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Have you checked if you're eligible for the Earned Income Tax Credit? If your income is around $38,500 you might qualify depending on your exact situation. That could help offset some of what you owe. Also, make sure you're taking the standard deduction which is $13,850 for single filers this year.
Thanks for the suggestion! I don't think I qualify for EITC since I don't have kids and my income is a bit too high for a single person. I am taking the standard deduction though. It sounds like my real issue is the self-employment taxes on that gig income that I didn't plan for. Lesson learned for next year - I'll be setting aside money each month from my gig work.
Anyone else notice that the tax software companies make it really easy to miss deductions for self-employed people? I swear they hide that stuff on purpose unless you pay for their premium versions. I switched to FreeTaxUSA last year and found so many more deductions than TurboTax showed me.
Completely agree! TurboTax kept trying to upsell me to their $120 version to "maximize self-employment deductions." FreeTaxUSA found all the same stuff for like $15. And their interface actually explains things better too.
That's good to know! I felt like I was taking crazy pills when I switched and suddenly found all these deductions TurboTax never mentioned. Their basic version is practically useless for anyone with slightly complicated taxes. FreeTaxUSA actually walks you through the self-employment section with helpful explanations instead of dangling premium features in front of you constantly.
To add something that hasn't been mentioned yet - you should also check state tax requirements for both your abandoned Delaware LLC and your new New Mexico LLC. Even if you never conducted business in Delaware, some states require filing annual reports and tax returns just for having an LLC registered there. For your New Mexico LLC, you'll need to make sure you're properly registered for state taxes there too. If you're using the same EIN, be extra careful that you're not accidentally creating nexus in both states, which could subject you to taxation in both places. Also, as a foreign owner, don't forget about potential FBAR and FATCA requirements depending on your specific situation. Those have separate, equally harsh penalties for non-compliance.
Thanks for bringing this up. I did pay the Delaware annual franchise tax for 2023, but then stopped when I abandoned the LLC. Should I have formally dissolved it with the state? As for New Mexico, I've registered for gross receipts tax but didn't think about how using the same EIN might create confusion. Would filing state tax returns in NM using the same EIN potentially trigger Delaware to think I'm still active there?
Yes, you should have formally dissolved your Delaware LLC by filing a Certificate of Cancellation with the Delaware Division of Corporations. Without formal dissolution, Delaware will continue to consider your entity active and may assess annual franchise taxes and penalties for failure to file. For New Mexico, using the same EIN shouldn't automatically trigger issues with Delaware, as they're separate state systems. However, for clarity in your records and to prevent future confusion, I strongly recommend formally dissolving the Delaware entity. It typically costs around $200 to file the dissolution paperwork, which is much cheaper than continued annual fees or potential penalties. The good news is that most states allow late dissolutions, so you can still properly close the Delaware LLC even though it's been a while since you abandoned it. This clean break will help you avoid any state tax complications while you focus on resolving the federal filing requirements we discussed earlier.
Just wanted to share what I learned from my tax attorney about this specific situation, as I went through something nearly identical. The key is understanding the distinction between: 1) Your actual legal entities (the Delaware LLC and the New Mexico LLC), which are separate under state law 2) How the IRS classifies and tracks these entities for federal tax purposes For the IRS, since you're a foreign owner of a single-member LLC, your entities are considered "foreign-owned disregarded entities" that have special reporting requirements. The IRS cares less about which state they're in and more about tracking you as the foreign owner. Using the same EIN is correct in your situation, but you ABSOLUTELY need to file those 5472 forms for any years your Delaware LLC existed. The penalties are insane - $25,000 per form per year - and they've been actively enforcing them since 2018.
Is there a way to check if the IRS has already assessed penalties for the unfiled 5472 forms? I'm worried they might have been sending notices to my old address.
One thing nobody mentioned yet - if you're considering an Offer in Compromise through the Fresh Start Program, be prepared for a VERY thorough financial investigation. They want bank statements, pay stubs, bills, asset values - basically your entire financial life laid bare. I went through this last year and while it was worth it (settled $32k in taxes for about $8k), it was also stressful and invasive. Just be prepared for that level of scrutiny if you go that route.
Did you use a tax professional to help with your Offer in Compromise or did you handle it yourself? I'm wondering if it's something I can navigate on my own or if I should budget for professional help.
I started the process myself but ended up hiring a tax resolution specialist about halfway through. The forms themselves aren't super complicated, but determining the right offer amount is tricky. The IRS rejected my first submission because I miscalculated my "reasonable collection potential." The professional helped me resubmit with the correct calculations and stronger documentation of my hardships. It cost me about $1,500 for their help, which felt worth it since they got my offer accepted. If your situation is straightforward you might be able to do it yourself, but having someone who knows what the IRS is looking for definitely improved my chances.
Don't forget that the Fresh Start Program also increased the tax lien threshold! The IRS won't file a Notice of Federal Tax Lien unless you owe more than $10,000 now (used to be much lower). That might help with your goal of buying a house eventually since tax liens can really mess with your ability to get financing.
One thing nobody's mentioned yet - make sure you understand the timing requirements for S-Corp election. You need to file Form 2553 within 2 months and 15 days of the beginning of the tax year you want the election to take effect. If you miss that window, you're generally stuck waiting until next year (though there are some late election relief options). Also, keep in mind that an S-Corp must have a calendar year end (Dec 31). And once you start having the company pay your LLC, you'll need to keep clean books, potentially open a separate business bank account, and make sure you're segregating business and personal expenses.
That's super helpful info about the timing! So if I want this for 2025 tax year, I'd need to file the S-Corp election by March 15, 2025? What if I form the LLC now in 2024 - does that change anything with the timing?
If you form your LLC now in 2024 but want the S-Corp election to take effect for the 2025 tax year, you would need to file Form 2553 by March 15, 2025. If you plan to operate the LLC for the remainder of 2024 before the S-Corp election kicks in, your LLC would be taxed as either a sole proprietorship (single-member LLC) or partnership (multi-member LLC) by default for 2024, and then as an S-Corp starting January 1, 2025. During that interim period before the S-Corp election takes effect, you'd still be subject to self-employment tax on all profits. Many people form their LLC in Q4 of the year and then immediately file the S-Corp election for the upcoming year to minimize this interim period.
Has anyone considered the other costs involved with S-Corps? I'm looking at this same transition and discovered: 1. State franchise tax in my state (CA) is $800 minimum per year just to have an LLC 2. I need a registered agent ($100-300/yr) 3. Payroll service fees ($40-60/month) 4. Accountant fees for S-Corp tax return (~$1000+) 5. Bookkeeping software ($25+/month) Plus the hassle of running payroll, maintaining corporate minutes, etc. Seems like you need to be making good money for this to be worth it.
I'm in TX and we don't have the state franchise tax, so that saves a lot! My accountant says the breakeven point is around $60-70k in profit - below that and the administrative costs eat up the SE tax savings. Above $100k is where you really start seeing the benefits.
Paolo Esposito
One thing to watch out for with California - they're pretty aggressive about maintaining that you're still a resident even after you've moved. Make sure you have clear documentation that you've actually established domicile in Michigan: - Michigan driver's license - Voter registration in Michigan - Michigan car registration - Closing California bank accounts or changing primary address - Changing your address on all official documents California has been known to audit people who move to lower-tax states, especially if you still have significant connections to California. Good luck!
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StormChaser
ā¢Thanks for mentioning this! I've already gotten my Michigan driver's license, registered to vote, and changed my car registration. I kept my California bank account open though since they have locations in Michigan too. Should I still consider closing it to be safe?
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Paolo Esposito
ā¢You don't necessarily need to close the California bank account, but definitely make sure you've changed the primary address on the account to your Michigan address. Having a CA bank account with a CA address could be one factor they look at. The most important things are already done - driver's license, voter registration, and vehicle registration show your intent to permanently reside in Michigan. Also make sure your employer has your Michigan address for your W-2, and that any investment accounts are updated with your new address.
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Amina Toure
I moved from Oregon to Texas last year and missed a big issue with my bank interest - I didn't realize I needed to prorate it between states on my part-year resident returns! Ended up having to file an amended return. One tip: If you use tax software, make sure it supports multi-state returns properly. Some of the free options don't handle part-year residency well. I ended up using TaxAct which was pretty good for my situation.
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Oliver Weber
ā¢TurboTax Premium worked great for my CA to WA move. It walked me through allocating income between states and explained which income belongs where. It costs more than the basic version but worth it for multi-state situations.
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