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Don't overlook the cashflow implications of going all-in on retirement contributions your first year. I made this mistake with my S-Corp. I maxed out my solo 401(k) contributions in year one ($22,500 employee deferral + 25% of my salary as employer contribution), then realized I hadn't left enough operating capital for quarterly estimated taxes and business investments. I had to take a personal loan to cover obligations, which was stressful and cost me interest. Consider building a 3-6 month operating expense cushion before maxing out retirement contributions, especially if you're projecting strong growth that will require capital reinvestment.
This is excellent advice that I wish someone had given me. I'd add that you should also plan for the "employer" contribution at tax time. If you wait until filing your taxes to calculate the 25% contribution, you might find yourself scrambling for a large sum at once. Consider setting aside that money throughout the year in a separate business savings account.
Great thread! As someone who recently went through a similar transition from employee to S-Corp owner, I wanted to add a few practical considerations that took me by surprise: 1. **Payroll complexity**: Once you set up your S-Corp, you'll need to run actual payroll for yourself (including withholdings, quarterly 941s, etc.). This isn't just about calculating the "reasonable salary" - you need systems in place. I use Gusto, which costs about $40/month but handles all the compliance automatically. 2. **Timing of contributions**: Unlike when you were an employee with automatic 401(k) deductions, you'll need to manually coordinate your employee deferrals with your payroll. The IRS requires employee contributions to come from actual paychecks, not just business transfers. 3. **State considerations**: Depending on your state, S-Corp elections might have different implications for state taxes and retirement contributions. Some states don't recognize federal S-Corp elections, which could complicate your planning. The mega backdoor Roth strategy is definitely worth pursuing if your income supports it, but make sure you have the operational infrastructure in place first. I'd recommend starting with a basic solo 401(k) setup in year one to get comfortable with the mechanics, then upgrading to the specialized providers mentioned above once your business is more established. Also consider working with a tax professional who specializes in S-Corps - the peace of mind is worth the cost when you're dealing with both business formation and complex retirement planning simultaneously.
This is incredibly helpful - thank you for the practical breakdown! I hadn't even thought about the payroll complexity aspect. When you mention that employee contributions need to come from actual paychecks, does that mean I can't just make a lump sum contribution at the end of the year? I was planning to calculate my optimal salary/distribution split annually and then make the retirement contributions all at once during tax season. Sounds like I need to rethink that approach? Also, regarding Gusto - do they integrate well with the specialized 401(k) providers like MySolo401k that were mentioned earlier in this thread? I want to make sure whatever payroll system I choose will work seamlessly with whatever retirement plan provider I end up using.
I was in your exact situation last year. Bought a condo, had some side income, and was trying to figure out retirement accounts. I ultimately chose to use a CPA and it was 100% worth it. They found property tax deductions I didn't know about, helped me set up a proper tracking system for my wife's freelance work, and guided me through the backdoor Roth process. The way my CPA explained it, the biggest value wasn't just for that tax year but in setting up a system that would benefit us for years to come. They helped us understand what expenses to track for the freelance work and how to structure things optimally. The peace of mind was worth the $350 I paid.
Did your CPA also help with estimated tax payments for the freelance income? I always struggle with figuring out how much to set aside each quarter.
Absolutely! That was actually one of the most valuable parts of working with them. They set up a simple spreadsheet for us that calculates the recommended quarterly estimated payments based on our income to date. This prevented both underpayment penalties and over-withholding. They also helped us understand the safe harbor rules (paying either 90% of current year tax or 100% of prior year tax) to avoid penalties, and showed us how to adjust our W-2 withholdings to cover some of the self-employment tax instead of making separate estimated payments. It simplified everything and removed the guesswork from the process.
Has anyone used TurboTax for handling a new home purchase? I'm wondering if their deluxe or premier version can handle all these situations without needing a CPA.
I used TurboTax Premier last year for my new house purchase along with some investment income. It handled everything fine and walked me through all the mortgage interest and property tax deductions. It even helped me compare standard vs. itemized to see which was better. For basic homeownership questions, I think it's sufficient. Not sure about the backdoor Roth stuff though.
Thanks for sharing your experience! That's helpful to know. I might try Premier then since my situation sounds similar to what you described. Did it ask about points paid during closing as well? That's one area I'm particularly concerned about.
Has anyone actually been audited for this issue? I'm curious what the penalties are if the IRS finds that you took distributions before reasonable compensation. Is it just a matter of reclassifying the distributions as wages and paying the additional payroll taxes, or are there actual penalties involved?
I had a client who got audited for this exact issue. The IRS reclassified about $50k in distributions as wages, which meant paying back employment taxes (both employer and employee portions) plus penalties and interest. The penalties were about 20% of the additional tax owed plus interest that had accrued since the original due dates. The most painful part was they had to amend multiple returns - personal, business, and employment tax returns for each affected quarter. The total additional cost including penalties, interest, and professional fees was almost double what they would have paid if they'd just done it correctly from the start.
This is a really common mistake for new S-corp elections, so don't panic too much! Your CPA's suggestion about reclassifying as shareholder loans is probably your best bet here. I went through something similar when I first elected S-corp status. The key things to remember: First, document everything properly with a formal promissory note that includes reasonable interest (use the IRS Applicable Federal Rate). Second, actually follow through on the repayment schedule you set up - the IRS wants to see this is a real loan, not just a paperwork exercise. Since you're dealing with a relatively small amount ($10k), the loan approach is much cleaner than amending returns. Amending would require recalculating payroll taxes for multiple quarters, which gets messy and expensive fast. Going forward, just make sure you hit your reasonable compensation threshold before taking any distributions. The good news is that catching and correcting this quickly shows good faith compliance, which the IRS does consider if they ever review your returns.
Thank you for sharing your experience! As someone new to S-corp elections, this kind of reassurance is really helpful. I'm curious about the promissory note documentation - do you have any tips on what specific terms to include? Also, when you say "actually follow through on the repayment schedule," how strict is the IRS about this? Like if you set up monthly payments but miss one due to cash flow issues, does that immediately invalidate the loan classification?
Have any of you tried handling the correction by issuing a special distribution to the underpaid owners to catch them up? Our CPA advised us to do this rather than trying to recoup money from partners who received too much. Said it was cleaner from a documentation standpoint.
This is often the simplest solution if the company has sufficient cash flow. Issue "catch-up" distributions to the underpaid shareholders until everyone is in balance per their ownership percentages. Make sure to properly document these as equalizing distributions in your corporate minutes. If cash flow is tight, another option is to characterize future distributions as going only to the underpaid shareholders until balance is achieved. Either way, keep meticulous records of these corrective actions.
Thanks for confirming this approach. Our company fortunately has enough cash to do the catch-up distributions. We're planning to hold a special board meeting to document everything and make sure it's all above board. Seems much easier than trying to get partners to pay money back, which would probably cause relationship issues.
I'm dealing with a very similar situation right now - 3 equal partners in an S-Corp who have been taking unequal distributions for about 4 years. Our new accountant also flagged this as a major issue. One thing I learned that might help you: the IRS looks at the overall pattern and business justification. If the disproportionate distributions were truly based on legitimate business needs (like one partner covering more expenses or working significantly more hours), you may have more flexibility in how you correct this. That said, the safest approach is definitely to get everyone back to their proper ownership percentages. We're planning to use the catch-up distribution method mentioned by others here - seems like the cleanest way to fix past issues without creating personal loans between partners. Have you calculated exactly how much each partner is over/under their proportionate share? That will help determine the best correction strategy and whether you need to worry about the materiality thresholds that could trigger amended returns.
This is really helpful advice about calculating the exact over/under amounts for each partner. I'm actually in the process of doing that math right now and it's quite eye-opening how much the imbalances have accumulated over the years. One question - when you mention "materiality thresholds," what percentage of disparity typically triggers the need for amended returns? Our imbalances are significant but I'm trying to figure out if we're in "fix going forward" territory or "need to amend past returns" territory. Also curious about your experience with documenting business justifications. In our case, the unequal distributions weren't really based on documented business reasons - it was more about personal financial needs of different partners. I'm worried that lack of business justification could make our situation worse from an IRS perspective.
Noah Lee
Quick question - I'm using TurboTax for my business and it's asking me about bonus depreciation for my commercial property. Is there a simple way to figure this out or do I need professional help at this point?
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Ava Hernandez
ā¢For a complex commercial property like what the OP is describing? Absolutely get professional help. TurboTax is fine for basic situations but commercial real estate depreciation with multiple buildings and potential cost segregation is way beyond what any DIY software can properly handle. The potential tax savings from doing this correctly will dwarf any accounting fees.
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Gael Robinson
Great breakdown from everyone here! As someone who went through this exact decision process with a similar multi-building commercial property, I want to emphasize a few key points: The depreciation recapture situation is crucial to understand upfront. When you sell in 20-30 years, you'll pay 25% tax on ALL depreciation claimed (including bonus depreciation), plus capital gains on any appreciation above your depreciated basis. This isn't necessarily bad - you're essentially getting an interest-free loan from the government - but plan for it. With your $260k W2 income, you might hit passive activity loss limitations. Since you're not a real estate professional, your ability to deduct passive losses against your active income is limited to $25k annually (and phases out completely at higher income levels). Any excess losses carry forward, but this affects the timing of your tax benefits. Consider a 1031 exchange strategy for your eventual exit. This lets you defer both capital gains AND depreciation recapture by rolling into another like-kind property. Given your 20-30 year timeline, you could potentially do multiple exchanges and never pay the recapture tax. One more thing - make sure you're allocating the purchase price correctly between land and improvements. The IRS expects this to be reasonable based on local assessments and appraisals. Too aggressive an allocation toward improvements can trigger scrutiny.
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Anna Xian
ā¢This is incredibly helpful perspective, especially about the passive activity loss limitations! I hadn't fully considered how my W2 income level might affect the timing of when I can actually use these depreciation deductions. So if I understand correctly, with my $260k income, I'm likely phased out of the $25k passive loss allowance entirely, which means excess depreciation losses just carry forward until I have passive income to offset them against? That definitely changes how I should think about the cash flow benefits of accelerated depreciation strategies. The 1031 exchange strategy is brilliant for the long-term plan. I'm assuming I'd need to identify the exchange property within 45 days and close within 180 days when I eventually sell - is there flexibility in that timeline, or any other gotchas with exchanges on multi-building commercial properties like this?
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