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Just to add another option to consider - have you looked into whether a cost sharing arrangement might be more appropriate instead of loans? Since you mentioned both entities are doing R&D and collaborating closely, this could align better with the actual business substance. A properly structured cost sharing agreement would allocate development costs between the entities based on expected benefits. This might make more sense than loans if the goal is joint development of IP rather than just funding operations.
That's an interesting approach I hadn't considered. Would that be simpler to manage than tracking all these loan amounts and interest calculations? What kind of documentation would we need for a cost sharing arrangement?
A cost sharing arrangement could be simpler operationally but requires careful upfront documentation. You'd need a formal agreement specifying how costs will be allocated (usually based on projected benefits like expected sales or profits in each territory), which costs qualify for sharing, and how developed IP will be owned. The documentation is actually quite extensive. You'll need economic analysis to support your allocation method, regular documentation of actual costs incurred, and annual true-ups if estimates differ from reality. The IRS scrutinizes these arrangements closely under Section 482, so you'd want to prepare a transfer pricing study to support your approach.
Has anyone here dealt with currency exchange issues when doing intercompany loans to foreign subs? We keep losing money on exchange rate fluctuations and I'm not sure how to handle that on our returns.
Something else to consider - since you're a SAHM with 2 kids, make sure your husband is claiming the right filing status and claiming the Child Tax Credit for both children. Also look into the Child and Dependent Care Credit if you have any qualifying expenses. These can significantly reduce what you owe. Also, if your husband is truly self-employed (getting 1099s, not W-2s), he should absolutely be making quarterly estimated tax payments going forward. This will prevent this problem next year. The IRS has a worksheet to figure out how much he should pay each quarter.
Thanks for bringing this up! We are claiming the Child Tax Credit for both kids, but I'm not sure if we've maxed it out. My husband does get 1099s and I know he needs to do the quarterly payments but honestly we never knew how to calculate them properly. Is there a simple formula to figure out roughly how much we should set aside from each check?
A simple rule of thumb is to set aside about 25-30% of his 1099 income for taxes. This covers both income tax and self-employment tax (which is roughly 15.3% alone). For proper quarterly payments, you can use the IRS Form 1040-ES worksheet, which helps calculate your required payments based on expected income. The due dates are April 15, June 15, September 15, and January 15 of the following year. Setting up a separate savings account just for taxes can be really helpful - deposit that percentage from each check immediately before you're tempted to spend it.
Has anyone mentioned that as a contractor, your husband could possibly open a SEP IRA or Solo 401k? Contributing to retirement can lower your taxable income significantly. It might be too late for last year, but definitely something to consider for this year to avoid a repeat situation!
This is great advice! I'm a contractor too and opened a SEP IRA last year. Was able to contribute almost 20% of my income and it dropped me into a lower tax bracket. Saved me thousands.
Anyone tried FreeTaxUSA? After using TurboTax for years and feeling ripped off by their constant upselling, I switched last year and it handled my rental property and side business perfectly. Federal filing is free and state was only $15. Just wondering if others have had good experiences with it for situations like OP's.
I've used FreeTaxUSA for the last three years including for my small business (Etsy shop) and rental property. It's handled everything perfectly and I've never had an issue. The interface isn't as pretty as TurboTax but it asks all the same questions and I've gotten identical results when I've compared them side by side. Saved me like $120 each year.
Another thing to consider is timing. CPAs get absolutely slammed during tax season and many won't take new clients after February. If you're considering going the CPA route, start calling around NOW to get on someone's calendar, especially with your small business component. The good ones book up extremely early.
One thing nobody's mentioned is that your husband should look into the Voluntary Disclosure Program. By coming forward voluntarily before any IRS enforcement actions, you might be able to get some penalties reduced. Make sure your CPA is exploring ALL options for penalty abatement. Each year might be handled differently depending on circumstances.
Thank you for mentioning this! I had no idea this was a thing. I'll definitely ask our CPA about the Voluntary Disclosure Program. Is there anything specific we need to do to qualify for this?
You're already taking the right first step by working with a CPA to file all the past returns. The key requirements are that you're coming forward voluntarily (before the IRS contacts you about the unfiled returns) and that you're filing accurate returns for all missing years. Make sure your CPA specifically requests penalty abatement using Form 843. They should cite "reasonable cause" and explain the circumstances that led to the unfiled returns. Having professional help with this process is crucial because the specific language and approach matter a lot in how the IRS responds.
I'd be really worried about the house and other assets. My brother didn't file for just 2 years and they put a lien on his house!!! Make sure your name is not on anything important if possible.
That's not entirely accurate. The IRS doesn't immediately put liens on property, especially if you're voluntarily coming forward. They typically only place liens after multiple notices and lack of response or cooperation.
Malik Jackson
Something important that hasn't been mentioned yet - make sure you document everything about your business growth strategy. If you're keeping profits in the business for expansion, have a written business plan that outlines your capital needs, timeline for growth, and eventual transition strategy. This documentation becomes critical if you're ever questioned about why you took minimal/no salary. Courts have repeatedly sided with business owners who can demonstrate legitimate business purposes for retaining earnings versus those who just seem to be avoiding payroll taxes. Also, consider having your board of directors (even if it's just you wearing different hats) formally approve your compensation and capital retention strategy in corporate minutes. These formal governance steps make your intentions much clearer if scrutinized later.
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StardustSeeker
β’This is really helpful advice. I hadn't thought about documenting the strategy formally. Is there a specific format you'd recommend for this kind of business plan? Also, does the board approval need to happen annually or just once when implementing the strategy?
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Malik Jackson
β’There's no required format, but I'd recommend including projected capital needs, specific growth milestones, timeline for expansion, and how the retained earnings will be used. Make it clear this is a temporary strategy until the business can support you full-time. Board approvals should definitely happen annually. At minimum, you should have annual minutes documenting review of the compensation strategy and business progress. Each year, note how the retained capital is being used toward your stated goals and reaffirm the strategy. This creates a pattern of consistent business purpose rather than looking like an afterthought if questioned.
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Isabella Oliveira
Has anyone actually been audited for NOT taking a salary from their S-corp? I've been running mine for 3 years and taking distributions but no salary (I know, I know) and haven't had any issues. Wondering if this is one of those things tax professionals warn about but rarely happens?
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Ravi Patel
β’YES! My brother-in-law got absolutely hammered for this exact situation. Ran his consulting S-corp for 2 years taking zero salary and only distributions. Got audited, and the IRS reclassified ALL his distributions as salary, meaning he owed back payroll taxes plus penalties and interest. Cost him over $30k when all was said and done. They specifically target S-corps for this issue because it's such a common tax avoidance strategy.
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