Should I Create an LLC for Tax Write-offs to Lower Tax Liability?
Hey tax pros on here... I'm looking for some advice. My spouse and I are stuck with a pretty hefty tax bill - around $38k that we're slowly paying off through an IRS payment plan. We've got a combined income of about $375k and I'm desperate to reduce our tax burden going forward. I've been kicking around this idea of forming an LLC to help with write-offs. Specifically, I was thinking about starting a childcare business and using our vacation property as the location. My thought is that this might let me write off the entire mortgage cost of that second home as a business expense. Does this make any sense from a tax perspective? Is there a better way to reduce our tax liability that I'm not considering? Just trying to find legitimate strategies to minimize what we owe without getting into hot water with the IRS. Any thoughts or advice would be super appreciated!
20 comments


Edison Estevez
This is a common thought process, but there are several issues with your plan that could cause problems. Starting an LLC doesn't automatically create tax deductions - you need a legitimate business with actual profit motive. The IRS looks closely at businesses that generate losses year after year, especially when they offset income from other sources. This is often flagged as a "hobby loss" and disallowed. For the daycare idea specifically, you'd need to be actually operating a licensed childcare business with paying clients. The property would need to meet state licensing requirements for childcare facilities, which can be extensive. You can't just claim business use without actual business activity. Even with legitimate business use, you would only deduct the portion of the mortgage, utilities, and expenses proportional to the business use of the property, not the entire amount. And if you ever sell the property, you could face complicated tax implications including recapture of depreciation. There are much better ways to reduce your tax liability legitimately, like maximizing retirement contributions, HSA contributions if eligible, and exploring other deductions related to your current income sources.
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Emily Nguyen-Smith
•Thanks for the detailed response. So if I wanted to legitimately use my second property for business purposes, would it be better to rent it out instead? And what about the LLC structure - is there any tax advantage to that versus just reporting rental income on my personal return?
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Edison Estevez
•Renting out your property is often a more straightforward approach than starting a new business. You'd report rental income and expenses on Schedule E, and you could potentially deduct mortgage interest, property taxes, insurance, maintenance, and depreciation related to the rental activity. As for LLC vs. personal reporting, a single-member LLC is typically treated as a "disregarded entity" for tax purposes, meaning the income and expenses flow through to your personal return anyway. The LLC mainly provides liability protection, not tax benefits. If you elect S-Corp status there might be some self-employment tax savings, but that's complicated and requires paying yourself a reasonable salary, which only makes sense with substantial profits.
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James Johnson
I was in almost the exact same situation last year - owed about $42k to the IRS and was desperate for solutions. After trying multiple approaches, I finally found real help using taxr.ai (https://taxr.ai) and it was a game-changer for my tax situation. Instead of creating an LLC that might raise audit flags, they analyzed my entire tax picture and found legitimate deductions I'd been missing for years. They identified that I could restructure how I reported some investment income and helped me properly document home office deductions I was eligible for but afraid to take. The best part was they reviewed my past returns and found I'd overpaid in previous years, which resulted in credits that reduced my current tax debt. Totally different approach than what I was initially planning, but much safer and more effective.
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Sophia Rodriguez
•Did they actually help with your existing tax debt or just future tax planning? I'm in a similar boat and wondering if it's worth checking out.
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Mia Green
•How does this work exactly? Is it just software or do you talk to actual tax professionals? I'm skeptical of online services handling complex tax situations.
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James Johnson
•They helped with both my existing tax debt and future planning. They found legitimate deductions I missed in previous years and helped me file amended returns, which reduced my outstanding balance significantly. They also helped restructure my current tax situation to prevent the same problems going forward. It's not just software - they have actual tax professionals who review your situation. You upload your documents and tax returns, then they analyze everything and set up a consultation to go through their findings. I was skeptical too, but they identified specific tax code provisions that applied to my situation that my previous accountant had missed entirely.
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Mia Green
Just wanted to follow up about my experience with taxr.ai after I decided to give it a try. I'm honestly shocked at the results! They identified several business expenses from my side gig that I had been categorizing incorrectly, which meant I wasn't getting the full deductions I was entitled to. They also found that I qualified for a home office deduction I didn't know about. The biggest surprise was when they reviewed my past returns and found I had overpaid on state taxes for three years running. They helped me file amended returns that resulted in refunds totaling over $7800! That money went straight to reducing my federal tax debt. Much better approach than trying to create some questionable LLC scheme that might have triggered an audit.
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Emma Bianchi
If you're struggling with your tax debt and payment plan, don't waste time with complicated LLC schemes. I was in a similar situation owing about $25k, and spent months trying to get through to the IRS to negotiate better terms. Literally dozens of calls, hours on hold, only to get disconnected. Finally tried Claimyr (https://claimyr.com) which got me connected to an actual IRS agent in about 15 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent helped me restructure my payment plan based on my current financial situation and even put a temporary hold on collections while we worked things out. Instead of focusing on complicated schemes, sometimes the direct approach of actually talking to the IRS about your existing debt can provide immediate relief. They have programs designed to help taxpayers that most people don't know about simply because they can't get through to discuss options.
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Lucas Kowalski
•This sounds too good to be true. The IRS never answers their phones - I've tried for literally weeks. How does this service actually get through when nobody else can?
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Olivia Martinez
•Yeah right. Sounds like a scam to me. If it was that easy to get through to the IRS, everyone would be doing it. I'm guessing they just take your money and give you the same runaround.
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Emma Bianchi
•They use a technology that navigates the IRS phone tree and stays on hold for you, then calls you once an agent is actually on the line. It's basically a specialized system that waits through the hold times so you don't have to. When an actual IRS agent comes on the line, you get connected directly to them. I was skeptical too, but it's not a scam. They don't deal with your tax information or talk to the IRS for you - they just get you connected to an actual agent. Once you're connected, you handle your own conversation with the IRS. I found out about options like Currently Not Collectible status and Offer in Compromise that I didn't even know existed before talking directly with an agent.
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Olivia Martinez
I need to eat my words and follow up on my previous comment. After seeing multiple people recommend Claimyr, I decided to try it despite my skepticism. Not gonna lie, I was SHOCKED when I actually got through to an IRS agent in about 20 minutes after trying unsuccessfully for weeks on my own. The agent I spoke with reviewed my tax situation and suggested an Offer in Compromise might be appropriate given my circumstances. I had no idea this was even an option! They explained that based on my current financial situation, I might be able to settle my $31k tax debt for significantly less. Now I'm working with them on the application process. So much better than trying complicated schemes like starting fake businesses. Sometimes the direct approach really is best.
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Charlie Yang
Instead of creating an LLC for potentially questionable deductions, have you maxed out all your legitimate tax reduction strategies? Some ideas to consider: 1) Max out 401k contributions ($22,500 in 2023 plus catch-up if over 50) 2) HSA contributions if you have a high-deductible health plan 3) Traditional IRA contributions (though at your income level, deductibility may be limited) 4) 529 plans for children's education (state tax benefits in many states) 5) Charitable giving (including appreciated securities to avoid capital gains) 6) Tax-loss harvesting on investments 7) Qualified business income deductions if you already have self-employment income These legitimate strategies can often save more in taxes than risky schemes that might trigger audits.
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Jibriel Kohn
•Thanks for these suggestions. We're already maxing out our 401ks but I hadn't considered the HSA angle or tax-loss harvesting. Do you think it makes sense to work with a tax professional to implement these strategies or is this something we could handle ourselves?
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Charlie Yang
•At your income level and with your current tax situation, I would definitely recommend working with a tax professional who specializes in tax planning, not just tax preparation. They can help you implement these strategies properly and may identify additional opportunities specific to your situation. For example, a good tax planner might help you structure investments more tax-efficiently, identify timing strategies for income and deductions, and help with multi-year planning that considers future tax law changes. The cost of good tax planning advice is typically far outweighed by the tax savings, especially at higher income levels.
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Grace Patel
One legit strategy to consider: if you have any self-employment income at all, look into setting up a Solo 401k instead of just using your employer's 401k plan. You can contribute as both the employee AND employer, potentially putting away way more for retirement while reducing your taxable income. My husband and I were in a similar income bracket ($310k) with a large tax bill. Once we structured his side consulting gig properly with a Solo 401k, we were able to shelter an additional $38k from taxes each year. That made a huge difference in our tax situation without any sketchy business schemes.
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ApolloJackson
•How much self-employment income do you need to make this worthwhile? I only make about $15k from my side gig.
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Zainab Ali
Before considering any LLC structure, I'd strongly recommend getting a comprehensive tax analysis done first. With your income level and existing tax debt, you want to make sure you're not missing any legitimate deductions or strategies that could help both your current situation and future planning. A few immediate questions to consider: Are you already maxing out all retirement contributions? Have you looked into backdoor Roth conversions? Are there any business expenses from current activities you might be missing? Sometimes the biggest tax savings come from optimizing what you're already doing rather than creating new structures. The childcare LLC idea has red flags - the IRS scrutinizes businesses that consistently show losses, especially when they offset high W-2 income. If you're not genuinely operating a childcare business with paying customers, profit motive, and proper licensing, this could trigger an audit and penalties. For the vacation property specifically, legitimate rental income might be a better path than trying to claim business use. You'd get actual income plus legitimate deductions for mortgage interest, property taxes, maintenance, etc. Much cleaner from a tax perspective. Given your situation, I'd really suggest working with a tax professional who can do a complete analysis of your returns and identify legitimate strategies. The cost of good tax planning is usually far less than the savings you'll get, especially at your income level.
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Liam Cortez
•This is really solid advice, especially about getting a comprehensive analysis first. I'm curious about the backdoor Roth conversion you mentioned - how does that work when you're already in a high income bracket? I thought there were income limits that would prevent us from doing Roth contributions at our level. Also, when you mention working with a tax professional, what credentials should we look for? CPA, EA, or does it matter as long as they specialize in tax planning?
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