FAQ Home + Self-Employed FAQ
Ask an Accountant! FAQ
Created by Radical Accountant
Table of Contents
Self-employed FAQ (you are here)
Self-Employed Bookkeeping
📈 How can I do my own bookkeeping?
Simple Guide to Bookkeeping for Self-Employed People
Should I save receipts?
How should I save receipts?
Should I track miles driven for work? What about expenses for my car?
Schedule C Income & Expense Categories
Self-Employed Taxes
How to Calculate Your Estimated Taxes (for the Self-Employed)
Quick & Easy Estimation Shortcut
Self-Employed Retirement
What retirement plan do I want?
Employment Classification
Contractor versus employee considerations
I’m a contractor or pay contractors in California, do I need workers compensation?
Other guides in this FAQ
Business deductions (across entity types)
- Deducting Meals
- Self Employed Vehicle Deductions
- Deductible Business Expenses for Self-Employed Therapists
Non-business Tax Optimizing
Interacting with Tax Agencies (IRS, CA FTB)
- How to pay the IRS
- IRS Transcripts
- How to set up a payment plan with the IRS
- Late 1040 filing penalties
- Request IRS abatement of penalties
- Amended return processing delays
- How to pay the CA FTB
- PTE (Pass Through Entity Elective Tax)
- CA personal income tax
- LLC tax and fee
- S Corp tax
Business Entities and their fine points
- Owner distributions
- Corporation owner pay
- How does an S Corp even work
- Late S Corp elections
- Sales tax for CA nonprofits
- Donation guide for nonprofits
- Close an LLC
Radical Accountant Services
- Taxes with RA
- Bookkeeping with RA
- Business compliance with RA
Self-Employed Bookkeeping
📈 How can I do my own bookkeeping?
We have a bookkeeping template we made that you can copy and use! Enjoy :)
Here’s what you need to know to use it…
Simple Guide to Bookkeeping for Self-Employed People
(No accounting degree required!)
1. Start With the Right Bank Setup
Keeping your business money separate from your personal money makes everything easier.
- Open a business checking account – even if you’re a sole proprietor with no LLC.
- Open a business credit card – use it only for work expenses.
- Only use your business accounts for income and expenses related to your work.
- Your personal accounts stay for groceries, Netflix, and other life stuff.
Why this matters:
If you mix everything in one account, you’ll waste hours sorting through personal transactions at tax time. If you keep them separate, your “business books” are already 90% done.
2. Download Your Transactions
You don’t have to enter every receipt manually. Your bank already has the list.
- Log into your business checking account online.
- Look for a button that says Export or Download.
- Choose CSV format (looks like a spreadsheet).
- Do the same for your business credit card.
- Save them somewhere safe – like a “Bookkeeping” folder on your computer.
- You might name them: 2025-01_Bank.csv or 2025-01_CreditCard.csv
Tip: Download transactions monthly so you’re not buried at year-end.
3. Combine and Sort Your Data
You can use Excel, Google Sheets, or bookkeeping software like QuickBooks, Wave, or Xero.
- Copy both the bank and credit card CSV data into one sheet (or import into software).
- Make sure each row has:
- Date
- Description (what it was for)
- Amount
- Category (we’ll talk about that next)
4. Categorize Your Transactions
Categories are just labels that tell you what each transaction was for. The IRS uses these when you file taxes on Schedule C.
Here are the main ones you’ll use (more on this below!):
- Income – all payments from clients/customers.
- Advertising – website hosting, social media ads, business cards.
- Car and Truck Expenses – gas, maintenance, or mileage.
- Office Supplies – printer paper, pens, postage.
- Utilities – business phone, internet (business portion only).
- Travel – flights, hotels, Uber/Lyft (for work trips).
- Meals – food while traveling for work or meeting clients (usually 50% deductible).
- Professional Services – accountants, lawyers, consultants.
- Insurance – business liability insurance, health insurance (if reimbursed by business).
- Dues and Subscriptions – industry memberships, software like Zoom or Canva.
- Other Expenses – things that don’t fit above (must be business-related).
Pro Tip:
If you’re not sure what category something fits into, put it in “Other Expenses” with a note. Your accountant can reclassify it later.
5. Watch Out for These Confusing Things
Here’s where non-accountants often get tripped up:
- Owner’s Draws – money you take out of your business account for yourself is not an expense. It’s just you moving your own money.
- Personal Purchases on Business Accounts – try to avoid this. If it happens, mark it as “Personal – Not Deductible” so it’s ignored for taxes.
- Reimbursements – if you pay for something with personal money but it’s a business expense, record it in your books and mark it as reimbursed.
- Cash Payments – still record them! Keep a note of who paid you and when.
- Sales Tax – if you collect sales tax from customers, that’s not income. It’s money you pass to your state.
6. Do This Monthly (Not Year-End!)
At the end of each month:
- Download that month’s CSVs.
- Categorize each transaction.
- Make sure you didn’t miss any income.
- Keep digital copies of receipts for large expenses or anything unusual (scan or snap a pic).
If you do this regularly, your taxes will be way less painful — and you’ll always know how your business is doing.
7. When to Call an Accountant
Even if you DIY your monthly bookkeeping, a tax pro can:
- Make sure your categories are right.
- Help you find deductions you might have missed.
- File your taxes correctly.
- Give advice on whether you should change to an S Corp or another structure.
Bottom line:
Keep business and personal separate, download your bank data regularly, and keep your categories consistent. That’s 90% of bookkeeping — the rest is just practice.
Should I save receipts?
For all business expenses, it's best to save the receipt! If the expense is under $75, it’s not strictly required by the IRS except in certain cases. For expenses under $75, you should save the receipt if the vendor doesn't make it clear what you bought, OR if the expense is for airfare, hotel stays, meals, or car rentals. For example, purchases from Target or Amazon don't make it clear what you bought so you should always save the receipt showing what was bought, but a transaction from the fabric store, a business consultant, or the specialty spices shop is already specific about what you purchased. For every transaction, a written record containing four pieces of information is required: Date, amount, vendor, and what was purchased.
How should I save receipts?
- Good: Physical copies in a folder you’ll save for at least 4 years
- Better: Digitized: photos, PDFs, and scans in a digital folder you’ll save for at 4 years
- Best: Digitized and linked in your bookkeeping to the transaction. Accounting software will let you attach files, or if you’re using a spreadsheet you can drop in a link to the file that’s uploaded to google drive, dropbox, or similar
Should I track miles driven for work? What about expenses for my car?
For car-related expenses -- you'll be tracking miles driven for work. An app like Stride Tax or MileIQ can be handy for this! It's a bit complicated, but your actual expenses *could* be relevant if you've never deducted using the standard mileage rate before AND your actual expenses (as a percentage of miles for vs not for work) is a more valuable deduction than the standard mileage rate (unusual, but it happens). So... short answer -- yes, it's good to track vehicle expenses (insurance, registration, repairs, maintenance, gas, cleaning, payments/lease) but you may not use that data, and it's much more important to track miles driven for work.
Schedule C Income & Expense Categories
When you’re self-employed, your net profit on Schedule C is simply:
Income – Expenses = Taxable Profit
To reduce your taxable profit, you need to track expenses in the IRS-approved categories below. If something doesn’t fit neatly, you can use “Other Expenses” (Line 27a) with a description.
Income Section (Lines 1–7)
- Gross Receipts or Sales – All income from your business before expenses.
- Returns and Allowances – Refunds or price adjustments given to customers.
- Other Income – Miscellaneous business income not from your main sales/service (e.g., grants, interest on business accounts).
Cost of Goods Sold (COGS) – Part III
(Only if you sell products or make things)
- Beginning Inventory – Value of goods you had at the start of the year.
- Purchases – Items bought for resale, minus personal use.
- Cost of Labor – Wages for employees who make or package products (not your own pay).
- Materials & Supplies – Raw materials or items used directly in production.
- Other Costs – Factory overhead, shipping for raw materials, etc.
- Ending Inventory – Value of goods still on hand at year-end.
Expense Categories (Lines 8–27)
- Advertising – Ads, flyers, social media promotions, business cards.
- Car & Truck Expenses – Actual expenses (gas, repairs, insurance) or standard mileage rate (keep mileage log).
- Commissions & Fees – Payments to sales agents, marketplace selling fees, referral fees.
- Contract Labor – Independent contractors and freelancers (file 1099-NEC if required).
- Depletion – Rare; for natural resources like timber, minerals, oil.
- Depreciation & Section 179 – Deducting the cost of big assets over time (equipment, furniture, vehicles).
- Employee Benefit Programs – Benefits for employees (health insurance, retirement contributions).
- Insurance (Other than Health) – Business liability, malpractice, property insurance.
- Interest – Mortgage – Interest paid on loans for business property.
- Interest – Other – Credit card interest or other non-mortgage business loans.
- Legal & Professional Services – Attorneys, accountants, tax preparers, consultants.
- Office Expense – Office supplies, postage, small office equipment.
- Pension & Profit-Sharing Plans – Contributions to employee retirement plans.
- Rent or Lease – Vehicles, Machinery, Equipment – Renting tools, equipment, or vehicles.
- Rent or Lease – Other Business Property – Renting office, studio, or storage space.
- Repairs & Maintenance – Fixing or maintaining business property/equipment.
- Supplies – Items used in your business that aren’t part of inventory (cleaning supplies, tools).
- Taxes & Licenses – State and local taxes, business licenses, regulatory fees.
- Travel – Transportation, lodging, and incidental expenses while away from your main work area for business.
- Deductible Meals – 50% of business-related meals with clients, during travel, or work-related events.
- Utilities – Electricity, gas, water, internet, and phone for your business space.
- Wages – Employee pay (not contractors; not your own owner draws).
- Other Expenses – Anything else business-related that doesn’t fit above (must list details).
💡 Commonly Missed Deductions
(Often forgotten but still valid if business-related)
- Internet & Cell Phone – Usually prorated for business use (50% standard estimate).
- Software & Apps – Accounting tools, design programs, productivity apps, industry-specific software.
- Memberships, Dues, & Subscriptions – Trade associations, professional groups, paid news or research sites.
- Education & Training – Classes, certifications, webinars related to your work.
- Outside Services – Cleaning crews, IT help, security services.
- Books, Magazines, Media – If relevant to your trade or research.
- Streaming Services – If used for work purposes (performers, content creators, researchers).
- Work-Related Clothing – Only if it’s protective gear or has a company logo (not everyday wear).
- Personal Care for Certain Professions – Allowed for performers, models, or similar if required to maintain professional appearance.
- Home Office Deduction – Portion of rent, utilities, insurance for space used regularly and exclusively for business.
- Mileage for Networking & Research – Driving to industry events, client meetings, or location scouting.
📂 Ideas for “Other Expenses” (Line 27a)
These items don’t have their own dedicated Schedule C line but are legitimate if they’re ordinary and necessary for your business:
- Bank service charges and merchant processing fees
- Business gifts (up to $25 per recipient per year)
- Business-related parking and tolls
- Safety gear and uniforms not covered under “Supplies”
- Shipping and postage for products or documents
- Client amenities (coffee, water, snacks in waiting area)
- Local business permits or annual report filing fees
- Small tools and replacement parts not classified as “Equipment”
- Website hosting, domain names, and online storage
- Printing and copying costs outside normal office supplies
- Background checks for employees or contractors
- Continuing education fees not covered under “Training” line items
- Conference booth fees and exhibitor expenses
- Bad debt write-offs (unpaid invoices you can’t collect)
- Subscriptions to industry-specific databases or research tools
✅ Tip: Always label each “Other Expense” clearly on your records — vague terms like “miscellaneous” can trigger IRS questions.
Self-Employed Taxes
How to Calculate Your Estimated Taxes (for the Self-Employed)
When you work for yourself, no one withholds taxes from your paycheck.
That means you have to set aside and pay them yourself, four times a year.
1️⃣ Know What Taxes You’re Paying
If you’re self-employed, your estimated taxes generally include:
- Income tax – based on your profit and your personal tax bracket.
- Self-employment (SE) tax – covers Social Security & Medicare.
- 2025 rate: 15.3% on the first $168,600 of net earnings (12.4% SS + 2.9% Medicare).
- An extra 0.9% Medicare tax applies if your net earnings are over $200,000 (single) or $250,000 (married filing jointly).
2️⃣ Figure Out Your Net Income
You only pay tax on net earnings—that’s your business income minus business expenses.
Example:
$85,000 total income
- $25,000 business expenses
= $60,000 net income
3️⃣ Calculate Your Self-Employment Tax
The IRS says you only pay SE tax on 92.35% of your net earnings.
Example:
$60,000 × 92.35% = $55,410
$55,410 × 15.3% = $8,472 SE tax
You also get to deduct half of your SE tax when figuring your income tax. You can also use a tax calculator to figure this.
4️⃣ Calculate Your Income Tax
Take your net income minus half your SE tax, subtract your standard deduction (or itemized deductions), and apply your tax bracket.
We recommend using an income tax calculator like this one! Plug in your expected total income, and it will do the math!! Here’s how to interpret it:

If you have capital gains income, this calculator will help!
5️⃣ Add Them Together
Estimated total tax = Income tax + SE tax.
6️⃣ Divide Into Four Payments
The IRS wants four equal payments:
- April 15
- June 15
- September 15
- January 15 (of the next year)
Example:
Income tax: $4,500
SE tax: $8,472
Total: $12,972
Quarterly payment: $12,972 ÷ 4 = $3,243
7️⃣ Use the “Safe Harbor” Rule to Avoid Penalties
You won’t get an underpayment penalty if you pay at least:
- 100% of your prior year’s total tax (110% if last year’s income was over $150,000), OR
- 90% of this year’s actual tax.
This means if last year you owed $10,000 total, paying $2,500 each quarter will avoid penalties—even if your income goes up.
8️⃣ How to Pay
- IRS Direct Pay: https://www.irs.gov/payments (no fee, directly from bank)
- Your tax software or accountant can also handle it.
See the tabs How to Pay the CA FTB and How to Pay the IRS for lots of details about this!!
Quick & Easy Estimation Shortcut
If you don’t want to run the full numbers every quarter:
- Set aside 25–30% of your net income in a separate bank account.
- Pay it in four equal amounts on the due dates.
✅ Tip: If your income changes during the year, you can adjust your payments in later quarters to avoid overpaying or underpaying.
Self-Employed Retirement
What retirement plan do I want?
That's a big question to answer 😅 But this calculator might be helpful! I generally recommend solo 401(k) to self-employed folks who have more than $7,000/year they want to put into retirement savings or more than $150,000 in income (you lose the traditional IRA deduction). Roths are fine, but really you should get that tax deduction now for maximum savings!!
How much should I save? I love using this retirement savings calculator. It’s a simple, useful tool
Additional information about retirement savings
Employment Classification
Contractor versus employee considerations
Here's my shortlist of things to consider between being paid as a contractor and an employee:
- Legality. If the work you're doing should be considered employee work, it's in you and your employer's best interest to have you correctly classified
- Taxes. You will have a lower tax burden as an employee, since you're not responsible for employer-share payroll taxes (even over an S-Corp)
- Retirement contributions. You'll have a lower amount of tax-deductible retirement contributions you can make as an employee, since self-employed folks can contribute to a solo 401(k)
- Business expense deductions. If you currently have a lot of business expenses, that is reducing your taxable income and could lead to a higher tax burden as an employee, especially if your employer will not be reimbursing you for those expenses
- Health insurance and other benefits. As a self-employed person, you can deduct your health insurance premium costs. If your employer doesn't provide a health insurance plan, you'll be paying for that with post-tax dollars
- Unemployment and Disability benefits: If you're not paying into disability or unemployment as a contractor, you don't have access to collect from those services in the case that you do lose your job or retain a disability.
- Compliance burden. As a contractor, you're responsible for your own bookkeeping, business tax filings, business registration, etc. You won't have these responsibilities as an employee
- Liability. As a contractor, you are responsible for the work you're completing and have legal liability for the outcome of that work. As an employee, your employer takes on the burden of legal liability
- Paid Time off. Contractors don't receive paid time off, and while only required to provide paid sick time, many employers will offer PTO or other vacation time.
I’m a contractor or pay contractors in California, do I need workers compensation?
Probably not! There’s a bill in California that affects licensed contractors – people who do construction work. So, if you’re a licensed contractor there are some workers compensation requirements for you. Here’s a great article with more information.
Deducting Meals
Guide to Deducting Meal Expenses for Your Business
(For Sole Proprietors, S Corps, C Corps, and Nonprofits)
Types of Meal Deductions
Special Situations
Recordkeeping Requirements
How to Track Meals
Differences by Entity Type
In summary:
Meal deductions can be valuable, but the IRS has specific rules about what qualifies. Below is a simple guide to help you know what you can deduct and how much.
Types of Meal Deductions
1. Team Meals – 100% Deductible
Meals with employees and contractors for legitimate business purposes (for example, team meetings, training sessions, or appreciation lunches) are fully deductible.
Example: You buy lunch for your team during a planning day. That’s 100% deductible.
2. Cafe as a Workspace, Eating at the Office, or Travel Meals – 50% Deductible
If you’re working at a cafe, eating while traveling for business, or grabbing food at the office during your workday, these are generally 50% deductible.
Example: You’re on a business trip and eat dinner alone while traveling—deduct 50%.*
3. Groceries for a Home Office – Not Deductible
Buying groceries to eat at home, even if you work there, doesn’t count as a business expense.
Example: Lunch at home while you and your business partner discuss strategy—unfortunately, not deductible.*
4. Networking, Marketing, or Client Meals – 50% Deductible
Meals with clients, prospective clients, or professional contacts for business purposes are 50% deductible.
Example: Lunch with a potential client to discuss your services—50% deductible.*
5. Food for Income-Producing Events – 100% Deductible
If you provide food at an event that generates income (such as a workshop or fundraising event), the cost is fully deductible. Sometimes these costs are categorized as Event Supplies instead of Meals.
Example: You cater lunch at a paid training session you host—100% deductible.*
Special Situations
Owner Meals When Working from Home
If business partners working from home eat lunch together and discuss business, the IRS generally considers this personal rather than business-related. It’s not deductible, even if you talk about work.
Only meals connected to a clear business purpose (like meeting with a client or a separate contractor) qualify for deduction.
Recordkeeping Requirements
To protect your deductions:
- Keep receipts for all meals.
- Note who was present and the business purpose of the meal.
- For networking or client meals, this documentation is especially important.
- For team meals, you can simply note “team lunch” or “staff meeting lunch.”
Do all meals need notes on the receipt?
Yes, ideally every business meal—team, client, or travel—should include a short note of who attended and why. It doesn’t have to be long; just write it on the receipt or in your app.
How to Track Meals
You can track your meal expenses in several ways:
- Upload the receipt with notes (who and what) to Google Drive.
- Send the receipt and notes via Signal, WhatsApp, etc to your accountant.
- Use an accounting app such as:
- Hubdoc (works with Xero)
- Receipt Snap (in the QuickBooks Online mobile app)
Always include a brief note like “Client meeting with Alex – discussed Q4 project” or “Team lunch – strategy planning.”
Differences by Entity Type
Entity Type | Deduction Rules |
Sole Proprietor / Single-Member LLC | Report on Schedule C. Follow the same 50% or 100% rules as above. |
Partnership / Multi-Member LLC | Deduct meals at 50% or 100% on the partnership return (Form 1065). Owner-only meals usually don’t qualify. |
S Corporation | Same 50%/100% rules. Meals reimbursed to owners through an accountable plan are deductible by the S Corp. |
C Corporation | Same rules apply. Meals are deductible at 50% or 100% depending on category. |
Nonprofit | Deduct meal expenses as part of program or administrative costs if directly related to the organization’s mission or operations. Follow the same 50%/100% treatment. |
In summary:
- Team meals: 100%
- Client or networking meals: 50%
- Travel meals: 50%
- Groceries at home: Not deductible
- Event meals: 100% (sometimes “event supplies”)
- Always save your receipts with a note who attended and why
Self Employed Vehicle Deductions
Vehicle Deductions for Business Use
If you use your vehicle for business purposes, you may be eligible to deduct certain expenses on your tax return. There are two primary methods to claim vehicle-related deductions: the Standard Mileage Rate and the Actual Expense Method. Below is an overview of both options to help you determine which is best for your situation.
1. Standard Mileage Rate
The IRS allows a set deduction per mile driven for business purposes. The mileage rate is updated annually, so be sure to check the current rate.
Requirements:
- Maintain a detailed mileage log, noting the date, purpose, and number of miles driven for business.
- Do not use the Actual Expense Method if you have previously claimed accelerated depreciation on the vehicle.
Pros:
- Easier to track and calculate.
- Generally beneficial for those with lower vehicle-related expenses.
Cons:
- May not provide the highest deduction if your actual expenses are significant.
- Cannot be used if the vehicle is depreciated under the Modified Accelerated Cost Recovery System (MACRS).
2. Actual Expense Method
This method allows you to deduct the actual costs associated with operating your vehicle for business purposes. Deductible expenses include:
- Gas and oil
- Repairs and maintenance
- Insurance
- Depreciation
- Registration and licensing fees
- Lease payments (if applicable)
Requirements:
- Keep all receipts and records of business-related vehicle expenses.
- Track the percentage of business use versus personal use.
Pros:
- Can provide a larger deduction if vehicle expenses are high.
- Allows for depreciation deductions.
Cons:
- Requires more record-keeping.
- Calculations can be more complex.
Depreciation Calculation
If you use the Actual Expense Method, you can deduct depreciation on your vehicle. Depreciation allows you to recover the cost of a vehicle used for business over time. The IRS provides different methods for depreciation, including:
1. Modified Accelerated Cost Recovery System (MACRS)
- Most commonly used for business vehicles.
- Generally, vehicles are classified as five-year property under MACRS.
- Uses 200% declining balance method switching to straight-line depreciation.
- If business use is 50% or more, bonus depreciation and Section 179 deductions may be available.
2. Straight-Line Depreciation
- Spreads the vehicle’s cost evenly over five years.
- Generally used if the vehicle is not eligible for accelerated depreciation.
Required Information for Depreciation:
- Date the vehicle was placed in service for business.
- Purchase price of the vehicle.
- Percentage of business use versus personal use.
- Whether you have taken Section 179 or bonus depreciation in prior years
Which Method Should You Choose?
- If you drive a lot of business miles and have relatively low operating expenses, the Standard Mileage Rate may be the better option.
- If your vehicle expenses are high (e.g., costly repairs, high depreciation), the Actual Expense Method may result in a larger deduction.
- You must choose a method when you first use the vehicle for business. If you use the Standard Mileage Rate in the first year, you may switch to the Actual Expense Method later (except for leased vehicles, which must use the same method for the entire lease period).
Reporting Vehicle Deductions on Tax Returns
The method of reporting vehicle deductions depends on the business structure:
- Sole Proprietors & Single-Member LLCs: Deducted on Schedule C of the personal tax return (Form 1040).
- Partnerships & Multi-Member LLCs: Deducted on Form 1065, with expenses passed through to partners via Schedule K-1.
- S Corporations: Deducted on Form 1120-S, with expenses passed through to shareholders on Schedule K-1.
- C Corporations: Deducted directly on Form 1120 as a business expense.
For 1099 independent contractors or sole proprietors, the deduction is typically reported on Schedule C of the personal tax return. If the vehicle is used both for business and personal purposes, only the business-use percentage is deductible.
Additional Considerations:
- Commuting Miles: Travel between your home and regular place of business is not deductible.
- Mixed-Use Vehicles: If you use your vehicle for both business and personal purposes, only the business-use portion is deductible.
- Record-Keeping: The IRS requires documentation to support your deduction, so maintain logs and receipts to substantiate your claim.
If you need assistance in determining the best deduction method for your situation, feel free to contact us for personalized tax advice.
Expenses for Therapists
Deductible Business Expenses for Self-Employed Therapists
Fully deductible
1. Professional Fees & Licensing
These are standard Schedule C deductions:
- State therapy license renewal fees
- Board registration fees
- Continuing education (CE/CME/CEU courses)
- Required ethics courses
- CPR/first aid certification (if required for practice)
- Professional organization dues (e.g., APA, ACA, AAMFT)
- Clinical supervision fees (when required for licensure)
- Background checks or fingerprinting for licensure
- Exam fees only if for maintaining a license (not for entering a new profession)
- Liability insurance (malpractice / professional liability)
- Business insurance / general liability insurance
2. Client Care–Related Expenses
These support your therapy practice:
- Therapy tools (e.g., CBT cards, DBT materials, EMDR tools)
- Therapy books used with clients
- Sand-tray supplies (if part of your modality)
- Art supplies for art therapy
- Whiteboards, markers, note-taking materials
- Tissues, water bottles, snacks for clients
- Hand sanitizer, cleaning supplies for office
- Appointment scheduling software (SimplePractice, TherapyNotes, etc.)
- Telehealth platforms (HIPAA-compliant Zoom, Doxy.me)
- Payment processing fees (Stripe, Square, IvyPay)
3. Office & Workspace
If you lease or rent office space:
- Office rent
- CAM fees (common area maintenance)
- Janitorial service
- Office sublease payments
Furnishings & décor
- Desk, ergonomic chair
- Client chairs or couch
- Bookshelves
- Lamps, lighting, sound machines
- Rugs, artwork, wall hangings
- Plants (if used for professional ambiance)
- Soundproofing panels or white-noise machines
Office supplies
- Printer, ink, paper
- Notebooks, folders, envelopes
- Business cards, printed materials
- Pens, clipboards
- Storage boxes, filing cabinets
4. Technology & Electronics
100% deductible when used solely for business:
- Laptop or desktop computer
- iPad or tablet used for note-taking or telehealth
- Webcam, microphone, speakers
- Headphones (if used for telehealth)
- Second monitor
- Wi-Fi router or business modem
- Practice management software
- Antivirus software
- Cloud storage (Dropbox, Google Workspace, iCloud)
- Website domain + hosting
- Website design costs
5. Marketing & Promotion
- Website design, updates, SEO services
- Psychology Today listing
- Directory listings (TherapyDen, GoodTherapy, etc.)
- Google Ads, Facebook/Instagram ads
- Professional photography for business use
- Printed brochures, flyers
- Networking event fees
6. Transportation & Travel
If related to client work or professional development:
- Office supplies store
- Conferences/CE events
- Supervision meetings
- Additional office or client locations
- Parking and tolls
- Business travel lodging
- Business meals with colleagues or professional contacts (50% deductible)
❗ Note: commuting from home to your regular office is not deductible.
7. Professional Development
- Workshops
- Online trainings (CE credit or non-credit if directly related to therapy)
- Books and textbooks related to mental health
- Specialized therapy technique training (EMDR, EFT, IFS, ACT, etc.)
- Peer consultation group fees
8. Personal Appearance & Clothing (Important Rules)
Usually NOT deductible, unless:
Deductible ONLY IF:
- It is a costume not suitable for everyday wear
- It has a logo or branding
- It is protective clothing for a specific modality
Generally not deductible:
- Professional clothing (even if required)
- Haircuts, makeup, grooming
- Standard shoes or attire
Mixed Business/Personal Expenses (Split Deductions)
1. Cell Phone
You may deduct the business-use percentage of:
- Phone cost
- Monthly service bill
- Accessories (chargers, earbuds used for telehealth)
Typical deduction range for therapists: 40–80% business use depending on telehealth frequency.
2. Internet
Deduct the portion used for telehealth, documentation, research, and admin tasks.
Common: 20–50% business use.
3. Home Office Deduction (if applicable)
Allowed if space is:
- Used regularly and exclusively for therapy administration or telehealth, and
- Is your principal place of business
Deductible items (pro-rated by square footage):
- Rent or mortgage interest
- Utilities: electricity, gas, water
- Internet (business % only)
- Homeowners/renters insurance
- HOA dues
- Property tax
- Repairs & maintenance (pro-rated)
- Depreciation (for homeowners)
You can use simplified option ($5 per sq. ft. up to 300 sq. ft.) or actual expense method.
4. Computer & Electronics Used Personally
Deduct only the business use percentage:
- Laptop
- Tablet
- Cell phone
- Printer
- Monitor
5. Car
Deduct either:
Standard mileage method
- 2025 IRS rate (use current year’s rate) × business miles
Actual expenses method
Business % of:
- Gas
- Repairs
- Insurance
- Registration
- Depreciation
- Lease payments
Expenses Not Allowed (Common Therapist Confusions)
- Clothing (professional but usable personally)
- Personal therapy (unless required by your licensing program)
- Gym memberships (even for stress reduction)
- Personal meals
- Commuting mileage
Residential energy tax credits
Energy Efficient Home Improvement Credit
This is the credit most homeowners use for energy-saving upgrades to their existing primary residence. It’s part of the Inflation Reduction Act.
What It Does
You can claim 30% of the cost of qualifying energy-efficient improvements you install in the tax year (e.g., 2025). IRS
⚠️ 2025 Deadline: These credits currently only apply to improvements placed in service through December 31, 2025 unless the law changes. Kiplinger
Annual Credit Limits
- Up to $1,200 total per year for many energy-efficiency improvements.
- Up to $2,000 per year for certain high-efficiency equipment (heat pumps, heat-pump water heaters, biomass stoves/boilers).
- Combined maximum of up to $3,200 per year for all improvements. Stay Exempt+1
Qualifying Improvements & Credit Amounts
Below is a simplified list — all credits are generally 30% of the amount you paid (materials + sometimes labor), up to the limits shown:
Improvement / Property | Annual Credit Limit | Notes |
Insulation & air sealing | Up to $1,200 (within $1,200 cap) | No separate item limit besides overall cap. Stay Exempt |
Exterior doors | $250 per door (max $500 total) | 30% of cost qualifies. Stay Exempt |
Exterior windows & skylights | $600 total | 30% of cost qualifies. Stay Exempt |
Home energy audit | $150 | Must be done by a qualified auditor. Stay Exempt |
Central A/C units | $600 per unit | 30% of cost qualifies. IRS |
Water heaters (gas/propane/oil) | $600 per item | 30% of cost qualifies. IRS |
Furnaces & boilers | $600 per item | 30% of cost qualifies. IRS |
Electric or gas heat pumps | Up to $2,000 | Separate annual category. Stay Exempt |
Heat pump water heaters | Up to $2,000 | Separate annual category. Stay Exempt |
Biomass stoves & boilers | Up to $2,000 | 30% of cost. Stay Exempt |
👉 Tip: Because of the overall caps, you can mix and match improvements in one year, but you can’t exceed $3,200 total. Taxpayer Advocate Service
Residential Clean Energy Credit
This credit is for on-site renewable energy systems — like solar panels — and is very generous in some cases.
What It Does
You get 30% of the cost of qualified renewable energy systems installed on your home. EITC Central
How Much You Get
- 30% of total installation costs, with no annual or lifetime limit (except special fuel-cell limits). EITC Central
- Generally applies to systems placed in service 2022 through 2032 at the 30% rate. EITC Central
📉 After that, the rate gradually phases down (26% in 2033, 22% in 2034). EITC Central
Qualifying Clean Energy Systems
Examples of improvements that qualify:
This credit can be carried forward to future tax years if the credit amount is more than your tax liability that year. EITC Central
How to Claim These Credits
- Form 5695 — Residential Energy Credits — is filed with your federal tax return to claim both credits. IRS
- You claim the credit in the year the improvements are installed and “placed in service”, not just purchased. IRS
Important Deadlines & Notes
- Most credits you plan to claim in 2025 must be completed by December 31, 2025 to qualify. Kiplinger
- The Energy Efficient Home Improvement Credit currently expires after 2025 under recent law changes (confirm with a tax pro for your situation). Kiplinger
- The Residential Clean Energy Credit is scheduled to continue (with phase downs) through 2034 unless new legislation changes it. EITC Central
- These credits are non-refundable — they reduce your tax owed but won’t result in a refund beyond your tax bill (except with carryforwards for the clean energy credit). IRS
Quick Summary
Tax Credit | Percentage | Caps | Example Projects |
Energy Efficient Home Improvement Credit | 30% | Up to $1,200 + $2,000 for big systems (max ~$3,200) | Insulation, doors, heat pumps, furnaces |
Residential Clean Energy Credit | 30% | No dollar limit (phases down after 2032) | Solar panels, wind, geothermal, solar water heaters |
California state residential energy tax credits and rebates
1. Inflation Reduction Act (IRA)-Funded State Rebates (HEEHRA & HOMES via TECH Clean California)
California is distributing federal IRA home energy rebates through TECH Clean California (California Energy Commission) — but these are state-administered rebates, not state tax credits. California Energy Commission
Home Electrification & Appliance Rebates (HEEHRA)
Designed to offset the cost of high-efficiency electric systems (especially heat pumps).
Rebate Amounts
- Up to $8,000 for low-income homeowners (≤80% AMI)
- Up to $4,000 for moderate-income homeowners (80–150% AMI)
Rebates must be reserved and installed through TECH Clean California-certified contractors. Tech Clean CA
What Qualifies
- High-efficiency heat pump HVAC (space heating & cooling)
- Some program phases include heat pump water heaters, cooktops, ranges, dryers, electrical panel upgrades (especially for multifamily projects) — with varying rebate levels (e.g., $700–$8,000 per qualifying upgrade/unit). incentives.switchison.org
➡️ These rebates are not tax credits — they are upfront payment or rebate checks that reduce your installed project cost. California Energy Commission
2. California Energy Smart Homes Program
This program offers incentives for whole-home electrification, especially when you fully transition off gas (all electric). California Energy Smart Homes
Typical Incentive Levels (2025)
- Base Electrification Incentive
- Single-family: ~$3,000 per home (DAC areas get higher)
- Manufactured homes: up to ~$5,500
- Energy Storage Incentives
- ~$250–$300 per kWh (batteries)
- Envelope improvements: ~$600–$1,000
- Smart panels / Home Energy Management Systems (HEMS): ~$1,500
- Heat pump controllers: ~$600
➡️ Total incentives may stack over $10,000+ for comprehensive electrification projects. California Electric Homes Program
This helps fund things like electric panel upgrades, insulation work, smart system add-ons, and battery storage — especially when part of a full electrification project. California Electric Homes Program
3. Self-Generation Incentive Program (SGIP)
Administered by the California Public Utilities Commission (CPUC), SGIP provides rebates for energy storage (and solar + storage) systems. California Public Utilities Commission
Typical Rebate Examples
- Battery storage system rebates
- Rebates vary by household income and resiliency needs — can be hundreds to over $1,000 per kWh for equity/resiliency categories (e.g., fire risk zones, repeated PSPS outages). EcoFlow
- Residential Solar + Storage Equity Incentives
Note: These rebates are generally applied at installation and reduce your system cost. California Public Utilities Commission
4. Local Utility & Regional Rebates
In addition to statewide programs, many local utilities and community energy providers offer additional incentives on top of the statewide rebates:
Bay Area Examples (and Similar Programs Statewide)
(Availability varies by service territory and funding status.) Bay Area Regional Energy Network
- Silicon Valley Clean Energy (SVCE)
- Up to $8,750 for efficient appliances and electrification upgrades
- Extra rebates for income-qualified residents
- Rebates on heat pumps, panel upgrades, EV charging equipment
- Rebates on heat pump systems, water heaters, induction appliances
- MCE Home Energy Savings Programs
- Free energy assessments and upgrades for income-qualified customers
- Instant rebates, coupons (Golden State Rebates) on efficient products & systems
- Rebates for battery storage and other clean technology upgrades
Utilities like PG&E, Southern California Edison (SCE), SDG&E, and others often have their own programs (instant rebates or mail-in offers) for energy-efficient appliances, insulation, & electrification equipment. PG&E
5. Financing Programs That Can Reduce Upfront Costs
While not direct rebates/credits, these programs help homeowners pay for energy upgrades:
PACE Financing (Property Assessed Clean Energy)
- Lets homeowners finance energy upgrades via their property tax bill.
- Typically no money down, repaid over many years. Wikipedia
GoGreen Home Energy Loans
- Low-interest state-backed loans for energy efficiency upgrades, available to renters and homeowners. CA Climate Action
6. California Climate Credit
Not tied directly to specific upgrades, but all residential customers of major utilities (e.g., PG&E, SCE, SDG&E) receive California Climate Credits on their energy bills — effectively lowering overall energy costs. Wikipedia
Key Notes
- California does not currently offer a broad state tax credit like the federal 30% tax credit for general energy improvements (e.g., solar panels). Instead, it emphasizes rebates, incentives, and financing programs. SolarReviews
- Most statewide rebates (like HEEHRA) are income-qualified, requiring verification and work through Certified contractors. California Energy Commission
- Local utility rebates often complement state and federal incentives — check your utility’s specific offerings. Bay Area Regional Energy Network
- Fund availability and rebate levels can change, and many are on a first-come, first-served basis. California Energy Commission
Summary: Typical California Energy Incentives
Program | Type | Who Qualifies / Amount |
HEEHRA Rebates | State-administered rebate | $4,000–$8,000 for heat pump HVAC (income-qualified) Tech Clean CA |
California Energy Smart Homes | Electrification rebate | ~$3,000+ base per home + bonuses for upgrades California Electric Homes Program |
SGIP Storage/Equity Incentives | Rebate for storage/solar+storage | $ per kWh rebates, higher for equity/low-income California Public Utilities Commission |
Utility / Local Rebates | Various rebates | Hundreds to thousands for heat pumps, appliances, battery storage Bay Area Regional Energy Network |
PACE Financing & GoGreen Loans | Financing support | Low-cost financing for energy upgrades Wikipedia |
California Climate Credit | Utility bill credit | Biannual/monthly credits for eligible utility customers Wikipedia |
MFJ vs MFS filing status
Filing Statuses - which should I pick?
Married filing jointly or separately
Here are the considerations you and your partner can discuss:
1. Student loan payments
If one or both of you has income-based student loan payments, filing jointly will mean that both incomes will be taken into account for income-based payments. Higher income, higher payments. Filing separately will mean only the borrower's income will be used to calculate their respective income-based payments.
2. Student loan interest
If one or both of you make payments to student loans, you might be used to seeing a deduction for the amount of the payments that goes to interest. If you file jointly, you'll see no change. If you file separately, neither of you will get this deduction.
3. Difference in income between partners
When two partners have a large difference in income, filing jointly can result in a lower overall tax bill compared to if each of you were not married and filed a Single return. It's kind of like taking an average of two Single returns. A nice way to think about it is that the higher earner's tax bill is lowered by filing jointly compared to filing Single, so whatever the tax savings totals, it is nice to share those savings across both partners. You can run an estimator for each of you filing Single, and then filing together as Joint, to get a sense of the savings.
If you both make about the same income, there's usually not a huge difference between filing joint or separate, but jointly is a little simpler.
4. Separate vs shared finances
If you and your partner share some portion of finances (a joint bank account, sharing household expenses, co-owning property like a car or house), a joint return can be simpler and is designed to reflect that "shared finances" status. Sharing some finances doesn't have to mean sharing ALL finances.
If you and your partner keep completely separate finances, a Separate return can keep those two lines more, well, separate. But just know that in community property states (like California), income earned by each partner during a marriage is considered community (aka legally shared) property, regardless of whose bank account the income lived in and whose expenses it paid for.
5. Dependents
If you file separately, only one partner can claim any dependents you might share (kiddos or other family members you financially support). That means a tax break for one partner but not the other.
6. Itemized vs Standard deduction
If you file separately, both returns must elect the same type of deduction on Form 1040 line 12e, either both must Itemize deductions or both must elect the Standard deduction. If only one partner has high medical expenses, or a lot of charitable contributions / state taxes paid / mortgage interest on a home they owned pre-marriage*, then it's possible that Itemizing deductions would benefit one partner and penalize the other. It's not uncommon for couples to have a bigger benefit with Itemizing when filing jointly, but to elect the Standard Deduction when filing separately because the latter has a greater overall benefit to both partners.
* there's more to the story with regards to community property laws on home ownership and being married, for another time
How to pay the IRS
How to Use IRS Direct Pay
Make a Federal Tax Payment Online Without Fees
IRS Direct Pay is a free, secure service to send payments directly from your checking or savings account to the IRS — no registration required.
1. Gather What You Need
Before you start, have ready:
- Bank account info (routing and account number)
- Your most recent tax return (for identity verification — filing status, address, and tax year)
- Payment details (type of tax, tax year, amount)
2. Go to the Official IRS Website
- Navigate to: https://www.irs.gov/payments/direct-pay
- Click the Make a Payment button.
⚠️ Tip: Never use links from emails or texts — go directly to the official IRS site to avoid scams.
3. Choose Your Payment Type
You’ll be asked to select:
- Reason for Payment (e.g., “Tax Return or Notice,” “Estimated Tax,” “Installment Agreement”)
- Apply Payment To (e.g., Form 1040, 1040-ES)
- Tax Period (e.g., 2024)
4. Verify Your Identity
Select a tax year from one of your past returns (within the last 6 years) and enter:
- Filing Status (Single, Married Filing Jointly, etc.)
- First and Last Name exactly as on that return
- Address from that return
- Date of Birth
💡 Tip: Use the exact address formatting from your return (abbreviations matter).
5. Enter Your Payment Information
- Payment Amount (whole dollars only — no cents)
- Routing Number (9 digits)
- Account Number (check your bank statement; do not use debit card numbers)
- Select Checking or Savings
6. Review & Submit
- Double-check all details (especially tax year and account number).
- Review the authorization agreement.
- Click Submit.
7. Save Your Confirmation
- You’ll get an instant confirmation number and a printable receipt.
- Save or print it for your records — this is your proof of payment.
Extra Tips
- Payments generally post to your IRS account in 1–2 business days.
- Direct Pay is available Mon–Sat 12:00 a.m. to 11:45 p.m. ET and Sun 7:00 a.m. to 11:45 p.m. ET.
- You can look up or cancel a scheduled payment using the “Look Up a Payment” feature on the same page.
- If you need to pay by card, you must use an IRS-approved payment processor (fees apply).
- What if my payment didn’t go through???
- If it’s been more than a week since you set up your payment and you haven’t seen it come out of your account, check these things:
- Was there an error in your routing number, account number, or checking/savings indication?
- If not, you can call your bank and ask if they received the ACH debit request from the IRS in that amount
- But the best next step is usually to just set up the payment again and make sure all bank information is correct :)
IRS Direct Pay – Quick Checklist
(Free, secure online payments from your bank account)
✅ Before You Start
- Bank routing number (9 digits):
- Bank account number (not debit card):
- Most recent tax return (for identity verification)
- Know your payment reason, form, and tax year
- Amount to pay (whole dollars only)
1. Go to the IRS Website
⚠ Tip: Only use the official IRS site — never links from emails or texts.
2. Select Payment Details
- Reason for Payment (e.g., Tax Return, Estimated Tax, Installment Agreement)
- Apply Payment To (Form 1040, 1040-ES, etc.)
- Tax Period (e.g., 2024)
3. Verify Your Identity
- Select a past tax year (within last 6 years)
- Enter: Filing Status, Name, Address, Date of Birth exactly as on that return
4. Enter Payment Information
- Payment amount (whole dollars)
- Routing number
- Account number
- Select Checking or Savings
5. Review & Submit
- Double-check payment details and bank info
- Agree to the authorization statement
- Click Submit
6. Save Your Proof
- Write down or print your confirmation number
- Save a copy for your records
💡 Helpful Notes
- Posts in 1–2 business days
- Available Mon–Sat 12:00 a.m.–11:45 p.m. ET, Sun 7:00 a.m.–11:45 p.m. ET
- Use “Look Up a Payment” to confirm or cancel before processing
IRS transcripts
Getting transcripts from the IRS
- Go to IRS online accounts: https://www.irs.gov/payments/online-account-for-individuals
- Login or create an account
- If you have to create an account, you’ll need a photo ID and about 10 minutes
- Hover over “Records and Status,” then click “Tax Records”

- Click “View Transcripts”

- You’ll have four options for transcript types:
- Account transcripts: Everything that has happened with a given tax year’s filing, including penalties and interest, amendments, adjustments, and more
- Return transcripts: The return as it was filed. Very useful reference if you no longer have a copy of your original return.
- Wage & income transcripts: All of the income reported to the IRS for you in a given year. Usually not complete until July of the year following. Very useful instead of hunting down 1099s. We still need original W2s in order to efile taxes, though!
- Record of account transcripts: The return as filed and everything that’s happened with the return. This is what we want if we’re trying to figure out what has happened or the current status with taxes already filed.
We usually want one of these two!

IRS payment plans
IRS Payment Plans
How to Set Up a Payment Plan with the IRS (Individual)
IRS Payment Plan Quick Checklist (Individual)
How to Set Up a Payment Plan with the IRS (Individual)
If you owe federal taxes but cannot pay the full amount right now, the IRS offers payment plans (also called installment agreements) that let you pay over time. Here’s how to set one up.
1. Understand Your Options
The IRS has several types of payment arrangements:
- Short-Term Payment Plan (120 days or less)
- No setup fee
- Interest and penalties still apply until paid in full
- Usually for smaller balances you can clear within a few months
- Long-Term Payment Plan (Installment Agreement)
- Payments over more than 120 days
- Setup fee applies (can be reduced for low-income taxpayers)
- Interest and penalties continue until balance is paid
💡 Tip: If you owe $50,000 or less in combined tax, penalties, and interest, you can often apply online without submitting financial documents.
2. Gather Your Information
Before applying, have ready:
- Your Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN)
- Your filing status (single, married filing jointly, etc.)
- Your address from your most recent tax return
- Your bank account and employer information (for payment setup)
- The amount you owe (from your IRS notice or by checking your IRS account online)
3. Check Your Balance
You can confirm exactly how much you owe (including interest and penalties) by:
- Logging into your IRS Online Account: https://www.irs.gov/payments/your-online-account
- Calling the IRS at 1-800-829-1040
4. Apply for the Payment Plan
Option A – Apply Online (fastest and preferred)
- Go to: https://www.irs.gov/payments/online-payment-agreement-application
- Sign in with your IRS account or create one.
- Follow the prompts to enter your balance, desired monthly payment, and bank info.
- Review and submit your request.
Option B – Apply by Phone
- Call 1-800-829-1040 (individual taxpayers) or the number on your IRS notice.
- Have your documents ready.
Option C – Apply by Mail
- Fill out Form 9465, Installment Agreement Request: https://www.irs.gov/forms-pubs/about-form-9465
- Mail it to the address on your IRS bill.
5. Choose a Monthly Payment You Can Afford
- The IRS usually approves plans where you can pay the balance within 72 months or before the collection statute expires, whichever comes first.
- Make sure your payment fits your budget — missing payments can cause the agreement to default.
💡 Tip: Paying more than the minimum reduces interest and penalty charges.
6. Set Up Automatic Payments (Recommended)
- Direct Debit Installment Agreements (DDIA) automatically withdraw from your bank account each month.
- This reduces the risk of missed payments and is sometimes required for higher balances.
7. Keep Up with Future Taxes
- You must file all future tax returns on time and pay any new taxes owed in full to keep your plan active.
- Falling behind can cancel your agreement.
8. Be Aware of Fees and Interest
- Setup fees: $0–$225 depending on method and plan type (lower if online or low-income).
- Interest: Compounds daily until the balance is paid.
- Penalties: Usually 0.5% per month of unpaid tax, reduced to 0.25% while on an installment plan.
9. If You Can’t Afford the Minimum Payment
If the standard plan is too high:
- Request a Partial Payment Installment Agreement (PPIA) (requires financial disclosure with Form 433-F or 433-A).
- Consider applying for Currently Not Collectible (CNC) status if you truly cannot pay anything at this time.
10. Monitor Your Account
- Use the IRS online account to track balances and payments.
- If your financial situation changes, you can modify your payment plan online or by calling the IRS.
✅ Bottom line: Setting up a payment plan with the IRS is straightforward if you prepare your information, apply online when possible, and commit to making consistent payments.
IRS Payment Plan Quick Checklist (Individual)
✅ Before You Start
- Know the total amount you owe (check IRS Online Account or your bill)
- Have your SSN or ITIN
- Have your filing status (single, married filing jointly, etc.)
- Have your address from your last tax return
- Have bank account & employer information ready
1. Choose Your Plan Type
- Short-Term (≤120 days, no setup fee)
- Long-Term (>120 days, setup fee applies)
2. Apply
Best: Apply online: irs.gov/opa
OR: Call 1-800-829-1040
OR: Mail Form 9465 to the IRS address on your bill
3. Decide Your Monthly Payment
I can pay each month: ______________________________________
- Make sure it’s affordable every month
- Pay more than the minimum if possible (reduces interest)
4. Set Up Payments
- Choose Direct Debit for automatic withdrawal (recommended)
- Keep bank info handy:
Routing number: _______________________
Account number: _______________________
5. Stay Compliant
- File all future tax returns on time
- Pay new taxes in full to avoid default
- Monitor your IRS account regularly
💡 Quick Tips
- Fees: $0–$225 depending on method and plan type
- Interest & penalties continue until paid in full
- If you can’t afford even the minimum, ask about:
- Partial Payment Installment Agreement
- Currently Not Collectible status
Late 1040 filing penalties
IRS Penalties, Fees, and Interest for Late Form 1040 Filing
When you file your personal income tax return (Form 1040) late—or pay your taxes after the due date—the IRS can charge penalties and interest. These charges add up quickly, so it’s important to understand how they work and what you can do about them.
1. Late Filing Penalty (Failure to File)
This is a penalty for not filing your tax return on time.
- Amount:
5% of the unpaid tax for each month (or part of a month) your return is late.
- Maximum penalty: 25% of the total unpaid tax.
- If your return is over 60 days late, the minimum penalty is the smaller of:
- $485 (for returns due after 2024), or
- 100% of the unpaid tax owed.
- Example:
If you owe $2,000 and file three months late:
5% × 3 months × $2,000 = $300 penalty. - Tip:
Even if you can’t pay, file on time! It stops this large penalty from growing.
2. Late Payment Penalty (Failure to Pay)
This is charged when you don’t pay your taxes by the deadline (usually April 15).
- Amount:
0.5% of the unpaid tax per month (or part of a month) after the due date.
- Maximum penalty: 25% of the unpaid balance.
- If you set up an IRS payment plan, the rate is reduced to 0.25% per month.
- Example:
If you owe $2,000 and pay 4 months late:
0.5% × 4 months × $2,000 = $40 penalty.
3. Interest Charges
Interest accrues on both the unpaid tax and the penalties until everything is paid off.
- Rate: The IRS sets this quarterly—it’s the federal short-term rate plus 3%, and it compounds daily. As of 2025, it’s around 8% annually, but it can change.
- Example: If you owe $2,000 and don’t pay for a year, you could owe around $160 in interest, plus penalties.
4. Combined Penalties
If you’re both late to file and pay, the IRS combines the two—but limits the total monthly charge.
- In the same month, the combined maximum is 5% per month:
- 4.5% for late filing
- 0.5% for late payment
- After 5 months, the filing penalty stops (reaches 25%), but the payment penalty keeps going until you pay or it hits its 25% cap.
5. Reasonable Cause & First-Time Abatement
You may be able to reduce or remove penalties.
- Reasonable Cause: If you had a valid reason—like illness, natural disaster, or relying on wrong advice—you can ask the IRS to remove penalties.
- First-Time Abatement (FTA): If you’ve filed and paid on time for the last 3 years, you can often get a one-time waiver for late filing or payment penalties.
6. How to Minimize or Avoid Penalties
✅ File on time, even if you can’t pay.
✅ Pay as much as you can by the deadline.
✅ Set up a payment plan to reduce the penalty rate.
✅ Request penalty abatement if you qualify.
✅ Stay current going forward to qualify for future relief.
Summary Table
Type of Penalty | Rate | Maximum | Applies To | Key Tip |
Late Filing | 5% per month | 25% | Unpaid tax | File even if you can’t pay |
Late Payment | 0.5% per month | 25% | Unpaid tax | Set up a payment plan to lower rate |
Interest | Variable (~8%) | None | Tax + penalties | Keeps growing until paid |
Combined | Up to 5%/month | 47.5% total | Both | File first, pay next |
Request IRS abatement of penalties
Request IRS Abatement of Penalties and Interest
Request IRS Abatement of Penalties and Interest
Phone call script for calling the IRS to request penalty and interest abatement
1. Before You Call (Important Prep)
2. IRS Phone Call Script (Verbatim-Friendly)
3. Reasonable Cause Abatement — How to Explain Your Situation
4. Explanation Outlines (Use What Fits — Don’t Overshare)
5. Explicitly Ask for the Abatement
6. If Reasonable Cause Is Denied → Request First-Time Penalty Abatement
7. Ask for Confirmation Before Ending the Call
8. Common Pitfalls — What Not to Say
9. IRS Phone Numbers (As of Current IRS Operations)
10. Final Pro Tips
Reasonable Cause Penalty Abatement Letter
Background and Compliance History
Explanation of Reasonable Cause
Ordinary Care and Prudence
Request for Relief
Attachments Checklist
Practical Tips Before Sending
Phone call script for calling the IRS to request penalty and interest abatement
1. Before You Call (Important Prep)
Have this in front of you:
- Your SSN or EIN
- The tax year(s) involved
- The notice number (CP14, CP161, CP501, etc.)
- Amounts of penalty and interest
- Filing status or business entity type
- Date the return was filed and/or tax paid
- A short, clear explanation of what happened (see outlines below)
Tip: The IRS agent will type your explanation directly into their system. Clarity and conciseness matter more than emotion.
2. IRS Phone Call Script (Verbatim-Friendly)
Opening the Call
“Hello, thank you for taking my call. I’m calling regarding penalties and interest assessed on my tax account, and I’d like to request penalty abatement if possible.”
(After identity verification)
“Specifically, I’d like to request Reasonable Cause Abatement for the late [filing/payment] penalties. If reasonable cause is not available, I’d like to request First-Time Penalty Abatement.”
Confirm the Details
“Before we proceed, could you please confirm:
- The tax year(s) involved
- The type of penalty assessed
- Whether this is a late filing penalty, late payment penalty, or both?”
(Wait for confirmation)
3. Reasonable Cause Abatement — How to Explain Your Situation
Transition Phrase
“I’d like to explain the circumstances that caused the late [filing/payment].”
Then pause, and explain using one of the outlines below.
4. Explanation Outlines (Use What Fits — Don’t Overshare)
A. Individual Form 1040 — Common Reasonable Cause Scenarios
You should frame these around ordinary business care and prudence.
1. Reliance on Incorrect Professional Advice
“I relied on the advice of a tax professional who advised me that no filing/payment was required by the deadline. I later learned that advice was incorrect, and I acted promptly to file/pay once I became aware.”
2. Serious Illness, Injury, or Mental Health Event
“During the filing period, I experienced a serious medical issue that prevented me from managing my financial affairs. Once I was able to do so, I filed/paid as soon as possible.”
3. Family Emergency or Death
“There was a death or serious emergency in my immediate family during the filing period, which significantly disrupted my ability to meet the deadline.”
4. Records Unavailable or Destroyed
“Critical tax records were unavailable due to circumstances beyond my control, and I made a good-faith effort to obtain them as quickly as possible.”
B. Business Returns — Common Reasonable Cause Scenarios
1. Officer or Responsible Party Incapacitated
“The individual responsible for tax compliance was unexpectedly incapacitated, and the business lacked the ability to reassign those duties immediately.”
2. Professional Error or Transition
“The business relied on a tax professional who failed to file or advised incorrectly. Once discovered, the business took immediate corrective action.”
3. First Year or Structural Change
“This occurred during the business’s first year or during a significant transition, and we misunderstood the filing/payment requirements despite good-faith efforts to comply.”
C. Multiple Years Involved
“The issue affected multiple tax years due to the same underlying circumstance. Once the issue was identified, all outstanding returns were filed and payments were made or arranged.”
5. Explicitly Ask for the Abatement
After explaining:
“Based on these facts, I’m requesting reasonable cause abatement of the penalties. I understand interest is statutory, but I’m requesting abatement of interest to the extent it’s related to the penalties.”
(Important: Interest tied to penalties can be abated if penalties are removed.)
6. If Reasonable Cause Is Denied → Request First-Time Penalty Abatement
If the agent says reasonable cause doesn’t apply:
“Thank you for checking. In that case, I’d like to request First-Time Penalty Abatement, if I qualify.”
FTA eligibility generally requires:
- No penalties in the prior 3 years
- All required returns filed
- Tax paid or payment arrangement in place
If eligible:
“I believe I meet the criteria, as I’ve been compliant in prior years.”
7. Ask for Confirmation Before Ending the Call
Always close with:
“Could you please confirm:
- Which penalties are being abated
- Whether interest related to those penalties will be removed
- When I should expect to see the adjustment on my account?”
Ask for:
“Could you also note this request in my account history?”
8. Common Pitfalls — What Not to Say
Avoid these phrases 🚫:
- “I forgot”
- “I didn’t know I had to file”
- “I was too busy”
- “I didn’t have the money” (alone is not reasonable cause)
- “My accountant messed up” (say “I relied on professional advice” instead)
- “I always pay a lot in taxes”
- “It’s not fair”
Do not:
- Argue with the agent
- Over-explain or give irrelevant details
- Admit willful neglect or intentional delay
- Ask for abatement before identity verification is complete
9. IRS Phone Numbers (As of Current IRS Operations)
Individuals
- IRS Individual Accounts (Form 1040):
800-829-1040
Businesses
- IRS Business Accounts (EIN, payroll, income tax):
800-829-4933
International
- International IRS Line:
267-941-1000 (not toll-free)
Best calling times: early morning (7–8 AM local) or midweek (Tue–Thu).
10. Final Pro Tips
- Be calm, respectful, and structured—agents have discretion.
- If denied and you believe you qualify, you can:
- Call back and speak with a different agent, or
- Submit Form 843 with a written reasonable cause explanation.
- Keep notes: date, time, agent name or ID.
Reasonable Cause Penalty Abatement Letter
(To accompany IRS Form 843)
[Your Full Name or Business Legal Name]
[SSN or EIN]
[Current Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address (optional)]
Date: [Month Day, Year]
Internal Revenue Service
[Address listed on IRS notice OR Form 843 instructions]
Re: Request for Reasonable Cause Penalty Abatement
Tax Year(s): [YYYY, YYYY]
Tax Form(s): [Form 1040, 1120-S, 1065, 941, etc.]
Notice Number (if applicable): [CP14, CP161, etc.]
Dear Sir or Madam,
I am writing to formally request abatement of penalties and associated interest assessed on the above-referenced tax return(s) pursuant to IRC §6651 and Treas. Reg. §301.6651-1(c) on the basis of reasonable cause and not willful neglect.
This request is submitted in good faith and in support of Form 843, which is enclosed.
Background and Compliance History
I have historically made a good-faith effort to comply with all federal tax filing and payment requirements. Prior to the tax year(s) referenced above, my account was generally compliant, and I have taken prompt corrective action to resolve this matter once it was identified.
All required returns have now been filed, and all taxes due have been paid or are subject to an approved payment arrangement.
Explanation of Reasonable Cause
The late [filing/payment] occurred due to circumstances beyond my reasonable control, despite exercising ordinary business care and prudence.
[Choose and adapt ONE or more of the following explanations]
[Reliance on Incorrect Professional Advice]
During the relevant filing period, I relied on the advice of a qualified tax professional regarding my filing and/or payment obligations. I was advised that [describe the advice—e.g., no filing was required, filing would be handled, or payment timing was different].
I later learned that this advice was incorrect. Upon discovering the error, I acted promptly to file the required return(s) and address any outstanding balance. My reliance on professional guidance was reasonable under the circumstances, and I had no reason to believe the advice was inaccurate at the time it was given.
[Serious Illness, Medical Condition, or Family Emergency]
During the filing period, I experienced a serious medical condition or family emergency that significantly impaired my ability to manage my financial and tax affairs. This circumstance was unforeseen and outside my control.
Once the condition resolved and I was able to resume normal activities, I promptly addressed my tax obligations.
[Business Disruption or Responsible Party Unavailability]
For business-related returns, the individual responsible for tax compliance was unexpectedly unavailable due to circumstances beyond the business’s control. The business did not have the immediate ability to reassign these responsibilities without disruption.
Once the issue was identified, corrective steps were taken to bring the account into compliance.
[Multiple Years Affected by the Same Circumstance]
The same underlying circumstance affected multiple tax years. Upon discovering the issue, I took corrective action to file all outstanding returns and resolve the matter in full.
Ordinary Care and Prudence
At all times, I acted with ordinary business care and prudence. The failure to timely [file/pay] was not due to willful neglect, disregard of IRS rules, or intentional delay. Rather, it resulted directly from the circumstances described above.
Request for Relief
Based on the facts presented, I respectfully request:
- Abatement of all late filing and/or late payment penalties assessed for the tax year(s) listed above; and
- Abatement of interest attributable to those penalties, as permitted when penalties are removed.
If reasonable cause abatement is not granted, I respectfully request that the IRS consider this request under the First-Time Penalty Abatement administrative waiver, if applicable.
Closing
Thank you for your time and consideration of this request. Please feel free to contact me at the phone number listed above if additional information is needed.
Respectfully,
__________________________________
[Your Name]
[Title, if business]
Attachments Checklist
Include:
- ✅ Form 843 (completed and signed)
- ✅ Copy of IRS notice(s)
- ✅ Optional supporting documentation (medical note, engagement letter, etc.—only if strong)
Practical Tips Before Sending
- Keep the explanation factual, concise, and unemotional
- Do not say “I forgot,” “I didn’t know,” or “I was too busy”
- Do not include unnecessary documents
- Send via certified mail with return receipt if mailing
Amended return processing delays
🚨 Escalating a Stuck Amended Tax Return (Form 1040-X)
1. Wait the Minimum Required Time
- IRS guidance: amended returns take up to 20 weeks.
If you’re already past that, you’re eligible to escalate.
2. Try Standard Channels First
- Check “Where’s My Amended Return?” tool online (updates daily).
Call IRS (866-464-2050), the direct line for amended return inquiries.
- Filing year
- Last 4 of SSN
- ZIP code
- Filing date
- Ask specifically: “Has my return been assigned to a processor, or is it waiting in the error resolution queue?”
3. File a Formal Follow-Up Letter
- Send the letter template I drafted for you (certified mail).
This creates a paper trail in case you need TAS or appeals later.
4. Escalate to the Taxpayer Advocate Service (TAS)
TAS is an independent branch of the IRS that helps when normal processing breaks down.
- File Form 911 (Request for Taxpayer Advocate Service Assistance).
Reasons TAS will accept:
Return delayed beyond normal timeframes.
Financial hardship caused by IRS inaction (e.g., refund owed, penalties accruing).
- How to file:
- Fax or mail to your local TAS office (lookup on IRS TAS website).
- Include a copy of your 1040-X and any IRS notices.
5. Contact Your Congressperson (Optional but Effective)
- Many congressional offices have dedicated IRS liaisons.
- Submit a “Casework Authorization” form to your representative’s office.
- The congressional inquiry can nudge the IRS to respond faster.
6. Document Everything
- Your original 1040-X
- Certified mail receipts
- IRS transcripts (if pulled)
- Any letters or notices received
- Notes from phone calls (include date, time, rep’s ID number if possible)
✅ In short: Letter → IRS phone line → TAS (Form 911) → Congress.
Things to know about delayed amended tax returns
If your amended return (Form 1040-X) has been “processing” for 4 months, you’re right in the gray area between normal and delayed. Here’s what you can do:
1. Know the Normal Timeline
- The IRS says up to 20 weeks (about 5 months) is typical for processing amended returns.
- Some take longer if:
- The IRS needs more review or correspondence.
- You filed a paper return (slower than e-filed).
- The return involved multiple tax years or complex credits (like ERC, NOLs, premium tax credit, etc.).
2. Check Your Status Online
- Use the IRS “Where’s My Amended Return?” tool: irs.gov/wheres-my-amended-return
- It updates daily, and will tell you if it’s still processing, completed, or if the IRS needs more information.
3. When to Call the IRS
- If it’s been more than 20 weeks, you can call the Amended Return Hotline: 866-464-2050.
- If you’re still under 20 weeks, they’ll usually just tell you to wait.
4. What You Can Do Now
- Make sure the IRS has your correct address and bank info, in case they issue correspondence or a refund.
- Gather your copy of the amended return and any IRS letters you’ve received, so you’re ready if they contact you.
- If you e-filed, double-check that your filing was accepted — sometimes taxpayers think they filed, but it never actually went through.
👉 Bottom line: At 4 months, you’re still within the IRS’s stated processing time. You don’t need to take action yet unless you’ve received a notice or the “Where’s My Amended Return?” tool shows something unusual. But if you hit 20+ weeks with no movement, that’s the time to call.
Calling the IRS about your amended return
IRS Amended Return Hotline Call Script
You:
“Hello, I’m calling to check on the status of my amended tax return. It’s been over 20 weeks since I filed, and the IRS ‘Where’s My Amended Return?’ tool still says it’s processing. I’d like to confirm whether you have everything you need from me, and if there are any issues delaying the return.”
If they ask for details, be ready with:
- Your name, SSN, date of birth, and address (to verify identity).
- The tax year you amended.
- Whether you mailed or e-filed the 1040-X and the date you filed.
- Any IRS notice numbers you may have received.
If they say “still processing” with no explanation:
You:
“I understand these returns can take a while, but since I’m past 20 weeks, is there a way to confirm whether my return has been assigned to a reviewer, or if additional documents are needed from me? I just want to make sure it hasn’t been lost in the system.”
If they say they’ll send correspondence:
You:
“Thank you. Can you confirm which address it will be mailed to, and about how long I should wait before following up again if I don’t receive it?”
If they mention a backlog or no update available:
You:
“I appreciate the update. Should I call back after a certain number of weeks, or is there a way to escalate if I don’t see movement?”
👉 The key is to politely press for whether your return has been assigned to an examiner and whether any correspondence has been generated. Sometimes returns get stuck in review or need extra ID verification, but they won’t tell you unless you ask directly.
Writing the IRS after calling, if you don’t get progress
Here's a follow-up letter template you can use if your amended return has been “processing” past 20 weeks and the IRS call center isn’t giving clear answers. This creates a paper trail and can sometimes help shake loose a stalled file.
📄 IRS Follow-Up Letter – Amended Tax Return
[Your Name]
[Your Address]
[City, State ZIP]
[Phone Number]
[Date]
Internal Revenue Service
[Use the address where you originally filed the 1040-X — usually the same “where to file” for amended returns by state]
Re: Follow-Up on Amended Tax Return (Form 1040-X)
Tax Year: [Insert Year]
SSN: [Last 4 digits only]
To Whom It May Concern,
I am writing to follow up on the status of my amended tax return (Form 1040-X) for the [Tax Year] tax year, which I filed on [Date Filed]. According to the IRS “Where’s My Amended Return?” tool, the return is still listed as “processing.” As of today, more than 20 weeks have passed since filing.
I want to confirm that my amended return has been received, is in the processing queue, and that no additional information or documentation is required from me at this time.
For your reference, I have included:
- A copy of my filed Form 1040-X,
- [If applicable] Certified Mail / e-file confirmation of submission,
- Any related IRS notices or correspondence received to date.
Please advise if additional action is needed on my part to move this return forward. I appreciate your assistance and look forward to your confirmation.
Sincerely,
[Signature]
[Printed Name]
📌 Tips for using this letter:
- Send it certified mail, return receipt requested so you have proof of follow-up.
- Attach a copy (not the original) of the amended return and any submission proof.
- Keep a copy of everything for your records.
Example: Form 911 (Request for Taxpayer Advocate Service Assistance)
Part I – Taxpayer Information
- Name: [Your Name]
- SSN/ITIN: [Last 4 digits only if sending with other docs; otherwise full SSN required on form]
- Address: [Your Address]
- Phone: [Your Phone]
- Tax Form: 1040-X (Amended Individual Income Tax Return)
- Tax Year(s): [Year of the amended return]
Part II – Description of the Problem
Explain in simple, clear language:
I filed an amended return (Form 1040-X) for tax year [Year] on [Date Filed]. According to the IRS “Where’s My Amended Return?” tool, the return is still showing as “processing.” It has now been more than [X months] since filing, which is well beyond the normal 20-week timeframe. I have not received any notices requesting additional information, and I am concerned the return may be stuck in error resolution.
Part III – Hardship / Why TAS Should Step In
You need to show either financial hardship or significant IRS delay. Example wording:
The delay is creating a financial hardship because I am due a refund of approximately $[amount]. The extended delay has made it difficult to manage my personal finances. Despite multiple attempts to obtain information from the IRS, I have not been able to get a resolution. I believe the Taxpayer Advocate Service’s assistance is necessary to move my case forward.
(If no refund is owed, you could instead say:)
The delay is unreasonable and outside the IRS’s stated processing times. Without TAS assistance, I cannot resolve the issue, as normal channels have been unresponsive.
Part IV – Previous Attempts to Resolve
Show you tried the normal IRS routes first.
I have:
- Checked the IRS “Where’s My Amended Return?” tool regularly,
- Called the IRS amended return helpline at 866-464-2050 on [list dates], and
- Sent a written follow-up letter on [date, if applicable].
Despite these efforts, no progress has been made.
Part V – Requested Resolution
I respectfully request that TAS assist in reviewing and resolving the processing delay for my amended return, and ensure that it is either completed or that I am informed of any further action needed on my part.
Signature
[Sign and date]
📌 How to File
- Download Form 911 PDF from the IRS site.
- Fill in your details using the above language.
- Attach:
- Copy of your filed 1040-X,
- Any proof of mailing/filing,
- Copies of IRS notices (if any).
- Send to your local TAS office by fax or mail. (Find office info: TAS Contact Page)
How to pay the CA FTB
How to Pay the California Franchise Tax Board
What you’ll need
Getting started
Personal payments
Business payments
What you’ll need
Personal payments:
- First and last name and social security number of filer
- Address from a filed and accepted CA tax return
- Bank account and routing number, and whether it’s a savings or checking account
- Dates and amounts of payments you’d like to make
- 10-20 minutes
Business payments
- Business entity name as registered with the CA Secretary of State
- Entity number from CA Secretary of State
- Bank account and routing number, and whether it’s a savings or checking account
- Dates and amounts of payments you’d like to make
- 10-20 minutes
Getting started
- Go to ftb.ca.gov
- Click Pay

- Click Bank Account – credit card and payment plan has additional fees, but also available options

- Choose Business or Personal – and now we will diverge!

Personal payments
- Enter your Social Security Number and Last Name. Skip any special characters, such as dashes and apostrophes
- Enter your first name and address as prompted. Use an address from a filed and accepted CA tax return
- Select payment type

- Estimated tax payment – if you are making a sole proprietor / self-employed estimated tax payment, or other estimated tax payment (for example, underwithholding, investment or interest income)
- Bill payment – for example, if you received a notice for a penalty
- Tax return payment – for your CA taxes due at time of filing the tax return
- Amended tax return payment – if you owe when filing an amendment
- Extension payment (Form 3519) – if you are filing an extension and expect to owe taxes
- Notice of proposed assessment or Form 3834 payment – if you’ve received either of these
- Pending audit tax deposit payment (Form 3576) – ouch
- Select the tax year
- If you’re making estimated tax payments, you can schedule several throughout the year from here! It’s awesome
- Is this a joint tax payment? – If you file jointly, check yes, then add your spouse or RDP’s name and SSN on the next screen
- Enter routing number and account number
- Optional to enter email and phone number, check the box to agree, and submit!
- Print the Payment Scheduled page and send to your accountant so they have a record of the payment you made!
Business payments
- Choose entity type
- Corporation = S Corp, C Corp, LLC as S Corp
- Limited Liability Company = single or multi member LLc
- Partnership = partnership only
- Enter entity ID. This is from CA Secretary of State, NOT your EIN
So JSRA LLC copies their entity number from the CA Secretary of State business search –

Into the FTB Web Pay, selecting corporation because it’s an LLC taxed as S Corp

- Enter contact information. Doesn’t need to be a legal name or the name of anyone registered with the business, just the person making the payment
- Select the correct tax form. I’m going to try to explain all the options, sorry this is long and, for LLCs, gets pretty technical! I’ve highlighted the most common choices
For Corporations:
- 100, 100S, 100W, or 100X – if you have a C Corp, S Corp, or LLC as S Corp
- Form 109 – if you have a non-profit with unrelated business income
- Form 199 – regular non-profit filing
Then you’ll get a new series of options!
- Estimated tax payment (Form 100ES) – for paying estimated 1.5% corporate tax. Annual taxes and fees are due in quarterly increments, with $800 due 3/15 or 4/15!
- Extension payment (Form 3539) – for payments with extension of time to file
- Original return payment (Form 100, 100S, 100W, or 3586) – for payments due at time of filing the return
- Bill payment – for example, if you received a notice for a penalty
- Secretary of State (SOS) Certification Penalty Payment – if you need to pay this penalty
- Amended return payment (Form 100X) – if you owe when filing an amendment
- Notice of proposed assessment (NPA) payment – if you have received a notice of proposed assessment and are paying it
- Pending audit tax deposit payment (Form 3577) – ouch
- Pass-through entity elective tax (Form 3893) – if you are paying for the pass-through entity elective tax (PTE)
For Limited Liability Companies:
- Annual tax payment (Form 3522) – for paying the $800 annual fee applicable to all LLCs, even in their first year. Annual taxes and fees are due 3/15 or 4/15 of the current year, for the current year!
- Estimated fee payment (Form 3536) – for paying estimated LLC fees if your LLC expects to have gross receipts over $250,000 in the current year. Annual taxes and fees are due 3/15 or 4/15 of the current year, for the current year! (A little louder for the folks in the back.)
- Extension / nonconsenting nonresident (NCNR) member payment (Form 3537) – for payments with extension of time to file, if estimated taxes have not already been paid, also used for taxes being paid for nonresident members of LLCs who might not otherwise file and pay their CA taxes due as an owner of a CA LLC (because yes, if you are a member of a California LLC, you are required to file and pay California taxes on your income from California sources such as the LLC you are a member of)
- Original return / NCNR member payment (Form 568 or 3588) – for payments due at time of filing the return, including taxes being paid for NCNR members
- Bill payment – for example, if you received a notice for a penalty
- Secretary of State (SOS) Certification Penalty Payment – if you need to pay this penalty
- Amended return payment (Form 568) – if you owe when filing an amendment
- Notice of proposed assessment (NPA) payment – if you have received a notice of proposed assessment and are paying it
- Pending audit tax deposit payment (Form 3578) – ouch
- Pass-through entity elective tax (Form 3893) – if you are paying for the pass-through entity elective tax (PTE)
For Partnerships – it would be unusual for a partnership to owe any taxes to California, but, you know what, let’s be thorough!
- Original return payment (form 565 or 3587) – for taxes due at time of filing the original return, very unusual
- Extension payment (Form 3538) – for payments with extension of time to file, again very unusual
- Bill payment – for example, if you receive a notice for a penalty due to late filing
- Amended return payment (Form 565) – if you owe when filing an amendment
- Notice of proposed assessment (NPA) payment – if you have received a notice of proposed assessment and are paying it
- Pending audit tax deposit payment (Form 3578) – ouch
- Pass-through entity elective tax (Form 3893) – if you are paying for the pass-through entity elective tax (PTE)
- Select the period. This is generally a calendar year January 1 to December 31
- Enter the payment amount. Requires dollars and cents – for example, 200.00 not 200
- If you’re making estimated tax payments, you can schedule multiple payments
- On the next screen, email is optional, phone number is required, and check the box to agree
- Print the Payment Scheduled page and send to your accountant so they have a record of the payment you made!
Owner distributions
How Owner Distributions Are Taxed (by Entity Type)
Big picture first (the rule people miss)
For pass-through entities, owners usually pay tax on profits, not on the money they take out.
For C-corps, owners pay tax when money is distributed.
That one distinction explains almost all confusion.
1. Sole Proprietorship
(Including a single-member LLC that has not elected S- or C-corp status)
What a “distribution” is
There is no formal distribution concept. Any money the owner takes out is called an owner draw.
Taxability
- ❌ Not taxable when withdrawn
- ✔ Owner is taxed on net profit, whether or not cash is taken out
How it’s reported
- Business income reported on Schedule C
- Subject to income tax and self-employment tax
- Draws do not appear anywhere on the tax return
Common misconception
“If I leave the money in the business, I don’t pay tax yet.”
❌ Incorrect. Profit is taxable regardless of withdrawals.
2. Single-Member LLC (Default Taxation)
(Disregarded entity)
Tax treatment
Exactly the same as a sole proprietorship for federal tax purposes.
Distributions
- Treated as owner draws
- Not taxable events
Key note
- State law may call it a “distribution,” but federal tax treatment follows Schedule C rules
3. Multi-Member LLC (Taxed as a Partnership)
What a distribution is
A payment of cash or property from the LLC to a member.
Taxability
- ❌ Usually not taxable when received
- ✔ Members are taxed on their allocated share of profits, whether or not distributions occur
How it’s reported
- Income allocated on Schedule K-1
- Members pay income tax and usually self-employment tax
- Distributions reduce the member’s basis
When distributions are taxable
- Cash distributions in excess of basis
- Certain property distributions
- Liquidating distributions with gain
Common misconception
“I only pay tax on what I withdraw.”
❌ Incorrect. You pay tax on what you’re allocated.
4. S-Corporation
Two separate concepts (critical)
- W-2 wages (for services)
- Distributions (return on ownership)
Taxability of distributions
- ❌ Not taxable when received (in most cases)
- ✔ Income is taxed through K-1, whether or not distributed
- ❌ Distributions are not subject to payroll or self-employment tax
Limits
Distributions are tax-free only up to stock basis. (See below for a longer explanation of this and why basis tracking is very important!)
When distributions become taxable
- Distributions exceed basis → capital gain
- Corporation has prior C-corp earnings & profits → dividend treatment
Compliance trap
Owners must take reasonable W-2 compensation before distributions.
5. C-Corporation
What a distribution is
A dividend (unless part of liquidation or return of capital).
Taxability
- ❌ Not deductible to the corporation
- ✔ Taxable to the shareholder when paid
Dividend treatment
- Return of capital (to extent of basis) – not taxable
- Dividend (to extent of earnings & profits) – taxable
- Capital gain (once basis is exhausted)
Reporting
- Reported on Form 1099-DIV
- Taxed as qualified or ordinary dividends
Key difference
C-corp owners are not taxed on profits unless money is distributed.
Side-by-Side Summary
Entity Type | Taxed When Profit Is Earned? | Taxed When Cash Is Withdrawn? |
Sole prop | ✔ Yes | ❌ No |
Single-member LLC | ✔ Yes | ❌ No |
Multi-member LLC | ✔ Yes | ❌ Usually no |
S-corp | ✔ Yes | ❌ Usually no |
C-corp | ❌ No | ✔ Yes |
Why people get this wrong
Most confusion comes from mixing:
- Cash flow vs taxable income
- Ownership returns vs compensation
- Entity law terms vs tax law treatment
Practical explanation (plain English)
“In most small businesses, you pay tax on what the business earns, not on what you take out. The exception is C-corporations, where profits are taxed at the corporate level and owners pay tax again only when profits are distributed as dividends.”
S-corp distributions
S-corp owners are taxed on net income
- Each year, the S-corp’s net income flows through to shareholders via Schedule K-1
- You pay income tax on that amount whether or not any cash is distributed
- This is exactly like:
- sole proprietorships
- partnerships / LLCs
That taxed income increases your stock basis
This is the key step people miss.
Each year:
- K-1 ordinary income
- Separately stated income items
- Distributions
- Losses
- Nondeductible expenses
Because income increases basis, most distributions are just giving you back money you’ve already paid tax on.
Normal S-corp distributions are NOT taxable
If:
- The S-corp has positive basis, and
- The distribution does not exceed basis, and
- There is no prior C-corp earnings & profits
then the distribution is:
- Not taxable
- Not reported as income
- Not subject to payroll or SE tax
This is why S-corp distributions feel the same as sole prop / LLC draws in most real-world cases.
So when are S-corp distributions taxable?
Case 1: Distribution exceeds stock basis
This is the big one.
If:
- You take out more cash than your basis allows
Then:
- The excess is taxed as capital gain
- This is not a second tax on the same income
- It’s tax on amounts you were never taxed on in the first place
Think of it as:
“You’re pulling out more than you put in + earned.”
When would this happen? The corporation has received loans or other cash that is not taxable income, had prior C-Corp earnings & profits
Case 2: S-corp has prior C-corp earnings & profits (E&P)
Less common, but important.
If:
- The S-corp used to be a C-corp, and
- It still has C-corp E&P
Then distributions can be:
- Tax-free return of basis
- Taxable dividends (to extent of E&P)
- Capital gain (after basis is exhausted)
This is a legacy issue, not a normal S-corp problem.
Concrete example (numbers help)
Year 1
- Owner contributes: $10,000
- S-corp earns: $90,000
- Owner takes: $0
Tax result
- Owner pays tax on $90,000
- Basis = $100,000
Year 2
- S-corp earns: $0
- Owner takes: $80,000
Tax result
- Distribution is 100% tax-free
- Basis drops to $20,000
No second tax. No surprise.
Year 3 (problem case)
- Owner takes: $30,000
- Basis before distribution: $20,000
Tax result
- $20,000 = tax-free
- $10,000 = capital gain
That $10,000 was never previously taxed.
How this compares to sole prop / LLC
Entity | Tax on profits | Tax on normal distributions |
Sole prop | ✔ | ❌ |
LLC / partnership | ✔ | ❌ |
S-corp | ✔ | ❌ (up to basis) |
Distributions are limited by basis, not by “already taxed income” alone.
S-corp owners do not pay tax twice on the same income.
They pay tax on net income once, and distributions of that taxed income are tax-free, as long as stock basis is sufficient.
Corporation owner pay
1. Employee compensation (W-2 wages)
Most common and most scrutinized
When required:
- S-Corp: There are net business profits and the owner performs services
- C-Corp: When the owner performs services and receives compensation
What it is
Owner is also an employee (officer, executive, staff).
Tax treatment
- Deductible to the C-corp
- Subject to payroll taxes (FICA, FUTA, SUTA)
- Taxable wages to the owner
Compliance requirements
- Payroll system (regular pay schedule)
- Form W-2 / W-3
- Federal & state payroll tax filings (941, 940, state equivalents)
- Reasonable compensation standard (esp. for controlling shareholders)
Key risks
- Underpaying wages to avoid payroll taxes → IRS recharacterization
- Overpaying wages → deduction can be disallowed as unreasonable comp
When it’s appropriate
- Owner actually performs services
- Especially appropriate for CEOs, CFOs, technical operators
2. Bonuses (still W-2 wages)
A subset of employee pay, but worth separating
What it is
Discretionary or formula-based compensation paid to owner-employees.
Tax treatment
- Deductible to the C-corp
- Subject to payroll taxes
- Taxed as wages to owner
Compliance requirements
- Must be approved by board (especially if paid to shareholders)
- Paid before year-end (or accrued if using accrual accounting and rules met)
- Proper payroll reporting
Key risks
- Retroactive “bonus” without documentation
- Accrued bonuses not paid within 2.5 months after year-end (can lose deduction)
3. Dividends (distributions as an owner) (C-Corp only)
Pure ownership return — not compensation
What it is
Payment based on stock ownership, not services.
Tax treatment
- Not deductible to the C-corp
- Taxed to shareholder as:
- Qualified dividend (often 15–20% federal), or
- Ordinary dividend (if not qualified)
Compliance requirements
- Must be paid pro rata to shareholders by class of stock
- Board authorization
- Reported on Form 1099-DIV
Key risks
- Trying to use dividends instead of wages for active owners
- Paying dividends when the corporation lacks E&P (can affect treatment)
When it’s appropriate
- Profitable C-corp with retained earnings
- Owners want return on capital, not compensation
4. Independent contractor payments (1099-NEC)
Usually inappropriate for owners — high audit risk
What it is
Owner provides services as a contractor instead of an employee.
Tax treatment
- Deductible to the C-corp
- Subject to self-employment tax for owner
- No payroll taxes withheld by corporation
Compliance requirements
- Must meet IRS common-law contractor test
- Written contract
- Form 1099-NEC
Key risks (very high)
- Owners who control the corporation almost never qualify as contractors
- IRS frequently reclassifies → payroll tax penalties, interest, trust fund recovery penalties
When it might work
- Non-controlling shareholder
- Separate, clearly distinct business activity
- Strong facts and documentation
5. Rent payments
Owner as landlord
What it is
Owner leases property (office, building, equipment) to the C-corp.
Tax treatment
- Deductible rent expense to corporation
- Rental income to owner (Schedule E or business return)
Compliance requirements
- Written lease
- Fair market rent
- Regular payments
- 1099-MISC (if individual owner)
Key risks
- Excess rent → reclassified as disguised dividend
- Personal use mixed with corporate use
6. Interest on loans (shareholder loans)
Owner as lender
What it is
Owner loans money to the corp; corporation pays interest.
Tax treatment
- Interest deductible to corporation
- Interest income to owner
Compliance requirements
- Promissory note
- Market interest rate (AFR-compliant)
- Regular payments
- Form 1099-INT
Key risks
- “Loan” that looks like equity (no payments, no note)
- Excessive interest rates
7. Reimbursements under an Accountable Plan
Tax-free when done correctly
What it is
Corporation reimburses owner-employees for business expenses.
Tax treatment
- Deductible to corporation
- Not taxable to owner
- Not subject to payroll taxes
Compliance requirements
- Written accountable plan
- Business connection
- Substantiation (receipts, mileage logs)
- Timely return of excess advances
Key risks
- Flat allowances without substantiation
- Using reimbursements as disguised compensation
8. Stock-based compensation
Common in startups and growth companies
Forms
- Stock options (ISO / NSO)
- Restricted stock
- RSUs
Tax treatment
- Varies by instrument
- Often deductible to corporation (timing depends on structure)
- Taxable to owner upon exercise/vesting
Compliance requirements
- Board approval
- Valuation (409A)
- Equity plan documentation
- Payroll reporting for taxable events
Key risks
- Missing 409A → severe penalties
- Improper valuation or documentation
9. Fringe benefits
Some tax-favored, some not
Examples
- Health insurance
- Retirement plan contributions
- Education assistance
- Group-term life insurance (limited)
Tax treatment
- Often deductible to corporation
- May be taxable or tax-free to owner depending on benefit and ownership %
Compliance requirements
- Plan documents
- Nondiscrimination rules
- Proper payroll inclusion when required
Key risks
- Owners treated differently than employees
- Benefits that are taxable but not reported
What does NOT work in a C-corp
- “Owner draws” (that’s an S-corp/partnership concept)
- Paying personal expenses without reporting income
- Avoiding payroll taxes by calling everything a dividend or contractor fee
Practical hierarchy (how it usually looks in real life)
- Reasonable W-2 salary
- Bonuses (profit-based)
- Accountable plan reimbursements
- Fringe benefits
- Dividends (if profits justify)
- Rent / interest (if properly structured)
Comparison: S-Corp and C-Corp owner pay
1. Core difference (the lens to keep in mind)
Topic | C-Corporation | S-Corporation |
Taxation | Entity taxed separately | Pass-through |
Owner income | Only when paid | Allocated regardless of payment |
Payroll planning | Secondary | Central |
Double taxation | Yes (by design) | No |
This single difference drives everything else.
2. W-2 salary (owner-employee)
C-Corp
- Required? Yes, if owner performs services
- Tax effect
- Deductible to corp
- Payroll taxes apply
- Owner taxed as wages
- Used to reduce corporate taxable income
- Often paired with bonuses
S-Corp
- Required? Yes, if owner performs services (very heavily enforced)
- Tax effect
- Payroll taxes apply
- Remaining profit avoids SE tax
- Primary tax lever
- Salary must be “reasonable,” but not maximized
Audit reality:
IRS challenges S-corp wages far more aggressively than C-corp wages.
3. Bonuses
| C-Corp | S-Corp |
Deductible to entity | ✔ | ✔ |
Subject to payroll tax | ✔ | ✔ |
Planning use | Income shifting + profit smoothing | Limited (still payroll taxed) |
Key distinction:
- In a C-corp, bonuses are a major tax-planning tool
- In an S-corp, bonuses don’t reduce overall tax nearly as much
4. Distributions vs dividends
C-Corp → Dividends
- Not deductible
- Taxed again to shareholder
- Paid pro rata
- Usually last resort for owner cash
S-Corp → Distributions
- Not wages
- Not subject to payroll tax
- Usually tax-free up to basis
- Primary wealth extraction tool
This is the single biggest structural difference in owner pay.
5. Accountable plan reimbursements
| C-Corp | S-Corp |
Deductible to entity | ✔ | ✔ |
Tax-free to owner | ✔ | ✔ |
Payroll taxes | ❌ | ❌ |
Planning value | Moderate | High |
Especially valuable in S-corps to reduce pressure on “reasonable salary.”
6. Fringe benefits (big divergence)
C-Corp (especially owner-employees)
- Very favorable
- Health insurance
- Education assistance
- Group-term life (limits apply)
- Often tax-free to owner
S-Corp (≥2% shareholders)
- Many benefits become taxable
- Health insurance included in W-2
- Fewer tax arbitrage opportunities
Planning insight:
If benefits are a major goal, C-corps often win.
7. Retirement plans
Feature | C-Corp | S-Corp |
Deductible contributions | ✔ | ✔ |
Owner inclusion | ✔ | ✔ |
Planning leverage | High | High |
Differences are usually economic, not structural — driven by compensation level.
8. Rent & interest (owner as landlord or lender)
Works nearly identically in both structures:
- Must be at FMV
- Requires formal documentation
- Excess amounts recharacterized
More commonly used in C-corps to extract profits without dividends.
9. Contractor payments to owners
| C-Corp | S-Corp |
Generally allowed? | Rarely appropriate | Almost never appropriate |
Audit risk | High | Extremely high |
Owners who control the company are usually employees.
10. What the IRS focuses on
S-Corp enforcement focus
- Underpaid wages
- Excess distributions
- Payroll tax avoidance
C-Corp enforcement focus
- Disguised dividends
- Excess compensation
- Personal expenses
- Transfer pricing (larger corps)
11. Typical owner-pay “stack”
S-Corp (most common)
- Reasonable W-2 salary
- Accountable plan reimbursements
- Tax-free distributions
- Retirement contributions
C-Corp (most common)
- W-2 salary
- Bonuses
- Fringe benefits
- Rent / interest
- Dividends (last)
12. When each structure wins on owner pay
S-Corp is usually better when:
- Active owner
- $50k–$400k of annual profit
- Goal: minimize payroll & SE taxes
- Simple ownership
C-Corp is usually better when:
- High reinvestment
- High fringe benefits
- Multiple owners with different roles
- Exit via QSBS (big one)
- International or institutional investors
13. Common planning mistakes
S-Corp
- Salary set too low
- No documentation of wage analysis
- Treating distributions like draws
- Ignoring state payroll rules
C-Corp
- Paying only dividends
- Overpaying owners
- No board approvals
- Mixing personal expenses
Bottom line
S-corps optimize payroll taxes.
C-corps optimize flexibility and benefits — at the cost of double tax.
Neither is “better” in the abstract; they are optimized for different owner goals.
How does an S Corp even work
How does an S Corp even work?
What’s an S Corp—and Why Might You Want One?
Breaking Down the OBBBA Tax Changes: SALT & PTET Explained Simply
TL;DR — Why S Corps Still Make Sense (Especially Now)
💡 Example S Corp Tax Benefits Scenario
🗺 S Corp / SALT / PTET Decision Guide
S Corporation & LLC Taxed as an S Corporation – FAQ & Step-by-Step Guide
S Corporation / LLC Taxed as S Corporation – Quick Checklist
How to Claim “Reasonable Cause” for a Late-Filed Form 2553
Statement of Reasonable Cause
Health Insurance for S Corp Owners
Retirement Plan Options for S-Corporation Owners
Coming soon:
- Accountable plans
- Revoke an S Corporation election
What’s an S Corp—and Why Might You Want One?
The Basics
An S Corporation isn't a different type of legal business. It's a tax classification you can elect for your existing LLC or corporation. You still have your LLC or corporation; electing S Corp changes how you're taxed.
The Main Reason to Choose S Corp: Lower Self-Employment Taxes
- If you're a sole proprietor or LLC, your profits are subject to self-employment tax of 15.3% (Social Security + Medicare).
- With an S Corp, you pay yourself a salary of about 60% of net income, which gets payroll taxes, but the rest of your profit is taken as a distribution, which avoids that 15.3% tax.
- Example: If your business nets $100,000 and you pay yourself $60,000, only that salary gets taxed. The $40,000 distribution saves on payroll taxes about $6,000. Big savings!
Other Benefits That Matter
- You can reimburse yourself for business-related expenses (like a portion of your phone bill or a home office) through the business. This keeps things clean and deductible.
- Health insurance can be paid or reimbursed by the S Corp, which can also reduce your taxable income.
- You become eligible to set up retirement plans (like a SEP-IRA) that the business contributes to and deducts—even more long-term savings.
How It Actually Works
- Elect S Corp status with IRS Form 2553.
- Run payroll for yourself as an employee.
- Take distributions smartly (reasonable salary typically defined).
- Reimburse business expenses properly.
- Pay health insurance and retirement contributions through the business.
This strategy can lead to thousands of dollars in tax savings—especially once payroll is handled correctly and distributed wisely.
Breaking Down the OBBBA Tax Changes: SALT & PTET Explained Simply
What’s That Acronym?
OBBBA stands for the One Big Beautiful Bill Act—a recent tax law (2025–2029) that tweaks some important tax rules for high earners and business owners.
1. SALT (State & Local Tax) Deduction Cap
- Previously, there was a $10,000 cap on how much state and local taxes you can deduct if you itemize.
- OBBBA raises that cap to $40,000 (for joint filers) from 2025–2029—but then it reverts back to $10,000 in 2030. RSM USAnchin, Block & Anchin LLP
- If your income is over $500,000, your available deduction phases down—so higher earners get less than the full $40,000. RSM USAnchin, Block & Anchin LLP
2. Pass-Through Entity Tax (PTET) Workaround
- Normally, SALT is limited for individuals—but some states allow pass-through entities (like S Corps) to pay state income tax at the business level, not individually. That tax isn't capped by SALT rules.
- This means the entity pays, then owners claim a credit—skirting the cap. The Tax AdviserAlston & Bird
- OBBBA does not limit this workaround, so PTET remains a valid strategy. Anchin, Block & Anchin LLPAlston & Bird
Why That Matters for S Corp Owners
- If SALT cap helps you (and you make under the income thresholds)—you may not need a PTET.
- But if you’re over the threshold—or ineligible for much SALT deduction—PTET is still a powerful tool.
- For example, California S Corps can elect PTET (9.3% of net income), and owners get a credit to offset personal taxes. Franchise Tax Board
TL;DR — Why S Corps Still Make Sense (Especially Now)
- Save on self-employment taxes by paying yourself a salary plus distribution.
- Send reimbursements, deductions, insurance, and retirement contributions through your business with clear tax treatment.
- SALT changes help—but only for some; the new $40K cap may benefit mid-income earners.
- PTET is still a useful workaround if you hit income thresholds or live in states with PTET options—especially with OBBBA leaving that intact.
💡 Example S Corp Tax Benefits Scenario
- Net business income (before owner pay): $150,000
- State income tax rate: 8%
- Owner is married filing jointly
- No other major deductions
1. Federal + State Tax Scenarios
Scenario | How Income Is Taxed | Self-Employment Tax | Federal Income Tax (approx.) | State Tax After SALT Cap | Total Tax | Key Points |
Sole Prop / LLC (no S Corp) | All $150K subject to SE tax & income tax | $22,950 (15.3% of $150K) | $18,000 | $12,000 (8% of $150K, but only $10K deductible due to old SALT cap) | $52,950 | All income is hit by SE tax; SALT deduction capped |
S Corp | $80K salary + $70K distribution | $12,240 (15.3% of $80K) | $17,000 | $12,000 (SALT cap still applies individually) | $41,240 | Saves $10K+ in SE tax; must run payroll |
S Corp + PTET | $80K salary + $70K distribution; entity pays state tax | $12,240 | $17,000 | $0 (state tax paid at entity level, fully deductible) | $29,240 | Biggest savings—state tax deduction bypasses SALT cap |
S Corp + OBBBA SALT cap $40K | Same as S Corp, but higher SALT deduction allowed | $12,240 | $17,000 | $12,000 − (extra deduction worth ~$7,400) | ~$33,840 | Mid-income earners benefit; high-income phaseout applies |
2. Key Takeaways from the Table
- Just switching to S Corp often saves $10K–$15K/year in payroll taxes.
- PTET election can add another $8K–$12K/year in federal savings, especially in high-tax states.
- OBBBA’s higher SALT cap mostly helps middle-to-upper-middle income owners—it’s partially phased out above $500K AGI, so PTET may still be the better play for high earners.
🗺 S Corp / SALT / PTET Decision Guide
Start →
⬇
1️⃣ Do you have net business income (after expenses) of at least $80K/year?
- ❌ No → S Corp probably not worth it; stick with Schedule C or standard LLC.
- ✅ Yes → Go to Step 2.
⬇
2️⃣ Are you willing to run payroll & keep corporate formalities?
- ❌ No → Stay with sole prop/LLC taxation.
- ✅ Yes → Go to Step 3.
⬇
3️⃣ Does your state have a Pass-Through Entity Tax (PTET) election?
- ✅ Yes → PTET + S Corp likely maximizes tax savings. Go to Step 4.
- ❌ No → Go to Step 5.
⬇
4️⃣ Are you phased out of OBBBA’s higher SALT deduction?
(Phaseout starts ~$500K married / $250K single)
- ✅ Yes → PTET is the clear win (keeps full state tax deduction).
- ❌ No → You can benefit from either PTET or the higher SALT cap—run the numbers.
⬇
5️⃣ If no PTET:
- Check if the OBBBA higher SALT cap helps you—worth it if your state tax bill > $10K and you’re under the income phaseout.
- If not, S Corp still gives payroll tax savings.
📝 Quick Rules of Thumb
- S Corp alone → saves payroll taxes.
- S Corp + PTET → best for high earners in high-tax states.
- S Corp + OBBBA SALT cap → good for mid-to-upper income if not phased out.
- Both PTET & SALT cap → rarely stack fully; PTET usually beats SALT cap for big earners.
S Corporation & LLC Taxed as an S Corporation – FAQ & Step-by-Step Guide
1. Understanding S Corporations
An S Corporation is a tax classification, not a type of legal entity. You can elect S Corp taxation for:
- A corporation (formed with your state)
- An LLC (formed with your state, then electing S Corp status with the IRS)
The main benefit: avoiding self-employment tax on distributions, while still paying yourself a reasonable salary through payroll.
IRS resource: Form 2553 – Election by a Small Business Corporation
2. Forming an LLC Taxed as an S Corporation
Step-by-Step:
- Check Name Availability
- Register Your LLC
- File formation documents with your state’s Secretary of State (or equivalent).
- File first statement of information after formation is approved.
- Get an EIN
- Create an Operating Agreement
- Elect S Corp Taxation
- Prepare, print, sign, and mail Form 2553 to the IRS (wet ink signature required).
- Deadline: 2 months and 15 days after the start of the tax year it applies to (usually by Feb 28 for calendar-year filers).
- If filing late: Include a statement explaining reasonable cause for late filing. Information about what is considered reasonable cause and how to claim it later in this guide!
- Open a Business Bank Account
- Use your LLC’s EIN and state formation documents.
- Update Contractor Records
- Send new W-9s to clients/payers with your LLC’s new tax classification checked as “S Corporation.”
- Obtain a Local Business License
- Apply through your city or county.
- Get a DBA (if needed)
- File with your county clerk if operating under a name different from your legal business name.
3. Forming a Corporation Taxed as an S Corporation
Step-by-Step:
- Check Name Availability (e.g., CA Secretary of State)
- Register Your Corporation
- File Articles of Incorporation with your state
- File first statement of information after Articles are approved
- Get an EIN (IRS application)
- Create Corporate Bylaws
- Hold First Organizational Meeting
- Adopt bylaws, appoint officers, and record minutes (template here).
- Elect S Corp Status
- Mail signed Form 2553 (wet signature) to IRS.
- If late: Include reasonable cause and write “Filed pursuant to Rev. Proc. 2013-30” at the top of Form 2553. Information about what is considered reasonable cause and how to claim it later in this guide!
- Open a Business Bank Account
- Use your corporation’s EIN and state documents.
- Update Contractor Records
- Send new new W-9s with “S Corporation” checked.
- Get a Local Business License
- Apply through your city/county.
- Get a DBA (if needed)
- File with your county clerk if operating under a name different from your legal business name.
4. Setting Up Payroll for an S Corporation
Once your entity is registered and your S Corp election is in place:
- Complete State Registration
- Add Yourself as an Employee
- Even if you’re the owner, you must be on payroll and pay yourself a “reasonable salary.”
- Add Contractors (if applicable)
- File new hire reports with your state.
- Run Payroll
- Use payroll software (recommended: Gusto – about $46/month, great user interface).
5. Key Tax Deductions & Retirement Contributions
- As an S Corp owner-employee, SEP contributions are made by the employer (your corporation) and deducted on Form 1120-S.
- Limit: Lesser of 25% of W-2 wages or $61,000 (2022; adjusted annually).
- Distributions from profits are not included in compensation for SEP calculation.
- Business Expense Reimbursements
- For mixed-use expenses (cell phone, home office), the S Corp must reimburse you for the business portion. This is different from sole proprietors, who can directly deduct the percentage.
- Health Insurance Premiums
- The business should reimburse you for the full premium cost. This amount is deductible to the business.
6. Ongoing Compliance Requirements
Quarterly
- Pay estimated federal & state taxes (if applicable)
- File payroll tax returns for federal and state
Annually
- File Federal Form 940 (FUTA tax)
- File W-2 for each employee (including yourself)
- File Form 1120-S (S Corp return)
- File state tax return or annual report
- File Statement of Information with your state
- Renew local business license
Bottom Line:
Forming an S Corporation or LLC taxed as an S Corp requires following both state formation rules and federal tax election rules. Keeping up with payroll, reimbursements, and annual filings is critical to maintaining compliance and protecting your tax advantages.
S Corporation / LLC Taxed as S Corporation – Quick Checklist
Part 1 – LLC Taxed as S Corporation
- Check name availability in your state (e.g., CA SOS Search)
- Register LLC with Secretary of State
- Get EIN (IRS application)
- Create operating agreement (template or attorney-prepared)
- File Form 2553 with wet signature (by 2 months + 15 days into tax year)
- If late, include reasonable cause
- Open bank account (use EIN & state docs)
- Send updated W-9s to clients with “S Corporation” box checked
- Get local business license
Part 2 – Corporation Taxed as S Corporation
- Check name availability (e.g., CA SOS Search)
- Register corporation with Secretary of State
- Get EIN (IRS application)
- Create bylaws (template or attorney-prepared)
- Hold first meeting & take minutes (template)
- File Form 2553 with wet signature
- If late, include reasonable cause + “Filed pursuant to Rev. Proc. 2013-30” at top
- Open bank account (use EIN & state docs)
- Send updated W-9s to clients with “S Corporation” box checked
- Get local business license
- File DBA with county clerk (if needed)
Part 3 – Payroll Setup
- Complete state payroll registration (e.g., CA EDD)
- Add yourself as employee & pay a reasonable salary
- Add contractors to state new hire reporting (if applicable)
- Choose payroll method:
- Manual: EDD + TaxBandits + spreadsheet
- Automated: Gusto (~$46/month)
Part 4 – Key Deductions & Benefits
- SEP-IRA contributions: Up to 25% of W-2 wages or IRS limit
- Expense reimbursements: Cell phone, home office (business portion only)
- Health insurance premiums: Full reimbursement by S Corp
Part 5 – Ongoing Compliance
Quarterly:
- Pay estimated federal & state taxes
- File payroll tax returns (federal & state)
Annually:
- File Form 940 (FUTA)
- File W-2s
- File Form 1120-S (federal)
- File state return or annual report
- File Statement of Information (state)
- Renew local business license
💡 Tip: Keep a recurring checklist in your calendar for quarterly and annual deadlines — missed filings can cause penalties or S Corp status loss.
How to Claim “Reasonable Cause” for a Late-Filed Form 2553
1. What is Form 2553?
Form 2553 is how a corporation or LLC elects S Corporation tax status with the IRS.
- Deadline: Within 2 months and 15 days after the beginning of the tax year the election is to take effect (for calendar-year businesses, that’s usually March 15).
- If you miss that deadline, the IRS can still approve your election if you can show “reasonable cause” for filing late.
2. What Counts as “Reasonable Cause”?
The IRS defines reasonable cause as circumstances beyond your control that caused you to miss the filing deadline — and that you acted promptly to fix the problem once discovered.
Common acceptable reasons include:
- Misunderstanding the filing requirement (e.g., thought it was automatic when forming the corporation or LLC)
- Relying on incorrect professional advice from an attorney, CPA, or tax preparer
- Administrative error (e.g., paperwork prepared but mailed to the wrong address)
- Illness, injury, or other personal hardship affecting the responsible party
- Mail delivery problems outside your control
- Recent business formation where focus was on urgent operational matters and the requirement was overlooked
3. What Is Not Reasonable Cause
The IRS will likely reject reasons such as:
- Forgetting without explanation
- Not prioritizing the filing
- Wanting to wait until you knew the business would be profitable
- General “I was too busy” without extenuating circumstances
4. The IRS “Relief for Late Elections” Rule
The IRS provides automatic relief for late-filed S Corp elections under Revenue Procedure 2013-30, if you meet all of these:
- Intended to be an S Corporation as of the intended effective date.
- Had reasonable cause for not filing Form 2553 on time.
- Acted diligently to correct the mistake once discovered.
- Have not filed a tax return inconsistent with S Corp status.
If you qualify, the IRS will backdate your election to your intended start date.
5. How to Claim Reasonable Cause on Form 2553
When filing late, you must:
- Write “Filed Pursuant to Rev. Proc. 2013-30” at the top of Form 2553.
- Complete the form normally.
- In Part I, Line I (Reason for late filing), write “See attached statement.”
- Attach a Reasonable Cause Statement — this is a separate letter that includes:
- The date you intended the S Corp election to begin.
- The reason you did not file on time (specific, factual explanation).
- A statement that you have met all the eligibility requirements for S Corp status since that date.
- Confirmation that all shareholders have reported income consistent with S Corp treatment since that date.
Example Reasonable Cause Statement:
On [intended effective date], the corporation intended to be classified as an S Corporation. The failure to file Form 2553 on time was due to reliance on advice from our tax preparer that the election would be automatic upon formation. We first became aware of the missed filing on [date discovered] and are submitting this Form 2553 immediately. Since [intended effective date], the corporation has met all the requirements of S Corporation status, and all shareholders have reported their income consistent with S Corporation treatment on their tax returns. The failure to timely file was inadvertent and not due to willful neglect.
- Mail Form 2553 and your statement to the correct IRS address listed in the instructions.
6. Tips for Approval
- Be specific in your explanation — vague statements hurt your case.
- Show that you acted promptly after discovering the error.
- Make sure all prior tax filings match S Corp treatment (otherwise, you may have to amend returns).
- Include shareholder signatures on the form to confirm agreement.
Reasonable Cause Statement for Late Form 2553 Filing
Filed Pursuant to Rev. Proc. 2013-30
[Your Corporation/LLC Name]
[EIN: XX-XXXXXXX]
[Business Address]
Intended Effective Date of S Corporation Election: [MM/DD/YYYY]
Statement of Reasonable Cause
On the intended effective date above, [Corporation/LLC Name] intended to be classified as an S Corporation. The failure to timely file Form 2553 was due to [brief but specific explanation of reason — see examples below].
We first became aware of the missed filing on [date discovered] and have acted promptly to correct the mistake by submitting this Form 2553 immediately.
Since the intended effective date, the corporation has met all the eligibility requirements to be treated as an S Corporation under Internal Revenue Code §1361(b). All shareholders have reported their income, deductions, and credits consistent with S Corporation treatment on all affected federal tax returns.
This failure to file timely was inadvertent and not due to willful neglect. The corporation requests relief for a late S Corporation election under Rev. Proc. 2013-30.
Examples of How to Fill the “Reason” Section:
- Reliance on professional advice that the election would be automatic upon formation.
- Misunderstanding of the filing requirement when converting from LLC to S Corporation.
- Administrative oversight during entity formation due to illness, injury, or other personal hardship.
- Delay caused by misdirected mail or returned correspondence from the IRS.
Signed:
[Name], Title
Date: ___________
[Name], Shareholder
Date: ___________
(Repeat signature lines for all shareholders)
✅ How to Use This Template:
- Type or handwrite your specific details in the placeholders.
- Attach this statement behind your completed Form 2553.
- Write “Filed Pursuant to Rev. Proc. 2013-30” at the top of both the form and this letter.
- Mail to the IRS address listed in the Form 2553 instructions.
Health Insurance for S Corp Owners
- If you have marketplace health insurance (Covered CA, etc) then you will take the deduction on your personal tax return using the self-employed health insurance deduction
- If you have a different health insurance that you pay for, the S Corp can pay for this directly OR you can use the self-employed health insurance deduction on your personal tax return (the latter is easier)
- For dental and vision plans, the S Corp should pay for that directly
- If you have a health insurance plan for your other employees, you can be part of that group plan or not, whichever is most beneficial for you
Retirement Plan Options for S-Corporation Owners
A Guide to SEP-IRA, Solo 401(k), and SIMPLE IRA
If you own an S corporation (or are considering electing S-corp taxation), choosing the right retirement plan is an important planning decision. Unlike sole proprietors or partnerships, S-corp retirement contributions are generally based on W-2 wages, not K-1 income, which makes plan selection especially important.
This guide compares the three most common retirement plan options for S-corp owners: SEP-IRA, Solo 401(k), and SIMPLE IRA.
Key Rule for All S-Corp Owners (Important)
For S-corp owners who work in the business:
- Retirement contributions are based on W-2 wages only
- K-1 pass-through income does not count toward contribution limits
- The S corporation makes the employer contributions
This means that how much you pay yourself in wages directly affects how much you can contribute.
SEP-IRA
Overview
A SEP-IRA is an employer-only retirement plan that is simple to set up and administer.
Contribution Rules
- Employer contribution only (no employee deferrals)
- Up to 25% of W-2 wages
- Subject to the annual IRS dollar limit
- Contributions are discretionary each year
Pros
- Very easy to establish and maintain
- Flexible (no required contribution every year)
- Works well for businesses with volatile income
Cons
- Contributions are limited if W-2 wages are low
- No employee deferrals
- Must contribute the same percentage for all eligible employees
Best For
- S-corp owners with higher W-2 wages
- Owners who want simplicity over flexibility
- Firms with few or no employees
Solo 401(k)
Overview
A Solo 401(k) (also called an Individual 401(k)) is designed for business owners with no employees other than the owner and their spouse.
Contribution Rules
Two components:
- Employee deferral (owner as employee)
- Employer profit-sharing contribution
- Employee deferral: up to the annual IRS limit
- Employer contribution: up to 25% of W-2 wages
- Combined total subject to the annual IRS cap
Pros
- Allows much higher contributions at lower W-2 wages
- Most flexible option for S-corp owners
- Allows Roth contributions (depending on plan)
- Can include loan provisions
Cons
- More administrative complexity than a SEP-IRA
- Must be established by December 31 (employee deferrals)
- Not available if you have non-spouse employees
Best For
- S-corp owners with lower W-2 wages and higher profits
- Owners who want to maximize retirement savings
- Single-owner or owner-and-spouse businesses
SIMPLE IRA
Overview
A SIMPLE IRA is designed for small businesses with employees and offers a balance between simplicity and required contributions.
Contribution Rules
- Employee deferrals allowed
- Employer must make either:
- A 3% matching contribution, or
- A 2% non-elective contribution for all eligible employees
- Lower contribution limits than SEP-IRA or Solo 401(k)
Pros
- Allows employee deferrals
- Lower administrative burden than a traditional 401(k)
- Good option for businesses with employees
Cons
- Lower contribution limits
- Employer contributions are mandatory
- Less flexible than other options
- Generally not ideal for maximizing owner contributions
Best For
- S-corps with multiple employees
- Owners who want a simple, employee-friendly plan
- Firms not ready for a full 401(k)
Side-by-Side Comparison
Feature | SEP-IRA | Solo 401(k) | SIMPLE IRA |
Based on W-2 wages only | ✅ | ✅ | ✅ |
Employee deferrals | ❌ | ✅ | ✅ |
Employer contribution | ✅ | ✅ | ✅ |
Max flexibility | ❌ | ✅ | ❌ |
Required employer contributions | ❌ | ❌ | ✅ |
Works with employees | ✅ | ❌ (except spouse) | ✅ |
Admin complexity | Low | Moderate | Low |
Best for maximizing owner savings | ❌ | ✅ | ❌ |
Common Planning Takeaways for S-Corp Owners
- Low W-2 + high K-1 income → Solo 401(k) is often the best option
- High W-2 wages → SEP-IRA can work well
- Businesses with employees → SIMPLE IRA may be appropriate
- SEP-IRAs and SIMPLE IRAs require equal treatment for eligible employees
- Retirement planning should be coordinated with reasonable compensation strategy
Late S Corp elections
Forming an entity late in the year but elect S-corp status effective January 1 of the same year
This is allowed, but only if the IRS lets you choose a retroactive effective date for the S-corp election.
How it works
- You form a corporation (or LLC electing to be taxed as a corporation) in December 2025, for example.
- You file Form 2553 and request S-corp status effective January 1, 2025.
- The IRS can accept this retroactive election if:
- You file Form 2553 no later than 2 months and 15 days after the intended effective date
→ For a Jan 1 effective date, that deadline is March 15 of the same year. - AND you can show reasonable cause for filing the election late.
(This used to be strict, but IRS Rev. Proc. 2013-30 gives generous late-election relief.)
What this gives you
- Tax-wise, your corporation is treated as if it existed and operated as an S-corp for the entire year.
- Legally, however, the corporation technically did not exist before December — so earlier contracts, income, payroll, etc. must be treated as if done by you personally or another entity, then “contributed” to the corporation.
This mismatch is allowed for tax purposes, but you must maintain clean records.
But you cannot treat the corporation as legally existing before you formed it
You cannot retroactively create a corporation under state law.
So anything you did earlier in the year:
- wasn’t done by the corporation
- but can be contributed to it once formed
This is normal and common.
Important! You cannot contribute income and expenses earlier than the election effective date, but you can contribute income and expenses earlier than the formation date
Practical Issues & Limitations
Even though tax law allows a retroactive S-corp election, you may face these challenges:
1. Payroll requirements
If the S-corp is retroactive to Jan 1, you must:
- run payroll for yourself for the whole year,
- withhold/pay FICA,
- file Forms 941 for all quarters, and
- run W-2s.
We recommend filing $0 payrolls for the quarter(s) before formation.
2. State-level issues
Some states don’t allow retroactive corporation formation for state tax purposes.
You may be required to:
- pay minimum franchise tax starting the month you form,
- or file additional state forms.
3. Income before formation
All income received before the corporation’s formation legally belonged to you, so if you want it to be treated as the corporation’s income for tax purposes, you need to document it as being assigned or contributed when the corporation is formed.
Most realistic answer for most people
If you want the S-corp to apply for the whole year, the workable path is:
Form the entity (even in December) → file Form 2553 with a January 1 effective date → use late-election relief → run full-year payroll.
It’s allowed. It’s just an administrative headache.
If you want a simpler option
You can also:
- ✔️ Form the corporation in December
- ✔️ Elect S-corp effective December
- ✔️ Start fresh January 1 next year
This avoids late-election filings.
Guide: Filing Form 2553 Late With a January 1 Effective Date
This guide assumes:
- You formed a corporation or LLC earlier in the year (even as late as December)
- You want S-corporation status retroactive to January 1 of that same tax year
- You missed the 2 months + 15 days deadline
(e.g., for Jan 1 effective date → deadline was March 15)
The good news:
Rev. Proc. 2013-30 allows generous late S-corp election relief with a simple statement—no special IRS ruling, no fee.
1. What You Must Include in a Late Form 2553
Your late Form 2553 must include:
A. Completed Form 2553
- Box on line E: write “01/01/20XX” as the effective date.
- Check the box for Late Election Relief (Part I, Line I).
- Ensure all shareholders sign.
B. A “Reasonable Cause” Statement
This is required when filing late.
It can be attached as:
- a separate sheet titled “Late Election Relief Statement – Form 2553”, or
- included in the margin/space on the form.
It must contain these four core elements:
- The entity intended to be an S corporation as of Jan 1
- The cause for why Form 2553 was filed late
- Affirmation that the corporation and shareholders reported income consistently with S-corp treatment
- Statement requesting relief under Rev. Proc. 2013-30
2. IRS-Accepted “Reasonable Causes” (Pick One or Combine)
Below is a list of causes the IRS routinely accepts:
Common + Accepted Causes
- Misunderstanding of the deadline (most common)
- Tax preparer or attorney assumed someone else filed it
- Belief that the state registration or EIN application triggered S-corp status
- Inexperienced owner/operator unaware of the election requirement
- Administrative oversight during entity setup
- Forms prepared timely but not mailed / e-filed properly
- Change of personnel or bookkeeper during the period
- Delays due to illness or personal hardship
- Incorrect assumption that LLC default classification could be changed retroactively without filing a form
Avoid as Reasonable Cause
- “We forgot” without explanation
- “We wanted to wait to see if it benefited us”
- “Avoiding payroll taxes”
These signal intentional delay → typically not accepted.
3. Model “Reasonable Cause” Language You Can Copy
Choose one of the following templates depending on your situation.
Template 1 — Simple Administrative Oversight (Most Common)
Reasonable Cause Statement – Form 2553 (Late Election)
The corporation intended to be classified as an S corporation effective January 1, 20XX, and has operated as such since that date. The failure to file Form 2553 on time was due to an inadvertent administrative oversight during the entity formation process. The shareholders reasonably believed the election had been or would be filed by the tax preparer, and only recently discovered that the form had not been submitted.
Since January 1, 20XX, the corporation and all shareholders have consistently reported income, deductions, and credits as if the S corporation election were valid. The corporation and its shareholders request relief for a late S corporation election under Rev. Proc. 2013-30.
Template 2 — Tax Preparer or Legal Advisor Miscommunication
The shareholders intended S corporation status as of January 1, 20XX. The timely filing of Form 2553 was not completed due to a misunderstanding between the corporation and its tax preparer/legal advisor regarding who would submit the election. The corporation acted in good faith and believed the form had been filed.
The corporation and shareholders have consistently treated the entity as an S corporation since January 1, 20XX. Relief is requested under Rev. Proc. 2013-30 for the late filing.
Template 3 — Belief that Formation or EIN Application Included the Election
The corporation intended to elect S corporation status as of January 1, 20XX. The shareholders believed that either the filing of the Articles of Incorporation or the EIN application constituted or initiated the S corporation election. The error was discovered only upon later review with a tax professional.
The corporation and shareholders have consistently treated the entity as an S corporation since January 1, 20XX. Relief is requested under Rev. Proc. 2013-30 for the late election.
Template 4 — Illness or Personal Difficulty
The corporation intended to elect S corporation status effective January 1, 20XX. The responsible individual for the filing experienced significant illness/personal hardship during the filing period, resulting in the late submission of Form 2553.
The corporation and shareholders have consistently treated the entity as an S corporation since January 1, 20XX. The corporation respectfully requests late election relief under Rev. Proc. 2013-30.
4. How to Assemble & File the Package
Option A — Paper Filing (most common)
Send:
- Form 2553 (completed and signed)
- Reasonable Cause Statement (attached)
To the IRS address for your state (listed in the Form 2553 instructions).
Option B — Fax Filing
Allowed by IRS.
Faster than mail.
Option C — Attach to First 1120-S
If filing the initial 1120-S late-election package:
- Attach Form 2553 + Reasonable Cause Statement to the front of the return.
- Write “LATE ELECTION—REQ’D UNDER REV PROC 2013-30” at the top.
(Still recommended to send 2553 separately too.)
5. What Happens After You File
The IRS will issue:
- CP261 Notice = approval
or - Request for clarification (rare)
Approval rates for properly prepared late elections under Rev. Proc. 2013-30 are extremely high.
6. Quick Checklist
Before sending Form 2553 late with Jan 1 effective date:
- All shareholders sign Form 2553
- Effective date in Box E = 01/01/20XX
- “Late Election Relief” box checked
- Reasonable Cause Statement attached
- Statement confirms:
- Entity intended S-corp status from Jan 1
- Reason for late filing
- All owners treated entity as S-corp since Jan 1
- Request for relief under Rev. Proc. 2013-30
Close an LLC
Big picture (one sentence)
- Dissolution = decision to wind up
- Cancellation = ending the LLC’s legal existence
Some LLCs file both; others can file only a cancellation.
1️⃣ Certificate of Dissolution (Form LLC-3)
When it is required
File a Certificate of Dissolution only if:
- The LLC has more than one member, and
- The members did NOT unanimously vote to dissolve, or
- Dissolution occurred by:
- Expiration of a term
- A vote less than unanimous
- Court order
- Other non-unanimous event
What it does
- Formally records that the LLC has entered the winding-up phase
- The LLC still exists after dissolution for limited purposes (paying debts, filing returns, etc.)
Common examples
- 3-member LLC, 2 members vote to dissolve → LLC-3 required
- Operating agreement allows majority vote → LLC-3 required
- Court-ordered dissolution → LLC-3 required
2️⃣ Certificate of Cancellation (Form LLC-4/7)
When it is required
File a Certificate of Cancellation when:
- The LLC has completed winding up and
- You are ready to terminate the LLC’s existence with the Secretary of State
This is the form that actually ends the entity.
3️ When you can skip dissolution and file only cancellation
You may file only a Certificate of Cancellation (no LLC-3) if any one of the following applies:
✔️ A. Single-member LLC
- A single-member LLC does not need a Certificate of Dissolution
- The member’s decision is automatically unanimous
✔️ B. Multi-member LLC with unanimous approval
- All members vote to dissolve
✔️ C. Short-form cancellation (LLC-4/8)
You may use LLC-4/8 if all are true:
- Formed within the last 12 months
- Never conducted business
- No debts or liabilities
- No assets
- All members agree
4️ Practical decision table
Situation | File LLC-3? | File LLC-4/7? |
Single-member LLC | ❌ No | ✅ Yes |
Multi-member, unanimous consent | ❌ No | ✅ Yes |
Multi-member, not unanimous | ✅ Yes | ✅ Yes |
Court-ordered dissolution | ✅ Yes | ✅ Yes |
Short-form (LLC-4/8) eligible | ❌ No | ✅ Yes |
5️ Timing and tax coordination (important)
- The effective date of dissolution/cancellation:
- Must be the filing date or
- A future date within 90 days
- No retroactive dates allowed
- Filing with the Secretary of State is what stops:
- Future $800 annual LLC taxes
- Future statements of information requirements
A “final” tax return alone does not terminate the LLC.
Sales tax for CA nonprofits
Sales Tax for CA Nonprofits
What states do I have nexus in?
https://www.salestaxinstitute.com/resources/economic-nexus-state-guide
Here’s a clear breakdown of California sales tax rules for nonprofits that produce and sell their own goods. The rules are more nuanced than many people expect.
1. Baseline Rule
In California, nonprofits are not automatically exempt from sales tax.
- If a nonprofit sells tangible goods, the default rule is:
✅ You must register for a seller’s permit
✅ You must collect and remit sales tax
This applies even if:
- The nonprofit is a 501(c)(3)
- The funds support a charitable mission
- Volunteers do the work
- Sales are small
So the starting assumption is tax applies—unless a specific exemption applies.
2. Exemption: “Occasional Sales” by Nonprofits
A nonprofit may avoid collecting sales tax only if their sales qualify as occasional sales.
To qualify, all must be true:
No more than 2 events per year where taxable items are sold
The organization does not operate as a store, gift shop, or ongoing seller
It is not required to hold a seller’s permit for other reasons
If these are satisfied:
- The nonprofit does not have to register for a seller’s permit
- No sales tax is collected
But this exemption is very limited.
Regular or continuous sales do not qualify.
3. Exemption: Sales of homemade or handcrafted items by the nonprofit’s volunteers
This is the rule you’re asking about.
California has a narrow exemption for items produced directly by volunteers of the organization without paid labor.
To qualify for exemption:
The nonprofit must make the items itself,
The labor must be unpaid, and
The organization must not be buying finished products for resale
📌 Key point
If paid labor is involved at any stage of production, the exemption is usually lost.
So, does designing T-shirts but paying a printer count?
No.
If the nonprofit pays a company to manufacture/print the shirts, the shirts are not considered “made” by the nonprofit.”
That means:
The nonprofit must register for a seller’s permit
Must collect and remit sales tax on sales of those shirts
Even if:
- The design was created by volunteers
- The shirts promote the mission
- All profits support the nonprofit
Does working with a designer and a printer count?
If either the designer or printer is paid:
❌ This is treated as buying finished product for resale
❌ The exemption does not apply
✅ The nonprofit must collect sales tax
What does qualify?
Example:
- Volunteers buy blank fabric
- Volunteers sew, paint, or craft items themselves
- No one is paid for production
Those goods can be sold without sales tax, if not sold more than twice per year.
If sales happen regularly (like an ongoing online shop or church gift store), a seller’s permit is required even if volunteers make the goods.
4. So what does the nonprofit need to do?
If goods are not entirely volunteer-made:
- Register with CDTFA for a Seller’s Permit
- Charge and remit sales tax on sales of merchandise
There is no deduction or exemption in this case.
If goods are 100% volunteer-made AND sold no more than two days per year:
- No seller’s permit needed
- No sales tax collected
If volunteer-made but sold regularly:
- Seller’s permit required
- No tax on the volunteer-made goods only if specific rules in Regulation 1570 are met (rare)
Most nonprofits with printed T-shirts do not qualify for the exemption.
5. Source Regulations (plain language)
- Regulation 1570 — Charitable Organizations
- Publication 18 — Nonprofit & Tax-Exempt Organizations
- Publication 107 — Do You Need a Seller’s Permit?
Quick summary in plain English
Scenario | Sales Tax Required? | Seller’s Permit Required? |
Nonprofit designs shirts but pays a printer | ✅ Yes | ✅ Yes |
Nonprofit hires a designer and printer | ✅ Yes | ✅ Yes |
Nonprofit sells items made by volunteers, no paid labor, and only 2 days per year | ❌ No | ❌ No |
Nonprofit sells volunteer-made items year-round (online or in person) | Possibly ❌ tax on items, but ✅ Seller’s permit likely required |
|
Nonprofit runs a shop, booth, or regular merch table | ✅ Yes | ✅ Yes |
Donation guide for nonprofits
Donation guide for nonprofits
Donor Acknowledgement for Nonprofits: Key IRS Rules & When They Apply
1. Record-keeping for any monetary contribution (even small ones)
- For any cash, check, credit-card or other monetary gift (regardless of amount), a donor must maintain some record to support a deduction. That can be a bank record, a canceled check, a credit-card statement, or a written communication from the charity showing the charity’s name, the date, and the amount of the contribution. IRS+2IRS+2
- For payroll-deducted gifts, specific rules apply: you must keep (a) a pay stub (or W-2 or equivalent) showing the amount withheld, and (b) a pledge card or similar document from the charitable organization stating that no goods or services were provided in return for the contribution. IRS+2Pro Bono Partnership+2
2. Contemporaneous Written Acknowledgment for $250 or more (cash or noncash)
If a donor wants to claim a deduction for a contribution (cash or noncash) of $250 or more, the donor must have a “contemporaneous written acknowledgment” from the charity. IRS+2IRS+2
“Contemporaneous” means the acknowledgment must be received by the donor by the earlier of:
- the date the donor files the original return for the year in which the contribution was made, or
- the due date (including extensions) for that return. IRS+2Nonprofit Accounting Basics+2
What must the acknowledgment include: IRS+2IRS+2
- Name of the charitable organization. IRS+1
- Amount of cash contributed (if cash). IRS+1
- If noncash contribution: a description (not value) of the donated property. IRS+2IRS+2
- A statement whether the charity provided any goods or services in return (“quid pro quo” benefits). IRS+2IRS+2
- If goods or services were provided, a description and good-faith estimate of their fair-market value (unless only intangible religious benefits were provided, in which case the acknowledgement can just say so). IRS+2IRS+2
Additionally, a simple canceled check or bank record is not sufficient for donations of $250 or more. Young Moore Law+2Kean Foundation+2
If multiple donations of $250 or more are made in a year, the charity may either provide separate acknowledgments or a single acknowledgment that lists each contribution and date. IRS+2IRS+2
3. Additional Requirements for Noncash Contributions (Property)
- For noncash contributions of property: even if under $250, donors must keep reliable records — name and address of charity, date, description of items, and if clothing/household items: condition, and how fair market value (FMV) was determined. IRS+2LawHelp+2
- For noncash contributions valued between $250–$500, the contemporaneous written acknowledgment must include the description (not value) of the property, plus the usual statement about goods/services given in return (if any). IRS+2Young Moore Law+2
- For noncash contributions over $500, additional IRS reporting requirements apply: the donor must file Form 8283 with their return. If over $5,000, a “qualified appraisal” is typically required, and the charity must sign the Form 8283. IRS+2LawHelp+2
4. “Quid Pro Quo” Contributions — When Donor Receives Goods or Services in Exchange
If a donor makes a payment and receives goods or services in return (e.g. gala ticket, dinner, membership benefits, event admission), this is considered a “quid pro quo contribution.” The rules: IRS+3IRS+3Tenenbaum Law Group PLLC+3
- If the payment (total) exceeds $75, the nonprofit must provide a written disclosure statement to the donor. IRS+2FIU Foundation+2
- The disclosure must: (a) state that the deductible portion equals the payment minus the fair-market-value of goods/services received, and (b) provide a “good faith estimate” of the value of those goods or services. Tenenbaum Law Group PLLC+2Archer & Greiner, P.C. - Homepage+2
- The disclosure must be furnished in connection with the solicitation or receipt of the contribution (i.e. when tickets are sold, or when payment is received). Tenenbaum Law Group PLLC+2IRS+2
- Nonprofits that fail to provide required disclosure for a quid pro quo contribution over $75 may be subject to a penalty of $10 per contribution, up to $5,000 per fundraising event or mailing. IRS+2IRS+2
- Note: whether or not the donor is ultimately deducting anything doesn’t change the requirement — the disclosure is required if payment > $75 and goods/services provided. IRS+2Tenenbaum Law Group PLLC+2
5. Timing / When Acknowledgments/Disclosures Should Be Provided
- Written acknowledgments (for ≥ $250 gifts) should be “contemporaneous”: by the earlier of the date the donor files the return or the return due date (with extensions). IRS+2IRS+2
- Many charities send such acknowledgments by January 31 of the following year as a practical matter — that generally satisfies “contemporaneous.” Nonprofit Accounting Basics+2Carr, Riggs & Ingram+2
- For quid pro quo disclosures, the requirement is to provide the notice “in connection with the solicitation or receipt” of the payment — i.e. at or before the time of payment (or soon after). Tenenbaum Law Group PLLC+2IRS+2
Summary Table of Key Requirements
Situation / Gift Type | What Donor Must Keep / Obtain | What Charity Must Provide | Notes / Additional Rules |
Cash or check (any amount) | Bank record / cancelled check / credit-card statement / written comm. showing name, date, amount | — | Solid proof required even if under $250. IRS+1 |
Cash or noncash gift ≥ $250 (single contribution) | Contemporaneous written acknowledgment (CWA) from charity | — | A canceled check or bank record not sufficient. IRS+2IRS+2 |
Noncash gift $250–$500 (single) | CWA including description (not value) of property, plus usual info about goods/services given in return (if any) | — | Donor must also keep records if claiming deduction. IRS+2LawHelp+2 |
Noncash gift > $500 (single) | CWA + donor must file Form 8283 w/ tax return; if > $5,000 generally need qualified appraisal | — (charity signs 8283 if >$5,000) | More detailed reporting required. IRS+2LawHelp+2 |
Payment to charity + donor receives goods/services (quid pro quo) — payment > $75 | Donor must still keep records; may claim deduction only for excess over FMV of benefit | Written disclosure from charity stating deductible portion and good-faith estimate of benefit’s FMV | If charity fails to disclose, penalty may apply. Tenenbaum Law Group PLLC+2IRS+2 |
Payment + benefit — payment ≤ $75 | Donor deduction limited to payment minus benefit value; no required disclosure by charity (unless benefit isn’t “insubstantial”) | — | Charity usually doesn’t have a legal requirement to acknowledge — but donors still need records. Pro Bono Partnership of Ohio+2Nonprofit Accounting Basics+2 |
Primary IRS Guidance Documents (References)
- IRS Publication 526 — Charitable Contributions (2025 version) IRS+1
- IRS Publication 1771 — Charitable Contributions – Substantiation and Disclosure Requirements FIU Foundation+1
- IRS web page: “Substantiating Charitable Contributions” (on IRS website) IRS+1
- IRS web page: “Charitable Contributions: Written Acknowledgments” (which spells out what must be in the acknowledgment) IRS+1
- IRS web page: “Charitable Contributions: Quid Pro Quo Contributions” (rules when donor receives goods or services) IRS+1
Additional Notes & Common Pitfalls
- For purposes of the $250 threshold, separate contributions are not aggregated. For example, ten $25 donations do not count as one $250 donation. IRS+2LawHelp+2
- For payroll-deducted donations, each paycheck’s deduction is treated separately for the $250 threshold. IRS+1
- For noncash property donations, it’s the value at time of donation that governs whether appraisal / extra reporting is required. IRS+1
- Even if the donor receives something in return (making it a quid pro quo), if the charity does not provide goods/services (or provides only “insignificant / token” benefits), the standard $250 acknowledgment rule still applies (i.e. if gift ≥ $250).
Donor acknowledgements
- Standard donation ≥ $250 (no goods/services provided)
- Standard donation ≥ $250 (goods/services NOT provided, but includes optional language for religious orgs)
- Quid-pro-quo donation > $75 (donor receives goods/services; required disclosure)
All templates follow IRS Publication 1771 and Publication 526 requirements.
1. Standard Contemporaneous Written Acknowledgment (No Goods/Services Provided)
Use this for cash or non-cash gifts of $250 or more when nothing of value was given back to the donor.
Subject: Thank You for Your Contribution
Dear [Donor Name],
Thank you for your generous contribution to [Organization Name], a qualified 501(c)(3) charitable organization (EIN: [EIN Number]).
Contribution Details
- Date of Contribution: [Date]
- Amount Contributed: $[Amount]
(If non-cash: “Description of property donated: [Describe property]. Note: We do not provide valuation.”)
Goods or Services Provided:
No goods or services were provided in exchange for your contribution.
Please retain this acknowledgment for your tax records. A contemporaneous written acknowledgment is required by the IRS for any single contribution of $250 or more.
With gratitude,
[Name]
[Title]
[Organization Name]
[Address]
[Email / Phone]
2. Standard Acknowledgment (For Religious Organizations)
Use when ONLY “intangible religious benefits” were provided.
Subject: Thank You for Your Contribution
Dear [Donor Name],
Thank you for supporting [Organization Name] with your contribution of $[Amount] made on [Date].
Goods or Services Provided:
The only goods or services provided were intangible religious benefits, as defined by the IRS.
No other goods or services were provided in exchange for your gift.
Please keep this acknowledgment for your tax records.
Blessings,
[Name / Title]
3. Quid Pro Quo Contribution Disclosure (Payment > $75 With Goods/Services Provided)
Use this when donor receives something in return — e.g., gala dinner, event ticket, membership package.
Subject: Required Disclosure for Your Contribution
Dear [Donor Name],
Thank you for your contribution to [Organization Name].
Contribution Details
- Total Payment: $[Total Amount Paid]
- Date: [Date]
Goods or Services Provided in Exchange:
In return for your contribution, you received the following goods or services:
- Description: [e.g., “Dinner and entertainment at our annual gala”]
- Good-Faith Estimate of Fair Market Value (FMV): $[FMV Amount]
Deductible Amount:
Under IRS rules, the amount of your contribution that is deductible for federal income tax purposes is limited to the excess of your payment over the fair market value of the goods or services provided.
Deductible portion:
$[Total Amount] – $[FMV] = $[Deductible Amount]
This written disclosure is required by IRS rules for quid-pro-quo contributions exceeding $75.
Thank you for your support,
[Name]
[Title]
[Organization Name]
Optional: Add Form 8283 (Non-Cash > $500) Language
If donor contributes non-cash property over $500, add:
“Because your non-cash contribution may require IRS Form 8283 for your tax return, please let us know if you need the charitable organization signature for Section B (required only for contributions valued over $5,000). We do not provide valuation for donated property.”
Taxes with RA
Tax Preparation with Radical Accountant
Step 1: Get to know each other
and/or
Step 2: We get paid!
- Via New Services Questionnaire if you’re ready to get started!
or
- We’ll send an invoice from our client portal Financial Cents to your email after correspondence or consultation
Step 3: We get your info!
- Via tax prep questionnaire
or
- Document request from our client portal Financial Cents
or
- Schedule a 60-minute tax prep call to do your taxes in real time together
Step 4: You review
- We’ll email a link to your tax return for you to review. We can schedule a call to discuss
or
- We’ll walk through together on a call
Step 5: You esign and we file online!
- We can’t file without your signature
Tax years 2021 and prior must use snail mail. For an extra $50 per return, we will print documents and mail them to you with a prepaid label so you can sign and drop back in the mail!
Bookkeeping with RA
Bookkeeping with Radical Accountant
Step 1: Get to know each other
and/or
Step 2: We get paid!
- Via New Services Questionnaire if you’re ready to get started!
or
- We’ll send an invoice from our client portal Financial Cents to your email after correspondence or consultation
Step 3: We have an initial consultation
- This is a 60-minute call to learn about your business’s operations and financial accounts
What to have ready for this:
- Send us access to your bookkeeping! Xero, Quickbooks, Freshbooks, Waveapps: jae@radicalaccountant.com
- If it’s a spreadsheet, share with cleo@radicalaccountant.com
- List of questions you want to ask!
Step 4: We send you a bookkeeping guide
- This will be a guide to how to do your bookkeeping better, fix outstanding problems, and keep track of the answers to your questions. It’s your playbook, or our guide to providing ongoing support.
Step 5: If you need more support, we’ll figure out next steps
- We can set up consultations as requested at our hourly rate
OR
- We can get a quote for ongoing monthly bookkeeping support at a fixed monthly rate + upfront costs for clean-up or catch-up
Biz compliance with RA
Business Compliance with Radical Accountant
Step 1: Get to know each other
and/or
Step 2: We get paid!
- Via New Services Questionnaire if you’re ready to get started!
or
- We’ll send an invoice from our client portal Financial Cents to your email after correspondence or consultation
Step 3: We have an initial consultation
- This is a 60-minute call to learn about your business’s operations and compliance landscape
or
- A 60-minute call to kick off entity formation and/or payroll setup for your business
What to have ready for this call:
- Records of business formation, articles, bylaws, and recurring filings
- Records of estimated taxes paid in the past 12 months
- Local business license, DBA, and any other state and local filings
- Your list of questions!
Step 4: We send you a business compliance guide
- This will be a guide to how to maintain your own business compliance better, fix outstanding problems, and keep track of the answers to your questions. It’s your playbook, or our guide to providing ongoing support.
Step 5: If you need more support, we’ll figure out next steps
- We can set up consultations as requested at our hourly rate
or
- We can get a quote for ongoing business compliance support at a fixed monthly rate + upfront costs for supporting resolution of issues
Ongoing business compliance support list of offerings:
- Local business license filing, typically annual
- State gross receipts tax, business & occupational tax, and similar filings
- DBA renewal filing (typically every 5 years)
- Template annual meeting minutes (corporation)
- S Corp owner payroll and reasonable compensation calculation support
- Annual 1099-NEC filing for contractors
- Estimated tax calculation and payment
- Sales tax filing
Pricing varies based on complexity of services provided
Entity formation includes:
- Formation with Secretary of State
- Template bylaws (corporation) or operating agreement (LLC or partnership)
- Template initial meeting minutes (corporation)
- Initial statement of information with Secretary of State
- Employer identification number (form CP575)
- DBA filing, if needed
- Local business license filing, if needed
Pricing: $500 for formation in one state + $300 each additional state registered simultaneously
Additional fee for sales tax and sellers permit registration
Employer registration includes:
- Registration with one state payroll agency (i.e., EDD in California)
- Setup of Gusto payroll software (paid separately by client)
- Advice on S Corp owner reasonable compensation or other initial payroll questions
Pricing: $250 for formation in one state + $150 each additional state registered simultaneously