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Former bookkeeper here. This comes up more than people realize. I've had clients with quasi-legal businesses (not drugs, but things in gray areas) and the approach is usually to describe the actual business function without focusing on potentially problematic details. For example: - "Retail sales" rather than specific products - "Wellness consultant" for certain services - "Import/export" for certain goods The key is not to lie but to describe the business function accurately while letting the NAICS code be somewhat general. Code 453998 "All Other Miscellaneous Store Retailers" or 454390 "Other Direct Selling Establishments" cover a multitude of activities.
But if someone's selling drugs, wouldn't reporting the income create a paper trail that could get them arrested? I thought there was some law that protected people from having to incriminate themselves on tax forms?
You're thinking of the Fifth Amendment protection against self-incrimination. It's a complex legal area where tax law and constitutional rights intersect. While the Fifth Amendment can protect you from having to provide incriminating information, courts have generally held that it doesn't excuse individuals from filing tax returns or reporting income. The requirement to file and pay taxes applies to everyone. However, the specific way information is reported can sometimes be handled to minimize self-incrimination. This is precisely why someone in this situation should work with both a tax attorney and criminal defense attorney - not just a regular tax preparer. It requires specialized legal knowledge to navigate properly.
I read somewhere that the IRS actually has a line for "illegal income" on tax forms. Is that true? Seems crazy they would have a specific place to report drug money lol.
There's no specific line for "illegal income" on IRS forms. All income, regardless of source, gets reported in the appropriate categories based on how it was earned (business income, capital gains, etc.). The IRS is concerned with whether income is taxable, not whether it's legal.
Don't forget to also check with your employer from 2018! Your W-2 from that year would show exactly how much state tax was withheld, which might be enough evidence for the audit. Many larger companies keep payroll records for 7+ years. Also, if you had a bank account back then that you still use, check if you can access old statements - they might show your tax refund deposit or payment which could help your case.
That's actually brilliant! I'm still in touch with my old manager and the company is still around. Do you think the W-2 alone would be enough proof for the state audit, or do they specifically need to see the actual tax return?
The W-2 might be enough depending on what exactly the state is questioning. Since they claim you paid $0 in state taxes, the W-2 would directly contradict that by showing your withholding amounts. It's solid evidence of taxes being taken from your paychecks. For a complete defense, ideally you'd want both the W-2 and the tax return transcript. The W-2 proves what was withheld, while the return shows what you actually filed and calculated. Together they tell the complete story and leave the state little room to argue.
Warning from someone who went through something similar: don't ignore their deadline! Even if you can't get all the documents in time, send them a formal written response explaining that you're actively trying to obtain records and request an extension. Include any confirmation numbers from the IRS about your transcript request. I learned this the hard way and ended up with penalties because I missed their response window waiting for documents.
This is good advice. I work for a CPA firm and we always recommend sending what's called a "partial response" before the deadline if you can't get everything together. Document your efforts to comply - keep records of all calls, submission dates of forms, etc. Many state tax authorities will grant reasonable extensions if you're making good faith efforts.
One option nobody mentioned - you can also just increase your withholding at your W-2 job to cover the taxes from your side income. Just fill out a new W-4 form and give it to your HR department. I did this last year and it was way easier than figuring out quarterly payments. You can use the IRS withholding calculator to figure out how much extra to withhold: https://www.irs.gov/individuals/tax-withholding-estimator
Wow, that's a great idea! So I could just have my company job take out extra from each paycheck instead of doing the quarterly thing? Would I need to tell them it's for side income or just put down a higher withholding amount?
You don't need to explain why you're changing your withholding - just submit a new W-4 with the adjusted amount. On the current W-4 form, there's a section specifically for "extra withholding" where you can put a dollar amount to withhold from each paycheck. I used the withholding calculator, which asked for info about both my W-2 job and estimated side income, then it told me exactly what to put on each line of the W-4. Just make sure you're setting aside enough to cover both income tax and self-employment tax (the SE tax is the one that catches most people by surprise).
Don't forget about state taxes! Everybody here is talking federal, but most states also require estimated quarterly taxes on self-employment income. Check your state tax authority website.
Oh crap, I didn't even think about state taxes. Do you know if the thresholds are different? My side gig only makes like $900 a month.
Teacher with a bakery business here! One thing nobody mentioned yet is that you should keep VERY detailed records of all business expenses for your sole proprietorship. This includes: - Mileage for business travel (like going to meet clients) - Any supplies for wedding planning - Home office deduction if you have dedicated space - Marketing/advertising costs - Professional development related to your business These deductions can significantly reduce your taxable profit, which lowers both your income tax and self-employment tax. I thought I was organized but my first year I missed so many legitimate deductions!
Thanks for this! I've been tracking expenses but didn't think about mileage. Is there a specific app you recommend for tracking business miles? And for the home office deduction, does it matter if I'm sometimes using my dining room table vs having a dedicated office space?
I use MileIQ for tracking business miles - super simple and it creates reports you can use for taxes. Some people like Everlance too. For the home office deduction, you unfortunately need a space used exclusively for business. The dining room table wouldn't qualify since it's also used for personal purposes. It needs to be a dedicated area used only for your business. If you have a spare bedroom or even a section of a room that's exclusively for your wedding planning business, that could qualify. The IRS is pretty strict about the "exclusive use" requirement.
Slightly different approach - I'm also a W2 employee with a side business. Instead of worrying about estimated payments, I just increased my W2 withholding to cover ALL my tax needs. I calculated approximately how much extra tax I'd owe from my business and had my employer withhold additional amounts from each paycheck by adjusting my W-4. This way I don't have to remember quarterly payments or calculate separate amounts. Just make sure you're covering both income tax AND self-employment tax from your business.
This is exactly what I do! So much simpler than doing estimated payments. My accountant suggested withholding an extra $200 per paycheck to cover my side gig, and I've never had issues or penalties.
Absolutely! It's been working for me for 3 years now with zero issues. The key is calculating the right additional withholding amount. I worked backwards by estimating my annual business profit, calculating roughly 15.3% for self-employment tax plus my income tax rate (22% bracket), then dividing by my number of paychecks. The peace of mind from not dealing with quarterly payments is totally worth it. And technically, you're also avoiding potential underpayment penalties since the IRS treats withholding as happening evenly throughout the year, even if you increase it later in the year.
Omar Farouk
22 Something to keep in mind about QSBS - make sure you track your options' exercise date very carefully and keep detailed records of your basis and the company's status at that time. I qualified for QSBS treatment with a previous employer but almost lost the benefit because I didn't have good documentation from when I initially exercised the options. When I eventually sold after acquisition (6 years later), the IRS had questions about my QSBS claim since it was a significant amount excluded from capital gains. Having clear documentation of the exercise date, company status at that time, and holding period made all the difference.
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Omar Farouk
ā¢9 Curious - what specific documentation did you keep that satisfied the IRS during their questions? I'm exercising some QSBS-eligible options next month and want to make sure I'm saving everything I might need years down the road.
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Omar Farouk
ā¢22 The most important documents were my option exercise agreement showing the exact date of exercise, company financial statements from that quarter showing assets under $50M, a letter from the company CFO confirming C-Corp status and qualifying business activities, and proof of continuous ownership through statements showing I held the shares the entire time. I also had emails from company executives discussing QSBS eligibility that I'd saved just in case. The IRS didn't even ask for those, but I was glad to have everything thoroughly documented. They were primarily concerned with verifying the company's status at exercise time and proving I'd held the shares for the required period.
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Omar Farouk
6 Has anyone here actually claimed the QSBS exclusion when selling qualified stock? I'm wondering what software handles this the best. I use TurboTax for everything else but don't know if it can properly handle something specialized like QSBS exclusions.
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Omar Farouk
ā¢19 I claimed QSBS exclusion two years ago. TurboTax Premier technically supports it, but the interface was confusing. You basically report the sale on Form 8949 with code "Q" and then make an adjustment for the excluded gain. I ended up hiring a CPA because I was nervous about doing it wrong - the potential tax savings were too significant to risk messing up the forms.
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