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Small business owner in trouble

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logan5

Junior Member
What is the name of your state? Pennsylvania


My husband and I formed an LLC in 2005, while we were unmarried. We knew (and still know) next to nothing about how to run a business. In the beginning we thought it would be good to keep copies of the receipts from our sales, and receipts for the supplies we purchased. We filed and paid our state sales taxes for the first and second quarters of 2005, and for the third quarter of 2005 we filed, but did not pay. That is as far as we have gone with our taxes.

We were married in 2006.

I'll spare you the details about what led us to be in such dire financial straits. I'll leave it at this: We were eating on less than $20 a week and paying our taxes just wasn't possible.

We never filed our federal taxes. Not our business taxes or our personal income taxes. The state called us to pay the taxes on the amount we filed for the third quarter of 2005, but eventually they stopped calling.

We have continued to keep some of our receipts for our expenses, and all of our copies of customer receipts. We have never had an employee. It is solely the two of us who do the service-based work.

I would like to get this taken care of by April 15th, so that we can start the new fiscal year fresh and legally. I know it won't be solved by then, but to start would be great. The burden of living with this is really tough.

We're still quite poor. We left our apartment and moved in with my parents. We have quite a bit of debt that we would like to get taken care of, aside from the tax debt. We can't afford to hire an accountant, we're hoping to do this on our own.

My husband's father is a lawyer, so we have free legal aid if necessary, but as we're quite embarrassed about our situation we'd prefer not to have to go to him.

My questions are as follows:

1.Once I figure out what we made each year, what is the approximate percentage of that income that would have to be paid out in taxes? We've never made more than $100k a year. Probably no more than $50k.

2.What sort of penalties are there for this type of thing?

3.I have heard of people having their wages garnished for tax repayment, but how would they garnish my wages since I am self-employed?

4.We haven't kept our personal finances separate from the business finances. Our personal account was closed for having too low a balance, and we just shifted to using the business account for everything. How would I be able to figure out what to claim as my personal income? All of the meager money we make is almost immediately spent back out. Is the business income also our personal incomes, then? Ours is a service based business, as in we perform a service and get paid x amount for that.

5.We are planning to close the business in several years, when we have saved up enough money to buy a small piece of land in Georgia. Would I be able to buy land and build a home on it while having this tax burden, or would the government seize it as an asset?

6.Does the IRS make payment arrangements based on your income? And if your income drops, do the reevaluate that amount?

I know this is a terrible situation. Any help you could offer at all would be of immense help. If there is any more information I need to provide you with, please just ask.

Thank you for taking the time to read my post.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


FlyingRon

Senior Member
1.Once I figure out what we made each year, what is the approximate percentage of that income that would have to be paid out in taxes? We've never made more than $100k a year. Probably no more than $50k.
Is it just the two of you? Then probably the LLC should just flow through to your presonal income tax. By "made" do you mean gross receipts? You can take off the top business expenses you paid. After that you owe some amount (28% or whatever) federal income tax, and 15.3% SE tax. Plus whatever state income tax (don't know PA).
2.What sort of penalties are there for this type of thing?
Almost certainly, it's a percentage of the tax owed plus the interest between when it was due and when you pay it.
3.I have heard of people having their wages garnished for tax repayment, but how would they garnish my wages since I am self-employed?
They'll lien your house and attach your bank accounts.
4.We haven't kept our personal finances separate from the business finances.
Doesn't much matter if it's just the two of you. They'll just lump the LLC and your personal stuff together.
5.We are planning to close the business in several years, when we have saved up enough money to buy a small piece of land in Georgia. Would I be able to buy land and build a home on it while having this tax burden, or would the government seize it as an asset?
They'll seize the money easier than the land.

You need to round up all the paper and take it to a tax professional. This is way beyond something you want to wade through yourself.
 

logan5

Junior Member
Yes, by "made" I did mean gross receipts. How much do you think something like this would cost for a tax professional to sort out? I thought it might be a lot, and we have no savings with which to pay him/her.

Are you certain I couldn't do it myself? I admit I know nothing, but I was hoping there would be something I could do.

If I will definitely need to hire a professional, what steps could i take to reduce the amount of work he'll have to do, in order to save money? I understand it's quite a mess.

Thanks so much for your prompt response. I do appreciate it.

And yes, the LLC is just myself and my husband, no one else. So I guess they would just lump the stuff together. Does that make it easier or more likely that i could do it on my own?
 

logan5

Junior Member
Also, do you know what the percentage of tax owed they use for the penalty? Does that number ever change?

Do you happen to know the interest rate, as well?
 

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