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One thing nobody's mentioned is state taxes and fees. In California, LLCs pay a minimum $800 annual tax regardless of profit, which would wipe out any federal tax benefits for a small side hustle. But in Wyoming or Delaware, the fees are minimal. Also consider liability protection. LLC protects your personal assets if someone sues your business. Graphic design might seem low risk, but if you accidentally use copyrighted material or a client claims your design caused them financial harm, that protection matters.
Thanks for bringing up state considerations! I'm in Michigan, so I'll have to look into what the fees are here. Do you know if the liability protection is significantly different between sole prop with good insurance vs an LLC?
Michigan is actually pretty reasonable - filing fee is around $50-75 and annual statement fee is just $25. Much better than California! Insurance and LLCs protect you differently. Insurance covers specific claims up to policy limits, while an LLC creates a legal separation between business and personal assets. Even with good insurance, as a sole prop, someone could still come after your personal assets if they win a judgment exceeding your coverage limits. The LLC creates a legal barrier they'd have to overcome (though not impossible). For graphic design, professional liability insurance is probably more immediately important than an LLC, but having both gives the strongest protection. Many designers start with good insurance, then form an LLC once profits justify the additional paperwork.
Just remember the QBI deduction (Qualified Business Income) works for sole props and LLCs alike - you get up to 20% deduction on your business income regardless. So that big tax benefit applies either way!
I work at a tax prep office (not a professional, just admin) and see this ALL THE TIME. Here's what our preparers tell clients: 1) File first! This is the #1 advice 2) If you have a custody agreement, review it carefully - sometimes there are alternating years for tax claims that people forget about 3) If you get rejected, don't panic. Paper file with all your proof of residency 4) The person who claimed your child illegally will eventually get audited and have to pay back all credits plus penalties 5) If this happens repeatedly, it could be identity theft so get those IP PINs ASAP The biggest mistake people make is waiting too long to deal with it. Don't put off paper filing if you get rejected!
Thanks so much for this! One question - my daughter lives with me 100% of the time, but her dad keeps claiming he's "entitled" to claim her some years because he pays child support. Is that true? The custody agreement doesn't mention taxes at all.
Child support payments do NOT give someone the right to claim a child as a dependent. The IRS has very specific tests for who can claim a child, and the main one is where the child lived for more than half the year (the residency test). If your daughter lives with you 100% of the time, you are the qualifying parent. Your ex might be thinking of the "dependent exemption release" (Form 8332) where the custodial parent can voluntarily release their claim to the non-custodial parent. But this is completely voluntary - you don't have to do this unless it's specified in your custody agreement. No custody agreement means you, as the parent with 100% physical custody, have the right to claim your child.
Just an FYI - I learned this the hard way - if someone fraudulently claims your child, your refund will be delayed EVEN if you paper file correctly. My ex claimed our kids when it wasn't his year, and it took 11 MONTHS to get my refund last time. That's why preventative measures like the IP PIN are so important. Also consider updating your custody agreement to specifically address who claims the kids on taxes in which years. My lawyer said this can help with IRS disputes.
Did they end up penalizing your ex for filing incorrectly? I'm wondering if there are any consequences for the person who's been claiming my kid.
Yes, they did eventually! The IRS sent him a notice disallowing the child tax credit and earned income credit he'd claimed. He had to pay back all of that money plus interest and a 20% accuracy-related penalty. It took about 14 months from when I filed my paper return with documentation, but the IRS did resolve it in my favor. I also found out he'd been doing this for 3 years, so they went back and audited his previous returns too. Expensive lesson for him!
Something nobody's mentioned yet - if you go S Corp, make sure you're extremely diligent about maintaining corporate formalities, keeping business and personal finances separate, and documenting shareholder meetings/minutes. My business got audited last year and they scrutinized EVERYTHING because they thought my S Corp status was just a tax avoidance strategy. Also, remember that with these income levels, you might face the 3.8% Net Investment Income Tax on at least part of your S Corp distributions. That should factor into your calculations.
How often do you need to document shareholder meetings if you're the only owner? Is that even necessary for a single-member S Corp? Seems like excessive paperwork.
Yes, it's still necessary even as a single owner! I hold and document quarterly meetings with myself (sounds ridiculous, but it's important) and maintain a corporate minute book. My accountant advised doing this because maintaining the corporate veil is critical - if you're ever challenged, you need to show you're treating the business as a separate entity. The documentation doesn't need to be complex, but should demonstrate you're making business decisions as a corporation rather than as an individual. This includes formally approving major purchases, loans, salary changes, etc. Many single-owner S Corps get sloppy with this paperwork and it can create real problems during an audit.
Has anyone considered the healthcare implications? As a C Corp owner, you can deduct 100% of health insurance premiums as a business expense, but S Corp owners have to report that benefit as income. With good coverage costing $20k+ annually for a family, that's a significant consideration.
This is actually a common misconception. S Corp shareholders who own more than 2% can still deduct health insurance premiums on their personal returns (Form 1040) as an adjustment to income, so it ends up being a wash tax-wise in most cases. You just can't deduct it directly on the S Corp return.
I've been using a simple system that works pretty well for me. Get a 12-pocket expanding file folder from any office supply store. Label each pocket for a month. When you get receipts, just drop them in the current month's pocket. At the end of the year, rubber band that folder and put it in storage, then start fresh with a new folder. For extra organization, I use different colored highlighters on receipts - yellow for business, green for medical, blue for donations, etc. Takes just a second when you get the receipt but makes it so much easier to sort at tax time. Low tech but effective!
Do you write any additional info on the receipts? Sometimes I get receipts that aren't clear what they were for.
Great question! Yes, I absolutely write notes on any vague receipts right away while the purchase is still fresh in my mind. For business meals, I jot down who I met with and the business purpose. For supplies or other purchases, I note what project they were for. I also staple any relevant info together - like if I have an email approving a business expense, I'll print and staple it to the receipt. Makes it much easier to justify deductions if you're ever questioned about them.
Has anyone tried using QBO or other accounting software for receipt tracking? I've been thinking of trying that since I already use it for other stuff.
I use QuickBooks for my small business and the receipt capture feature is decent. You take pics in the app and it attaches them to transactions. Not perfect but integrates well if you're already in that ecosystem.
Butch Sledgehammer
Just FYI - if you file by the deadline but don't pay, the penalty is way less than if you don't file at all. Filing on time but paying late = 0.5% penalty per month. Not filing at all = 5% penalty per month!! Always file even if you can't pay!!!
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Serene Snow
ā¢Thank you for this! That's actually really good to know. So I did the right thing by filing even though I can't pay right now. Do you know if there's any way to get the penalties waived? I read something about "first time abatement" somewhere.
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Butch Sledgehammer
ā¢Yes, there is a First Time Penalty Abatement that the IRS offers if you haven't had any penalties in the past 3 tax years. You usually need to call and request it, and they don't automatically tell you about it. It won't waive the interest, but it can remove the failure-to-pay penalties. Definitely worth asking for if this is your first time owing or being late with payment. You typically need to have paid the tax or set up a payment plan before requesting the abatement.
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Freya Ross
Has anyone tried paying with a credit card? I know there's a fee but wondering if it's better than the IRS interest rates??
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Leslie Parker
ā¢I did this last year. The processing fee was around 2% of the tax amount. My credit card had 22% APR, while the IRS interest rate was like 6-7%. So unless you can pay off that credit card REALLY fast or have a 0% intro offer, the IRS plan is usually cheaper.
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