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Sara Unger

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Hey Freya! I totally understand the confusion - I went through the exact same thing when I first set up my Solo 401k. The distinction absolutely DOES matter, and here's why: You get two separate contribution buckets as a self-employed person. The "employee" contribution is limited to $23,000 for 2025 (this is like your salary deferral), while the "employer" contribution can be up to 25% of your net self-employment earnings (but there's a formula that effectively makes it about 20%). With your $96k income, you could potentially contribute the full $23k as employee contributions PLUS additional employer contributions based on your net profit after expenses and SE tax adjustments. The total combined limit is $69,000 for 2025. The key deadline difference: employee contributions must be made by December 31, 2025, but employer contributions can wait until your tax filing deadline (including extensions). Since you're running out of time for 2025, focus on maximizing your employee contributions first - you can always add employer contributions when you file your taxes next year!

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Lydia Bailey

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This is super helpful, Sara! I'm in a similar situation as Freya and had no idea about the deadline differences. So just to clarify - if I max out the $23k employee contribution by December 31st, I can then take my time to calculate the exact employer contribution amount when I'm doing my taxes? That would be such a relief since I'm still trying to figure out all my business expenses for the year. Also, do you know if there are any restrictions on how the employer contribution needs to be invested compared to the employee portion?

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Exactly right, Lydia! You can absolutely max out your employee contributions by December 31st and then take your time calculating the employer portion when you file taxes. That's one of the nice flexibilities of the Solo 401k. As for investment restrictions - there typically aren't any differences between how employee and employer contributions can be invested once they're in your account. Both portions can usually be invested in the same funds, stocks, bonds, etc. that your plan provider offers. The money gets commingled in your account, so the investment options are the same regardless of which "bucket" the contributions originally came from. The main thing to keep in mind is that if you did any employee contributions as Roth (after-tax), those might be tracked separately for accounting purposes, but even then the investment options are usually identical. Just make sure to keep good records of which contributions were employee vs employer for your own tax preparation - your provider should help track this too!

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Caleb Bell

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The timing aspect is really crucial here! Since you mentioned you're running out of time, I'd recommend focusing on getting your employee contributions maxed out first before December 31st. You can contribute up to $23,000 as employee deferrals, and this is the portion that has the hard year-end deadline. For your employer contribution calculation with $96k in income, you'll need to factor in your business expenses and the SE tax adjustment that others mentioned. The effective rate works out to about 20% of your net self-employment income after all adjustments, which could be a substantial additional contribution on top of the $23k employee portion. The good news is you have until your tax filing deadline (even with extensions) to make the employer contributions, so don't stress too much about getting that exact calculation perfect right now. Focus on maximizing that $23k employee contribution before year-end, then work with a tax professional early next year to optimize your employer contribution based on your final 2025 numbers. One last tip - if your Solo 401k plan allows Roth contributions, you might want to consider designating some or all of your employee contributions as Roth, especially if you expect higher income in future years. The employer portion will be pre-tax regardless, so this gives you some tax diversification.

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Amina Diop

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Thanks for breaking this down so clearly, Caleb! As someone new to the Solo 401k world, this timeline breakdown is exactly what I needed. I'm feeling much better about focusing on the $23k employee contribution deadline first. Quick question though - when you mention working with a tax professional for the employer contribution calculation, do most CPAs handle Solo 401k calculations routinely, or should I be looking for someone with specific retirement plan expertise? I want to make sure I don't end up with someone who's as confused as I initially was about these rules!

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Most CPAs should be able to handle Solo 401k calculations since they're pretty standard for self-employed clients, but you're right to be cautious! When vetting potential tax professionals, I'd specifically ask them about their experience with self-employed retirement plans and Solo 401k contribution limits. A good CPA should be able to quickly explain the difference between employee and employer contribution limits and the SE tax adjustment formula. If you want to be extra sure, look for someone who has experience with small business owners or independent contractors - they deal with these calculations regularly. You could also ask them to walk through a hypothetical calculation during your initial consultation to gauge their familiarity. That said, the IRS publications (like Pub 560) are pretty clear on the formulas, so even a competent generalist CPA should be able to handle it correctly. The key is finding someone who doesn't just plug numbers into software but actually understands what they're calculating!

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This thread has been incredibly helpful in clarifying the S-Corp owning LLCs structure. I'm in a similar situation with multiple business ventures and was also confused about the terminology. One thing I'd add based on my research is that you'll want to consider the state-level implications too. While federally the LLCs owned by your S-Corp will be treated as divisions, some states have different rules for state tax purposes. For example, some states require separate LLC tax filings even when they're federally disregarded entities owned by an S-Corp. Also, regarding the liability protection discussion - make sure you understand that while the LLC structure protects between business lines, it doesn't protect you personally from professional liability in businesses where you're directly involved. If you're providing professional services through any of these LLCs, you'll still have personal exposure for your own actions, regardless of the entity structure. The holding company approach with an S-Corp owning multiple LLCs is definitely a solid strategy for what you're trying to accomplish, just make sure your implementation covers all the operational details mentioned in the comments above.

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Manny Lark

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Great point about state-level considerations! I'm just getting started with understanding business structures and hadn't even thought about the fact that federal and state tax treatment could be different. When you mention some states requiring separate LLC filings even when they're federally disregarded - does that mean you'd potentially have to file tax returns in multiple states if your LLCs operate in different states? That could get complicated quickly. Also, the professional liability point is really important. I was thinking the LLC structure would protect me from everything, but you're right that if I'm personally providing services, I'd still have personal exposure for my own mistakes regardless of the entity structure. Sounds like professional liability insurance would still be necessary even with this setup. Thanks for adding those practical considerations - it's exactly the kind of real-world details that help someone new to this understand what they're actually getting into!

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This discussion has been really enlightening! I've been wrestling with a similar structure question for my consulting and e-commerce businesses. One additional consideration I'd mention is the impact on your Qualified Business Income (QBI) deduction under Section 199A. When you have an S-Corp owning multiple LLCs that are treated as divisions, all the income flows through to your personal return as S-Corp income. Depending on your income level and the nature of your businesses, this could affect how much of the 20% QBI deduction you can claim compared to if you structured things differently. For example, if one of your business lines is a "specified service trade or business" (like consulting, law, accounting, etc.), the QBI deduction phases out at higher income levels. But if your other businesses are non-service businesses, they might not have the same limitations. Your tax advisor should be able to model this out for you, but it's worth understanding how the entity structure affects this deduction since it can be pretty significant. The holding company approach is still likely the right move for liability protection, but the QBI implications might influence other decisions like how you take distributions or whether you elect S-Corp treatment for any of the subsidiaries.

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I went through this exact same situation when I got my first big promotion in California! That 39% total deduction rate is completely normal for your income bracket here, especially with bonus/backpay included in the check. What's happening is your payroll system is treating this $5,200 as your new monthly norm and calculating withholding as if you'll make ~$62k annually. Since this included one-time payments, you're probably being over-withheld for your actual annual income. Here's what I'd recommend: - Wait to see your next regular paycheck (without bonus/backpay) before panicking - Use the IRS Tax Withholding Estimator mid-year to check if you're on track - Remember that your 401k (6%) and health insurance aren't "lost" money - they're investments in your future The breakdown is likely: ~22% federal, ~9% CA state, 7.65% FICA, plus your 6% 401k and health premiums. California doesn't mess around with state taxes, unfortunately! Congrats on the promotion after 2 years of hard work! The financial adjustment period is tough but you'll settle into the new income level soon.

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Zara Perez

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This breakdown is super helpful! I'm feeling much better about the situation after reading all these responses. It sounds like everyone in California at this income level goes through the same shock. I'll definitely wait to see my next regular paycheck before making any W-4 adjustments. The IRS Tax Withholding Estimator suggestion keeps coming up, so I'll plan to check that mid-year to make sure I'm on track. And you're absolutely right about the 401k and health insurance being investments rather than lost money - I need to keep that perspective. Thanks for breaking down those percentages too. When you see it itemized like that (22% + 9% + 7.65% + 6% + health premiums), it makes total sense how you get to 39%. California state taxes really are no joke! I really appreciate the congratulations as well. It's been a long journey but this promotion feels like validation that the hard work was worth it, even with the tax reality check!

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Malik Jackson

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I feel your pain! I had almost the exact same experience when I got promoted last year - went from around $3,800/month to $5,100 one month and nearly had a heart attack when I saw the withholding. The 39% you're seeing is definitely normal for California at your income level, especially with bonus/backpay mixed in. Your payroll system is basically calculating as if you'll make $62,400 annually ($5,200 x 12), which pushes you into higher tax brackets temporarily. Here's what helped me get through it: I tracked my actual year-to-date withholding against what I would really owe using a simple spreadsheet. Turns out I was being over-withheld by about $200/month because most of my paychecks were actually lower than that one big promotion check. Don't panic and change your W-4 immediately - wait to see what your regular paychecks look like first. The system will balance out over the year. And hey, congrats on finally getting that promotion you worked so hard for! The financial adjustment is temporary but the career advancement is permanent.

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Just want to add one more important point that I learned the hard way - make sure you file your return by tomorrow's deadline even if you can't pay! The failure-to-file penalty is 5% per month (up to 25% total) while the failure-to-pay penalty is only 0.5% per month. That's a huge difference on $20k. I made the mistake of not filing on time a few years ago because I couldn't pay, and it cost me an extra $5,000 in penalties. The IRS is actually pretty reasonable about payment plans if you file on time and communicate with them. They'd much rather work with you than chase you down later. Also, once you set up the payment plan, make sure you never miss a payment or they can default the entire agreement. Set up autopay if possible to avoid any accidents. Good luck!

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This is such crucial advice! I wish I had known this earlier. I've been putting off filing because I was panicking about not being able to pay the full amount. It's actually a relief to know that filing on time is the most important step, even without payment. The difference between 5% and 0.5% monthly penalties is massive - that could literally save thousands of dollars. Thanks for sharing your experience, even though it was costly for you. Setting up autopay is definitely something I'll do once I get the payment plan in place.

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Paolo Marino

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I just went through this exact situation last month with a similar amount owed. One thing that really helped me was calling the IRS Practitioner Priority Service line (1-866-860-4259) instead of the regular taxpayer line. As long as you have a power of attorney form or are calling about your own account, they typically have much shorter wait times - I got through in about 20 minutes. The agent walked me through all my options and helped me understand that with a $20k balance, I could actually qualify for a "guaranteed" installment agreement since it's under $50k and I was current on filings. They also explained that if I could somehow pay it off within 120 days, there would be no setup fee at all and minimal interest accrual. Another tip: if you're self-employed or have irregular income, ask about a different payment structure. They can sometimes work with seasonal income patterns or allow lower payments during slower months. The key is being upfront about your financial situation when you call.

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Tami Morgan

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Thanks for sharing the Practitioner Priority Service line number! I had no idea there was a separate line with shorter wait times. That's really helpful information. Quick question about the 120-day payment option you mentioned - do you know if there are any restrictions on who qualifies for that? Like income limits or anything? I'm wondering if I could possibly scrape together the $20k within 4 months instead of stretching it out over years. The no setup fee and minimal interest sounds way better than a long-term plan, even if it means tightening my budget significantly for a few months.

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The LLC structure won't help you bypass the passive activity loss limitations since the IRS focuses on the substance of the activity, not the entity form. However, there are a few other strategies worth exploring for your situation. Since you're already maximizing depreciation on the rental portion and plan to pass the property to your kids, consider whether the current tax benefits outweigh the depreciation recapture you'd face if you ever sold. The stepped-up basis strategy you mentioned is solid for estate planning. One often overlooked opportunity is ensuring you're capturing all allowable expenses for the rental portion - home office deductions if you use part of your space for rental management, travel expenses to purchase supplies, etc. Also, make sure you're properly allocating utilities, maintenance, and insurance between personal and rental use. Given your income level, you might also want to explore whether either you or your spouse could qualify as a real estate professional by documenting time spent on rental activities. Even if it's just property management, maintenance coordination, and tenant screening, those hours can add up. The 750-hour threshold is more achievable than many people think when you properly track all real estate-related activities.

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NebulaNomad

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This is really helpful advice, especially the point about documenting hours for real estate professional status. I hadn't thought about tracking time spent on tenant screening and maintenance coordination. Do you know if hours spent researching rental market rates or tax strategies related to the property would count toward that 750-hour requirement? Also, when you mention home office deductions for rental management, would that be a separate deduction from the rental portion depreciation, or does it get factored into the overall rental percentage of the home?

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Mei Wong

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Great questions! Yes, time spent researching rental market rates and tax strategies for your property generally counts toward the 750-hour requirement, as long as it's directly related to your rental real estate activities. The IRS allows for time spent on market analysis, financial planning, and tax research as legitimate real estate professional activities. Regarding the home office deduction - it would be separate from your rental portion depreciation. You'd calculate it based on the percentage of your home used exclusively for rental management activities. So if you use a spare bedroom 10% of the time solely for rental business (storing documents, conducting tenant interviews, etc.), you could potentially deduct that portion. However, it can't overlap with space you're already claiming as rental space. The key is "exclusive use" - the IRS is strict about this requirement. Keep detailed logs of all your real estate activities and consider using time-tracking apps to document your hours. Many people are surprised to find they're already close to that 750-hour threshold once they account for all their property management activities.

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Paolo Rizzo

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I've been following this thread with great interest as I'm in a very similar situation - primary residence with rental income that exceeds the passive loss limitations. One strategy that hasn't been mentioned yet is potentially converting your current setup into a legitimate boarding house or bed & breakfast operation. If you can document that you're providing substantial services to your tenants (daily cleaning, meals, utilities management, etc.), the rental income might be reclassified as active business income rather than passive rental income. This would allow you to deduct losses against your other income regardless of the $150k threshold. The key is that you need to provide services that go beyond what a typical landlord provides. Things like furnished rooms with daily housekeeping, shared common areas you actively maintain, or meal preparation can help establish this as an active business rather than passive rental activity. Obviously this changes the nature of your living arrangement significantly, and you'd need to check local zoning laws and HOA restrictions. But for the right situation, it could be a way to legitimately convert passive losses into active business deductions while keeping the property in your name for the eventual stepped-up basis benefit you're planning for your children.

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NebulaNinja

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That's a fascinating angle I hadn't considered! The boarding house approach could definitely change the tax classification, but I'm curious about the practical implications. How much documentation would the IRS typically require to prove you're providing "substantial services"? And wouldn't this potentially create additional business licensing requirements or health department regulations that might complicate things? Also, I'm wondering if there are any downsides to this approach beyond the obvious lifestyle changes. Would converting to active business income affect things like self-employment tax obligations? It seems like while you might gain the ability to deduct losses against other income, you could end up paying SE tax on the rental income that you're not currently paying as passive rental income. The zoning consideration you mentioned is huge too - many residential areas specifically prohibit commercial lodging operations. Has anyone actually implemented this strategy successfully, or is this more theoretical?

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