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Another option to consider is using a specialized sales tax consultant rather than a full tax attorney. They typically charge $200-350/hour instead of $750+, and this is literally all they do. I used Cherry Bekaert's sales tax team for our e-learning platform, and they were able to get us clarity for about $1500 total across multiple states. They also have established relationships with many state DORs that can expedite getting written determinations. Whatever you do, don't just guess and hope for the best. The penalties and interest can be brutal if you get audited down the road.
$1500 sounds way more reasonable than what I was quoted! Did they provide written documentation of their findings that you could use if you were ever audited?
Yes, they provided a comprehensive memo documenting their research and conclusions for each state. The document included citations to specific statutes, regulations, and rulings that supported their position. They also included a matrix showing taxability by state with color coding for high/medium/low risk areas. This became our "reasonable cause" defense documentation in case of audit, which protects against penalties (though not the underlying tax if you're found to owe it).
Has anyone here used the "voluntary disclosure" approach with states where you might have accidentally created nexus and not collected tax? I'm worried we might have been doing this wrong for the past year.
Voluntary disclosure agreements (VDAs) can be incredibly helpful if you think you've had past exposure. Most states limit the lookback period to 3-4 years instead of their full statute of limitations, and they'll typically waive penalties. They're relatively straightforward to set up - you can even apply anonymously through a representative in most states until you have certainty about the terms. I'd suggest starting with the states where you have the most sales before they find you through audit or data mining.
Don't forget that if you use tax software like TaxAct Business or TurboTax Business, you can e-file the extension through there! It's way easier than trying to figure out where to mail a paper form. I've been running my S-corp for 3 years and always just hit the "file extension" button in my tax software and it handles everything automatically.
Can you still file an extension through tax software if you're not actually planning to use that software to file your final return? My accountant prepares my actual S-corp return but I handle the extension myself.
Yes, you can absolutely use tax software just for the extension even if your accountant prepares the final return. You just need to enter your company info and select Form 7004 for your S corporation. The software will submit the extension electronically and provide confirmation. I do this every year because my accountant charges extra to file the extension, but it only takes me about 10 minutes to do it myself through tax software. Just make sure you have your EIN and basic business information handy when you do it.
One important thing nobody mentioned - if your S corp operates in multiple states, you might need to file separate extensions for each state! I found this out the hard way last year when I got a penalty notice from California even though I had filed my federal extension on time.
This is super important advice! Each state has different rules too. Some automatically grant an extension if you have a federal one, others require their own form, and some have different deadlines altogether. Always check each state where you have nexus.
Thanks for confirming! It was such a headache dealing with that penalty. I ended up having to call each state tax department directly to figure out their specific requirements. New York and California were the most complicated for me, while some other states were pretty straightforward about accepting the federal extension.
My experience has been totally different. Filed electronically on February 3rd and still nothing as of today (March 15). The Where's My Refund tool just says "still processing" and gives me no additional info. This happens to me EVERY. SINGLE. YEAR. My husband always gets his super fast (separate filing) but mine always takes forever. So frustrating!!
Did you claim any tax credits like earned income or child tax credit? Those automatically delay processing until at least mid-February because of the PATH Act.
No tax credits like that. Just a standard return with a W-2 and mortgage interest deduction. Nothing complicated! That's why it's so annoying - my husband's return is actually more complex than mine with business income and he gets his refund in like a week. Meanwhile I'm over here waiting 6+ weeks every year for my simple return. Makes zero sense.
My refund took 9 days from filing to deposit. Not as fast as yours but way better than last year when it took almost 2 months! I think filing early really helps - I submitted on January 28th this year vs waiting until early March last year.
Regarding the discrepancy between your actual earnings and what's on the 1099-NEC - this happened to me last year. Turns out the company only issues 1099s for amounts over a certain threshold to each vendor, BUT you still need to report ALL income you earned regardless of whether you received a form for it. You should contact the company and ask why there's a difference. If they confirm they only reported part of your earnings, you'll need to add the additional income on Schedule C as "income not reported on 1099-NEC" or something similar. Better to report everything now than deal with an IRS notice later when they match your bank deposits against reported income!
Thanks for this advice! I just contacted the company and you're exactly right - they have a policy of only issuing 1099-NECs for amounts over $600 per project, and I had several smaller projects that added up to the missing amount. They confirmed I should still report everything. How specifically do I add this to my tax return? Is there a specific line or form for "income not reported on 1099-NEC"?
You'll report all your self-employment income on Schedule C, regardless of whether it was on a 1099 or not. There's not actually a separate line for "income not reported on 1099-NEC" - I was simplifying a bit there. The total income you report on Schedule C should be everything you earned from your business, and the IRS doesn't actually require you to break out what was or wasn't on a 1099 on this form. If you're using tax software, there's usually a section where you enter 1099-NEC information, but there should also be a way to add additional self-employment income. Just make sure your total Schedule C gross receipts equals all the money you received from your business activities.
Anyone know if the freelance tax rules changed recently? Last year I paid WAY more than the OP is being asked to pay on similar income. I used TurboTax tho, not FreeTaxPortal.
The basics haven't changed much but the standard deduction amount increases slightly each year. The bigger difference might be that you didn't claim as many business deductions? Also, your income from other sources could affect it. Self-employment taxes are pretty consistent at around 15.3% of net business profit.
Laila Fury
Another thing to consider is that TurboTax might be concerned about the psychological impact of owing a large sum at tax time. Many people get stressed when they see they owe several thousand dollars, even if they've planned for it. I've used both approaches - the safe harbor method and trying to match withholding exactly. Honestly, the safe harbor method is so much simpler, especially if your income fluctuates or you have multiple income sources. The mental clarity of knowing exactly how much you need to withhold for the year (110% of last year's liability) makes tax planning way easier.
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Geoff Richards
ā¢Do you know if the 110% rule applies to state taxes too? I've been using it for federal but never thought about state requirements.
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Laila Fury
ā¢The safe harbor rules vary by state. Many states follow the federal 110% rule, but some have their own requirements. California, for example, has a similar safe harbor rule but with some differences. New York follows the federal rules pretty closely. Check your specific state's tax department website for their safe harbor rules. Generally speaking though, most states have some form of safe harbor protection, and many do follow the federal 110% guideline for higher income taxpayers.
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Simon White
Don't forget that TurboTax is a business trying to upsell you on services and features. Every time it "warns" you about potential issues, it's also creating opportunities to sell you additional services. I switched to a different tax software last year and noticed far fewer warnings about my withholding when using the exact same safe harbor strategy. The new software simply noted that I qualified for safe harbor protection without suggesting I needed to make changes.
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Hugo Kass
ā¢Which tax software did you switch to? I'm getting tired of all the unnecessary warnings in TurboTax too.
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