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5 Former tax preparer here. One thing to consider with a sole member LLC is whether you want to be taxed as a disregarded entity (default for single-member LLCs) or elect S-Corp taxation. If your profit is substantial (usually above $40-50K), electing S-Corp status could save you significant money on self-employment taxes. With S-Corp election, you pay yourself a reasonable salary (subject to FICA taxes) and can take the rest as distributions not subject to self-employment tax. Just be aware this comes with additional filing requirements and you'll need to run proper payroll.
11 How do you determine what counts as a "reasonable salary"? I've heard the IRS watches this closely. Is there a specific percentage of income that's considered safe?
5 There's no fixed percentage that's automatically considered "reasonable" - it depends on your industry, location, expertise, and what similar positions would pay in your area. Research salary data for your role and industry in your geographic area as documentation. Generally, your salary should be comparable to what you'd pay someone else to do your job. Too low a salary relative to distributions is a red flag for IRS scrutiny. Some tax professionals suggest roughly 50-60% of profits as salary can be appropriate in many cases, but again, it's situation-specific. Document your salary determination process and keep that documentation with your tax records.
16 Don't forget about the Qualified Business Income (QBI) deduction! As a sole member LLC, you might qualify for the 20% QBI deduction on your pass-through income. This is huge and often overlooked by new business owners!
Another approach that worked for our county agency was contacting our state's tax department. Since they also have to comply with Pub 1075 for their IRS data sharing agreement, they had already created a modified template that addresses the 2021 requirements. They were happy to share their template with us after we signed an NDA. Many state tax departments have dedicated Safeguards Coordinators who work on this compliance full-time and might have better resources than what's publicly available.
That's a smart approach I hadn't considered. Did your state make substantial changes to the template format, or did they just add sections for the new requirements? I'm trying to gauge how different the new SSR should look.
They kept the same general structure of the 2016 template but expanded several sections. The most significant changes were in the areas covering cloud environments, remote access, and encryption requirements. They also added entirely new sections for container security, mobile device management, and the updated incident response procedures. The nice thing about their template is that they clearly marked which requirements were from the 2021 revision, making it easy to see what's new. The overall document ended up being about 20% longer than the old template due to the additional controls.
One important thing to note about Pub 1075 compliance for 2021 that hasn't been mentioned yet - they've significantly changed how they want agencies to handle virtual environments and cloud computing. If you're using any cloud services like AWS, Azure, or Google Cloud to process or store FTI, there are completely new requirements that weren't in the 2016 revision. The SSR needs to specifically document how your cloud environment meets requirements like FedRAMP authorization and data segregation.
One thing nobody's mentioned yet - make sure you're also considering the "maintaining a home" test for HOH. It's not just about providing financial support. You need to pay more than half the cost of maintaining the home where you and your qualifying person (in this case your mom) live. Costs include rent, mortgage interest, property taxes, home insurance, repairs, utilities and food eaten in the home. If you only pay rent but mom pays ALL utilities, groceries, etc., you need to do the math carefully to see if your contribution exceeds 50% of the TOTAL home maintenance costs.
Thanks for bringing this up! So I need to calculate not just her personal expenses, but specifically the home-related costs? I pay about $1900/month in rent, and she probably spends around $600-700 on utilities and groceries. Does that sound like I'd meet the maintaining a home test?
Based on those numbers, you're likely meeting the maintaining a home test. Your annual rent contribution is about $22,800 ($1900 Ć 12), while her utilities and groceries total around $7,800 ($650 Ć 12). That puts the total home maintenance at approximately $30,600, with you covering about 75% of those costs. This looks like you're well above the 50% threshold for the maintaining a home test. Just make sure you have documentation for your rent payments throughout the year. Also, keep in mind this is separate from determining if she qualifies as your dependent, which involves looking at her total support costs and income limits.
I'm confused about something - does your mom have to qualify as your dependent for you to claim Head of Household? Or can you claim HOH just because you live together and pay the rent?
For HOH status, the person must either be your qualifying child or qualifying relative (dependent). The only exception is if you're claiming HOH based on a qualifying dependent parent - they don't actually have to live with you. For all other qualifying relatives, they must live with you for more than half the year AND be your dependent.
Don't forget about self-employment taxes! Even though your business is showing a loss now, once you start making money, you'll need to pay both the employer and employee portions of Medicare and Social Security taxes (15.3% total) on your net profit. This is ON TOP OF your regular income taxes. I learned this the hard way with my side business. First year I made actual profit, I got hit with a surprise tax bill because I wasn't setting aside enough for the SE tax portion.
Thanks for the reminder about self-employment taxes! That's definitely good to know for when (hopefully) my business starts turning a profit. Is there any threshold I need to hit before I have to start paying those taxes? Like a minimum profit amount?
Yes, there's a small threshold - you only have to pay self-employment tax if your net earnings from self-employment are $400 or more during the year. So once your business starts making more than $400 in profit, that's when you'll need to start paying these taxes. It's also worth noting that once you start making profit, you might need to make quarterly estimated tax payments to avoid underpayment penalties. A lot of side business owners don't realize this until it's too late and end up owing penalties their first profitable year.
Make sure you're tracking everything properly for the home office deduction if you're working from home. There are two methods - the regular method (calculating actual expenses based on the percentage of your home used for business) and the simplified method ($5 per square foot up to 300 square feet). I use the simplified method for my etsy shop because it's less paperwork, but if you have a dedicated space that's a large portion of your home, the regular method might save you more.
CosmicCadet
Just to add another data point - I had to withdraw from my 401k last year and yes, the 20% federal withholding is standard. But I actually had to pay MORE at tax time because that 20% wasn't enough to cover my actual tax bracket once the distribution was added to my other income. If you're normally in the 15% bracket, the extra $12,000 could potentially push some of your income into a higher bracket. Don't assume you'll get money back - might want to set aside a bit more just in case.
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Ethan Moore
ā¢Thanks for pointing that out! I hadn't considered that the additional 12k might push me into a higher bracket. Do you think I should make an estimated tax payment to be safe?
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CosmicCadet
ā¢Based on your situation, making an estimated tax payment might be smart, especially if the $12,000 pushes your total income significantly higher than normal. If you want to play it safe, you could calculate roughly how much additional tax you might owe beyond the 20% already withheld and make a quarterly estimated payment. This would help avoid any potential underpayment penalties when you file. Better to be prepared than surprised with a tax bill you weren't expecting.
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Liam O'Connor
Random question - did your 401k provider give you any options about the withholding? When I took a hardship withdrawal they let me choose whether to have taxes withheld or not.
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Amara Adeyemi
ā¢That's not actually correct for 401k withdrawals. The 20% federal withholding is mandatory for 401k plans - administrators are required by law to withhold it. You might be thinking of an IRA withdrawal, where withholding IS optional. Big difference between the two account types regarding withholding rules.
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