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Most companies these days structure these as taxable cash payments because the formal HRAs require a lot more administration and paperwork. You can easily check by looking at your first paystub after the reimbursement kicks in - if they're withholding taxes from it, there's your answer! Also worth asking if they offer a Section 125 Cafeteria Plan instead, which can make these benefits pre-tax. But honestly, even with taxes taken out, $375/month is still free money if you're already covered elsewhere.
Can you explain what a Section 125 Cafeteria Plan is? Never heard of this before. Is this something I should specifically ask my HR about?
A Section 125 Cafeteria Plan (named after the section of the tax code) allows employees to pay for certain benefits with pre-tax dollars. It's essentially a menu of benefit options where you can choose between taxable benefits (like cash) and non-taxable benefits (like health insurance, FSAs, etc.). Yes, definitely ask your HR if they have this plan option. If they do, and you opt for the cash option within this plan, it might be structured in a way that reduces your tax burden. But be aware that most small to medium companies don't have this set up because it's administratively complex. Still worth asking though!
My company does this too! They call it a "health stipend" and deposit $400/month into my checking account for waiving coverage, but they absolutely do withhold taxes on it. It shows up on my paystub as "Benefit Waiver Pay" and gets taxed just like regular income. I did the math and even after taxes, I still come out ahead by about $3200/year by staying on my wife's insurance and taking the taxable payment. Just be prepared that $375/month will probably be more like $250-275 after taxes depending on your tax bracket.
This matches my experience too. My employer gives $320/month for declining their insurance, and it's definitely taxed. Shows up as "Benefit Opt-Out Pay" on my paystub.
Something nobody has mentioned yet is that you'll need to be really careful about the 45-day identification period and the 180-day completion period for the 1031 exchange portion. Miss those deadlines and you lose the tax deferral completely. Also make sure your qualified intermediary is bonded and insured - I learned that lesson the hard way when my first QI went bankrupt while holding my exchange funds...
How did you handle the QI bankruptcy situation? Were you able to recover your funds or did you end up having to pay the capital gains?
I was extremely lucky that the bankruptcy happened on day 15 of my 45-day identification period. I immediately hired a new QI who was able to make a claim against the first QI's bond. I did recover about 85% of my funds eventually, but it delayed my purchase of the replacement property and caused a ton of stress. I ended up having to bring additional cash to closing to make up the difference. The bigger problem was that I nearly missed the 180-day deadline for completing the exchange because of all the legal complications. If that had happened, I would have owed tax on the full gain. Now I only use large, established QI companies that have significant insurance and bonding, even if they charge slightly higher fees.
Question for anyone who's done this successfully - what documentation do you need to support the allocation between personal and investment use? Do you just claim 50/50 for a duplex or do you need to measure actual square footage? And what about shared spaces like a basement or driveway?
I did this last year with a triplex (lived in one unit, rented two). My CPA had me use square footage as the most defensible method in case of audit. We calculated the percentage of the total square footage that my unit represented, then allocated purchase price, improvements, and selling costs accordingly. For common areas, we split those proportionally too. Keep VERY detailed records of when you converted part to personal use, any improvements made to either side, and maintenance costs. Take photos of everything. The more documentation you have, the better position you'll be in if the IRS questions your allocation.
Have you considered bankruptcy? Tax debts CAN sometimes be discharged in bankruptcy contrary to what most people think. If the taxes are more than 3 years old, you filed the returns more than 2 years ago, and the taxes were assessed more than 240 days ago, they might be eligible for discharge in Chapter 7. Even if they can't be discharged, Chapter 13 bankruptcy could force both the IRS and state into a reasonable payment plan based on what you can actually afford.
This is actually not entirely accurate. While some taxes can be discharged in bankruptcy, there are strict requirements. Self-employment taxes specifically have additional complications because they include both income tax and what would normally be FICA taxes (Social Security and Medicare). The FICA portion is much harder to discharge. Also, filing fraudulent returns or willful evasion will prevent discharge regardless of timing. Given that OP deliberately chose not to pay the taxes to fund their business instead, a bankruptcy judge might view that as willful evasion.
I worked for a state tax agency for 8 years. Here's what's happening with your state tax bill: most states have much higher penalty and interest rates than the IRS, and many states (unlike the IRS) compound interest. This is why your state bill has grown more dramatically. For state taxes, I'd recommend requesting a penalty abatement first. Many states have first-time abatement programs similar to the IRS, and some even have hardship programs if you've been in difficult financial circumstances. Don't assume the 10-year rule applies to your state. Some states like California and Kentucky have much longer collection periods (20 years and unlimited, respectively). You need to check your specific state's rules.
7 One thing to consider - if you both intended to operate as separate businesses that just happened to collaborate on a project in 2023, and only later decided to formalize as a partnership in 2024, you could potentially justify the Schedule C route. But from your description, it sounds like you intended to be partners from the beginning. The key question is: what was your intent when spending that money in 2023? If you always intended to be in business together rather than individually, it's a partnership regardless of when you got the EIN.
1 You make a good point about intent. We definitely went into this planning to be partners from day one - we split costs 50/50, made decisions together, and had a handshake agreement about profit sharing. So it sounds like we really should file as a partnership for 2023. If we do file Form 1065 for 2023 now, how complicated is the process for a business that technically existed but had no income, only startup expenses?
7 Since your intent was clearly to operate as partners from the beginning with your 50/50 cost splitting and shared decision-making, filing Form 1065 for 2023 is definitely the correct approach. Filing a Form 1065 for a startup year with only expenses isn't particularly complicated. You'll report zero income and list all the qualified business expenses on the appropriate lines. The form will show a loss, which will flow through to each partner's K-1 based on your ownership percentages. Make sure to include a statement that clearly identifies these as startup costs under IRC Section 195. The main challenge is just categorizing all your expenses correctly.
20 Has anyone used TurboTax Business to file a late 1065? I'm in a similar situation and wondering if their software lets you file for previous tax years or if I need to use something else.
11 I used TurboTax Business for a late 2022 partnership return last year. You need to buy the software for the specific tax year you're filing for (so 2023 TurboTax Business for a 2023 return). They keep previous years' versions available for download on their website specifically for late filings.
Mateo Hernandez
Make sure you check if any of your transactions qualify for special tax treatment before you report them all as non-ECI on your attachment. Some foreign income might qualify for treaty benefits or exclusions depending on the country. I made that mistake and ended up overpaying my taxes significantly last year.
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Aisha Khan
ā¢Can you give an example of the special treatment you're talking about? I have income from Canada and want to make sure I'm not missing anything.
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Mateo Hernandez
ā¢For Canadian income specifically, you should check the US-Canada tax treaty to see if your type of income qualifies for reduced withholding or special classification. For example, certain royalties from Canada are subject to a maximum 10% withholding rate rather than standard rates. Also important for Canadian transactions - if you have income from Canadian retirement accounts, there are specific reporting requirements and potential treaty benefits. Some Canadian investment income might not need to be on Schedule NEC at all if it meets certain treaty qualifications. Review Article XI and XII of the treaty for investment income and royalties.
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Ethan Taylor
Has anyone tried using TurboTax for handling excess Schedule NEC transactions? Does it have a way to add the extra transactions or do I need to create a separate statement no matter what software I use?
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Yuki Ito
ā¢TurboTax Premium with the foreign tax package can handle additional non-ECI transactions. It automatically creates the attachment when you exceed the limit. I've used it for the past two years with no issues.
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