid for childcare during the months you were working (January-March). Even though it was only a few months, every bit helps when it comes to maximizing your refund.

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Paolo Moretti

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Has anyone actually verified if this lookback provision is still available for 2023 taxes (filing in 2024)? I know it was definitely a thing during COVID, but I thought some of these special provisions expired.

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Amina Diop

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I just checked the IRS website and unfortunately I think the EITC lookback provision expired. It was specifically extended for 2021 taxes (filed in 2022) but I don't see anything about it being available for 2023 tax returns. That might explain why your refund is lower.

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I don't think anyone mentioned this, but you should also consider whether filing jointly is actually beneficial in your situation. Sometimes filing separately might give you better tax benefits, especially if your wife had little or no US income after arriving in August. Run the calculations both ways - as Married Filing Jointly (with the 6013(g) election) and as Married Filing Separately (with her filing a 1040-NR for non-residents). The results might surprise you!

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This is good advice. What about state taxes? Does making the federal election to treat spouse as resident mean you have to do the same for state taxes? My wife just got here in October and earned income in California for 3 months.

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Great question about state taxes. It varies by state, but most states will follow the federal filing status. However, state residency rules can be different from federal rules. For California specifically, they generally respect the federal election, but your wife would only be taxed on California-source income for the period she was physically present in the state. I'd recommend checking with the California Franchise Tax Board or running your scenario through tax software that handles state taxes well. California is particularly strict about residency and taxation, so you'll want to get this right.

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Dylan Cooper

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Has anyone considered the downside of making the Section 6013(g) election? If you make this election, your non-resident spouse has to report WORLDWIDE income on your US tax return, not just US source income. This might not be great if your spouse had significant foreign income during the part of the year before moving to the US.

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Sofia Morales

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Totally agree - my wife had a good job in Singapore for 7 months before moving here and we ended up paying more tax by filing jointly than if we'd kept her as a non-resident for that first partial year.

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Liam O'Reilly

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Just wanted to add - I'm a tax preparer who works with many international students. The 1042-S confusion is extremely common. Here's what you need to know: 1. Your investment broker probably doesn't have enough information about your specific status to correctly code these forms. They often default to the general nonresident alien classification. 2. For F-1 students, dividend and capital gains income is generally taxable (usually at 30% unless reduced by a tax treaty). 3. Don't manually alter the forms you received - that could cause problems. 4. File Form 8833 (Treaty-Based Return Position Disclosure) if you're claiming treaty benefits, or a statement explaining why you're reporting differently than your 1042-S shows if you're not claiming treaty benefits. 5. If the amounts are small like yours, the likelihood of issues is minimal even if there's a discrepancy.

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Emma Bianchi

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This is so helpful! I've been stressing about this for days. For the Form 8833, would I need to file that even if I'm NOT claiming treaty benefits and actually want to pay taxes on the income that was incorrectly marked as exempt? Also, is there any chance filing with this discrepancy could delay my refund?

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Liam O'Reilly

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If you're NOT claiming treaty benefits (meaning you want to pay tax on income that was incorrectly marked exempt), you don't need to file Form 8833. Instead, you would include a brief statement explaining that the 1042-S was issued with incorrect exemption codes and that you're properly reporting the income as taxable. As for your refund, there's a small possibility of delay if the IRS system flags the discrepancy between your reported taxable income and the exempt income reported by your broker. However, for small amounts like yours, it's unlikely to trigger a significant delay. If you include clear documentation explaining the situation, that helps minimize potential issues.

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Chloe Delgado

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Has anyone used Sprintax for this kind of situation? My university gives it to international students for free, but I'm not sure if it handles investment income correctly.

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Ava Harris

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I used Sprintax last year for my F-1 taxes with dividend income. It does handle 1042-S forms, but I found it a bit confusing for investment income specifically. It asks a lot of questions about your tax residency status and treaty eligibility. The plus side is that it knows the rules for students vs regular nonresident aliens, so it should apply the right tax treatment even if your forms are coded wrong.

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Niko Ramsey

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Hey, just a tip - make sure you check if you're being claimed as a dependent on someone else's tax return (like your parents). This affects which tax credits you can claim and how you file. Made this mistake my first time and had to amend my return!

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This is super important advice! My daughter started her first job last year and we had to figure this out. The rules are: If you're under 24 and a student, or under 19 otherwise, AND your parents provide more than half your support, they can claim you. But you need to coordinate with them before either of you file.

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Jabari-Jo

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One thing nobody's mentioned is STATE taxes! Depending on where you live, you may need to file a state return too. Some states have no income tax (TX, FL, WA, etc.) but most do. The same tax software you use for federal can usually handle state too, though sometimes there's an extra fee.

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Oh! I totally forgot about state taxes. I moved from Michigan to California for this job in August. Does that mean I need to file in both states?

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Jabari-Jo

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Yes, you'll need to file a part-year resident return for both Michigan and California since you earned income in both states during 2024. This is called filing a "part-year resident return" in each state. The good news is that tax software can handle this situation - you'll just need to indicate when you moved and which parts of your income were earned in each state. There are credits to prevent double taxation, so you won't pay taxes twice on the same income. California has some of the highest state income taxes in the country, while Michigan's rates are lower, so be prepared for that difference. The software will calculate everything correctly as long as you input your moving date and income sources accurately.

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