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One thing nobody's mentioned yet that's super important: You need to make sure you're paying yourself a reasonable wage SEPARATE from the medical reimbursements! I tried setting up a Section 105 HRA with my husband's construction business last year and got audited. The IRS disallowed ALL our medical deductions because I was only "paid" through medical reimbursements with no separate actual wages. Make sure you're getting regular paychecks that reflect market value for your administrative work, withholding proper taxes, and filing quarterly employment forms. The medical reimbursements should be completely separate from your normal compensation. Also, document EVERYTHING. Keep a detailed timesheet of hours worked, specific tasks performed, and make sure your job duties are clearly defined in a written employment agreement.
How much did you end up having to pay in back taxes and penalties when they disallowed your arrangement? I'm worried about setting this up wrong and facing a similar situation.
We had to pay back about $5,400 in taxes that we thought we had saved, plus another $1,100 in penalties and interest. The worst part was having to amend two years of returns and losing all those medical deductions we thought we had legitimately claimed. The IRS agent specifically told us our arrangement failed because: 1) I had no regular wages separate from medical reimbursements, 2) We couldn't provide documentation of actual work performed, and 3) We didn't have formal plan documents in place before starting reimbursements. They viewed the whole thing as just a tax avoidance scheme rather than a legitimate employment arrangement. If you set it up correctly from the beginning with proper documentation and treat it like a real employment relationship (regular wages, taxes withheld, formal plan documents), you should be fine. But definitely don't try to cut corners!
One question - does anyone know if I can do this retroactively? My wife has been helping with my plumbing business all year, but we haven't formally documented her as an employee. Could we create the employment agreement and Section 105 plan now in December and still claim the medical expenses for the whole year?
Definitely not! The plan has to be formally established BEFORE any expenses can be reimbursed. If you try to backdate documents, that's a huge red flag for the IRS. You could set it up now for future expenses, but anything before the plan's official establishment date wouldn't qualify.
As a policy idea, making commuting tax deductible would be incredibly expensive for the government. Think about it - almost everyone commutes, so that's hundreds of billions in deductions. They'd have to raise tax rates elsewhere to make up for it. BUT there are some existing commuter benefits worth looking into. Some employers offer pre-tax commuter benefits (up to $300/month for transit/vanpool) through Section 132 fringe benefits. This can significantly reduce commuting costs. Ask your HR department if they offer this program.
Our company actually does offer those pre-tax transit benefits, but most employees don't take advantage of them. Do you know if there's any way to make driving expenses pre-tax too? Most of our staff drives rather than using public transportation.
For driving expenses, the pre-tax benefits primarily cover parking costs at or near your workplace, up to $300/month. The actual driving expenses (gas, maintenance, etc.) can't be made pre-tax unless it's part of a qualified vanpool arrangement. If your employees are mostly drivers, highlight the parking benefit since it can save them 20-37% on those costs depending on their tax bracket. Some companies also offer incentives for carpooling or subsidize vanpools to help with commuting costs. These can be provided as tax-free fringe benefits under certain conditions. Worth exploring if you're trying to encourage more in-office work.
I don't think commuting should be tax deductible at all. People should live closer to their jobs or find jobs closer to their homes. Tax incentives for commuting would just encourage more sprawl, traffic and pollution.
That's incredibly privileged thinking. Many people can't afford to live near their workplace, especially in high cost cities. And "just find a job closer to home" isn't realistic for specialized careers or in areas with limited job options.
You're right, I didn't consider the housing affordability crisis in many areas. I was thinking purely from an environmental perspective, but there are social equity issues too. Maybe a better approach would be targeted deductions for lower-income workers who are forced to commute long distances due to housing costs, rather than blanket deductions that would mostly benefit higher-income taxpayers. Or better yet, improve public transportation and make that more widely available as a pre-tax benefit.
Actually, I have a WISP template I can share that was approved for my husband's 3-person accounting firm. It's pretty straightforward and has all the required sections without too much corporate bloat. If you DM me I can send it over. Just make sure to customize the risk assessment for your specific business needs. The most important thing is documenting that you actually FOLLOW whatever security practices you put in the document. A simple WISP that you actually implement is better than a fancy one that sits in a drawer.
Thank you so much! I'll send you a message right away. When you implemented it, what was the most challenging part for a very small operation? And did you find any particular resources helpful for the risk assessment portion?
The most challenging part was definitely creating reasonable security controls for customer data without breaking the bank. Simple things like implementing password managers and enabling two-factor authentication gave us big security improvements without major costs. We also created a very basic security training that takes about 20 minutes to go through with new employees. For the risk assessment, NIST has a publication called "Small Business Information Security: The Fundamentals" (NISTIR 7621) that was incredibly helpful. It has a straightforward approach to identifying your most important information assets and the realistic threats to those assets. Much more practical than the enterprise-focused guides I found elsewhere.
I'm confused about whether a WISP is even required for a business that small? Our CPA told us we only needed one because we process credit card payments and store customer financial info. If the family business doesn't handle sensitive data, do they still need one??
Great question about applicability. A WISP is legally required in some states (like Massachusetts) for any business that collects personal information of residents, regardless of size. In other states, requirements vary. However, even when not strictly required by law, many client contracts and cyber insurance policies now require a documented security program. So it really depends on what kind of information the business handles, where their customers are located, and what contractual obligations they have. Since the original poster mentioned it's required for a new client, that's likely a contractual requirement rather than a statutory one.
I had this same issue happen to me. Filed Feb 2, got accepted Feb 3, then "approved" status for like 3 weeks! Finally got my deposit on March 1. The IRS is just really backed up this year. If they gave you a date of April 4, I'd bet money you'll get it that day or maybe even a couple days earlier. The system is usually pretty accurate once it gives you an actual date.
Did you get the full amount you were expecting? I'm worried because mine says "approved" but with a slightly different amount than I calculated.
Yes, I got exactly the amount shown on the "Where's My Refund" tool. If your approved amount is different than what you calculated, the IRS probably made an adjustment to your return. This happens a lot - they might have caught a math error or determined you qualified for a different credit amount than what you claimed. The good news is that once it shows "approved" with a specific amount, that's what you'll get deposited. You should receive a letter in the mail explaining any adjustments they made to your original return.
Pro tip: Check your bank account early morning on your deposit date! The IRS typically sends deposits in batches overnight, so many people see their refunds hit their accounts around 6-7am on the scheduled date. Also, some banks post deposits a day or two early, especially online banks. My credit union consistently posts my tax refund about 24 hours before the official IRS date.
Yara Khoury
9 Has anyone tried the IRS's Free File Fillable Forms for a partnership return? I know they offer free filing for individuals, but not sure if it extends to business returns like Form 1065.
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Yara Khoury
ā¢18 Free File Fillable Forms don't support business returns unfortunately. They're only for individual Form 1040 filing. I looked into this last year for my low-revenue LLC and had to go another route. Partnership returns require either paid software, paper filing, or hiring a professional.
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Yara Khoury
ā¢9 Thanks for clearing that up. That's disappointing - you'd think the IRS would want to make it easier for small businesses to file properly. Guess I'll look into paper filing or the other options mentioned in this thread.
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Yara Khoury
11 Just want to mention that if your partnership had less than $250,000 in receipts AND less than $1 million in assets, you qualify for the Form 1065-EZ... oh wait, I'm totally wrong - there is no EZ version for partnerships! Sorry for the confusion. This is part of why partnership taxation is so frustrating for small businesses.
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Yara Khoury
ā¢19 You had me excited for a second there! I was already googling "1065-EZ" before I finished reading your comment. It's crazy that they don't have a simplified version for tiny partnerships.
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