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Have you considered talking to your state's Department of Labor about this? Sounds like a clear misclassification case. I was in a similar situation as a personal trainer and had to file an SS-8 form with the IRS.
Just wondering - how much are you paying in Social Security and Medicare taxes on your W2? As a 1099 contractor, you'd pay both the employer and employee portions (self-employment tax), which is about 15.3%. Make sure you're factoring that in when deciding if you want to push for reclassification.
This is actually a really important point! When I switched from W2 to 1099 for my coaching job, I was excited about the deductions but then got hit with that self-employment tax. Wasn't prepared for it.
I hadn't even thought about that aspect. My last pay stub shows I'm paying about 7.65% for Social Security and Medicare combined. So I'd basically be paying double that as a 1099? That definitely changes the math on whether pushing for reclassification makes sense. I'll need to calculate if the deductions would offset that extra cost.
I hate to be morbid, but this might create another complication - did the contractor have insurance? If so, and if there's an insurance payout, the amount you'd legally owe the estate might be reduced. I went through something similar (contractor had medical emergency, not murder) and their business insurance covered part of what we would have owed, reducing our final payment. This affected what we could claim for the energy credit since we didn't actually pay the full original amount.
That's a good point I hadn't considered. I have no idea if he had insurance, but I'll definitely look into that. The police haven't given us much information about his business affairs due to the ongoing investigation. I'm guessing we'll learn more once the criminal case progresses and the estate gets settled. Would business insurance typically cover something like this?
Most legitimate HVAC contractors carry some form of business insurance that might cover situations where they can't complete contracted work. It varies widely by policy, but many include provisions for "business interruption" or "contract fulfillment" that could apply here. The estate administrator would be the one handling these claims once appointed by the court. I'd recommend documenting everything meticulously - your original contract, what was completed, what you paid to the second contractor, etc. This will be important not just for the tax credit but also for any future discussions with the estate. In my situation, the insurance company actually contacted us directly once a claim was filed, but that might take time given the circumstances.
Side issue here - but be prepared for delays with your credit. I submitted a perfectly valid EEHIC claim for my heat pump installation last year and got a letter 6 months later from the IRS requesting additional documentation. Apparently they've been scrutinizing these energy credits more closely. Make sure you keep ALL receipts, manufacturer certifications showing the SEER rating, contractor information, and proof of payments.
100% this. I got audited specifically on my EEHIC claim last year. They wanted the AHRI certificate showing the exact efficiency ratings, proof the contractor was certified, and itemized invoices showing what portion was for equipment vs labor. The equipment manufacturer specs were super important - they rejected my first submission because it didn't clearly show the SEER2 rating.
Just to add another perspective - make sure you're paying yourself a "reasonable salary" as an S-corp owner. This is the #1 thing the IRS looks at with S-corps. If your business made $100k but you only paid yourself $20k in salary (with the rest as distributions), that's a red flag. The IRS wants their FICA taxes, and if they think you're underreporting your salary to avoid them, that can trigger an audit. Especially if you're getting refunds, they may look more closely at your filings.
What's considered "reasonable" tho? Is there like a percentage of business income that's the standard? I've heard everything from 30% to 60% of profits should be salary.
There's no fixed percentage that's automatically considered "reasonable" - it depends on your industry, role, qualifications, and what similar positions would pay in your area. A good starting point is to research what someone would earn doing your job in your location if they weren't the owner. Sites like Bureau of Labor Statistics or industry salary surveys can help establish this baseline. Some tax professionals suggest that anything less than 40-50% of your business profits as salary might raise eyebrows, but it really depends on your specific situation.
Has anyone here used both TurboTax and H&R Block for S-corp returns? I'm having similar issues with TurboTax and wondering if H&R Block handles single-member LLC S-corps better. The TurboTax interface seems super confusing for this specific situation.
I switched from TurboTax to H&R Block last yr for my s-corp and it was WAY better. TurboTax kept giving me errors about my 941 payments but H&R Block had a specific section for SMLLC S-corps. The questions were clearer and it properly showed how the salary and distributions flow between the 1120S and 1040.
Just wanted to add some clarity about the lookback rule that might help. This provision was part of the Taxpayer Certainty and Disaster Tax Relief Act, and for 2021 taxes, you can choose to use your 2019 earned income to calculate your EITC if that gives you a larger credit. Remember these key points: 1. Unemployment benefits do NOT count as earned income for EITC 2. You need to manually enter your 2019 earned income in your tax software 3. If you had $0 earned income in 2021, the lookback can be hugely beneficial 4. This was specifically designed to help people who lost work during COVID
Would this still apply for 2022 taxes? I was unemployed for most of 2021 but also for part of 2022, so wondering if I can use this for next year's filing too.
Unfortunately, the lookback provision was only available for tax years 2020 and 2021 as a temporary COVID relief measure. For your 2022 taxes (which you'll file in 2023), you'll need to use your actual 2022 earned income to calculate your EITC. If you're concerned about a lower EITC for 2022, focus on documenting all eligible earned income you did have during the year, and look into other credits you might qualify for like the Child Tax Credit if you have dependents.
Has anyone used TurboTax for the lookback rule? I'm having the same issue but with TurboTax instead of TaxAct. Can't figure out where to enter my 2019 income!
Omar Zaki
Here's another angle to consider with your daughter's scholarship: If she's planning to go to grad school eventually, it might be worth strategically making some of the scholarship taxable during undergrad years when her income is super low. That way she preserves more scholarship money for later when the AOTC isn't available anymore. My daughter did this - we paid the first $4,000 of tuition out of pocket each year (getting the full AOTC on our return), and allocated some scholarship to room/board (making it taxable to her). Because her only income was that taxable scholarship portion, her tax rate was minimal. She ended up with extra scholarship money that carried over, which she used for a summer research program and the first semester of her master's program. Just something else to consider if grad school might be in the picture eventually.
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Oliver Zimmermann
ā¢That's a really interesting approach I hadn't considered! My daughter is definitely talking about grad school already (she's interested in research). How did you handle the estimated tax payments during those years? And did you run into any issues with the financial aid office regarding how you were allocating the scholarship funds?
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Omar Zaki
ā¢We calculated her quarterly estimated tax payments based on the taxable scholarship amount. Since her only income was the taxable portion of the scholarship, it was pretty straightforward - we just divided her expected tax liability by four and made the quarterly payments. She never owed more than about $800 per year in total federal taxes because her taxable income was relatively low. We didn't have any issues with the financial aid office at all. They actually helped us understand how to properly document the allocation between tuition/fees and the room/board expenses. The key was communicating with them about our plan. They provided documentation showing which expenses were considered qualified education expenses versus living expenses, which made tax filing much easier. Most financial aid offices deal with this situation regularly and can provide the documentation you'll need for tax purposes.
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AstroAce
One thing nobody's mentioned yet - if your daughter does any paid internships or has other income during college, that will affect the kiddie tax calculations too. My son had a full scholarship similar to your daughter's, but then got a paid research position in his sophomore year that pushed his income up. This complicated things because suddenly some of his scholarship income was being taxed at OUR marginal rate instead of his lower rate. We had to adjust our tax planning mid-year. Just something to keep in mind if she might work during school at all!
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Chloe Martin
ā¢That's a really important point. Do you know what the threshold is where the kiddie tax kicks in? Is it just the standard deduction amount or is there some other limit?
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