


Ask the community...
One thing nobody's mentioned yet - make sure you're filing your state taxes too! I caught up on my federal taxes a few years ago but completely forgot about state taxes. Ended up with a nasty surprise from my state tax authority a year later. Also, if you had any significant life changes during those unfiled years (marriage, kids, buying property, etc.), you might qualify for credits or deductions you're not aware of. This is where a tax professional can really save you money.
Oh geez, I didn't even think about state taxes! I moved from California to Texas during this period, so I guess I'll need to file a partial year return for California? This is getting complicated fast.
Yes, you'll need to file a part-year resident return for California covering the period you lived there. The good news is that Texas doesn't have state income tax, so you won't need to file there. California is particularly aggressive about collecting taxes, so definitely prioritize getting that part-year return filed. They'll want to see exactly when you established residency in Texas. Keep any documentation showing your move date (lease agreements, utility setup, driver's license change, etc.).
Jst wanted to share my experience - I didn't file for 4 yrs bc of depression after my mom died. When I finally did my taxes, I was actually OWED money for 3 of those years!! But I could only get refunds for 3 yrs back, so I lost a whole year of refund money (like $1200) bc I waited too long. so moral of story: file ASAP!! If u might be getting refunds don't wait or u lose that $$$
One thing nobody's mentioned yet - make sure you keep the equipment separate from personal gym stuff if possible. I set up a dedicated space in my basement that's ONLY for business use (filming workout videos, client consultations etc) and a separate area for my personal workouts. Really helped avoid any issues with the biz/personal allocation percentages. My accountant said this physical separation makes it much easier to defend the deduction if you ever get audited. Also take "before" pictures of the space so you can prove it was set up specifically for business.
What about if you have limited space? I'm in a small apartment and can't really have "separate" areas - I'll be using the same corner for filming AND my personal workouts. Does that make the deduction impossible?
Having limited space doesn't make deductions impossible, but you'll need to be more careful with documentation. Track usage hours meticulously - note when you're using equipment for business (creating content, client demos) versus personal use. Take photos of your "business setup" with lighting, camera position, etc., then photos of normal personal use. You'll likely need to calculate a percentage based on hours of business use vs. total use. For example, if you use the equipment 10 hours weekly with 7 hours for business purposes, you could reasonably claim 70% business use. Just be honest and have documentation to back up whatever percentage you claim.
Dont overthink this! Just buy whatever equipment you need, save the receipts, and let your tax person figure it out next year. That's literally what they get paid for lol. I started my tennis coaching business last year and bought rackets months before my first client, it all worked out fine on my taxes.
One strategy some cannabis businesses use is separating their operations into multiple entities. For example, having one company that directly handles the cannabis (subject to 280E) and another that handles real estate, equipment, intellectual property, etc. The non-plant-touching business can potentially take normal deductions while charging the cannabis business for services or licenses. This needs to be done very carefully with proper legal and tax advice though - the IRS is well aware of this strategy.
Doesn't the IRS consider this tax evasion? I heard they've been auditing cannabis companies and looking specifically for these kinds of arrangements.
It's not tax evasion if structured properly with legitimate business purposes for each entity, appropriate transfer pricing, and proper documentation. The key is that each business must be a genuine operation with real commercial purpose beyond just tax savings. What the IRS looks for is sham arrangements where the separation is only on paper. You need separate books, bank accounts, operations, employees, etc. It's complex and definitely requires specialized cannabis tax and legal advisors to set up correctly. There have indeed been audits targeting improper versions of this strategy.
Is anyone else getting nervous about these "schedule III" rumors? I'm skeptical anything will actually change after all the false starts. My dispensary has been operating for 3 years and I've just accepted that 280E is the cost of doing business. We focus on maximizing what we include in COGS instead of hoping for federal changes.
It's not just rumors at this point - the DEA formally proposed rescheduling to Schedule III in May. That's significant progress. But you're right to be cautious about timeline expectations. The regulatory process isn't quick. Smart to focus on what you can control with COGS optimization in the meantime.
Just a heads up - if you do file Form SS-8 and the IRS determines you've been misclassified, be prepared for potential fallout with your employer. Some get angry when workers challenge their classification. Make sure you document EVERYTHING about your work arrangement (schedules, texts/emails about attendance requirements, photos of company equipment if possible). In my experience, employers who misclassify workers often have other labor violations happening too. You might want to contact your state's Department of Labor as well, since misclassification usually means you've been denied overtime pay, workers' comp coverage, and unemployment insurance.
Thank you for bringing this up. I'm worried about rocking the boat too much since I need this job right now. Is there a way to file these forms without my employer knowing it was me specifically? Or would they immediately know who reported them?
Unfortunately, the SS-8 process isn't anonymous. When you file Form SS-8, the IRS will contact your employer for their side of the story, so they'll know you initiated the process. Some people wait until they've found a new job before filing. If you're concerned about immediate retaliation but still want to address the issue, you could try having an honest conversation with your employer first. Sometimes misclassification happens due to ignorance rather than malice. You could share information about proper classification guidelines and express your concerns about the self-employment tax burden. Document this conversation in case you need it later as evidence of when you raised the issue.
I was in almost the exact same situation with a cleaning company! The biggest red flag is that they're setting your schedule and telling you when to arrive/leave. I use TurboTax and they have a simple employee vs. contractor questionnaire that helps determine correct classification. Have you tried using any tax software yet?
I've been using H&R Block for years and they have something similar. The questions are pretty straightforward and it becomes really obvious when someone should be an employee vs contractor. With fixed hours, company equipment, and direct supervision, it's clear-cut employee territory.
Ava Williams
Quick tip from someone who's been through the ERTC claim process - make copies of EVERYTHING before you mail it. I mean everything - your 941-X forms, any supporting documentation, even the envelope you're sending it in. Take pictures too. The IRS has been known to lose paperwork, and having proof of exactly what you sent and when can save you major headaches down the road. Use certified mail with return receipt as others suggested. And keep a detailed log of any communications with the IRS including dates, times, and names of representatives you speak with.
0 coins
Miguel Castro
ā¢Does it help to send it via Priority Mail or does regular certified mail work fine? Also wondering if I should call the IRS first to verify the correct mailing address for 941-X forms?
0 coins
Ava Williams
ā¢Regular certified mail with return receipt is perfectly fine. The key is having that tracking number and delivery confirmation, not the speed of delivery. I wouldn't bother calling the IRS just to verify the address - those addresses are listed in the 941-X instructions and rarely change. Plus, getting through to someone just to ask about an address will be a huge waste of time. Just double-check the address in the most current version of the instructions (available on irs.gov) and you'll be good to go.
0 coins
Zainab Ibrahim
I'm confused about something else related to the 941-X. When claiming ERTC, do we need to issue corrected W-2s to employees since we're reducing the wages we previously reported? My payroll company is giving me mixed messages.
0 coins
PixelWarrior
ā¢No, you don't need to issue corrected W-2s for ERTC claims. The ERTC doesn't change the wages you paid your employees or what was reported on their W-2s. The credit is based on qualified wages, but claiming it doesn't retroactively reduce the actual wages paid to employees. It's a credit for the employer only. The employees' taxable income and withholding amounts remain the same, so the original W-2s remain correct.
0 coins