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Ask the community...

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Ev Luca

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I own both an S corp and a C corp (different businesses) and have dealt with compensation issues for both. Here's my practical experience: For my S corp, I make sure to pay myself a salary in line with industry standards before taking any distributions. I use the Department of Labor stats for my area and profession as a guide. For my C corp, I actually do the opposite math. Since dividends are taxed twice (corporate level and then personal), I generally want to take more salary (which is deductible to the corporation) and fewer dividends. But the salary still needs to be "reasonable" - too high and it could be reclassified as dividends. The key is documentation. Whatever you decide for either entity type, document WHY your compensation is reasonable with market research, job descriptions, hours worked, etc.

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Avery Davis

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How exactly do you document this? Do you just keep records in case of an audit, or do you need to file something special with your tax returns showing your justification?

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Ev Luca

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I keep detailed internal records rather than filing additional documents with tax returns. My documentation includes industry compensation surveys for similar positions, a detailed job description outlining all my responsibilities, logs of hours worked in various capacities, and board meeting minutes approving my compensation with reference to these factors. I also maintain records of my professional qualifications, training, and unique skills that justify my compensation level. In my S corp, I document dividend distributions separately, making it clear they're not disguised salary. For my C corp, I document why my salary is appropriate for my role and not artificially inflated to avoid dividend taxation.

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Collins Angel

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One thing nobody's mentioned yet is that the "reasonable compensation" standard comes from different parts of the tax code for S corps vs C corps! For S corps, it comes from employment tax regulations - basically saying you can't avoid payroll taxes by taking distributions instead of salary. For C corps, it comes from Code Section 162 about "ordinary and necessary" business expenses - meaning the corporation can't deduct excessive compensation as a business expense. So while both entity types have to deal with reasonable compensation, they're actually based on different legal foundations, which is why the enforcement focuses on different issues (too low for S corps, too high for C corps).

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Marcelle Drum

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That's really interesting! So theoretically, could a C corp owner take a very low salary (or no salary) and just dividends, and be technically compliant with the tax code? Would there be any other issues with doing that besides the obvious double taxation problem?

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Chloe Zhang

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Great point about the different legal foundations! To answer your question - technically, a C corp owner could take very low/no salary and just dividends without violating the "reasonable compensation" rules that apply to C corps (since those focus on excessive compensation). However, there could still be other issues beyond double taxation. The Department of Labor might have concerns if you're performing services without being classified as an employee, and some states have specific requirements about officer compensation. Plus, taking no salary means missing out on Social Security/Medicare credits and potentially looking suspicious to the IRS even if it's not technically prohibited. The tax inefficiency usually makes this approach impractical anyway.

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Hugo Kass

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I see everyone talking about Schedule C vs E, but has anyone mentioned state taxes? Depending on your state, you might need to file additional forms for your self-employment income. I stream on Twitch in California and had to file a Schedule CA too.

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Nasira Ibanez

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Good point! In New York I had to file an IT-201 and IT-2, which had boxes specifically for self-employment tax. The state forms were actually more confusing than the federal ones.

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Nalani Liu

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I went through this exact same situation last year with my Twitch streaming! The confusion about "royalties" vs "self-employment" is so common. Here's what I learned after consulting with a tax professional: Even though Twitch reports your income as "royalties" in box 2 of the 1099-MISC, the IRS considers content creation (streaming, making videos, etc.) as self-employment income because you're actively working to generate it. This means Schedule C is correct, not Schedule E. Since you're operating at a loss ($800 expenses vs $650 income), you actually won't owe any self-employment tax this year, but you still need to file Schedule SE to show that calculation. The good news is that $150 loss can offset some of your other income from your full-time job, potentially saving you money on your overall tax bill. Make sure you're deducting everything legitimate - equipment, software, portion of internet bill, even a percentage of your home office space if you have a dedicated streaming area. Keep detailed records because the IRS can be picky about hobby vs business distinctions if you show losses multiple years in a row. Don't let the tax software confusion stress you out too much - this is a really common issue for content creators and you're not alone in finding it confusing!

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Kelsey Chin

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This is super helpful! I'm new to all this tax stuff and been stressing about whether I'm doing it right. Quick question - you mentioned deducting a percentage of home office space. How do you calculate that percentage? Is it based on square footage of the room I stream in compared to my whole house, or is there a different way to figure it out? Also, when you say "keep detailed records" for the hobby vs business thing, what kind of records specifically? I've been saving receipts for equipment but wasn't sure what else I should be tracking.

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One thing I learned the hard way is that the type of assets you transfer into the trust can have different tax implications. We initially planned to fund our children's trust with appreciated stock, but our attorney explained that transferring appreciated assets to an irrevocable trust means losing the potential step-up in basis that would occur if we held them until death. For example, if you have stock worth $100k that you originally bought for $20k, transferring it to an irrevocable trust locks in that $20k basis. If your kids eventually sell it, they'll pay capital gains on the full $80k appreciation. But if you kept it and passed it through your estate, they'd get a stepped-up basis to the $100k value. We ended up funding the trust with cash instead and keeping the appreciated assets in our names. Just something to consider when you're deciding what assets to use for the $650k transfer. Your estate planning attorney should definitely walk through these basis considerations with you!

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Summer Green

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This is such an important point that often gets overlooked! I wish I had known about the basis step-up issue before we set up our trust. We made the same mistake of transferring appreciated real estate into our irrevocable trust, and now our kids will face a huge capital gains bill if they ever sell the property. For anyone reading this - definitely run the numbers on what the tax impact will be for your beneficiaries down the road. Sometimes it's worth paying estate taxes later to preserve that stepped-up basis, especially if you have assets that have appreciated significantly. The tax savings from the step-up can be much larger than the estate tax you might avoid with the trust. Our financial advisor suggested we could have kept the appreciated assets and used life insurance to pay any potential estate taxes instead. Hindsight is 20/20!

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Great question! I went through this same process about two years ago when we set up a trust for our kids after my mother passed away. The good news is that there are typically no immediate taxes just for *creating* the trust structure itself. However, once you transfer that $650k into the trust, that's when the tax considerations kick in depending on what type of trust you establish. A few key points from my experience: - If you go with a revocable trust (where you maintain control), it's still considered your asset for tax purposes, so no immediate gift tax issues - For irrevocable trusts, you'll be making a gift to the trust which uses your lifetime gift tax exemption ($13.61M for 2024), but with $650k you're well under that limit - You'll still need to file Form 709 (gift tax return) even if no tax is owed - just for documentation - The trust will need its own EIN and may need to file Form 1041 annually if it generates income over $600 One thing I'd definitely recommend is discussing the timing of when you fund the trust vs. when you actually establish it. We spread our funding over two tax years to use both my wife's and my annual gift exclusions more effectively. Smart move meeting with an estate planning attorney - they'll help you structure everything to minimize ongoing tax complications!

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Ava Rodriguez

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This is really helpful, Sebastian! Quick follow-up question - when you mentioned spreading the funding over two tax years to use annual gift exclusions more effectively, how exactly did that work? With three kids as beneficiaries, are you able to use the $18,000 annual exclusion for each child separately when funding the trust, or does the entire transfer to the trust count as one gift regardless of the number of beneficiaries? I'm trying to figure out if we could potentially structure our $650k transfer in a way that maximizes our annual exclusions before dipping into the lifetime exemption. Our attorney mentioned something about this but I want to understand the mechanics before our meeting.

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Zoe Stavros

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As someone who recently navigated a similar non-resident alien tax situation, I wanted to share a few practical tips that helped me get through the HSA and IRA filing process. For the Form 8889 issue with Sprintax - I found it helpful to complete the Sprintax return first, then print out a draft to see exactly where the HSA deduction should flow. The key is making sure the deduction amount from Form 8889 gets properly reflected on Schedule 1, Line 13, and then recalculating your AGI manually. I used a simple spreadsheet to track the adjustments and make sure everything balanced. One thing I learned the hard way - if you're filing electronically through Sprintax, you'll need to print and mail your return anyway once you attach the manual Form 8889. The IRS systems can't process mixed electronic/paper filings, so you lose the e-file option. For the IRA deduction question - since you mentioned you're on a TN visa from Canada, you should definitely be eligible for the deduction assuming you meet the income requirements. The US-Canada tax treaty actually has favorable provisions for retirement savings. Just make sure you're not also claiming RRSP contributions in Canada for the same income, as that could create treaty complications. One final tip - keep detailed records of all your manual calculations and adjustments. If the IRS has questions later, you'll want to be able to show exactly how you arrived at your numbers.

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Ava Kim

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This is incredibly helpful! I'm just starting to deal with my non-resident alien filing and the manual calculation part seems daunting. When you say you used a spreadsheet to track adjustments - did you basically recreate all the tax calculations that Sprintax did, or just the parts affected by the HSA deduction? Also, the point about losing e-file capability is something I hadn't considered. Do you know if there's any way to still get faster processing, or does mailing it in mean waiting the full 6-8 weeks for any refund?

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@Ava Kim For the spreadsheet tracking, I didn t'recreate all of Sprintax s'calculations - just the key ones affected by adding the HSA deduction. Specifically, I tracked the AGI adjustment subtracting (the HSA contribution ,)then recalculated the standard deduction application, taxable income, and final tax liability. The math is pretty straightforward once you have the HSA amount from Form 8889. Unfortunately, mailing does mean slower processing. Paper returns typically take 6-8 weeks minimum, sometimes longer during busy season. There s'no way around this when you have to attach manual forms that the e-file system can t'handle. The trade-off is getting your deductions properly claimed versus faster processing. One small tip - if you re'expecting a refund, make sure to double-check your bank account information on the return since direct deposit can still work even with paper filing, which speeds up the refund portion once they process it.

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Lily Young

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I wanted to add another perspective as someone who dealt with a similar HSA/IRA situation as a non-resident alien. One thing that caught me off guard was the timing requirements for HSA contributions versus when you can actually claim the deduction. Even though you can contribute to your HSA through April 15th for the previous tax year, if you're manually filing Form 8889 with your non-resident return, you'll want to make sure all contributions are actually completed before you file. Unlike regular filers who might estimate and adjust later, the manual process makes corrections much more complicated. For your IRA situation on the TN visa - definitely confirm your contribution limits based on your earned income. As a non-resident alien, you can only contribute up to 100% of your US earned income or the annual limit ($7,000 for 2024), whichever is less. This is different from residents who might have other forms of compensation that count. Also, one practical tip for the Sprintax + manual Form 8889 approach - complete everything in Sprintax first, then print the entire return. Fill out Form 8889 separately, and physically attach it to the printed return before mailing. Don't try to modify the Sprintax PDF directly as it can cause formatting issues that might confuse IRS processing. The manual recalculation process mentioned by others is definitely doable - I found it helpful to work backwards from the final tax owed to make sure my adjustments were correct.

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CyberSiren

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This is really helpful timing advice! I'm actually in the middle of this exact situation right now. One question about the HSA contribution timing - if I made contributions through payroll deduction throughout 2024 but also made some additional direct contributions in early 2025 (before April 15), do I need to wait for those direct contributions to fully process before filing? My bank shows them as pending but not yet posted to the HSA account. I'm worried about claiming a deduction for contributions that might not technically be "made" yet according to IRS rules, especially since I'm already doing the manual Form 8889 process. Also, regarding the earned income limit for IRA contributions - does this include only salary/wages, or would it also include things like bonuses or stock compensation that show up on my W-2? My situation is a bit more complex since I have both regular salary and some equity compensation.

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Hailey O'Leary

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Welcome to the community! Your situation is actually quite common among startup founders, and the good news is that you're not in uncharted territory here. From my experience helping other founders with similar issues, the most important thing to understand is that your timely 30-day filing is what legally establishes your 83(b) election. The tax return attachment requirement is essentially a backup notification to ensure the IRS has the documentation in the right place when they process your return. Here's what I'd recommend for your cover letter to maximize clarity: - Include your full legal name exactly as it appears on your tax return - Your SSN and the specific tax year (2024 for your 2025 filing) - A clear statement: "This 83(b) election is submitted as supplemental documentation to my e-filed 2024 tax return" - The original filing date of your 83(b) election - Your business name and the date you purchased the restricted stock The IRS processing systems are actually pretty good at matching these supplemental submissions when you provide clear identifying information. I haven't seen cases where properly documented supplemental 83(b) elections got lost in the system, especially when sent via certified mail. One additional tip: consider keeping a copy of this submission with your corporate records alongside your original 83(b) filing. If you ever need to prove the election was made (during future financing rounds, audits, etc.), having this complete paper trail will be invaluable. You're being appropriately proactive about this - better to handle it now than discover an issue later when the stakes are higher!

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Kayla Morgan

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This is such valuable advice! As someone who just went through the same panic about forgetting the tax return attachment, I really appreciate how you've broken down exactly what to include in the cover letter. The specific language suggestions are super helpful. Your point about keeping this documentation with corporate records is something I hadn't even thought of but makes total sense. With a startup, you never know when you might need to prove the timing of your 83(b) election to investors, auditors, or even potential acquirers down the line. I'm definitely feeling much more confident about handling this now. It's amazing how something that seemed like a potentially major problem yesterday now feels like a straightforward administrative task. The startup world has enough stress without worrying about tax compliance issues that have clear solutions! Thanks again for taking the time to share such detailed guidance. This community has been a lifesaver for navigating these startup equity complexities.

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As someone who's been through this exact scenario, I can definitely relate to the stress you're feeling! The good news is that you've already completed the most crucial step by filing your 83(b) election within the 30-day window after purchasing your restricted stock. I had a similar situation with my startup last year - filed the 83(b) on time but completely forgot about including it with my tax return until after I'd already e-filed. The panic was real, especially knowing the potential phantom income implications with a 4-year vesting schedule. Here's what worked for me: I sent a straightforward cover letter to the IRS Fresno processing center explaining that I had timely filed my 83(b) election but inadvertently omitted it from my e-filed return. I included my name, SSN, tax year, and clearly stated this was supplemental documentation for my already-processed return. I attached a clean copy of my original 83(b) election and sent everything via certified mail. The key is being clear and direct - no need for complex language or amended returns. The IRS processing centers handle these supplemental 83(b) submissions regularly, and as long as you provide proper identifying information, they're quite good at matching it to your tax return. Since you filed within the initial 30-day deadline, your election should be legally valid. The supplemental submission just ensures everything is properly documented in their system. Given the stakes with your vesting schedule, getting this sorted now will definitely give you peace of mind going forward.

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