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This has been such an enlightening thread! I'm in a nearly identical situation with our marketing consultancy LLC. My partner contributed initial funding but does zero operational work, while I handle everything - client acquisition, project delivery, invoicing, you name it. After reading through everyone's experiences, I'm pretty confident we've been overpaying on self-employment tax. Our accountant had us both paying SE tax on our K-1 portions, but it's clear my partner doesn't meet any material participation test. What really resonates with me is the documentation aspect several people mentioned. I've been inadvertently creating a perfect paper trail - all our client emails come through my business account, all project management is under my login, I'm the only one with QuickBooks access, etc. Meanwhile, my partner literally has no business-related digital footprint because they're completely uninvolved. I think I'll start by reviewing our operating agreement to make sure there's no language requiring all members to pay SE tax, then probably move forward with amending our 2023 return. The potential savings of $2,000+ that others mentioned would definitely make the amendment process worthwhile. Has anyone here worked with a CPA who specializes in partnership tax issues? I'm starting to think our current accountant might not be the best fit for LLC partnership taxation, especially after telling us "all members always pay SE tax" without considering material participation rules.
You're absolutely right to question your current CPA's advice! The blanket statement that "all members always pay SE tax" is a red flag that they might not be well-versed in partnership taxation nuances. I'd definitely recommend finding a CPA who specializes in partnership and LLC taxation. Look for someone who can explain the material participation tests and how they apply to your specific situation. A good partnership tax specialist should immediately recognize that a completely uninvolved partner typically wouldn't be subject to SE tax. Your documentation situation sounds perfect for supporting an amendment. The fact that your partner has zero business digital footprint while you have everything under your name makes the participation difference crystal clear. That's exactly the kind of evidence the IRS would find compelling if they ever questioned it. Before you amend, I'd also suggest getting a second opinion from a qualified CPA just to confirm your analysis. Many will do a brief consultation to review your K-1s and operating agreement. Given the potential savings you mentioned, even paying for a consultation would be money well spent. The amendment process really isn't too complicated for this type of correction, especially when the facts are as clear-cut as your situation appears to be. Just make sure to keep copies of everything and document your reasoning clearly on Form 1040X.
I've been following this discussion closely as someone who went through a similar situation with our family business LLC last year. Reading through all these experiences has been incredibly validating! We had the exact same issue - I run all operations of our consulting business while my spouse is purely an investor/silent partner. Our original CPA insisted we both pay self-employment tax, but after getting a second opinion from a partnership tax specialist, we discovered we'd been overpaying for two years. The key insight that helped us was understanding that material participation isn't just about ownership percentages - it's about actual involvement in business operations. The IRS has seven specific tests for material participation, and if you don't meet any of them, your K-1 income generally isn't subject to SE tax. For Jordan's original question about TurboTax - make sure when it asks about material participation, you're very specific about who does what. The software should handle the SE tax calculation correctly once it knows only you materially participate. One thing I haven't seen mentioned yet - if you do decide to amend previous returns, you can typically go back three years to claim refunds for overpaid SE tax. In our case, amending 2022 and 2023 got us back about $4,200 total. The process was straightforward and definitely worth the effort. The documentation suggestions everyone's shared are spot on. Having clear records showing the difference in participation levels gives you confidence if the IRS ever questions your filing position.
Another quirk to be aware of - qualified dividends! If your synthetic long crosses an ex-dividend date, any dividend equivalents you effectively receive aren't eligible for qualified dividend tax treatment. With actual share ownership, you can get the preferential qualified dividend tax rate if you meet the holding period requirements. But with a synthetic long, you're technically not receiving dividends - you're just seeing the options prices adjust to account for the dividend. So any dividend benefit gets taxed as ordinary income through the options pricing.
Wait what? How does the dividend even work with a synthetic long? You don't actually own the shares until expiration/assignment, so you wouldn't get any dividend payment, right?
You're absolutely right - with a synthetic long, you don't receive actual dividend payments since you don't own the shares. What happens instead is that the options prices adjust on the ex-dividend date to reflect the dividend. Specifically, both the call and put strike prices get reduced by the dividend amount, and if you're holding American-style options, there might be early assignment risk on the short put if the dividend is large enough. The "dividend equivalent" I mentioned refers to how the net value of your synthetic position changes - it should theoretically increase by roughly the dividend amount, but that gain gets captured through the options pricing rather than as a separate dividend payment. This is why it doesn't qualify for the preferential dividend tax rates - you're not actually receiving dividends, just capital appreciation on your options position.
This is a great discussion on a complex topic. One thing I'd add is that the IRS has been increasingly scrutinizing synthetic positions in recent years, especially when traders use them to manufacture tax losses while maintaining economic exposure to the underlying asset. The wash sale treatment that @Andre Lefebvre mentioned is definitely the correct approach for scenario 2. What many people don't realize is that the IRS views the entire synthetic long strategy as a single integrated transaction, not separate option trades. This is why timing the individual legs differently doesn't necessarily help you avoid wash sale treatment. I'd also recommend keeping very detailed records of your synthetic positions, including the dates opened, premiums paid/received, and your intent when entering the strategy. If you get audited, being able to demonstrate that this was part of a legitimate investment strategy (rather than tax loss harvesting) will be important. The key principle to remember is that tax treatment should follow economic substance. Since a synthetic long has the same risk/reward profile as owning shares outright, the IRS expects the tax consequences to be similar as well.
This is really helpful context about the IRS viewing synthetic positions as integrated transactions. I'm curious though - what constitutes "detailed records" in practice? Beyond the basic trade data, should I be documenting things like market conditions when I opened the position, or my investment thesis? And how do you prove "legitimate investment strategy" versus tax loss harvesting if the economic outcome is identical either way?
Just a heads up to the original poster - if you haven't been making consistent estimated tax payments before now, you might want to check if you'll face any underpayment penalties. Starting EFTPS now is great going forward, but it doesn't fix any past underpayment issues. The IRS has a "safe harbor" rule where you generally avoid penalties if you pay 100% of last year's tax liability (or 110% if your income was over $150,000) or 90% of this year's liability in timely estimated payments.
Thanks for pointing this out. I've actually been making the quarterly payments by check until now, I just wanted to switch to the electronic system to make it easier. I did have a penalty two years ago when I first started and underestimated, but I've been more careful since then! Do you know if switching to EFTPS mid-year causes any issues with how the IRS tracks your payment history?
You're welcome! Sounds like you're on top of things with your payments - many new business owners miss that part. Switching to EFTPS mid-year won't cause any tracking issues with the IRS. They care that payments are made on time and in sufficient amounts, not which method you use. The IRS systems will recognize all your payments regardless of method - EFTPS payments will just show up in your account faster than checks. In fact, using EFTPS actually helps with tracking since you can view all your payment history online once you're set up, including payments you previously made by other methods.
As someone who just went through this exact process last month, I can confirm that the enrollment timeline is crucial to plan for. I'd also add that when you do enroll, make sure to keep your EFTPS login credentials somewhere very secure - unlike other online accounts, you can't just reset your password easily if you forget it. One thing that helped me was setting up recurring reminders in my calendar for the quarterly due dates (January 15, April 15, June 15, and September 15) so I never miss a payment deadline again. The peace of mind from electronic payments is definitely worth the initial setup hassle! Also, Sofia, since you mentioned having multiple businesses, you might want to consider keeping separate records of which payments correspond to which business income for your own bookkeeping, even though it all goes through one EFTPS account. It makes tax prep much easier at year-end.
This is really helpful advice! I'm also dealing with multiple income streams and hadn't thought about the bookkeeping aspect. When you say keep separate records of payments for each business, do you mean like splitting the quarterly payment amount and noting "X dollars for pottery business, Y dollars for coaching business" in your records? Or is there a more formal way to track this for tax purposes? I'm worried about making mistakes since this is all new to me - the pottery business has been pretty consistent but the coaching income is going to be much more variable.
This thread has been incredibly helpful! I'm dealing with a similar situation where I inherited a policy from my grandmother and am considering surrendering it. One thing I wanted to add that might be useful - if you're still trying to track down the exact cost basis, you might also want to check if your grandfather kept any old tax returns. Sometimes people deduct life insurance premiums as a business expense if it was a policy for business purposes, or there might be records of gift tax filings if large premiums were paid. Also, since you mentioned this was set up when you were a kid, there's a chance your grandfather might have paid premiums for several years after you became an adult. If he did, and you weren't aware of it, those payments would still count toward the cost basis even though you weren't the one making them. I'd definitely echo the advice about getting that cost basis verified - with the amounts you're dealing with, even a small difference in the basis calculation could save you hundreds in taxes. The 1099-R should show both the gross distribution and the taxable amount, but it never hurts to double-check their math before filing.
That's a really good point about checking old tax returns for business deductions or gift tax filings! I hadn't thought about that angle at all. You're also right about premiums potentially being paid after I became an adult - I honestly have no idea if my grandfather continued making payments beyond when I turned 18 or 21. The insurance company might have records of who made payments and when, which could be important for the cost basis calculation. It sounds like I really need to do some detective work here before I just accept that $9,000 figure. Between what you and others have mentioned about verifying the cost basis calculation, I'm starting to think it might be worth getting a tax professional involved just to make sure I'm not leaving money on the table or setting myself up for problems later. Thanks for all the insights - this has been way more complex than I initially thought!
Just wanted to add one more thing that might be helpful - when you do get your 1099-R form next year, make sure to keep all the documentation from your surrender (the policy statements, surrender paperwork, etc.) with your tax records. The IRS occasionally questions life insurance surrenders, especially larger amounts like yours, and having all the supporting documentation readily available can save you a lot of headaches if they ever ask for verification of the cost basis or how you calculated the taxable portion. Also, since this involves a policy that was set up by a family member decades ago, consider keeping copies of any documentation you find about premium payments or ownership transfers. This kind of paperwork can be really hard to reconstruct years later if the insurance company's records are incomplete or if there are ever questions about the transaction. Given all the great advice in this thread about verifying the cost basis, it sounds like you're on the right track to make sure everything is calculated correctly!
Great advice about keeping all the documentation! I learned this the hard way when the IRS questioned a similar transaction I had a few years back. Even though everything was legitimate, it took months to resolve because I had to request duplicate records from the insurance company. One thing I'd add - if you do end up working with a tax professional to verify the cost basis calculation, ask them to document their methodology in writing. That way if there are ever questions down the road, you have professional support for how the taxable amount was determined. Some preparers will include a detailed explanation as part of your tax file that shows exactly how complex transactions like insurance surrenders were handled. The peace of mind of having everything properly documented and calculated is definitely worth the extra effort upfront!
Carmen Lopez
Great question about health insurance premiums! You absolutely can document owner's draws specifically for health insurance payments. In fact, I'd recommend being very specific in your documentation - note that it's an owner's draw for "health insurance premiums - self-employed deduction." The key is maintaining that clear separation: the business makes the draw to you as the owner, then you personally pay the health insurance premiums and claim the deduction on your personal return. This approach keeps your business and personal finances properly separated while still allowing you to fund those payments from business profits. Just make sure your LLC shows a net profit for the year, as that's required to claim the self-employed health insurance deduction. If your business has a loss, you can't deduct the premiums that year.
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Matthew Sanchez
β’This is really helpful advice about documenting the health insurance draws! I'm new to managing an LLC and hadn't thought about being that specific in my documentation. Quick follow-up question - when you say the business needs to show a "net profit," does that mean after all business expenses are deducted, or is there a specific line on the tax forms I should be looking at to determine this? I want to make sure I'm calculating this correctly before claiming the deduction.
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Jean Claude
β’Great question @Matthew Sanchez! When I say "net profit," I'm referring to the profit shown on Schedule C (Form 1040) after all business expenses are deducted. Specifically, you'd look at Line 31 of Schedule C - that's your net profit or loss from the business. If Line 31 shows a positive number (profit), you can generally claim the self-employed health insurance deduction up to that amount. If it shows a loss (negative number), you can't claim the deduction that year, even if you paid the premiums. There's also another limitation to be aware of: you can't deduct more in health insurance premiums than your net earnings from self-employment. So even if your Schedule C shows a profit, if your net self-employment earnings (after the SE tax deduction) are lower, that becomes your limit. The IRS is pretty strict about this requirement, so definitely double-check those numbers before claiming the deduction!
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Annabel Kimball
One thing that really helped me avoid commingling issues was creating a simple monthly "owner compensation" process. At the end of each month, I calculate what I need for personal expenses (including estimated tax payments) and take a single owner's draw rather than multiple ad-hoc withdrawals throughout the month. I keep a spreadsheet that breaks down exactly what that monthly draw covers - living expenses, estimated quarterly taxes, health insurance premiums, etc. This way I have clear documentation showing the business isn't directly paying personal expenses, but rather compensating me as the owner, and I'm using that compensation for my personal obligations. This approach has made my bookkeeping much cleaner and gives me confidence that I'm maintaining proper separation between business and personal finances. My accountant loves it because the paper trail is crystal clear if we ever face an audit.
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Chad Winthrope
β’This monthly draw approach sounds really smart! I'm curious about the timing though - do you calculate the draw amount based on actual expenses from the previous month, or do you estimate what you'll need for the upcoming month? And when you mention "estimated quarterly taxes" in your monthly draw, are you setting aside 1/3 of your quarterly estimate each month, or doing it differently? I'm trying to figure out the best cadence for my own LLC.
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Luca Russo
β’@Annabel Kimball That monthly owner draw system sounds like exactly what I need! I ve'been doing random withdrawals whenever I need money and my bookkeeping is a mess. Quick question about your spreadsheet - do you track this as a running total for the year, or do you start fresh each month? I m'wondering if there s'a template or format you d'recommend for someone just starting this approach. Also, when you say your accountant loves the clear paper trail, does this approach make tax prep significantly easier at year-end?
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