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Anyone else planning to amend previous returns in light of this Limited Partner Self Employment exemption ruling? My accountant says we should go back and amend the last three years, but I'm worried that would just trigger an audit.
For anyone wondering about the Limited Partner Self Employment exemption ruling, I consulted with a former IRS attorney yesterday. He believes the ruling will likely stand on appeal because it's based on a functional interpretation of the statute rather than adding new requirements. His take is that anyone who was truly a passive investor with no management role might still have grounds to exclude income from SE tax. The real targets are active participants using the LP structure primarily as a tax strategy despite material participation in the business. He suggested documenting your lack of involvement if you want to maintain the exemption - meeting minutes showing you don't participate in management decisions, time logs showing minimal hours, etc.
Don't forget about business insurance! As a contractor myself, I discovered that general liability insurance, equipment insurance, and even health insurance premiums can potentially be deducted. This saved me thousands last year. For your husband specifically in construction, he might also be able to deduct: - Professional association dues - Subscriptions to trade publications - Work gloves, boots, and specialized clothing - Temporary job site rentals (like portable toilets) - Permits and inspection fees - Subcontractor payments (if he hires help) One thing I learned the hard way: keep METICULOUS records with dates, amounts, and business purpose for everything. Take photos of receipts before they fade. The IRS loves documentation from contractors.
What about software subscriptions? I use estimating software and a scheduling app for my contracting business. Are those deductible too?
Absolutely! Software subscriptions used for your business are definitely deductible business expenses. That includes estimating software, scheduling apps, accounting programs, design software - basically any digital tools you use primarily for your contracting work. I'd also recommend tracking the subscription costs separately in your bookkeeping since they're a different category from physical supplies or equipment. This makes tax time much smoother when you're categorizing all your deductions.
Has anyone used TurboTax Self-Employed for this? I'm in a similar situation and wondering if it's worth the extra cost compared to the regular version.
I used it last year for my freelance work. It's decent and walks you through most deductions, but I still found myself Googling a lot of specific questions about what qualifies. The biggest advantage is it helps calculate the self-employment tax automatically and carries information forward to your next year's return.
To clarify on the original question - I went through this exact process last year with my single-member LLC. The confusion often happens because: 1. By default, a single-member LLC is taxed as a "disregarded entity" (essentially a sole proprietorship) 2. You can elect to be taxed as an S-Corporation WITHOUT changing your legal structure 3. This is done through Form 2553, which it sounds like you already filed 4. You DO NOT need a new EIN to make this election When you call back, specifically ask to speak with someone in the Business & Specialty Tax Line who handles S-Corporation elections. The regular customer service reps often don't understand the distinction between business structure and tax classification.
Thank you!! This is exactly what I needed to know. When you made the switch, did you have to wait for formal approval before filing your taxes as an S-Corp, or could you file that way based on having submitted the election form?
When I submitted my Form 2553, I did wait for the formal approval letter before filing my taxes as an S-Corp. However, if you've submitted the form and tax season is approaching, you have options. You can file an extension to give yourself more time to resolve this. This doesn't extend your payment deadline, but it gives you until October to file the actual returns. In the meantime, you can keep following up with the IRS about your election status. If you're confident you submitted everything correctly, you could also proceed with filing as an S-Corp, attaching a copy of your submitted Form 2553 to your return with an explanation that it's pending approval.
Quick question - does anyone know if its to late to make the S-corp election for 2024 now? I have a single member LLC to and want to do this but haven't submitted the 2553 yet.
For 2024, you needed to file Form 2553 within 2 months and 15 days of the beginning of the tax year (so by March 15, 2024 for calendar year businesses). But you can still file late with a "reasonable cause" statement explaining why you missed the deadline, and the IRS may accept it. Or you can just make the election for 2025 instead.
Thanks for the info! Guess I missed the deadline for this year. I'll probably just plan to do it for 2025 rather than trying to explain a late filing. Do you know if I should file it now for next year or wait until January?
One thing I haven't seen mentioned yet is the holding period requirements for ESPP shares. Based on your dates (acquired 6/15/2018, sold 4/12/2021), you've met the long-term holding period requirements, which is good. If you had sold within 1 year of purchase or within 2 years of the offering date (when your ESPP purchase period began), it would be considered a "disqualifying disposition" which has different tax implications. In that case, you might have had to report additional ordinary income. Since you held the shares for nearly 3 years, you've met both holding period requirements, so you should only need to worry about the cost basis adjustment everyone's talking about. Just make sure you classify it correctly as long-term capital gains on your 8949.
Thank you for bringing that up! I was worried about the holding period but wasn't sure what the requirements were. It's good to know I'm in the clear for long-term capital gains treatment. Question: Does the adjusted cost basis calculation change at all based on meeting the holding period requirements? Or is it still just adding back the ESPP discount amount that was already included in my W-2?
The adjusted cost basis calculation remains the same regardless of whether you met the holding period requirements. You still need to add back the discount that was included in your W-2 income. The holding period just affects how the gain is classified (long-term vs. short-term) and whether you might have additional ordinary income to report. With a qualifying disposition like yours, you only have the capital gain to worry about (proceeds minus adjusted basis). The fact that you held the shares long enough simplifies things because you'll get the lower long-term capital gains tax rate on your profits.
I've been doing my taxes for years and ESPP reporting is consistently one of the most confusing things. Here's a simplified way to think about it that helped me: 1. When you buy ESPP shares at a discount, that discount is considered compensation (essentially like a bonus from your employer) 2. Your employer includes this "bonus" in your W-2 income the year you purchase the shares 3. When you later sell those shares, you need to increase your cost basis by that "bonus" amount to avoid being taxed twice 4. On Form 8949, you list what's on your 1099-B, then use code B to adjust the basis My tax software (FreeTaxUSA) actually has a specific section for ESPP sales that walks through this calculation. I switched to it after TurboTax kept calculating my ESPP sales incorrectly.
Does FreeTaxUSA really handle this well? I've been using H&R Block online and it's completely confusing for stock sales. I have to manually override everything. Might switch if there's something that handles ESPP sales better.
Aisha Mohammed
Another option worth exploring is contacting your state's unemployment office. Sometimes they have employer information on file even when the IRS transcript is incomplete. I had to do this when filing back taxes from 2018, and the state labor department had the EINs for two companies that had gone bankrupt. Also, if your friend contributed to a 401k during that time, the plan administrator might have records with the employer information. Same goes for any health insurance he had through those employers - the insurance company may still have the employer EIN on file.
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Chloe Martin
ā¢Thank you for this suggestion! I didn't even think about checking with the state unemployment office. He did have health insurance through one of the jobs so we'll definitely reach out to the insurance company as well. Do you remember what department specifically you had to contact at the state level? Was it just the general unemployment office or did you have to ask for a specific record-keeping division?
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Aisha Mohammed
ā¢I contacted the wage record unit within the state's Department of Labor. Most states have a division that handles wage reporting from employers for unemployment tax purposes. Just call the main unemployment office number and ask to be directed to whoever maintains employer wage records. For the health insurance angle, you'll want to contact the member services department and explain you need the employer information for tax purposes. Sometimes they'll need a written request, but in my experience, they were pretty helpful once I explained the situation.
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Ethan Campbell
One thing nobody's mentioned yet - you should consider the statute of limitations for refunds when filing back taxes. If your friend is owed money from the IRS for 2020, he needs to file before April 2024 (3 years from the original due date) or he loses that refund forever! But if he OWES money, there's no time limit for the IRS to collect, so he definitely needs to get this sorted. Also, penalties and interest keep accruing the longer he waits to file.
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Yuki Watanabe
ā¢Actually the deadline for 2020 refunds would be May 17, 2024, since the IRS extended the filing deadline that year because of covid. But your point is totally valid - time is running out to claim any refund from 2020!
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