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Am I screwed for paying employees from personal account with no accountable plan?

I run a small business and got into a bit of a financial pickle earlier this year. Had an opportunity to purchase property instead of continuing to rent, which seemed like a smart long-term move. But between the down payment and some other unexpected expenses, I found myself in a serious cash flow crunch. During this tight period, I ended up paying my employees out of my personal checking account for two pay periods because the business account was running too low. Once the company started generating more revenue, the business account reimbursed me for those employee payments I covered personally. Here's where things got messy. My CPA just told me that since I didn't have an "accountable plan" set up beforehand, all that money the company reimbursed me is considered taxable income to me personally. He explained reimbursements are either "accountable" or "nonaccountable" - and apparently without the former, it's considered W2 wage income taxable to me while being a deduction for my corporation. So now we apparently need to amend the payroll tax filings from earlier this year to show this as W2 income to me, and I'm going to end up paying a significant amount in taxes for basically just fronting money to keep my business running. I'm feeling pretty deflated about this. Has anyone dealt with a similar situation? Is there any way around this or am I truly stuck paying taxes on money that was just passing through my account?

Have you looked into treating this as a loan to the company rather than a reimbursement? If you properly document it as a loan you made to your business (even after the fact), then the repayment wouldn't be taxable income to you. I did something similar when I had to cover payroll during COVID before our PPP loan came through.

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That's an interesting angle I hadn't considered. How exactly would I document it as a loan at this point? We've already processed the reimbursement as a regular transfer from the business account to my personal account a few months ago.

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You'd need to create a promissory note between yourself and the company, with reasonable interest terms (look up the applicable federal rate for the time period), and have your board of directors (even if that's just you) approve it retroactively. Then reclassify the "reimbursement" payment as loan repayment in your books. Be aware that this approach works best if the amount was clearly definable and specific, like covering exact payroll amounts. If you've been mixing personal and business expenses regularly without clear documentation, this becomes much harder to justify. Also, don't forget to include any interest required on the loan when doing your taxes - even if you choose to forgive it, there can be tax implications.

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Did your CPA mention anything about the possibility of treating this as an investment in your company rather than a nonaccountable plan reimbursement? Adding to your basis might be another approach depending on your business structure (S-Corp, LLC, etc).

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Caleb Stone

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This is a really good point. What type of business entity do you have, OP? The tax treatment can vary significantly based on whether you're running an S-corp, C-corp, sole prop, etc.

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Emma Garcia

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Just want to add that the distinction between sales and use tax gets even more confusing if you're selling digital products, especially with recurring subscriptions. When I started my graphic design template store, I found out Colorado treats some digital goods differently than physical products.

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That's interesting! My vintage business will be expanding to sell some digital patterns soon. Do you know if downloadable sewing patterns would be taxable in Colorado? Or would they count as a non-taxable service?

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Emma Garcia

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Digital products in Colorado are generally taxable if they're considered "tangible personal property" in electronic form - like downloaded patterns, designs, etc. However, custom design work or services are usually exempt. For your sewing patterns, they would likely be considered taxable digital goods in Colorado since they're standardized products rather than custom services. But other states vary wildly on digital taxation - some exempt all digital products while others tax everything. The rules change constantly too, which makes compliance a huge headache for businesses like ours.

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Ava Kim

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The whole sales/use tax system is ridiculously outdated for today's economy. I've been running an online business for 6 years and I still get confused about nexus requirements all the time. Anyone have recommendations for good tax software that won't cost a fortune? I'm looking at TaxJar but not sure if it's worth the monthly fee.

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I've been using TaxJar for about 2 years and it's decent but not perfect. It sometimes gets special district taxes wrong in Colorado which then requires manual adjustments. If you're only selling in a few states it might be overkill. Avalara is more comprehensive but also more expensive.

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Andre Dupont

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Former tax preparer here. Health insurance premiums for retirees can be tricky. If your insurance is through a retirement plan, sometimes part might be paid with pre-tax dollars already. Make sure you're only deducting premiums you paid with after-tax dollars!

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Luca Romano

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I'm fairly certain mine are all after-tax since I'm paying directly from my personal bank account each month. But is there a way to verify this for sure? The premiums went up significantly after retirement compared to when I was working.

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Andre Dupont

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The significant increase you're seeing is common. While employed, employers often subsidize a large portion of premiums or you may have been paying with pre-tax dollars through a Section 125 cafeteria plan. In retirement, you're typically paying the full premium with no subsidy. You can verify by requesting a benefits statement from your former employer or the plan administrator. They should be able to confirm that your payments are being made with after-tax dollars. The statement from them would also serve as excellent documentation for your tax records in case of an audit.

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Don't forget you can only claim medical expenses that exceed 7.5% of your AGI by itemizing on Schedule A. If your standard deduction is higher than your total itemized deductions would be, it might not benefit you to itemize at all.

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Jamal Wilson

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This! Standard deduction for 2024 is $14,600 for single filers and $29,200 for married filing jointly. Make sure itemizing actually benefits you before going through all this documentation hassle.

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One thing nobody's mentioned yet - make sure you're keeping your receipts in Japanese AND getting English translations or notes for them. I'm an accountant who works with several photographers, and foreign receipt documentation is a major audit flag. Also, if you're bringing expensive camera equipment with you, document what you already own before leaving the country. I've had clients questioned about whether they purchased equipment abroad and were trying to hide it as "business expenses" rather than imports.

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Omar Farouk

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That's a really good point about the receipts! Do you think using a translation app on my phone for each receipt would be sufficient, or should I get professional translations if I get audited? Also, what's the best way to document my existing equipment? Would photos with serial numbers be enough?

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A translation app is usually sufficient for basic receipt documentation as long as you do it at the time of purchase and keep both versions. If you do get audited, then you might need professional translations for any significant expenses, but that's a bridge to cross only if necessary. For documenting equipment, photos with visible serial numbers are good, but I recommend going a step further. Create a spreadsheet listing all equipment with purchase dates, prices, serial numbers, and current value. Take photos/video of everything together before your trip. Some of my clients even get a dated letter from their insurance company listing covered photography equipment, which serves as third-party verification of prior ownership.

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Nia Harris

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Has anyone used TurboTax to handle business travel deductions like this? I'm trying to figure out if their self-employed version would walk me through all these requirements or if I need a specialized tax preparer for my photography business.

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I used TurboTax Self-Employed last year for my graphic design business which included some travel. It asks basic questions about business travel but doesn't really give you the detailed guidance you need for international business trips. It won't tell you about the 75% rule or help with documentation requirements. If you have a complex situation like international business travel, I'd recommend at least consulting with a tax pro who specializes in creative businesses.

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4 Just to add something important that hasn't been mentioned yet - make sure your payroll system can handle ITINs properly. When we hired our first employee with an ITIN last year, our older payroll software kept flagging it as an "invalid SSN" because it started with a 9. We had to manually override it at first, and then eventually upgraded to a newer system that properly recognizes ITINs. Worth checking with your payroll provider before you process the first paycheck to avoid headaches.

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19 What payroll system did you end up using that handled ITINs well? We're using an older version of QuickBooks and I'm worried it might have the same issue.

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4 We switched to Gusto and it's been handling ITINs without any problems. Most of the newer cloud-based payroll systems seem equipped for this now. QuickBooks Online also works with ITINs from what I've heard, but the older desktop versions might give you trouble. Before you switch systems though, you might want to contact QuickBooks support about your specific version - some of them can be updated or have workarounds. The key thing is making sure the system doesn't automatically reject numbers starting with 9 during validation checks.

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24 One critical thing I learned when hiring someone with an ITIN - they're still subject to the same tax withholding rules as any other employee, but there are differences with FICA taxes (Social Security and Medicare). Depending on their immigration and tax residency status, some ITIN holders might be exempt from FICA taxes. Others need to have these taxes withheld just like any other employee. You'll want to confirm their specific situation and make sure your payroll is set up correctly. I made the mistake of assuming all ITIN holders were treated identically for tax purposes, and it created a mess that took months to correct. Each case can be different based on visa status, tax treaties, and residency tests.

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10 How do you determine if an ITIN holder is exempt from FICA? Is there some documentation they need to provide?

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