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You might want to consider converting your LLC to an S-corporation instead of adding a member. As an S-corp owner, you're required to pay yourself a "reasonable salary" that's subject to payroll taxes, and then you can take additional profits as distributions that aren't subject to self-employment tax. It's a bit more paperwork and you need to file Form 2553 to elect S-corp status, but many small business owners save on taxes this way. Just make sure your salary is reasonable for your industry and role to avoid IRS scrutiny.
I've heard about the S-corp option but wasn't sure if it made sense for a small business like mine. Is there a certain income threshold where it becomes worth the extra hassle and paperwork? And would this help me fix my current situation with the incorrect W2?
S-corps generally start making financial sense once your business profit is around $40,000-$50,000 annually, though this varies by industry. Below that, the savings on self-employment tax often don't outweigh the additional costs (filing separate returns, payroll processing, possibly higher accountant fees). For your current W2 situation, converting to an S-corp now wouldn't retroactively fix the issue. You'd still need to correct the reporting for 2024. However, it would provide a clean path forward for properly paying yourself starting this year. The ideal approach is to fix the past issue separately (either by amending returns or following your accountant's guidance) while setting up the proper structure for the future.
If you're making so little from the business, why even worry about being on payroll? Couldn't you just take owner's draws when needed and report everything on your Schedule C? That's what I do with my LLC and it's way simpler than dealing with payroll.
This is exactly what I do too. I have a real estate LLC and I just take draws when I need money. Pay quarterly estimated taxes and then report everything on Schedule C at tax time. No need for the whole payroll hassle unless you're making serious money.
I only did payroll to get ADP's promotional rate - they had a deal where we got a big discount if we had at least 3 people on payroll. Since I had 2 actual employees, I added myself as the third to save money. I'm fine just taking draws going forward, but now I'm stuck with this incorrect W2 situation for 2024 that I need to fix. Still learning all the LLC tax stuff as I go!
Does anyone know if the distribution code "1" on the 1099-R matters for how this gets reported? When I had a similar situation my form had code "7" and I think that made a difference.
Code "1" on a 1099-R generally indicates an early distribution with no known exception, which means the custodian (Vanguard in this case) is basically telling the IRS "this person took money out early and we don't know of any exception that would exempt them from the penalty." Code "7" indicates a normal distribution, which wouldn't trigger the 10% penalty automatically. The different code does make a significant difference in how the IRS initially processes the form. If you complete a proper rollover, you'll need to report it correctly on your tax return to override what the 1099-R is indicating. Most tax software has specific sections for handling rollovers that will guide you through this.
Don't forget to look into your state tax implications too! The federal 10% penalty is one thing, but some states also have their own early withdrawal penalties. I learned this the hard way in California where they hit me with an additional 2.5% state penalty on top of the federal one for an early 401k withdrawal.
Former retail manager here. The sales tax issue is complicated because it varies by state and even by item category in some places. In our store, our system could only process full tax refunds with the original receipt because that contained the transaction code that linked to the exact tax filing information. For gift returns, we actually had a policy to give store credit for the full amount INCLUDING tax, but as a courtesy gesture rather than an actual tax refund in the system. Many larger corporate retailers have stricter accounting systems that don't allow for this workaround. My advice is to always ask to speak with a manager and specifically mention that you understand the tax has already been paid to the state, but you're hoping they can make an accommodation for the full amount as a customer service gesture. Works about 50% of the time in my experience.
Does this vary by state though? I've heard some states actually require the tax to be refunded no matter what, while others leave it up to the store policy?
Yes, it absolutely varies by state. Some states like California have specific regulations requiring retailers to refund sales tax on returned items even with gift receipts, as long as the return meets the store's normal return policy timeframe. Other states leave it up to the retailer's discretion. The complexity increases with online purchases being returned to physical stores, or items purchased in one state being returned in another. The tax jurisdiction issues get very complicated, which is why many corporate retailers default to the simplest accounting approach. Local managers often have some flexibility with store credit though, even if they can't technically "refund" the tax portion through their standard return process.
Just to add another perspective - sometimes it's not worth the hassle for small amounts. I returned a $25 gift without a receipt and they kept about $1.50 in tax. I considered making a fuss but realized my time was worth more than that. For your $8 though, I'd definitely ask for a manager and politely explain that you understand it's their policy, but you're a regular customer and would appreciate if they could add the tax amount to a store credit as a one-time courtesy. Being super nice about it usually works better than demanding the money.
My crazy tax day story happened when I was living in Chicago. It was pouring rain on April 15th, I had my completed return but my printer broke. Ran to the library which closed early that day, then to a FedEx which had a line out the door. Finally printed at some random hotel business center by begging the front desk person. Then realized I forgot my checkbook for the payment. Had to run 8 blocks home in the rain, grab the checkbook, then catch the last collection at the post office. Made it with 3 minutes to spare, soaking wet with a partially smudged return! Never again waited until the last day.
Couldn't you have just e-filed? Seems like it would have saved you a lot of trouble and rain lol
This was back in 2009 when e-filing wasn't as common or user-friendly as it is today. I was also filing some complicated forms related to foreign income that the e-file systems back then couldn't handle properly. Since that rainy disaster, I've become a huge advocate for filing electronically and doing it at least a month before deadline. Now I e-file in February or March and avoid the stress completely. Best decision ever!
Anybody else notice how the IRS website always crashes on tax day? Last year I waited until the final hours (my fault I know) and the payment system was completely down. Called my accountant panicking and she said "just mail a check tomorrow and you'll probably be fine." I was convinced I'd get hit with penalties but she was right, nothing happened. Tax system is held together with duct tape and prayers.
Luca Russo
I had this issue too, but never got a corrected 1099-K. I filed by reporting the amount on the 1099-K and then offsetting it with a negative adjustment labeled "non-taxable personal transfers." Attached a simple explanation letter just to be safe. That was two years ago and never heard anything from the IRS about it.
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Ravi Malhotra
ā¢Did you have to do anything special to add that explanation letter when e-filing? Or did you just mail it separately?
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Luca Russo
ā¢I e-filed my return and then mailed the explanation letter separately with a cover page that had my name, social security number, and tax year clearly marked. I included a brief note stating it was supplemental documentation for my already-filed return. If you're using FreeTaxUSA like you mentioned, they also have a section where you can add notes or explanations directly in your e-filed return, which might be sufficient without needing to mail anything separately.
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Nia Harris
One thing to watch out for - sometimes payment apps are sending these 1099-Ks even when you're below the reporting threshold. For 2023 taxes (filing in 2024), the federal threshold is supposed to be $5,000, but some states have their own lower thresholds. What state are you in? That might be why you got one for only $4,700.
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GalaxyGazer
ā¢The federal threshold for 2023 was actually supposed to be $600, but the IRS delayed implementation and kept it at $20,000 and 200 transactions. But some companies might have already updated their systems for the $600 threshold before the IRS announced the delay.
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