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I've been running an LLC with my brother (electrical contractors) for about 7 years. Definitely go LLC over LLP for construction. Two big reasons: 1) Better liability protection in most states and 2) More flexibility as your business grows. We started as partnership taxation but switched to S-Corp after hitting about $175k in profit to save on self-employment taxes.
How complicated was it to switch from partnership to S-Corp taxation? Did you have to create a new entity or just file some paperwork? Also, ballpark, how much did you save in taxes by making the switch?
The switch wasn't that complicated - just filed Form 8832 to be taxed as a corporation and then Form 2553 for the S-Corp election. Didn't need to create a new entity at all. The LLC remained the same, just the tax treatment changed. As for savings, it varies based on profit levels, but we probably saved around $15,000-$20,000 in self-employment taxes the first year after switching. The key is paying ourselves reasonable salaries (which are subject to FICA taxes) and taking the rest as distributions (which aren't). Just make sure you have a good accountant to help determine what's "reasonable" for your industry and area.
One thing nobody's mentioned - check your state laws! I'm in California and the LLC fees are ridiculous compared to other states. We pay an $800 minimum annual tax PLUS a gross receipts fee that scales up to like $12k for higher revenue businesses. Might impact your decision if you're in a state with high LLC fees.
Nevada is way better for LLCs if you can establish a presence there. No state income tax and way lower fees. That's what my cousin did with his construction business after getting killed with California fees for years.
Have you considered a bookkeeper who partners with a CPA? I pay about $75/month for bookkeeping (they categorize everything, reconcile accounts, provide monthly reports) and then $500 at tax time for my business and personal returns. Ends up being less than what you're paying and I get year-round financial organization too.
That sounds really promising. Do you find the monthly bookkeeping actually helps with your business throughout the year or is it mainly just for tax prep?
It's been incredibly helpful throughout the year. I get monthly profit and loss statements that help me track where money is going, which has helped me identify areas to cut costs. The bookkeeper also helps me understand which parts of my business are most profitable. Tax time is so much easier now too. Instead of scrambling to organize a year's worth of receipts and transactions, everything is already categorized and ready. My CPA literally told me I'm saving money on tax prep because they don't have to spend hours organizing my financial information first.
Why not try doing it yourself with TurboTax Self-Employed? It's what I use for my LLC and personal taxes. Costs about $170 total and walks you through everything. Unless your business is super complicated, it might be worth trying.
I tried that route one year and ended up missing a major deduction that an accountant caught the following year. Software is fine for W-2 employees but business taxes have too many gray areas where professional judgment matters.
17 Have you considered using a tax preparation service like H&R Block or Jackson Hewitt? They're typically less expensive than independent CPAs and often have small business specialists. They also offer year-round support, not just during tax season. I used H&R Block's small business services when I started my etsy shop last year and paid around $350 total for the year, including quarterly estimates and my annual return. Much more affordable than the quotes I got from private CPAs.
1 I was thinking about that! Did they help with identifying deductions throughout the year or was it more just for the filing part? And did you work with the same person each time or get random preparers?
17 They absolutely helped with deductions throughout the year. I had an initial consultation where they set me up with a tracking system for business expenses and explained what to save receipts for. You can request the same preparer each time, which I definitely recommend. I worked with the same woman for all my quarterly stuff and my annual return, which was great because she remembered my business details and could spot trends in my expenses. Just make sure to ask for their small business specialist specifically - the regular preparers might not have the same level of expertise with self-employment taxes.
3 I recently found out that some professional organizations and chambers of commerce offer discounted tax services for members. I joined my local chamber for $175/year and got access to a CPA who charges members 30% less than his regular rate. Might be worth checking if your industry has a professional association with similar benefits.
13 That's actually brilliant. Do they offer other business services too? Might be worth joining for multiple benefits.
Just a heads up for anyone with worthless stocks - make sure you report the correct dates! The IRS considers a stock to be worthless in the year it actually became worthless, not necessarily when you sell it for pennies. For the failed banks last year, the date of FDIC takeover is generally considered the worthless date. Also, keep good records about your cost basis (what you originally paid) because that determines your loss amount. If you bought shares at different times at different prices, you'll need to calculate the average cost or identify specific lots.
What if I already filed my taxes but didn't include these losses? Can I file an amended return to claim them or would that increase my audit risk?
You can absolutely file an amended return to claim losses you forgot to include. Use Form 1040-X for the amendment along with a corrected Schedule D showing the capital losses. The general time limit for filing amendments to claim a refund is within 3 years from the date you filed your original return or within 2 years from when you paid the tax, whichever is later. As for audit risk, claiming legitimate losses you're entitled to shouldn't significantly increase your risk if you have the documentation to support them. Just make sure you keep records showing your basis in the shares and evidence of when they became worthless.
Anyone using TurboTax to report these bank stock losses? I'm trying to figure out where exactly to enter this and if it'll automatically handle the carryforward amounts.
In TurboTax, you need to go to the Investments & Rental Properties section, then select Stocks, Mutual Funds, Bonds, Other. It will ask for the sale information and your cost basis. Make sure to enter your actual sales (even if pennies) rather than just marking it as worthless. It does track carryforward losses automatically for future years.
Issac Nightingale
Something important that nobody has mentioned - technically, at 19, your son might not even qualify as a dependent unless he's a full-time student. The rules change after they turn 19. If he's in college full-time, you can claim him until he's 24, but if he's not a full-time student, he might not qualify as your dependent regardless of who he lives with. Make sure you check the age requirements for dependency claims before you get into a battle with your ex. Also, does your son work? If he provides more than half of his own support, neither of you can claim him.
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Maggie Martinez
ā¢That's a really good point I hadn't considered! He is a full-time college student, so I think I'm still eligible to claim him. He works part-time at the campus bookstore, but I'm definitely providing well over half his support (tuition, housing, food, car insurance, phone, etc.). Do you know if there's any form or documentation I should get from his college to prove he's enrolled full-time? I want to make sure I have everything in order before this becomes an issue with the IRS.
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Issac Nightingale
ā¢You'll want to get a transcript or enrollment verification from his college showing his full-time status for the tax year. Most schools can provide this through their registrar's office or student portal. This is important documentation to have on hand. For the support test, keep records of all those expenses you mentioned. Create a spreadsheet showing what you pay versus what he earns from his job to clearly demonstrate you provide more than half his support. Also, make sure you understand the difference between the Qualifying Child and Qualifying Relative tests for dependents - at 19, he's only a Qualifying Child if he's a full-time student, otherwise you'd need to see if he meets the tests for a Qualifying Relative.
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Romeo Barrett
Has anyone mentioned that your son should be filing his own taxes? At 19, he's an adult, and if he's working (even part-time), he likely needs to file. Maybe just ask him for his SSN directly? Seems weird to go through your ex when he's an adult now. Also, the person who mentioned the full-time student requirement is 100% correct. That's super important in your case since he's over 18.
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Marina Hendrix
ā¢This is what I was thinking too. At 19, why isn't the son just providing his own SSN to his parent? Something seems off about this whole situation. Maybe there's more to the story?
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