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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.
Just to add some clarification since there's confusion in this thread. The April 15 deadline is for when you need to REQUEST the removal of excess deferrals - not when it needs to be processed by. If you document your attempt to request it before April 15 (emails, calls, etc), you've met the deadline even if the actual processing happens later. The IRS understands that plan administrators might not process these immediately. What matters is that you initiated the request before the deadline. Keep all documentation of your attempts to contact them. Also, the tax consequences aren't as bad as many fear. The excess amount will be returned to you along with earnings, and while you'll pay taxes on the earnings in the year received, you won't be double-taxed on the principal amount.
What exactly happens if you miss the deadline completely? Does the IRS automatically find out and penalize you, or is it something that only comes up if you get audited? Asking for a friend who may have missed this deadline last year...
If the excess contributions aren't removed by the deadline, they unfortunately remain in the plan and yes, they can be double-taxed. The excess amount will still be included in your taxable income for the year you made the contribution, and then it will be taxed again when you eventually withdraw it in retirement. There's no immediate penalty per se, but the double taxation is the real cost. The IRS doesn't automatically flag this - it would typically only come up during an audit. However, many plan administrators now report contribution limits to the IRS, so it's becoming more likely to be caught. Your friend should consult with a tax professional about their specific situation as there might be some remediation options depending on their circumstances.
Quick tip that saved me when I was in this situation - if you have Traditional (pre-tax) contributions that put you over the limit, you might be able to redesignate them as after-tax contributions rather than taking a distribution. Some plans allow this and it can be easier than processing a refund. Ask about "recharacterization" when you talk to your plan admins. Also, make sure you check if you're eligible for catch-up contributions if you're over 50 - that gives you an extra $7,500 contribution room for 2025, which might reduce your excess amount.
This is actually incorrect advice that could cause more problems. You can't simply "redesignate" excess 401k contributions as after-tax contributions. The 401k contribution limit applies to the total of traditional and Roth contributions combined. After-tax contributions (non-Roth) are different and subject to the overall annual addition limit, not the employee deferral limit. What you might be thinking of is excess IRA contributions, which can sometimes be recharacterized, but 401k excess deferrals must be distributed with earnings.
You're right and I misspoke. I was confusing 401k with IRA recharacterization options. For 401ks, distribution of the excess is generally the only option. Thanks for the correction! What I should have mentioned is that some 401k plans do have after-tax contribution options (separate from Roth) which have different limits, but that wouldn't help with excess contributions to the regular pre-tax/Roth portion that's subject to the $23,000 limit for 2025.
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.
Christopher Morgan
I worked for the IRS for 11 years. Here's what you need to know: First, verify this is actually from the IRS - the term "Federal Tax Authority" is suspicious. Real IRS notices have specific notice numbers. The IRS CAN seize a primary residence but it's extremely rare and the last resort after many other attempts to collect. If your wife is truly unable to pay due to disability, she likely qualifies for Currently Not Collectible status or possibly an Offer in Compromise (settling for less than owed). Your status as an LPR doesn't affect this situation since the debt and property are in your wife's name. Focus on contacting the IRS Taxpayer Advocate Service (877-777-4778) - they can help navigate hardship situations and often get collection actions paused while you work out a solution.
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William Schwarz
ā¢Thank you for this detailed response. We've checked the letter more carefully and it does have a CP504 notice number on it, so I think it's legitimate. What's the difference between Currently Not Collectible status and an Offer in Compromise? Would either of these permanently resolve the debt or just delay collection?
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Christopher Morgan
ā¢Currently Not Collectible (CNC) status temporarily pauses collection actions when paying the tax debt would create an economic hardship. The debt doesn't go away, but the IRS stops trying to collect while you're in financial hardship. The IRS reviews your status periodically (usually annually) to see if your financial situation has improved. An Offer in Compromise (OIC) is a settlement agreement where the IRS accepts less than the full amount owed to resolve the debt permanently. You have to demonstrate that you cannot pay the full amount due to financial hardship, and they consider your income, expenses, asset equity, and ability to pay. If accepted, you fulfill the terms of the offer (usually a reduced lump sum or payment plan), and the debt is considered paid in full.
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Aurora St.Pierre
Has anyone looked at whether your wife might qualify for Innocent Spouse Relief? If the tax debt was from a joint return and she was unaware of the issues that caused the underpayment, that could be an option. Just throwing it out there since I went through something similar with my ex's tax problems.
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Grace Johnson
ā¢Innocent Spouse Relief only applies if the debt is from a joint tax return where one spouse didn't know about income that wasn't reported or incorrect deductions. From OP's post, it sounds like this is solely the wife's tax debt, not joint debt, so probably wouldn't apply here.
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Aurora St.Pierre
ā¢Thanks for clarifying! You're right - I missed that detail that it's solely in her name. In that case, exploring the hardship provisions others mentioned is probably the better route.
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