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Don't forget Box 15 on your 1099-DIV should tell you how to treat the Non-Dividend Distribution. There are different codes that indicate if it's a return of capital (ROC) or something else. Most commonly it's code "R" for return of capital, which is when you reduce your basis. If the amount exceeds your basis, you record a capital gain. It's actually not that complicated once you understand the principle - they're basically returning part of your investment back to you tax-free, but tracking it by reducing your cost basis.
I didn't realize I needed to check box 15! I'll take another look at the 1099-DIV for that code. So assuming it is code "R" as you mentioned, I would just reduce the basis from $8,115 to $7,270 on Form 8949, right? Is there anywhere else I need to note this adjustment?
Yes, that's exactly right. On Form 8949, you'll enter the original cost basis of $8,115 in column (e), then in column (g) you'll enter the adjustment amount of -$845 with code "B" which stands for "Basis adjustment." Then your adjusted basis in the calculation becomes $7,270. Make sure to check the right box at the top of Form 8949 for long-term transactions reported on a 1099-B with basis reported to the IRS. The form has clear instructions for these adjustments, and this way you're documenting exactly why your basis is different from what was reported to the IRS on the 1099-B.
Just a tip - I use FreeTaxUSA for filing and it handles this situation really well. When you enter the 1099-DIV information, there's a specific field for non-dividend distributions. Then when you enter the stock sales info, it prompts you to adjust the cost basis accordingly. Much easier than trying to figure it all out manually. If the distributions are return of capital (which they usually are), the software automatically adjusts the basis. It's saved me a ton of headaches with my investment reporting.
Does FreeTaxUSA handle K-1 forms too? I've got some partnership interests and those forms are a nightmare to deal with manually.
Former payroll specialist here. One thing to consider is HOW MUCH the difference will be. If the only change is bonus pay being recategorized from tips to regular income, the tax withholding might actually be pretty similar. The main difference would be that Social Security and Medicare taxes might have been under-withheld if they were incorrectly treated as tips (depending on if tip credits were applied). For most employees at a restaurant, this difference might not be huge. Ask your payroll provider to give you an estimate of the difference for a typical employee. If it's minimal (like under $200), filing now and amending later might make sense for folks who need refunds ASAP.
But won't the employees get in trouble if they file with forms they know are wrong? My manager told us we HAD to wait for corrected W-2s.
No, employees won't get in trouble for filing with incorrect W-2s as long as they file an amendment once they receive the corrected forms. The IRS understands that errors happen with tax documents. Your manager is being overly cautious. While waiting for corrected W-2s is certainly the cleaner approach, the IRS allows taxpayers to file with the information they currently have and then correct it later through the amendment process. Just make sure you keep both the original and corrected W-2s for your records, and file the amendment (Form 1040-X) promptly once you receive the corrected form.
I've been in restaurant management for 15+ years and dealt with this EXACT situation in 2020. Here's what we learned: For our servers who really needed their refund $$$ fast, we advised them to: 1) File now with incorrect W-2 2) Get their refund 3) File 1040-X amendment after corrected W-2 arrived 4) Either pay back any difference or get additional refund For kitchen staff and managers who could wait, we suggested filing an extension to avoid the amendment hassle. The payroll company should offer to pay for tax amendment services for affected employees! Push them hard on this - it was THEIR error. Our payroll provider ended up giving us H&R Block vouchers for all affected employees to cover amendment costs.
Have you considered changing your payroll schedule in December? We had a similar issue and shifted to running mid-December payroll that covered through mid-January. It takes some adjusting for employees at first, but we found that getting those funds out of our account before year-end helped reduce our taxable income significantly. Another approach is to accelerate other expenses into December - prepaying vendors, stocking up on supplies, investing in equipment (Section 179 can be helpful here), or funding retirement plans.
Would changing the payroll schedule that drastically cause problems with our employees? I'm thinking they might not like having their pay periods shifted around, especially around the holidays when cash is tight for many people.
It does require some careful communication with your team. We gave our employees about 3 months notice before implementing the change, and offered short-term advances to anyone who needed help with the transition. Most people adjusted within a month or two. It also doesn't have to be a permanent change - some businesses do a "bonus" mid-December payment that effectively prepays some January work, then return to normal scheduling in January. The key is getting those funds out of your business account before December 31st so they don't contribute to your year-end retained earnings.
Have you looked into converting to C-Corp status? Might solve your immediate problem since C-Corps can retain earnings without triggering personal tax liabilities for the owners. The company would pay corporate tax, but only on profits, not on retained cash being held for known upcoming expenses.
C-Corp has double taxation though. They'd pay corporate taxes and then personal taxes on any dividends. With $9.5m ARR, seems like they'd end up paying more overall unless they plan to reinvest almost everything back into the business.
You're right about the double taxation concern. It works better for businesses planning significant reinvestment rather than regular profit distributions to owners. A possible middle ground might be the "hybrid approach" where they elect S-Corp taxation but establish a reasonable salary structure and timing that helps manage cash flow better throughout the year. They could also look into establishing separate entities for different business functions, though that adds complexity.
Don't forget about state taxes on your capital gains! Everyone always focuses on federal but depending on your state, you might owe state taxes too. I'm in California and was surprised by how much extra I had to pay on my stock sales last year.
Good point - I'm in Minnesota. Does anyone know how MN handles capital gains taxes? Are they taxed differently than regular income at the state level?
Minnesota taxes capital gains as regular income, unlike the federal government which gives preferential rates to long-term gains. So you'll pay your normal Minnesota income tax rate on all your capital gains regardless of how long you held the investments. Minnesota's income tax rates range from 5.35% to 9.85% depending on your income bracket. Given your regular 22% federal bracket, you're probably looking at the middle Minnesota brackets (6.8% or 7.85%). There's no separate capital gains rate structure at the state level.
Some advice: if you know you're going to sell stocks soon, look at your overall tax situation first. I sold some stocks in December thinking I was being smart, but it pushed me into a higher tax bracket and I ended up paying way more than if I'd waited till January.
This is super important! Tax-loss harvesting saved me thousands last year. If you have any investments at a loss, you might want to sell those at the same time to offset some of your gains.
That's a great point about tax-loss harvesting. Just remember the IRS limits capital loss deductions against ordinary income to $3,000 per year. However, you can use capital losses to offset unlimited capital gains. Any unused losses can be carried forward to future tax years.
Connor O'Neill
One thing to watch out for with cancellation of debt and the insolvency exception is timing. The YEAR the debt was canceled is super important. I had a similar situation where a debt was actually forgiven in 2021, but the company didn't report it to the IRS until 2022. I had to prove that my insolvency status should be evaluated based on my 2021 financial situation, not 2022 when my finances had improved. If you have documentation showing when the actual debt cancellation occurred (like letters from the lender), make sure to include that with your CP2000 response if it's different from the year they reported it.
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Fatima Al-Suwaidi
ā¢How did you prove when the debt was actually canceled versus when it was reported? I'm not sure I have any documentation from Yamaha showing exactly when they decided to cancel my debt. The CP2000 just shows it was reported for tax year 2022.
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Connor O'Neill
ā¢I had to contact the lender directly and request documentation showing when they made the decision to cancel the debt. In my case, they had sent a letter in 2021 that I'd forgotten about, and I was able to get them to send me another copy. If you don't have anything from Yamaha, call their financial services department and specifically ask for documentation showing when they canceled your debt. Explain that you need it for tax purposes. Most lenders keep detailed records of debt cancellations because they have to report them to the IRS.
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Yara Nassar
Don't forget that responding to a CP2000 isn't your only option! If you can't prove insolvency or don't qualify, you might want to look into an installment agreement to pay the tax gradually. I owed about $2,000 from a similar situation, and I set up a payment plan of $50/month. The IRS was actually pretty reasonable about it. You can set up a plan online if you owe less than $50,000 total.
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Keisha Robinson
ā¢The IRS also has something called an Offer in Compromise if you really can't pay. My sister qualified for that when she had medical debt forgiven and couldn't pay the resulting taxes. She ended up paying about 30% of what she originally owed.
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