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Ask the community...

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Serene Snow

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One important thing nobody's mentioned - S-Corps are required to have minutes of annual meetings, even if your sister is the only shareholder/officer. This is called "maintaining corporate formalities" and it's SUPER important if you want to keep the liability protection an S-Corp provides. If she hasn't been doing bookkeeping, I'm guessing she hasn't been keeping minutes either. When I went through something similar, my lawyer had me create backdated minutes (obviously dated accurately) documenting major business decisions for the past years. It's something she should discuss with both her accountant AND a business attorney. If you don't maintain these corporate formalities, someone could potentially "pierce the corporate veil" in a lawsuit and come after her personal assets. The whole limited liability thing only works if you actually treat the corporation as separate from yourself.

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Thanks for bringing this up - I hadn't even thought about the corporate formalities aspect. Do you think it's still possible to create those minutes retroactively without it looking suspicious? And would a regular business attorney handle this or does she need someone who specializes in tax issues?

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Serene Snow

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Creating retroactive minutes is actually a common practice when catching up on corporate formalities. The key is to be honest about the dates - you're creating the documentation now, but accurately reflecting when decisions were made. You want to document major business decisions like officer appointments, banking authorizations, major purchases, etc. A regular business attorney who works with small corporations should be fine for this - you don't need a tax specialist for the corporate formalities aspect. Many attorneys will even provide templates for these minutes to make it easier. The important thing is showing a good faith effort to comply with requirements going forward while documenting the history as accurately as possible.

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Just a heads up that if your sister has been taking money out of the business without doing proper payroll, the IRS can reclassify ALL distributions as wages subject to employment taxes. I've seen this happen to clients and it can result in massive tax bills with penalties and interest. The S-Corp advantage is ONLY realized when you properly balance reasonable salary (subject to payroll taxes) with distributions (not subject to self-employment tax). If you're not running payroll at all, you're basically just creating a compliance nightmare without any of the tax benefits.

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Is there a safe formula for what counts as "reasonable salary" for an S-Corp owner? I've heard everything from 30% to 70% of profits should be salary vs distributions.

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Don't forget you'll need to file Schedule C (Profit or Loss from Business) with your taxes to report your self-employment income. Keep DETAILED records of all income and expenses - I learned this the hard way. Also, look into opening a separate business checking account and maybe even a business credit card. Makes tracking WAY easier come tax time. Trust me, your future self will thank you when you're not sorting through a year's worth of mixed personal and business transactions.

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Liv Park

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Is there a minimum amount of contractor income before you have to file Schedule C? I just started doing some small side gigs and wasn't sure if I need to bother with all this.

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There's no minimum threshold for filing Schedule C if you're self-employed. Even if you only make $400 in contractor income for the year, you need to report it. That's also the threshold where you have to pay self-employment tax. It seems like a pain for small amounts, but it's way better than getting a letter from the IRS later. Plus, reporting even small self-employment income creates a work history for Social Security purposes, which can be important for your benefits later in life.

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Anyone have advice on the best apps to track expenses for contractors? I'm terrible at keeping receipts and always scrambling at tax time.

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Ryder Greene

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I use QuickBooks Self-Employed and it's been a lifesaver. You can link your bank accounts and it automatically categorizes expenses. It also tracks mileage if you drive for work. Around $15/month but worth every penny for the time it saves.

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Zainab Yusuf

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A bit off-topic but I want to share a warning from my experience: make sure your kids understand how tax dependency works for future years! My college-age kids kept making the same mistake on their tax returns year after year because they thought "I have a job so I must be independent" which is NOT how tax dependency works. I created a simple rule for them: "If I'm paying more than half of your total expenses for the year (housing, tuition, food, etc.), then I can claim you as a dependent - regardless of whether you have a part-time job." This prevented so many headaches in later years.

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Could you clarify if there's a specific income limit for dependents? My daughter made about $14k last year from her part-time job while in college, but I still pay for her tuition, housing and most expenses. Can I still claim her?

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Zainab Yusuf

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For a qualifying child (which includes full-time students under 24), there is no income limit. Your daughter can earn any amount and you can still claim her as long as you provide more than half her total support and she lives with you for more than half the year (with exceptions for temporary absences like college). The income limit ($4,700 for 2023) only applies to qualifying relatives who aren't your children. This is a common misunderstanding that causes a lot of problems. So yes, you can absolutely claim your daughter as a dependent even with her earning $14k, as long as that money isn't covering more than half of her total expenses.

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Yara Khoury

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Has anyone here tried using TurboTax or H&R Block software to handle resubmitting a rejected return with dependent issues? I'm wondering if the commercial software makes this easier or if I should just prepare the forms manually.

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I used TurboTax for a similar situation. Since it was a rejected return that was never officially filed, I was able to just go back into my TurboTax account, access the return, fix the issue with my dependents, and resubmit. But since it had been more than 45 days since the rejection, their system wouldn't let me e-file again, so I had to print and mail it.

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Yara Khoury

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Thanks for the info! I'll check if I can still access my old return in TurboTax. 45 days have definitely passed for me too, so I'm guessing I'll have to mail it in as well. Did you need to include any special notes or forms explaining that it was a resubmission of a rejected return?

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Ava Garcia

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Something else to consider - your boyfriend might be able to claim you as a dependent if you meet certain requirements. If you make under a certain amount and he provides more than half your support (including housing), this could actually benefit him more than any rental deduction would benefit you. It's worth looking into the rules for qualifying relatives/dependents. This could potentially save him more on taxes than you'd get from any rental deduction (which, as others pointed out, probably doesn't exist in your case anyway).

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GalacticGuru

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Thanks for this suggestion! I do work full-time though and make about $38k per year, so I don't think I'd qualify as his dependent? We split all expenses pretty evenly.

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Ava Garcia

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You're right - with that income level, you definitely wouldn't qualify as a dependent. The income limit for a qualifying relative in 2023 is $4,400, and you're well above that. And since you split expenses evenly rather than him providing more than half your support, that would disqualify you anyway. Thanks for the additional info! It's always good to explore all possibilities, but in this case, it looks like neither of you will get tax benefits from your living arrangement.

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Miguel Silva

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I'm surprised no one has mentioned checking your rental agreement for what it says about subletting or unauthorized occupants. Even if there's no tax consequence that would notify the landlord, you might be putting your boyfriend at risk of violating his lease. Many leases have specific language about how long guests can stay before they need to be added to the lease. Some landlords are strict about this and others don't care, but it's worth checking before you worry about tax implications.

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This! I work in property management and we definitely notice when someone is living in a unit who's not on the lease. Maintenance visits, neighbors mentioning things, security cameras in common areas, etc. The tax stuff is probably the least of your concerns.

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QuantumQueen

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One piece of advice from someone who's been through THREE audits (small business owner, apparently I'm on their favorite list lol) - ORGANIZE EVERYTHING BY QUESTION NUMBER and include a cover sheet listing exactly what's included. Don't just send a pile of random documents. For each question, write a brief explanation of the documents you're providing and how they answer the question. This makes it MUCH easier for the agent reviewing your case and shows you're being cooperative and thorough. Also, don't be afraid to call and ask for an extension if you need more time to gather documents. They usually grant an additional 30 days if you ask professionally and have a reasonable explanation.

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Chloe Harris

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Thanks for the organization tips! Did you include explanations directly on the cover sheet or separate explanation pages for each question? And did you use any particular format that seemed to work well? I want to make this as painless as possible for both me and whoever reviews my case.

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QuantumQueen

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I created a master cover sheet listing all questions and what was included for each, then for complex items I added separate explanation pages with more detail. For example, "Question 12: Home Office Deduction - See floor plan on page 5, utility bills on pages 6-8, and explanation of business use on page 9." The format that worked best was using a clear numbering system matching their questions exactly. I used dividers between sections and paper-clipped related documents together. I also highlighted relevant information on bank statements or lengthy documents. The agent who handled my last audit specifically mentioned that my organization made their job easier, which I think contributed to a favorable outcome!

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Aisha Rahman

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Has anyone ever successfully challenged one of these audits? I got a similar letter last year questioning my business travel expenses and meal deductions. I sent in all my documentation but they still disallowed about 30% of my deductions saying they weren't "ordinary and necessary" for my line of work. I feel like they're just automatically rejecting things without really considering my explanation.

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Ethan Wilson

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Yes! I appealed an audit decision and won about 70% of what they initially disallowed. The key was providing additional context that showed why those expenses were actually ordinary and necessary in MY specific industry. I included articles about standard practices in my field and letters from colleagues confirming these were normal business expenses for our type of work.

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