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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.
One thing nobody's mentioned - make sure you're using the CORRECT 2020 tax forms! Don't just download current forms from the IRS website. You need the actual 2020 versions since tax laws change every year. You can find prior year forms here: https://www.irs.gov/forms-instructions (just search for the form number and select 2020 from the dropdown).
Thanks for mentioning this! I almost made that exact mistake. Do you know if tax software like TurboTax or H&R Block still offer access to prepare 2020 returns or am I stuck doing the paper forms at this point?
Most tax software still allows you to prepare 2020 returns, but you'll likely need to purchase their software rather than using their free online versions which typically only support the current tax year plus maybe one year back. TurboTax, H&R Block, and TaxAct all offer desktop or downloadable software for prior years. However, you'll still need to print and mail the return - electronic filing is generally not available for returns from 2020 at this point in 2024.
Don't forget that if you're filing a 2020 return now, any stimulus payments you received for that tax year need to be accounted for correctly on the return! The first two stimulus payments were tied to 2020 taxes (the $1,200 CARES Act payment and the $600 December 2020 payment). If you didn't receive these payments back then, you can claim them as the Recovery Rebate Credit on your 2020 return. But if you did receive them, you need to indicate that so you don't accidentally claim them again.
This is important! I messed this up on my late-filed return and it delayed my processing by months because the IRS had to manually review and adjust it.
Anastasia Sokolov
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.
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QuantumLeap
ā¢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?
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Anastasia Sokolov
ā¢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.
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Sean O'Connor
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.
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Zara Ahmed
ā¢Does FreeTaxUSA handle K-1 forms too? I've got some partnership interests and those forms are a nightmare to deal with manually.
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