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Just to add some clarity on the original question - besides not needing Form 940, you also don't need to file Form 941 (quarterly employment tax returns) either since you don't have employees and aren't on payroll yourselves. What you DO need to focus on is paying your self-employment taxes through your personal tax return (Schedule SE). Since you mentioned it's just you and your husband taking money from the business to live on, those are considered "draws" not wages, and you'll pay self-employment tax (15.3%) on your net business income. Make sure you're setting aside enough for those taxes - they can be a shock if you're not prepared!
Is there any advantage to them putting themselves on actual payroll instead of just taking draws? I've heard something about S-corps saving on self-employment taxes but I'm fuzzy on the details.
There can be significant tax advantages to electing S-corporation status and putting yourself on payroll, but it comes with more complexity and costs. With an S-corp, you can pay yourself a "reasonable salary" subject to employment taxes, then take additional money as distributions that aren't subject to self-employment tax. This can save thousands in self-employment taxes depending on your profit level, but you'll have additional costs: payroll processing, employment tax filings (including Forms 940 and 941), workers' comp insurance, and additional accounting complexity. Generally, businesses making $40,000+ in profit might benefit from this structure, but it's very situation-dependent and requires professional guidance to do correctly.
As someone who's been in the cleaning business for 10+ years, I'd suggest focusing on your business growth now and not worrying about complicated tax strategies like S-corps yet. In the beginning, the simplicity of partnership taxation (which is what your LLC has by default) outweighs the potential tax savings. Just make sure you're tracking all your legitimate business expenses - cleaning supplies, equipment, vehicle mileage, home office deduction if applicable, insurance, marketing costs, etc. These deductions will reduce your taxable income and self-employment taxes.
I represented myself in tax court in 2022 over a $6,700 dispute. Biggest mistake ever. Thought I'd save money but the judge kept asking me about tax code sections I'd never heard of. The IRS attorney referenced cases and precedents I wasn't prepared for. Ended up losing AND had to pay the full amount plus additional penalties that accumulated during the process. If I could do it over, I would have either hired representation or worked out a payment plan with the IRS before it went to court.
This is exactly what I'm afraid of. Did you try calling the IRS beforehand to discuss settlement options, or did you go straight to representing yourself in court?
I tried calling the IRS multiple times but could never get through to anyone helpful. I just got transferred around and eventually disconnected. That's part of why I decided to fight it in court. Looking back, I should have been more persistent about reaching someone at the IRS who could discuss my case before the court date. Many cases get settled before court through their appeals process if you can actually reach the right person.
The tax clinic at the local law school helped me with a similar issue for a fraction of what a private attorney would charge. Many law schools run tax clinics where law students supervised by tax professors represent taxpayers for free or very low cost. Google "low income taxpayer clinic" or "tax clinic law school" plus your city name. Even if you don't qualify as low income, some will still help for a reduced fee. Definitely worth checking before you go it alone.
I think everyone's missing the obvious - if your salary is 62k but W2 shows 55k, that's a 7k difference that needs explaining. Is it possible you're counting bonuses or other compensation that hasn't actually been paid yet? Or did you start the job partway through the year? That would explain why the W2 is less than your annual salary rate.
OP literally said they started the job in May. Reading comprehension ftw. That's obviously why the W2 shows less than the full salary amount.
Something nobody has mentioned yet - check if your employer is calculating your withholding correctly. I had a similar issue where HR was using the old W4 calculation method even with my new W4. When I started mid-year with a new baby, they didn't adjust for my dependent correctly. Worth asking your payroll department how they're calculating your withholding specifically.
That's actually a really good point I hadn't considered. I'll reach out to our HR department to verify they're using the current W4 calculation method. They're a fairly small company so it's possible they're using outdated processes. That could definitely explain the discrepancy. I'm realizing from all these comments that I probably did get the child tax credit benefit, just in my paychecks rather than as a lump sum at tax time. I think I need to decide whether I want more money throughout the year or a bigger refund, then adjust my W4 accordingly.
Just want to add something as someone who's been in the industry for 15+ years - start keeping a tip diary NOW. The IRS actually accepts a daily log as valid documentation. Even a simple note in your phone at the end of each shift with the date and amount will save you tons of headaches. Also, talk to your employer. Many restaurants now have systems to help you report tips properly throughout the year. Some will even withhold extra from your hourly pay to cover the taxes if you ask them to.
What exactly should I be writing down? Just the total amount or do I need to break it down by credit card vs cash tips?
Ideally you should record both your cash and credit card tips separately for each shift. Credit card tips are already tracked by the restaurant's system, but having your own record helps you verify everything's correct. For cash, just the total amount per shift is fine - you don't need to track each individual transaction. Also record the date, which shift you worked (lunch/dinner), and your total sales if possible. This helps establish the reasonableness of your reported tips if there's ever a question. Many servers use tip tracking apps now that make this super simple - just a quick entry at the end of each shift.
Quick tip - don't forget about state taxes too! Everyone's talking about federal but depending on your state you might owe there as well. I'm in California and the state was actually more aggressive than the feds about collecting on my unreported tips.
This is so true. I'm in New York and the state department of taxation came after me even though I'd settled things with the IRS. They have their own penalty structures too.
Margot Quinn
OP, one thing that hasn't been mentioned yet is that different 529 plans have different features and benefits. Some factors to consider: 1. State tax deduction - Some states offer tax deductions for contributions to their own 529 plans. Check if your state offers this benefit. 2. Investment options - Plans vary widely in investment choices. Some have age-based options that automatically become more conservative as your child approaches college age. 3. Fees - Administrative fees and expense ratios can significantly impact growth over time. 4. Flexibility - Recent changes allow 529 funds to be used for K-12 education (up to certain limits) and even student loan repayment. I personally chose my state's plan for the tax deduction, but then later rolled it over to another state's plan that had better investment options and lower fees. You can change plans once per 12-month period without penalty.
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Evelyn Kim
โขCan 529 plans only be used for college? My kids might want to do trade school or something non-traditional. Would a different savings vehicle be better in that case?
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Margot Quinn
โขGreat question! 529 plans have actually become much more flexible in recent years. They can be used for a wide range of education options beyond traditional four-year colleges, including vocational schools, trade programs, technical schools, and even apprenticeship programs registered with the Department of Labor. If you're still concerned about flexibility, another option to consider is a Coverdell Education Savings Account, which allows for more diverse qualified expenses including K-12 costs. However, Coverdells have much lower contribution limits ($2,000 annually) and income restrictions that 529s don't have. Some families also use UGMA/UTMA accounts which have no education restriction but do transfer to the child's control at age of majority (18-21 depending on state), and they don't have the tax advantages of education-specific accounts.
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Diego Fisher
Has anyone mentioned the "kiddie tax" yet? If these college accounts generate significant interest or dividends, it might trigger tax filing requirements for the kids. For 2025, the first $1,250 of unearned income is tax-free, the next $1,250 is taxed at the child's rate, and anything above $2,500 is taxed at the parent's rate.
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Henrietta Beasley
โขKiddie tax typically doesn't apply to 529 plans since the earnings grow tax-free and aren't taxed when withdrawn for qualified education expenses. Are you thinking of UGMA/UTMA accounts maybe?
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