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Liam McGuire

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I'm dealing with a similar situation with my restaurant's ERC claim. Paid 28% to a firm that promised "specialized expertise" but it turned out they just had me fill out basic forms and submit payroll records. The whole process took them maybe 3 hours total for a $45,000 claim. What's really frustrating is that I later discovered my CPA could have handled the entire filing for a flat $2,500 fee, but the ERC company made it sound like it required some kind of specialized tax law knowledge that only they possessed. I'm definitely interested in exploring legal options, especially after reading about the class action mentioned here. Has anyone found success getting partial refunds from these companies outside of lawsuits? I'm wondering if it's worth trying to negotiate directly with them first before going the legal route.

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Jayden Hill

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I tried negotiating directly with the ERC firm that charged me 30% before considering legal action. They basically told me the contract was binding and refused to discuss any refund or fee reduction. Their position was that they "delivered the service as promised" even though that service was essentially just data entry. From what I've learned talking to others in similar situations, these companies rarely negotiate voluntarily because they know most small business owners don't have the time or resources to pursue legal action. They're betting on people just accepting the loss and moving on. That said, it might still be worth a formal written request documenting your concerns about the fee structure relative to services provided - it could strengthen your position if you do decide to join a class action later. Just don't expect them to be cooperative about it.

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Mateo Martinez

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I'm in a very similar boat with my accounting practice - I've been helping several clients navigate the aftermath of working with these ERC mills. What I've seen consistently is that legitimate ERC claims typically require 8-15 hours of work when done properly, including eligibility analysis, documentation review, and form preparation. The problem is many of these contingency firms were essentially running claim factories, processing hundreds of applications with minimal individual attention. A 25% fee on a properly vetted claim might be reasonable, but not when they're just plugging numbers into software and hoping for the best. One thing I'd strongly recommend is getting a second opinion on your claim's legitimacy before your refund comes through. With the IRS crackdown, they're auditing a significant percentage of ERC claims now, and if your original firm cut corners on documentation, you could face penalties that far exceed any contingency fee dispute. I've been referring clients to services like taxr.ai for post-submission reviews to make sure everything is properly documented. Better to identify potential issues now than during an audit later.

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Zoe Kyriakidou

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This is really helpful perspective from someone who's seen this from the professional side. I'm definitely concerned about the audit risk now - my ERC firm seemed way too eager to submit without asking many questions about my specific situation. Quick question: when you mention 8-15 hours for proper ERC work, does that include the initial eligibility determination or just the filing process? I'm trying to figure out if the 2-3 hours my firm spent was as inadequate as it seemed, or if there's legitimate work that happens behind the scenes that I wasn't aware of. Also, have any of your clients who used these "claim factory" firms actually faced audits yet, or is this still mostly theoretical risk at this point?

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Emma Swift

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The tax preparer might have been talking about creating an S-Corporation instead of staying as a sole proprietor. With an S-Corp, you pay yourself a "reasonable salary" which is subject to FICA taxes (Social Security/Medicare) and then can take the rest as distributions which aren't subject to self-employment tax. Some people do this to reduce their overall tax burden, but it only makes sense when you're making significant income. There are additional costs like incorporation fees, separate tax returns, payroll services, etc. For most contractors, just filing Schedule C and Schedule SE is perfectly fine and DOES contribute to your Social Security.

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Hunter Edmunds

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That makes so much more sense now! Do you know roughly what income level makes an S-Corp worth considering? I make about $65k from my contract work. And would I lose any Social Security benefits by doing the S-Corp route versus paying self-employment tax on everything?

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Emma Swift

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The threshold where an S-Corp starts making financial sense is typically around $80,000-$100,000 in profit, so at $65k you're probably better off staying as a sole proprietor for now. The savings come from the portion you take as distributions not being subject to the 15.3% self-employment tax. Regarding Social Security benefits, this is an important consideration. Taking part of your income as distributions would reduce your reported earnings for Social Security purposes, which could potentially lower your future benefits. You're required to pay yourself a "reasonable salary" that's subject to FICA taxes, but anything above that taken as distributions wouldn't count toward your Social Security earnings record. It's a tradeoff between tax savings now versus potentially higher Social Security benefits later.

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Isabella Tucker

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Just to add to this conversation - I've been a 1099 contractor for schools for 7 years now. Make sure you're tracking your quarters of coverage for Social Security! You need 40 quarters (10 years) of coverage to qualify for retirement benefits. For 2025, you need to earn $1,820 in a quarter and pay self-employment tax on it to get credit for that quarter. If you earn $7,280 or more for the year and pay your self-employment taxes, you'll get credit for all four quarters even if you only worked part of the year.

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Jayden Hill

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Is there a way to check how many quarters I've already accumulated? I've worked a mix of W-2 and 1099 jobs over the years and have no idea where I stand.

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Dylan Cooper

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I completely understand your frustration - watching a huge chunk of your overtime pay disappear to taxes is painful! But as others have mentioned, claiming exempt when you don't qualify could get you into trouble. Here's a practical approach that worked for me in a similar situation: Pull out last year's tax return and look at line 24 (your total tax liability). If you've already withheld that amount or more this year with your $19K, you're protected by the safe harbor rule and can safely reduce your withholding significantly. The key is adjusting your W-4, not going fully exempt. On the new W-4 form, you can use Step 4(b) to enter a larger deduction amount that will reduce your per-paycheck withholding. It takes some math to figure out exactly what to enter, but you can reduce withholding by quite a bit while still having something taken out. I'd also recommend running your numbers through a withholding calculator first - either the IRS one or one of the third-party tools mentioned here. That way you can see exactly how much you can safely reduce without risking underpayment penalties. You'll likely still get a refund, just a smaller one, and you'll have that extra cash now instead of waiting until tax season!

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This is exactly the kind of balanced approach I was looking for! I really appreciate you breaking down the safe harbor rule - I had heard about it but wasn't sure how it actually worked. Looking at last year's return is such a smart starting point. I'm definitely going to avoid the exempt route after reading all these responses. The W-4 adjustment seems like the way to go, though I'm still a bit intimidated by the math involved with the new form. Did you use any specific calculator to figure out what deduction amount to enter in Step 4(b), or did you just estimate and then adjust after seeing your first paycheck? Also, when you say you can "reduce withholding by quite a bit," do you have a rough sense of what percentage reduction you were able to achieve while still staying safe? I'm hoping I can get at least 50-60% more of my overtime pay without running into issues.

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Chloe Taylor

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@Anastasia Sokolov I used a combination of approaches to figure out the right amount. First, I tried the IRS withholding calculator, but honestly found it confusing for this specific end-of-year adjustment scenario. Then I did some rough math based on my tax bracket - if you re'in the 22% bracket and want $300 less withheld per paycheck, you d'need to increase your deductions by roughly $300 รท 0.22 per pay period. But I ll'be honest - I ended up estimating conservatively and then monitored my first adjusted paycheck closely. You can always submit another W-4 if you need to fine-tune it further. As for percentage reduction, I was able to reduce my withholding by about 65% for my last few checks while staying well within the safe harbor protection. The key was that I d'already paid more than my prior year s'total tax liability, so I had a lot of room to work with. Your 50-60% goal sounds very achievable if you re'in a similar situation with that $19K already paid in! Just remember to keep some withholding happening - even if it s'minimal - rather than going completely exempt. That way you avoid any potential scrutiny while still getting most of your overtime money now instead of waiting for a refund.

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Charlie Yang

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I totally get the frustration of watching your hard-earned overtime get eaten up by taxes! But definitely don't go the exempt route - that's only for people who expect zero tax liability for the year, which clearly isn't your situation with $19K already paid. Here's what I'd recommend: grab last year's tax return and check line 24 (total tax). If you've already withheld that amount or more this year, you're in the safe harbor zone and can significantly reduce your withholding for these last checks without penalty risk. The trick is adjusting your W-4 properly rather than going exempt. You'll want to use Step 4(b) to enter a higher deduction amount that reduces your per-paycheck withholding. The math isn't straightforward with the new W-4 form, but you can often reduce withholding by 60-70% while still having something taken out. I was in almost this exact spot last year and ended up keeping about $600 more from my December overtime while still getting a small refund. Way better than waiting until February for that money back! Just make sure you're still withholding something reasonable - complete exemption could raise flags even if you're technically protected. Consider using one of those withholding calculators people mentioned to dial in the exact numbers. Better to do it right than guess and potentially create headaches later!

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Monique Byrd

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This is really solid advice! I'm in a very similar situation and was honestly tempted to just go exempt for my last few checks, but you're absolutely right that it's not worth the risk. The safe harbor rule explanation is super helpful - I never knew about looking at line 24 from last year's return as the benchmark. One quick question though - when you mention using Step 4(b) to enter a higher deduction amount, did you run into any issues with your employer's payroll system accepting a large number there? I'm worried HR might flag it or ask questions. Also, that 60-70% reduction sounds amazing - was that pretty consistent across your remaining paychecks, or did it vary based on the overtime amounts? I think I'm going to try one of those calculators first to get the math right. Better to be precise than wing it and end up owing more than expected come tax time!

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Emma Wilson

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Anyone know if Qualified Terminable Interest Property (QTIP) trusts have different tax rules? My spouse and I are updating our estate plan and our attorney mentioned QTIP but I'm not sure about the tax implications.

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QuantumLeap

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QTIP trusts are mainly for estate tax purposes - they let you provide for your spouse while still controlling where assets go after they die. Income is taxed to your spouse during their lifetime, and assets are included in their estate for estate tax purposes. They qualify for the marital deduction so no estate tax when the first spouse dies.

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NeonNinja

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One thing to consider that hasn't been mentioned much is the "throwback rule" for complex trusts. If a trust accumulates income for several years and then makes a large distribution to beneficiaries, the IRS can "throw back" that income to prior years and tax it at higher rates, plus add interest charges. This can create a nasty surprise for beneficiaries who receive distributions from trusts that have been accumulating income. Also, watch out for state tax implications - some states don't recognize grantor trust status and will tax trust income at the state level even if it's flowing through to you federally. Others have no state income tax on trusts at all. The state where the trust is established, where the trustee resides, and where beneficiaries live can all potentially create tax obligations. If you're thinking about funding the trust with appreciated assets, remember that trusts don't get a stepped-up basis like inherited property does. So if you put stock worth $100k (that you bought for $20k) into a non-grantor trust, and the trust later sells it, the trust pays capital gains tax on the full $80k gain.

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Freya Andersen

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This is really helpful info about the throwback rule and state tax complications! I had no idea about the stepped-up basis issue either. So if I'm understanding correctly, it might actually be better to leave appreciated assets in my personal name and only put cash or income-producing assets into a trust? That way I could get the stepped-up basis benefit when I pass away, rather than having the trust pay capital gains on assets I've held for years. Are there any exceptions to this rule, or is it pretty much always the case that trusts don't get stepped-up basis?

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Mohammed Khan

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As someone who's been getting Robinhood 1099s for years now, my advice: look at page 1 or 2 for the summary section. It should have totals for short-term gains/losses, long-term gains/losses, dividends, and interest. Those are the big numbers that affect your taxes. Don't get lost in the transaction details unless you need to verify something specific.

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Madison Allen

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Thanks for this! I found the summary page and it looks like I have about $2,300 in short-term capital gains and $340 in dividends. So I'm guessing I'll owe taxes on that $2,640 based on my tax bracket? Does that sound right?

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Mohammed Khan

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Yes, that's the right approach. You'll pay taxes on those amounts based on your tax bracket. The short-term gains ($2,300) will be taxed at your ordinary income rate, same as your paycheck. The dividends might be qualified dividends (check if they are) which would be taxed at the lower long-term capital gains rate. So if you're in, say, the 22% tax bracket, you might owe around $506 for the short-term gains and perhaps $51 for the dividends (assuming 15% qualified dividend rate), totaling around $557. This is a rough estimate though - your actual situation might have more factors involved.

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Zara Shah

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One thing I learned the hard way with my first Robinhood 1099 - make sure to check if you have any state tax implications too! Some states don't tax capital gains at all, while others tax them as regular income. Also, if you made estimated tax payments during the year, don't forget to account for those when calculating what you might still owe. The federal tax estimate is just part of the picture. I ended up owing way less than I thought because I had forgotten about the quarterly payments I made through my business. Good luck with your first investment tax filing - it gets easier once you understand the format!

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