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Just wanted to add something important: If you decide to go the guaranteed payment route, remember these payments are subject to self-employment tax for your sister. Make sure she's aware she'll need to make quarterly estimated tax payments on this income. Our LLC does something similar, and we actually gross up the payments to help cover the SE tax burden so our member isn't surprised by a big tax bill.
Can you explain how the "gross up" works? Do you just pay them more to cover the taxes, or is there some specific calculation?
We basically increase the payment amount to account for the roughly 15.3% self-employment tax they'll owe. So if we want them to net $1,000 after SE tax, we'd pay about $1,180 instead. There's no perfect calculation because their actual tax situation depends on all their other income and deductions, but this is a rough approximation that helps prevent surprises. We record the full grossed-up amount as the guaranteed payment on their K-1.
Does anyone know if there are any circumstances when an LLC COULD issue a 1099-NEC to a member? My accountant insists it's possible in certain situations but I'm not convinced.
One thing nobody's mentioned yet - check if your state has any tax implications from this too! When I had a similar issue with a retirement distribution, I found out I owed state taxes as well. The IRS notice doesn't address that part, so you might have a separate issue with your state tax agency.
Oh man I hadn't even thought about state taxes. I'm in Virginia - do you know if they handle 401k distributions the same way the feds do?
Virginia generally follows the federal treatment of retirement distributions, so if it's taxable for federal purposes, it will likely be taxable for Virginia as well. However, Virginia has its own deductions and credits that might help offset some of the additional income. I'd recommend checking the Virginia Department of Taxation website or contacting them directly. You might need to file an amended state return as well. Virginia's statute of limitations for tax assessments is generally 3 years, so they could potentially come after you for this even if they haven't yet.
Have you looked into setting up an installment agreement? With a $65k bill, the IRS will almost certainly work with you on a payment plan. You'll still accrue some interest, but it's way better than trying to pay it all at once.
This is good advice. I set up an installment agreement for about $40k a few years ago. Process was actually pretty straightforward online for amounts under $50k, but for $65k you'll probably need to call and talk to someone. They'll ask about your monthly expenses and income to determine what you can pay.
One thing nobody's mentioned - for contractors specifically, insurance rates can be different between LLC and LLP. Our insurance broker gave us a better rate on general liability and workers comp for our LLC versus what we would have paid as an LLP. Something to consider when making your decision since insurance is a major expense in contracting.
Is that true across all states? I'm in Florida and starting a similar business. Did your broker explain why there's a difference in rates between the two structures?
From what our broker explained, it's not universal across all states but is common in many. The difference comes from how insurance companies assess risk based on historical claims data. They have more data on contractor LLCs than LLPs since LLCs are much more common in the construction industry. In Florida specifically, I've heard the difference can be even more pronounced because of how your state handles construction defect claims and the associated liability. Insurance companies have specific rating factors for different business structures, and LLCs in contracting tend to have more favorable loss histories in their actuarial data. Definitely worth getting quotes for both structures from a broker who specializes in contractor insurance.
Don't forget about self-employment taxes! With both LLC and LLP taxed as partnerships, you'll pay self-employment taxes (15.3%) on your entire distributive share. Once you're making decent money, you might want to consider having your LLC elect S-Corp taxation status to potentially reduce those taxes. My contracting business started as an LLC partnership but we switched to S-Corp taxation after hitting about $200k in profits. Saved us thousands in SE taxes while maintaining the liability protection of the LLC structure.
Can you explain more about how that works? We're just starting but hoping to grow quickly. How complicated was switching to S-Corp taxation?
In my experience, you should be fine to use that money. The bank wouldn't release it if they weren't certain the transaction was valid. The IRS "Where's My Refund" tool is notoriously slow to update. I've had years where my refund arrived a week before the tracker finally updated to "sent". Just keep the money in your account for a few days if you're paranoid, but it sounds totally normal to me.
That's reassuring to hear! Have you ever heard of the IRS taking back a refund once it was deposited? That's my main worry - spending the money and then suddenly finding out there was some mistake and owing it all back.
I've never personally heard of the IRS taking back a refund after it was deposited unless there was actual fraud involved or a massive calculation error. If you filed honestly and the amount matches what your tax software calculated, you should be absolutely fine. If it gives you peace of mind, you could keep the bulk of it in your checking account for a week or so before moving it to savings or spending it. But really, once it's in your account, it's almost certainly legitimate and yours to keep.
One thing nobody's mentioned - check your tax transcript directly on the IRS website (you'll need to create an account if you don't have one). The transcript will show the exact status of your return and refund, including dates for processing and the direct deposit. The transcript updates before the "Where's My Refund" tool and will confirm if the money is really from the IRS.
Great advice. I just checked my transcript and it showed my refund was processed even though the tracker still says "received" like OP's situation. The transcript is definitely more reliable!
Chloe Harris
One thing to consider with Form 1116 and foreign tax credits - if your foreign taxes are less than $300 ($600 for married filing jointly), you might be able to claim them directly on Schedule 3 without the complexity of Form 1116. I did this for years until my foreign investments grew larger. Much simpler approach if you qualify!
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Natasha Kuznetsova
ā¢Wait, seriously? My accountant has been using Form 1116 every year even though my foreign taxes are just around $550 and I file jointly with my spouse. Is this something TurboTax would automatically detect?
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Chloe Harris
ā¢Yes, TurboTax should absolutely detect this and give you the option to use the simplified approach if you qualify. It's called the "exemption from filing Form 1116" and it applies when your qualified foreign taxes are under $600 for married filing jointly. Your accountant might be using Form 1116 because there are some situations where using it could be more advantageous even below the threshold, especially if you have carryover credits from previous years. But for most people under the threshold, taking it directly on Schedule 3 is much simpler and works just fine.
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Diego Vargas
I switched from an accountant to TurboTax last year for a similar situation with foreign dividends. Just a tip: make sure you're using TurboTax Premier or above, as the Deluxe version doesn't handle Form 1116 properly. Also, does anyone know if H&R Block software handles foreign tax credits better than TurboTax? I've heard mixed things.
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NeonNinja
ā¢I've used both and honestly H&R Block's handling of Form 1116 is more transparent. It shows you the actual form as you're working and explains the limitations better. TurboTax hides a lot of the calculations behind the scenes. H&R Block also has better handling of multi-country calculations if you have investments in different regions. The downside is their interface isn't as sleek as TurboTax.
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