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Former IRS employee here. Table/booth rental arrangements are completely legal when properly structured. What the IRS looks for is whether the facts support the classification. The key factors specific to salon situations: 1. Written rental agreement with fixed payments (not commission-based) 2. Renter controls their own schedule and clients 3. Renter has their own business name, cards, advertising 4. Renter purchases their own supplies and equipment 5. Renter handles their own payments from clients 6. No requirements about hours, services offered, or prices Based on what you described, you're on solid ground. Just make sure everyone has proper documentation. The salon owner should consider having a tax professional review their setup and draft a proper booth rental agreement template if they don't already have one.
What about shared resources like washing equipment, reception area, etc.? Does that muddy the waters at all? Our salon has these common areas that everyone uses.
Shared resources are perfectly fine and actually very common in these arrangements. Think of it like renting an apartment that includes shared laundry facilities or a common lobby. The rental agreement should specify what shared resources are included in the rent payment. As long as those common areas are available to all renters without the owner controlling when or how they're used, it doesn't impact independence. Just make sure the agreement clearly separates the rental payment from any control over how you conduct your business.
I had almost the exact same situation at a pet salon in Texas. Make sure your contract specifically states you're renting SPACE, not working for a percentage. Also, double check your state's regulations too - some states have additional rules beyond the IRS requirements. In my case, we all had to get our own business licenses, display our own price lists, and maintain separate appointment books to clearly show we were independent. Our shop owner actually got sued by someone who claimed they were misclassified, but the case was dismissed because we had all the proper documentation.
Thanks for sharing your experience. I didn't even think about checking state-specific regulations. I'll definitely look into that. Did your salon owner do anything special with the rental agreements or business structure after going through that lawsuit?
After the lawsuit scare, our owner got much more formal with everything. She had a lawyer create a standardized booth rental agreement that explicitly stated we were not employees and had no expectation of benefits or protection under employment laws. She also required all of us to provide proof of our business registration and insurance policies annually. One smart thing she did was create a separate LLC that owned the building, and then her grooming business just rented space there like the rest of us. That extra layer of separation made it super clear that the relationship was landlord/tenant rather than employer/worker. The owner also stopped providing any supplies at all - even things like shampoo and cleaning products had to be purchased individually or through a cost-sharing agreement between groomers. It was slightly less convenient but much cleaner from a business separation standpoint.
One big tip for musicians that saved me thousands: track your mileage diligently! I'm a drummer who drives to multiple venues/studios/teaching locations, and I was missing out on a huge deduction. I use a simple app that logs each trip, and last year I was able to deduct over 6,000 miles driven for gigs and sessions. At the 2022 rate of 58.5 cents per mile, that was a $3,500+ deduction on my Schedule C. Remember you can only deduct miles driven for your self-employed work though, not for your W-2 teaching jobs. And keep detailed records! Date, starting location, destination, purpose of trip, and miles driven for each business trip.
Does anyone know if you can deduct mileage when you're carrying passengers (like other band members) to gigs? We usually carpool in my van since I'm the one with all the gear space, but I wasn't sure if having others with me affects the deduction.
Yes, you can absolutely deduct business mileage even when carpooling with band members! The key is that the primary purpose of the trip must be business-related, which going to a paid gig certainly is. Having passengers doesn't reduce or eliminate your deduction. In fact, if you're the designated driver for your band and regularly transport equipment and band members, make sure you're also tracking any parking fees and tolls, as these are deductible in addition to your mileage. Just keep good records of dates, locations, and the business purpose of each trip.
Has anyone here depreciated expensive instruments? I bought a $12,300 saxophone last year that I use for both teaching and performances, and I'm not sure whether to depreciate it or take a Section 179 deduction for the portion used in my self-employed work.
I've done this with my $9000 cello. My accountant recommended depreciation rather than Section 179 since I use it for both W-2 and 1099 work. We calculated that I use it about 65% for self-employed gigs and teaching, so I'm depreciating that portion over 7 years. Makes my tax situation more stable than taking one huge deduction in a single year.
One important thing I haven't seen mentioned yet - make sure you file ALL your tax returns, even if you can't pay what you owe! The penalties for not filing are way worse than the penalties for not paying. If you haven't filed those returns for the past 2 years, that should be your first step before worrying about the payment options.
We did file our returns, just haven't been able to pay what we owe. But that's good advice for anyone reading who might be afraid to file! Does anyone know if we should adjust our W-4 withholding for this year to prevent owing more next year?
Yes, absolutely adjust your W-4 forms with both of your employers immediately! If you've been underwithholding for 2 years, you're likely still underwithholding now, which means you're digging a deeper hole. You can use the IRS Tax Withholding Estimator on their website to figure out exactly how to fill out your W-4. Also, when you get on a payment plan for your back taxes, make sure you don't miss any payments and that you stay current on this year's taxes. The IRS will cancel your payment arrangement if you fall behind on current taxes or miss payments on your plan.
Has anyone tried those "tax relief" companies that advertise on the radio? I owe back taxes too and they claim they can settle with the IRS for "pennies on the dollar"...sounds fishy but I'm desperate.
DON'T DO IT!! Those companies charge thousands of dollars for services you can do yourself for free or at low cost. I paid $3,000 to one of those places and all they did was put me on an installment plan I could have set up myself online. Total ripoff!
Don't forget the option to use R&D credits to offset payroll taxes if you're a qualified small business! This is huge for startups that don't have income tax liability yet. You can apply up to $250,000 of your R&D credit against your Social Security portion of payroll taxes each year. To qualify, you need less than $5 million in gross receipts for the credit year and no gross receipts for any tax year before the 5-tax-year period ending with the credit year. You make the election on Form 6765 and then claim the credit quarterly on your Form 941.
Wait this is amazing! We definitely qualify based on those requirements. Does this mean we could potentially reduce our payroll tax burden instead of waiting until we're profitable to use the credits? Our payroll taxes are a huge expense right now.
Yes, that's exactly what it means! Instead of the R&D credit just carrying forward until you have income tax liability, you can use up to $250,000 of it immediately against the employer portion of Social Security taxes (the 6.2% you pay on employee wages). This is particularly valuable for startups and small businesses that are still in growth mode and not yet profitable. You'll claim the credit quarterly when you file your Form 941 payroll tax returns. The election has to be made on a timely filed tax return (including extensions), so make sure your tax preparer knows you want to make this election when they prepare your business return.
Be careful - the documentation requirements for R&D credits got much stricter in 2024! The IRS released new guidance requiring contemporaneous documentation created at the time of the research. You can't just create documentation after the fact when preparing your tax return.
This is super important. We got audited last year and the IRS disallowed almost half our claimed R&D expenses because our documentation wasn't specific enough about the technological uncertainties we were trying to resolve. Make sure you have detailed lab notes, design documents, and meeting minutes that clearly show the experimentation process.
Lara Woods
One thing nobody's mentioned yet - watch out for the timing of your 433-A submission relative to these vehicle transactions. If you submit the 433-A showing 4 paid-off vehicles, then make these changes right after, it could look like you're trying to manipulate your asset situation. I learned this the hard way. I'd consider completing the vehicle transactions FIRST, then submitting the 433-A showing the 2 financed vehicles. That way there's no appearance of trying to quickly change your asset profile after IRS has already started reviewing your situation.
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Adrian Hughes
ā¢But wouldn't waiting to submit the 433-A just delay the whole process more? My revenue officer keeps pressuring me to submit mine ASAP and I'm in a similar situation with wanting to consolidate vehicles.
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Lara Woods
ā¢If your revenue officer is already involved and pressuring you for the 433-A, communication becomes key. I'd recommend being upfront with them about your vehicle plans before making any changes. Explain that you're planning to consolidate vehicles to reduce overall expenses and improve reliability, not to hide assets. In my experience, most ROs appreciate transparency and would rather you be honest about upcoming changes than submit information that will be immediately outdated. You could even ask if they prefer you to submit the 433-A with current information and an addendum explaining the planned vehicle changes, or if they'd prefer you complete the transactions first. This proactive approach usually works better than trying to time things without their knowledge.
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Molly Chambers
Has anyone actually had success getting CNC status after trading in vehicles for newer ones? I've heard the IRS scrutinizes any upward movement in asset quality.
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Ian Armstrong
ā¢Yes, I actually did this successfully. The key was showing that the monthly expenses for the 2 newer vehicles were actually LOWER than maintaining the 4 older ones (repair costs, insurance, etc). I provided 2 years of maintenance receipts for the old cars to prove they were money pits.
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