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One thing that hasn't been mentioned yet - make sure you're considering state taxes too. In some states, S corps face additional taxes or fees that LLCs don't. Here in California, for example, S corps have a minimum $800 franchise tax regardless of profit, plus an additional 1.5% tax on net income. I switched from LLC to S corp 3 years ago when my handyman business income hit about $95k, and while I saved on federal self-employment taxes, the CA additional taxes ate into about 20% of those savings. Also, don't forget the admin burden. You absolutely need a good accountant for an S corp - trying to DIY the payroll requirements, shareholder meetings, separate accounting, etc. is a nightmare.
That's a good point about state taxes I hadn't considered. I'm in Pennsylvania - anyone know if there are additional S Corp taxes here I should be aware of? And yeah, I've got a decent accountant, but I'm wondering what the ballpark increase in accounting fees might be going from LLC to S Corp.
In Pennsylvania, S Corps are subject to a flat Capital Stock Tax of 0.25% on the corp's capital stock value, though I believe there's an exemption for smaller businesses. There's also a $70 annual registration fee. Nothing as bad as California's situation, but worth factoring in. For accounting fees, my costs went up by about $1,200 annually after switching to S Corp. This includes quarterly payroll processing, year-end W-2/W-3 filings, and the more complex tax returns. Most accountants I've talked to charge between $800-$2,000 more for S Corp clients vs LLCs, depending on business complexity. Get a clear quote from your accountant before making the switch.
Everyone's talking about the tax benefits of S Corps, but nobody mentioned the asset protection angle! As someone who got sued in my construction business, this matters. With an LLC, if you're a single-member, the courts in many states treat it as less separation between you and the business. With an S Corp, you have stronger liability protection in many jurisdictions because the corporate structure is more clearly defined and respected by courts. Also, for QBI purposes, remember that certain construction specialties may count as "specified service businesses" which phase out QBI benefits at higher income levels. Worth checking if your specific estimating work falls under that category!
Can you elaborate on this "specified service business" thing? I thought construction was pretty straightforward and qualified for QBI without restrictions. Does estimating specifically fall into a different category? This is making me nervous about my situation.
@Sophia Miller brings up a great point about the specified "service business classification!" Construction estimating should generally qualify for full QBI benefits since it s'providing services TO the construction industry rather than being something like consulting or professional services. The IRS defines specified service businesses as those involving performance of services in health, law, accounting, actuarial science, performing arts, consulting, athletics, financial services, brokerage services, or any trade where the principal asset is the reputation or skill of employees/owners. Construction estimating typically falls under regular business operations serving the construction trade. However, if you re'doing a lot of consulting work or your business is more about providing expert advice/opinions rather than actual quantity takeoffs and bid preparation, there could be some gray area. The key test is whether your income comes from performing services in "a" specified field versus providing services to "that" field. For asset protection, you re'absolutely right that S Corps generally offer stronger liability protection, but don t'forget that proper insurance coverage is still your first line of defense regardless of business structure!
Has anyone considered that the OP might be able to use the home office deduction? If you have a legitimate home office for your podcast business (editing, admin work, etc.), then drives from your home office to other business locations aren't considered commuting - they're business travel. Might be a workaround worth exploring.
This is actually a really smart approach. I do photography and my tax guy helped me set this up. Because my home office is my "principal place of business," my drives to photoshoots are considered business travel, not commuting. OP would need to have a dedicated space used regularly and exclusively for the podcast business though.
I've been dealing with similar mixed-use vehicle situations for my freelance consulting work. One thing that helped me was keeping a detailed log that separates my different uses of the car. For your situation, I'd suggest tracking three categories: 1) Regular W2 commute (not deductible), 2) Podcast-related equipment transport or meetings (potentially deductible), and 3) Any additional trips solely for podcast business (definitely deductible). The key is proving that specific trips or portions of your vehicle use are exclusively for the podcast business, not just multitasking during your regular commute. If you ever drive somewhere specifically to record an episode, meet with sponsors, or pick up podcast equipment, those miles would be legitimate business expenses. The IRS really focuses on the primary purpose of each trip, so documentation is crucial. Also consider that as your podcast grows, you might start doing more podcast-specific travel (conferences, interviews, equipment purchases) which would clearly be deductible business use.
Have you considered filing as "married filing separately" and having your spouse claim them? The rules can sometimes work differently depending on filing status. With MFS, sometimes the income limits work differently.
Filing separately usually has worse tax consequences overall though. Higher tax rates and you lose a bunch of deductions and credits. Probably not worth it just to try to claim the in-laws.
I've been following this thread and wanted to add something that might help clarify the situation. I work in tax preparation and see this scenario fairly often with clients who have foreign in-laws. The key thing to understand is that for dependency purposes, the IRS looks at gross income from worldwide sources, regardless of where it's taxed. So even though your in-laws' pension is taxed in their home country due to the tax treaty, it still counts toward the $5,050 gross income limit for 2024. However, there are a few things worth double-checking: 1. Make sure you're looking at the gross pension amount before any foreign taxes are withheld 2. Some tax treaties have specific provisions about what constitutes "income" for dependency purposes - though this is rare 3. If either parent has any disability status, there might be exceptions to the gross income test Given what you've described (pension over $6,000), they likely won't qualify as dependents under the gross income test. But definitely verify the exact pension amount first, and consider consulting a tax professional who specializes in international tax issues since treaty provisions can be complex. The support test sounds like you'd easily meet it, and the relationship test is satisfied since they're your in-laws. It's really just that income threshold that's the barrier here.
This is really helpful! I'm new to dealing with international tax situations and this clarifies a lot. When you mention "gross pension amount before any foreign taxes are withheld" - does that mean if their home country takes out taxes before sending the pension, we need to add those taxes back to get the true gross income amount? That could potentially push them even further over the $5,050 limit if we're not calculating it correctly. Also, you mentioned disability exceptions - where would I find information about those? One of the parents does have some mobility issues but I'm not sure if it would qualify as "permanently and totally disabled" under IRS standards.
Just a practical perspective - I tried something similar in my 3-member LLC a few years back. We took out a business line of credit and distributed some to partners when we were having a down year. We didn't get audited, but our accountant had to do some complex basis adjustments. The distributions reduced our basis, and when the business became profitable again, we had to restore that basis before taking tax-free distributions. Also worth noting - if your business stays unprofitable for too long while you're taking distributions, you might run into the "hobby loss" rules where the IRS decides your business isn't really a business if it never makes money!
Did you have issues with repaying the loan later? I'm wondering about the cash flow implications in future years.
I appreciate everyone sharing their experiences and insights here. As someone who's dealt with similar partnership tax issues, I wanted to add a few practical considerations that might help. The strategy you're describing reminds me of what tax professionals call "basis shifting" - trying to manipulate the timing of income and distributions to minimize taxes. While not inherently illegal, it's definitely in the gray area that attracts IRS scrutiny. One thing I learned the hard way is that partnership taxation is incredibly complex, and seemingly small details can have major consequences. For example, if your LLC has debt, that debt increases your basis (which is good for taking distributions), but only if you're personally liable for it. Non-recourse debt has different rules. Also consider the long-term implications. Even if this strategy works in the short term, you'll eventually need to repay the loan with after-tax dollars. Plus, if your business becomes profitable again, you might face higher taxes later when your basis is depleted from the distributions. My advice? Document everything thoroughly if you decide to proceed, and make sure you have legitimate business reasons for both the loan and the expenses. The IRS is much more forgiving of strategies that serve actual business purposes beyond tax minimization. Have you considered alternatives like adjusting your profit-sharing percentages or exploring guaranteed payments to partners? Sometimes simpler approaches are less risky.
Vanessa Figueroa
What about work-life balance differences between the two? I'm currently in law school and considering tax law, but hearing horror stories about attorney hours has me second-guessing.
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Abby Marshall
ā¢I've been a tax attorney for 7 years after switching from general practice. The work-life balance actually isn't as bad as other legal specialties. Tax attorneys typically work 50-60 hour weeks, with some seasonality but nothing like the 80+ hours you might see in corporate or litigation. The CPA side does have more extreme seasonality though. My CPA friends work insane hours January-April (70+ hour weeks), but then have much more reasonable schedules the rest of the year. Some even take extended time off in summer.
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Zadie Patel
This is such a helpful thread! I'm in a similar position - been doing tax prep for 3 years and trying to decide my next move. One thing I'm curious about that hasn't been mentioned much is the income progression differences. From what I've researched, tax attorneys seem to have higher starting salaries but CPAs might have more predictable income growth over time. Has anyone here made the switch from one to the other, or can you speak to how the compensation tracks differently over a 10-15 year career span? Also, I'm wondering about the continuing education requirements - are they significantly different between the two paths? I know both require ongoing learning, but I'm curious if one is more intensive than the other in terms of staying current. Thanks for all the real-world insights everyone has shared so far - this is exactly the kind of practical information that's hard to find elsewhere!
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Isabella Martin
ā¢Great questions! I'm actually pretty new to this community but have been researching both paths myself. From what I've gathered talking to professionals in both fields, the income trajectory does seem to differ quite a bit. Tax attorneys typically start higher (maybe $80-120k depending on firm size/location) but their growth can be more variable - it really depends on whether they make partner, build a strong client base, or specialize in high-demand areas. CPAs might start lower ($55-75k) but seem to have more predictable income growth, especially if they build their own practice or move into industry roles. On continuing education, both require ongoing learning but the focus is different. CPAs need 40 hours annually in most states, with specific requirements for ethics and technical updates. Tax attorneys have similar hour requirements but through their bar associations, plus they need to stay current on case law and legal precedents, not just tax code changes. I'm still weighing both options myself, but the seasonal vs. project-based work styles seem like the biggest differentiator to me. Really appreciate everyone sharing their real experiences here!
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