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Just to add something that hasn't been mentioned yet - be careful with what some "business gurus" say about creating losses just to reduce taxes. While maximizing legitimate deductions is smart, manufacturing fake expenses or artificially inflating real ones is tax fraud. When he talks about showing "cost/loss of income" to "owe less and get back more," be careful. What's legal is timing your legitimate expenses strategically - like buying that new embroidery machine in December instead of January if you need the deduction this year. What's not legal is making up expenses or claiming personal costs as business expenses. Remember, the goal of a business is to make profit! Paying some tax on profit is better than having no profit at all.
Thanks for this clarification - that makes a lot of sense. I think what I was trying to understand is more about the timing of purchases and legitimate ways to reinvest in the business. Definitely not looking to do anything sketchy or illegal! So for example, if I'm planning to buy that embroidery machine anyway, buying it in December vs January could make a tax difference?
Exactly right! That's legitimate tax planning. If you're going to buy that $5,500 embroidery machine anyway, and you've had a profitable year, purchasing in December lets you deduct it from this year's income (assuming you place it in service before year-end). Remember too that reinvesting profits in your business (buying new equipment, upgrading systems, purchasing inventory) naturally reduces your taxable income because these are legitimate expenses or depreciable assets. This is the legal and proper way to "reduce" taxable income - by growing your business with real expenses, not manufacturing fake ones.
Quick tip from someone with an embroidery business: keep VERY detailed records of your thread usage by client/project. I got audited last year and they questioned my thread deductions because I didn't have good documentation of how much was used for business vs. personal projects. Same with fabric - if you use similar materials for personal and business purposes, make sure you have a system to track what's what!
Just wanted to add something that hasn't been mentioned yet - make sure you understand the source of the funds your mom is gifting you. If the money came solely from her separate property (like an inheritance she received or assets she owned before marriage), it might be treated differently than community property despite being in a community property country. In my experience with Spanish community property laws specifically, there are exceptions to what's considered community property. If this money is definitely your mom's separate property under local law, you might still need to file Form 3520 regardless of your dad's US status.
That's a really good point I hadn't considered. The money is actually from an inheritance my mom received from her parents last year. Does that change things even though they live in a community property country? Would the entire amount be considered a foreign gift in that case?
Yes, that definitely changes things. Inheritances in Spain (and most community property jurisdictions) typically remain the separate property of the spouse who received them, not community property. Since this money came from your mom's inheritance and would be considered her separate property under Spanish law, the entire gift would likely be treated as coming from a foreign person. However, since you mentioned the gift is around $75,000, you're still under the $100,000 reporting threshold for gifts from foreign individuals for the 2025 tax year. So you likely wouldn't need to file Form 3520 based on the amount, even though the entire gift would be considered from your non-US mother.
Has anyone actually gotten penalized for NOT filing a F3520 in similar circumstances? I'm in a similar situation and my tax guy says the penalty is like $10k minimum which seems insane for just missing a form when no actual tax is owed???
Yes, the penalties are brutal. My cousin got hit with a $10,000 penalty for not filing F3520 for a gift from his grandmother in Portugal. He had no idea he needed to file it since no tax was due. He spent almost $5k in accountant and attorney fees fighting it and eventually got it reduced, but it was a nightmare. Don't risk it!
Something else to consider - if your LLC has elected S-Corp taxation (some partnerships do this), the rules are slightly different. The charitable contributions still pass through to shareholders, but they're not subject to self-employment tax savings like ordinary business expenses would be. Also, there are AGI limitations on charitable deductions that might affect high-income partners. For most cash donations it's 60% of AGI, but for inventory it's usually limited to 30% of AGI.
Do you know if the donations would affect the basis in our partnership interests? We've been told conflicting things.
Charitable contributions do reduce your basis in the partnership. When the partnership donates property, each partner's basis is reduced by their share of the partnership's basis in the donated property - not by the deduction amount that flows through. This basis reduction is important to track because it affects your gain/loss calculation when you eventually sell your partnership interest. If you don't properly reduce your basis, you could understate your gain (or overstate your loss) on sale, which would be a problem if audited.
Has anyone here actually used Form 8283 for business inventory donations? It seems really complicated and I'm not sure which parts apply to partnership situations.
Yes, I've done this! For partnership donations, the partnership completes Form 8283 and attaches it to the partnership return. Then each partner also attaches a copy to their individual return. Make sure you complete Section A for items valued under $5,000 and Section B for items over $5,000. Section B requires a qualified appraiser's signature, which can be a pain to arrange. Also, if any single item is worth over $500, you need a detailed description including condition and how you established fair market value.
Just to add some helpful info here - if you're filing as an independent contractor, you'll typically want to use exempt code "1" (I am exempt from backup withholding) UNLESS you've received a notice from the IRS specifically telling you that you're subject to backup withholding. Make sure you're keeping all your transaction records from the payment app too, especially since you're over 200 transactions. Even without a 1099-K, you should have an accurate record of your income for your Schedule C. Also don't forget to track your business expenses like piercing supplies, sterilization equipment, etc. to deduct against that income!
Thanks for this! Do you know if I need to do anything special to prove my income since I won't have a 1099? Should I download all my transaction history from the app as proof?
Yes, definitely download and save all your transaction history from the payment app. I recommend exporting it to a spreadsheet if that option is available, and categorizing each transaction (income vs. deposits that will be returned, etc). For tax filing purposes, you don't need to submit proof of income with your return, but you absolutely should keep those records for at least 3 years in case of an audit. Also make sure you're tracking all your business expenses with receipts - things like needles, jewelry, gloves, cleaning supplies, and even a percentage of your phone bill if you use it to schedule clients. Good record-keeping can save you a lot in taxes through legitimate business deductions.
Has anyone used TurboTax for filing as an independent contractor with payment app income? I'm wondering if it handles this situation well or if I should look at a different tax software.
Yara Khoury
Just wanted to share a quick tip that my tax accountant gave me for handling multiple jobs: you can also just have extra withholding taken from your main job. If you look at line 4(c) on your W-4, you can specify an additional amount to withhold from each paycheck. This is often easier than trying to get the withholding perfect at both jobs. For example, with your $58k main job and $17k side job, you might want about $60-75 extra withheld per biweekly paycheck from the main job. That way your second job can just withhold at the normal rate and you don't have to mess with their payroll system.
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Keisha Taylor
ā¢How did you come up with that $60-75 figure? Is there a simple calculation to determine the right extra withholding amount?
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Yara Khoury
ā¢It's a rough estimate based on the tax brackets. When you have a second job that makes about 25-30% of your main job's income (like the $17k vs $58k in this case), you're typically looking at withholding an extra 22% of the second job's income (since that income is "stacked" on top of your main income and falls into your highest marginal tax bracket). $17,000 Ć 22% = $3,740 extra tax needed per year. Divide by number of pay periods (usually 26 if biweekly) = about $144 per paycheck. But you can withhold less if your second job is already withholding something, which is why I suggested $60-75 as a starting point. The IRS Withholding Calculator will give you a more precise figure based on your specific situation.
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Paolo Longo
I'm confused about something - when I file my taxes, don't they look at the total income anyway? Like if I get W-2s from both jobs, won't it all just work out when I file even if I didn't change my withholding? I might owe money but it's not like I'm evading taxes right??
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Amina Bah
ā¢You're correct that it all gets reconciled when you file - you're not evading taxes by having multiple jobs. The issue is just that you might end up with a large tax bill instead of getting a refund. If the amount you owe is large enough (generally over $1,000), you might also face underpayment penalties from the IRS.
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