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Completely unrelated to the tax question but I would suggest getting your own account asap. Having a joint account with someone who is "bad with money" is asking for trouble, even if it's your mom. What if she overdrafts it and all your automatic payments bounce? Just my 2 cents from personal experience.
That's actually really good advice and something I've been considering. Did you have trouble separating your finances from the joint account holder? I'm worried that if I pull my money out suddenly it might look suspicious for tax purposes.
When I separated my finances from my dad's joint account, I opened a new account first, then gradually moved over my direct deposits and auto-payments over a period of about a month. That way there wasn't a sudden large withdrawal that could raise flags. I also kept really clear records of which money was mine versus his in the joint account, and made sure I only took my portion. For your situation, since the deposit is clearly your mom's settlement, you should have no problem leaving that untouched while taking your pre-existing balance.
Have you considered setting up a completely separate account for the certificate/CD instead of mixing it with your existing joint account? Most banks will let you set up a CD in multiple names with "and" designation so both of you would need to sign for withdrawals. That way her money stays completely separate from yours and there's no risk of accidental gift tax issues.
Have you thought about just selling everything in bulk on Facebook Marketplace or Craigslist? That's what I did when I closed my online bookstore. I sold about $7,000 worth of inventory (original cost) for about $1,800. The nice thing was that since I had already expensed it all under cash accounting, that $1,800 was actually pure profit from a tax perspective - though obviously a loss from a business perspective. At least I got something back!
That's actually not a bad idea. Did you have to do anything special on your taxes when reporting that $1,800? Just list it as business income on the Schedule C?
Yes, I just reported it as regular business income on my Schedule C for that final year. Nothing special required - just normal income reporting. My accountant did recommend I keep good documentation of the bulk sale with photos of the inventory and the sale listing/agreement, just in case there were any questions later about the business winding down. But the actual tax reporting was straightforward.
Another option nobody's mentioned yet - what about donating to a local school or community program? I donated my leftover craft supplies to an after-school program when I shut down my Etsy shop. While I didn't get a tax write-off (already expensed under cash accounting), it felt good knowing the items went to good use instead of the landfill. Some organizations will even pick up from you if the quantity is substantial.
This is what I did too! Local theater group was thrilled to get my leftover fabric inventory. No tax benefit but serious karma points lol.
I like this idea a lot. Even if there's no tax benefit, at least the items would go to good use. Do you know if schools typically provide any kind of receipt for these donations?
Just want to add something important that nobody's mentioned yet. If you paid FICA taxes (Social Security and Medicare) on that bonus, handling the repayment gets even trickier. For income taxes, you can use the claim of right provision as others have mentioned. But for FICA taxes, you can only get those back if the repayment happens in the same calendar year as the payment. If it crosses calendar years, you generally can't recover the FICA taxes that were withheld (around 7.65% of the bonus). This is actually why many employers will accept the net amount rather than the gross - they understand this tax complexity. So definitely push back if they're asking for the full amount, especially if you're repaying in a different tax year than when you received it.
Thanks for pointing this out. So in my case, since I received the bonus in April this year and I'm repaying it next month (still in 2024), does that mean I should be able to recover all taxes including FICA? Also, what exactly should I say to HR to convince them to just take the net amount? They keep insisting on the full pre-tax amount.
Yes, if both the payment and repayment are happening in 2024, you're in the best possible situation. Your employer should be able to adjust everything (including FICA taxes) on your W-2, and it should be like you never received the bonus in the first place. For convincing HR, try this approach: "I understand the repayment requirement, but I'd like to discuss repaying the net amount I actually received rather than the gross amount. Since both the payment and repayment are occurring in the same tax year, accepting the net amount would be simpler for both parties and is consistent with IRS regulations regarding wage repayments. This approach would prevent me from having to pay back money I never actually received, while still satisfying the terms of the bonus agreement." If they still insist on the gross amount, ask them to provide written documentation of how the tax adjustment will be handled, since they'll need to correct your W-2 or provide documentation for you to claim the taxes paid when you file your return.
One thing to consider - check your original offer letter or bonus agreement carefully. Sometimes there's specific language about repayment requirements. Some agreements specify net amount, others specify gross. If your agreement doesn't specifically say "gross amount" or "pre-tax amount" when talking about repayment, you have a stronger case to argue for repaying only what you received. Regardless of what the agreement says, keep detailed records of: 1. Original bonus payment (paystub showing gross and net) 2. Repayment amount and date 3. All communication with the employer about this issue These records will be crucial for your tax filing. Even if you end up repaying the gross amount, having solid documentation will make it much easier to claim back the tax portion when you file.
Did anyone have luck getting their company to accept just the net amount? I'm in the same boat - bonus paid in January, leaving in December, and they want the full pre-tax amount back. Seems really unfair.
Quick clarification: if you do decide to create a special allocation agreement, make sure it has "substantial economic effect" as others mentioned. This means: 1) Capital accounts must be maintained properly 2) Liquidating distributions must be made according to capital accounts 3) Partners with deficit capital accounts must restore them Without these elements, the IRS could disregard your special allocation and default back to the ownership percentages. Also, you can't just allocate tax benefits without allocating the corresponding economic benefits - that's where many partnerships get in trouble.
Is there any simple way to handle this retroactively? We're in a similar situation where one partner did 80% of the work this year but we have a 50/50 split. Tax filing deadline is approaching fast.
Unfortunately, retroactive special allocations are problematic. The IRS generally requires that allocations be established in advance of the economic activity. Making changes after the fact often raises red flags. Your best option at this point might be to ensure your operating agreement is updated for future projects, while accepting the default 50/50 allocation for the current tax year. Another possibility, depending on your specific situation, is to consider guaranteed payments to the partner who did more work - this is essentially a payment before profits are calculated. However, this has different tax implications and should be discussed with your tax professional before implementation.
Has anyone actually amended their operating agreement specifically for varying distributions vs allocations? Our CPA is telling us we need to pay her $1,500 to draft language for this, which seems excessive.
I did it last year with my 2-person LLC. We used a template from our legal service subscription and then had it reviewed by our accountant (much cheaper than having them draft it from scratch). The key elements were: 1) Special allocation provisions that meet the substantial economic effect test 2) Clear tracking of capital accounts 3) Language about how profits from specific projects can be allocated differently Cost us about $400 total for the review and filing the amendment. You definitely don't need to pay $1,500 unless your situation is extremely complex.
Oliver Cheng
Something nobody mentioned yet - look into "demonstration projects" for contractors. My brother-in-law is a bathroom remodeler and he has a specific business policy where he does one showcase project per year at a deep discount (sometimes even at cost) specifically for marketing purposes. He documents everything, has clients sign releases acknowledging the marketing purpose, and his accountant handles it differently than regular personal expenses. Might be worth asking a tax professional about this specific approach since it's common in the trades.
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Ellie Kim
ā¢This is really interesting! Do you know if he does these showcase projects in his own home or just for select customers? And does he still write off the full cost or just a portion?
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Oliver Cheng
ā¢He typically does these for customers, not in his own home. The key is that there's a clear business purpose that's documented - he has customers sign a marketing release allowing him to photograph, film and show the project to potential clients. He even hosts small open houses where prospective clients can see the finished work. His accountant categorizes these as marketing expenses, but only the portion that's discounted. So if a $10,000 job is done for $6,000, he can write off $4,000 as a marketing expense. He's very careful to document everything and has a written business policy about these showcase projects. I still think your own home would be much trickier to justify, but talking to a tax pro about a formal "demonstration project" policy might be worth exploring.
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Taylor To
Don't forget about Section 179 deduction for tools and equipment! When I started my woodworking business I was able to deduct almost $18k in equipment purchases my first year instead of depreciating them slowly. Table saw, planer, drum sander, dust collection system - all business assets. Also track EVERY mile you drive for business purposes with an app like MileIQ. Picking up materials, driving to client sites, etc. The mileage deduction adds up crazy fast.
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Ella Cofer
ā¢The mileage tracking is so crucial. I neglected this my first year and probably lost thousands in deductions. Do you know what the rate per mile is for 2025? And does MileIQ work automatically or do you have to remember to turn it on?
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