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I think there's some confusion here. Even with the 100% deduction in 2021/2022, you still needed to meet the "ordinary and necessary" business expense test. For delivery drivers, your meals during shifts are generally considered personal expenses, not business expenses. The IRS views this as: everyone needs to eat, whether working or not. Where people get confused is with the "de minimis" fringe benefit rules for employers. If an employer provides meals to keep employees working (like during busy periods), those can sometimes be 100% deductible for the EMPLOYER. But as a 1099 contractor, you're not your own employee in that sense.
So if I understand right - if I own a small business and take clients out to lunch to discuss business, that was 100% deductible in 2021/2022 instead of 50%. But my personal lunch, even while "on the clock" as a 1099 worker, isn't deductible at all because I would need to eat lunch anyway?
You've got it exactly right! The business meal with clients discussing business matters would qualify for the temporary 100% deduction during 2021/2022 (now back to 50% for 2023 and beyond). Your personal meals during work time as a 1099 contractor generally don't qualify for any deduction percentage because they're considered personal expenses, not business expenses. The IRS position is that everyone needs to eat regardless of whether they're working or not, so these meals lack the "ordinary and necessary" business purpose required for deduction.
Just to add - I've been driving for Uber/Lyft for years, and instead of trying to deduct meals, I focus on maximizing my mileage deduction (58.5 cents per mile for 2022). That's where the real tax savings are for us gig drivers! Also, don't forget you can deduct a portion of your phone bill, car cleaning, amenities for passengers, etc. Those are much safer deductions than trying to claim your Taco Bell lunch while on shift.
Do you use a specific app to track mileage? I've been writing down odometer readings but it's a pain and I forget half the time.
I use MileIQ - it automatically tracks your drives using GPS and you just swipe left or right to classify them as business or personal. Super easy and creates reports you can export for tax time. There are other good options like Everlance and Stride too. Definitely worth using an app instead of manual tracking - I was losing out on so many deductible miles before I switched!
I'm dealing with a very similar S Corp situation right now and this thread has been incredibly helpful. One thing I want to add that might help others - I discovered that some states have "safe harbor" provisions for reasonable compensation that can provide clearer guidelines than the federal multi-factor test. For example, some states consider 1/3 of S Corp net income as a reasonable starting point for salary, though this varies significantly by industry and circumstances. It's not a guarantee, but it can provide a framework for calculations when you're trying to figure out what "reasonable" actually means for your specific situation. I also learned that if you're amending multiple years, you might want to stagger the corrections rather than doing them all at once. Some tax professionals recommend addressing the most recent year first, then working backwards. This can help manage cash flow since you'll owe back taxes plus interest and penalties for each year. The anxiety around this is real - I've been losing sleep over it too. But reading everyone's experiences here makes me feel more confident that proactively fixing these issues is the right approach. The IRS seems to be much more reasonable when you come to them first rather than waiting for them to find the problems. Has anyone here worked with a tax attorney versus just a CPA for S Corp amendments? I'm wondering if the complexity warrants legal representation or if a good CPA who specializes in business taxation is sufficient.
For most S Corp reasonable compensation issues, a good CPA who specializes in small business taxation should be sufficient. You'd typically only need a tax attorney if there are potential criminal implications (which is extremely rare for honest mistakes like yours) or if the IRS is alleging intentional tax evasion. The staggered amendment approach you mentioned is interesting - I hadn't heard of that strategy before. It makes sense from a cash flow perspective, though I wonder if it might actually draw more attention by creating multiple amended return filings over time versus addressing everything at once. Your point about state safe harbor provisions is really valuable. I wish more accountants would mention these guidelines upfront when setting up S Corps. The 1/3 rule you mentioned aligns pretty closely with what I've seen recommended for professional services, though as you noted, it really depends on the specific circumstances. One thing I'd add - if you do decide to work with just a CPA, make sure they have specific experience with S Corp amendments and reasonable compensation calculations. Not all CPAs are equally familiar with the nuances of S Corp compliance, and you want someone who can properly document the justification for whatever salary amount you choose to report.
I'm reading through all these responses and feeling both relieved and overwhelmed. It's clear that the S Corp reasonable compensation issue is way more common than I realized - which is somewhat reassuring that we're not alone in this situation. Based on everyone's advice, I think our next steps are going to be: 1. Open a dedicated business bank account immediately and separate all future business transactions 2. Get a consultation with a CPA who specializes in S Corp compliance to review our specific situation 3. Calculate what reasonable compensation should have been for 2023 based on local market data for freelance design work 4. File amended returns (1120S/X and potentially 1040X) to correct the zero wage issue The point about the mid-year S Corp formation creating additional complexity is something I hadn't fully considered. We definitely need to make sure the January-March income is properly allocated to Schedule C versus the S Corp income. I'm still nervous about potential penalties and interest, but it sounds like proactively correcting these issues before any IRS contact is definitely the way to go. The stories about successful amendments and reduced penalties through programs like First Time Abatement give me hope that we can get through this without it being a financial disaster. Thanks to everyone who shared their experiences - this community has been incredibly helpful in what felt like a very isolating and scary situation!
You've put together a really solid action plan! As someone who's new to this community but has been lurking and learning from everyone's experiences, I wanted to add one small suggestion that might help with step 3 (calculating reasonable compensation). When you're researching local market data for freelance design work, don't forget to look at contractor/freelance rates in addition to employee salaries. Since your husband was doing client work as an independent contractor before the S Corp, the "reasonable compensation" calculation might be more complex than just looking at what design employees make in your area. The IRS considers factors like whether you're doing the same type of work you'd hire an employee for versus more specialized consulting/creative work that commands higher rates. For design work specifically, there can be a big difference between someone doing routine graphic design tasks versus strategic creative consulting. Also, documenting the business development and client management time your husband spends (beyond just the actual design work) can help justify the salary calculation. These are often overlooked when people just look at "designer salary" data. Good luck with getting everything sorted out - sounds like you're taking all the right steps to address this proactively!
Personal guarantees on business debt can indeed create "debt basis" for S-Corp shareholders, which is separate from stock basis. If you personally guaranteed any of that $67,500 in credit card debt, you would have debt basis equal to the amount you're personally at risk for. Here's how it works: Even with $0 stock basis, if you have debt basis from personal guarantees, you can still deduct S-Corp losses up to your total basis (stock basis plus debt basis). However, debt basis can only be used to deduct losses - it can't be used to take tax-free distributions. To determine what's "at-risk," look at whether you're personally liable for the debt. Credit cards where you signed personal guarantees would qualify. Business credit cards without personal guarantees typically wouldn't create debt basis. The interaction between stock basis and debt basis gets complex, especially when the S-Corp starts generating income. Income first restores stock basis, then debt basis. When losses occur, they first reduce stock basis to zero, then reduce debt basis. Given the complexity of your situation with negative equity and potentially guaranteed debt, I'd strongly recommend consulting with a CPA who has specific S-Corporation experience. The basis tracking rules are intricate, and getting it wrong from the start can create problems that compound over multiple tax years. Document everything now - which debts you guaranteed, when you guaranteed them, and keep detailed records of all future transactions affecting basis.
This is exactly the kind of detailed explanation I was hoping to find! The distinction between stock basis and debt basis is something I completely missed when I was initially researching this conversion. I did personally guarantee most of the credit card debt when I first started the business, so it sounds like I might actually have some debt basis to work with even though my stock basis is zero. That could be really important if the business has any losses in future years. Your point about income restoration order is particularly helpful - knowing that income first restores stock basis before debt basis will be crucial for planning distributions and understanding my tax situation as the business grows. I'm definitely going to take your advice about consulting with an S-Corp experienced CPA. This thread has made me realize there are way more nuances to basis tracking than I initially understood. Better to get professional guidance upfront than try to fix mistakes later. Thanks to everyone who contributed to this discussion - the variety of perspectives and real-world experiences has been incredibly valuable for someone navigating this conversion for the first time!
This is a great discussion thread that really highlights the complexity of S-Corp conversions from SMLLCs! As someone who went through a similar conversion two years ago (though with positive equity), I wanted to add a few practical considerations that might be helpful. First, regarding the $0 basis situation - while everyone's correctly pointed out that you can't have negative stock basis, it's worth noting that this doesn't mean you're in a bad position. Once your S-Corp starts generating income, that income will flow through and create positive basis before any distributions are made, which actually gives you more flexibility than you might think. Second, I'd recommend documenting your conversion date basis calculation very thoroughly. Create a balance sheet as of 12/31/2023 showing exactly what assets and liabilities transferred to the S-Corp structure. This becomes your "evidence package" if there are ever questions later about how you determined the initial basis. Third, consider the operational side of things - make sure you're following S-Corp formalities like corporate resolutions for major decisions, separate bank accounts, and proper payroll if you're taking salary. The IRS tends to look more closely at S-Corps that converted from single-member entities to ensure they're operating as true corporations. Finally, while the basis tracking seems daunting now, it actually becomes routine once you establish a good system. The key is consistency in your record-keeping from day one of the S-election. Hope this helps, and good luck with your first year as an S-Corp!
This is such a comprehensive overview of the practical considerations! Your point about documenting the conversion date basis calculation resonates with me - I'm realizing I need to create that formal balance sheet as of 12/31/2023 to have a clear record of how I arrived at the $0 basis figure. The operational formalities you mentioned are something I hadn't fully considered yet. Since I'm used to the informal structure of an SMLLC, transitioning to proper corporate procedures feels like a big adjustment. Do you have any recommendations for resources or templates for things like corporate resolutions? I want to make sure I'm doing this right from the start. Your reassurance about the basis situation is really helpful too. It's easy to feel like starting with $0 basis is somehow problematic, but you're right that it just means I need to let income build up basis before taking distributions. Given that I'm planning for minimal profits in 2024 anyway, this gives me time to establish good tracking systems and procedures. Thanks for taking the time to share your experience - it's incredibly valuable to hear from someone who's successfully navigated this transition and can provide perspective on both the technical and practical sides of the conversion!
Something nobody's mentioned - if the mold remediation was medically necessary (like if someone in your household has a documented respiratory condition that was being affected by the mold), you might be able to deduct it as a medical expense. But there's a big catch: medical expenses are only deductible if they exceed 7.5% of your adjusted gross income AND you itemize deductions instead of taking the standard deduction.
This is actually good advice. My sister has severe asthma and was able to deduct mold removal as a medical expense with proper documentation from her doctor. She needed a letter specifically stating the home modification was medically necessary for her condition. Worth looking into if anyone in your household has documented respiratory issues!
This is interesting - my wife actually does have asthma that was flaring up around the time we discovered the mold. I never connected the two, but it makes sense. We do typically take the standard deduction though, so I'd need to calculate whether all our potential itemized deductions would exceed that. I'll check with her doctor to see if they'd provide documentation about the medical necessity. Thanks for this tip!
Great discussion here! Just wanted to add one more angle that might be relevant - if your home was built before 1978, you should also check if any lead-based paint was disturbed during the mold remediation work. If the contractor had to do lead abatement as part of the process, that portion might qualify for different tax treatment. Also, since you mentioned this is your first home and you bought it in late 2023, make sure you're aware of any first-time homebuyer credits or programs in your state that might still apply to improvements made within the first year or two of ownership. Some states have specific programs for necessary health and safety repairs for new homeowners. The insurance angle mentioned above is definitely worth pursuing - even if your standard homeowners policy doesn't cover it, some policies have separate riders for environmental hazards that you might not be aware of. And definitely keep all that documentation organized regardless of immediate tax benefits - you'll thank yourself later!
This is really helpful info about the lead paint angle! I hadn't even considered that possibility. The house was built in 1976, so there's definitely a chance lead paint could have been involved. The contractor didn't mention anything about lead testing or abatement during the work, but I should probably follow up with them to see if they did any testing or if they had to take special precautions. Do you know if there are specific tax benefits for lead abatement, or would it just be treated differently for documentation purposes? And thanks for the tip about first-time homebuyer programs - I'll check with my state's housing authority to see if there are any health and safety repair programs I might qualify for.
Lead abatement often qualifies for special tax treatment depending on your situation! If the lead removal was certified and documented properly, it might qualify for environmental remediation deductions in certain cases. More importantly though, many states and localities have grants or low-interest loan programs specifically for lead paint removal in older homes. You should definitely contact your contractor ASAP to ask about any lead testing they may have done - EPA regulations actually require testing in homes built before 1978 if renovation work disturbs more than 6 square feet of painted surfaces. If they didn't test or follow proper procedures, that's a separate issue you'll want to address. For the first-time homebuyer programs, check both state and local levels - some cities have their own programs separate from state offerings. Many of these programs have provisions for health and safety repairs discovered within the first 1-2 years of ownership, especially for issues that weren't apparent during the initial home inspection.
Gabrielle Dubois
Aaron, you're getting great advice here! Just to add one more perspective - I was in almost the exact same situation when I got married. My husband wanted to keep his finances private from my family, and we decided to file separately. The key thing that helped us was having a brief conversation about the "coordination points" that others mentioned. We made a simple checklist: 1) Are we both itemizing or both taking standard deduction? 2) Who claims any dependents (if applicable)? 3) How do we split shared deductions like mortgage interest? For us, it turned out we both benefited from taking the standard deduction anyway, so that part was easy. And since we split our mortgage payments 50/50, we each claimed half the interest when itemizing made sense in later years. Your mom can absolutely prepare your return with just your information and your wife's basic details (name/SSN). The privacy concern is totally valid, and married filing separately is specifically designed to allow couples to maintain financial independence while still being married. You're doing everything right!
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Axel Far
ā¢This is such practical advice! I love the checklist approach - that makes it so much easier to organize the conversation with my wife. We're actually in a pretty similar situation where we split most of our expenses 50/50, so the mortgage interest split should be straightforward for us too. It's reassuring to hear from someone who went through the exact same thing. I was worried we might be missing something important by not sharing all the financial details, but it sounds like as long as we coordinate on those key points you mentioned, we should be fine. Thanks for sharing your experience - this gives me confidence that we're approaching it the right way!
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Zainab Ismail
You're getting excellent advice here, Aaron! Just wanted to chime in as someone who's been through this exact scenario. When my spouse and I got married, we had the same privacy concerns and decided to file separately. The good news is that your mom can absolutely prepare your return without needing your wife's income information (assuming you're not in a community property state, which it sounds like you're not). She'll just need your wife's name and Social Security Number for your return. One small tip that saved us some headaches - create a simple shared document or note where you and your wife can quickly coordinate on the key decisions: standard deduction vs. itemizing, and how you're splitting any shared deductible expenses like mortgage interest or charitable donations. You don't need to share detailed financial info, just the coordination points. We've been filing separately for three years now and it works great for maintaining financial privacy while staying compliant. Your approach sounds perfectly reasonable, and it's nice that your mom can help with the tax prep while still respecting your wife's privacy preferences!
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