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I've been following this discussion with interest as someone who works in tax compliance. A few key points to consider: The IRS has been fairly consistent in their position that gambling losses, even for content creators, remain subject to the traditional limitations under Section 165(d). The critical test is whether the primary purpose of the activity is profit from gambling itself versus profit from creating content about gambling. However, there are some legitimate business deductions you might be overlooking: - Equipment costs (cameras, editing software, etc.) - A portion of your home office if used exclusively for content creation - Internet and phone costs related to your business - Professional development (courses on content marketing, etc.) - Banking fees for your business accounts The tricky part is documenting that your betting activity serves a legitimate business purpose beyond just the potential to win money. If you can show that you're placing specific bets solely to demonstrate strategies or create educational content (and you document this thoroughly), you might have a stronger case for some deductions. I'd strongly recommend consulting with a tax professional who has experience with content creators and gambling-related businesses. The penalties for misclassifying gambling losses as business expenses can be significant.
This is really helpful perspective from someone in tax compliance. I'm curious about the documentation aspect you mentioned - what would "thorough documentation" actually look like in practice? Like would screenshots of the content creation process be enough, or does the IRS expect more formal documentation? Also, when you mention penalties for misclassifying gambling losses as business expenses, are we talking about just paying back taxes plus interest, or could there be fraud penalties involved? I want to make sure I understand the potential downside before I make any decisions about how to handle this on my return.
Great question about documentation! From what I've seen in practice, thorough documentation would include: - Timestamped records showing when bets were placed specifically for content creation - Screenshots/videos of the actual content creation process - Business calendar entries showing planned content around specific bets - Separate accounting for "content bets" vs any personal gambling - Written business plan outlining how betting fits into your content strategy Regarding penalties - if the IRS views it as an honest mistake in interpretation of tax law, you'd typically face accuracy-related penalties (20% of the underpayment) plus interest. However, if they determine there was intentional disregard of rules or fraud, penalties can be much steeper (75% of underpayment for fraud). The key is showing good faith effort to comply. Keep detailed records, consider getting a professional opinion letter from a tax attorney or CPA, and be conservative in your approach. The IRS is generally more lenient when they can see you made a genuine attempt to follow the rules, even if you interpreted them incorrectly. Given the gray area nature of this issue, I'd really emphasize getting professional guidance rather than going it alone.
This is a fascinating case that highlights how the tax code hasn't fully caught up with modern content creation business models. While I understand the frustration with the traditional gambling loss limitations, there might be a middle-ground approach worth exploring. Consider documenting a clear separation between "demonstration bets" and any personal gambling. For the bets you place specifically for subscriber content, you could: 1. Use a dedicated business account/card for these transactions 2. Create content BEFORE placing the bet (showing your analysis process) 3. Never cash out winnings from these demonstration bets - instead, use them for additional content 4. Maintain detailed records showing the direct connection between specific bets and specific content pieces While the actual wagered amounts would still likely be treated as gambling activity, this approach could strengthen your position for other related expenses like research time, analysis tools, and the business costs of maintaining separate accounts for content creation. The key is showing the IRS that these aren't just bets you're placing anyway and then creating content about - they're bets placed solely as part of your content creation process with no personal profit motive from the gambling itself. I'd also suggest reaching out to other gambling content creators to see how they've handled this. There might be some informal best practices emerging in your industry that could provide guidance.
This is excellent advice about creating that clear separation. I'm actually new to this whole situation but I've been thinking about starting a similar content business around sports betting predictions. Your point about never cashing out the winnings from demonstration bets is really smart - it shows the IRS that you're not gambling for personal profit but truly using it as a business tool. One question though - if you never cash out the winnings, how do you handle that on your taxes? Do those unclaimed winnings still count as gambling income that you have to report? And would the platforms still send you a 1099 for money you never withdrew? I'm trying to understand all the implications before I potentially get myself into a complicated tax situation. The documentation approach you outlined seems like it would create a really strong paper trail to show business intent versus personal gambling.
Tell your coworker to google "IRS frivolous tax arguments" and look at the official IRS website. They literally have a whole section dedicated to debunking these exact schemes and warning about the $5,000 penalty for submitting these arguments. Also search for "tax protester cases" to see how many people have gone to PRISON for this stuff!
Your instincts are spot on - this is absolutely a scam and your coworker is playing with fire. I work in tax compliance and see the aftermath of these schemes regularly. The "Revocation of Election" is complete nonsense with no legal basis whatsoever. The scary thing is that people can get away with it for a few years, which makes them think they're safe. But the IRS has up to 6 years (or indefinitely in cases of fraud/non-filing) to come after you. When they do, it's devastating - we're talking about accumulated interest, failure-to-file penalties, failure-to-pay penalties, plus that $5,000 frivolous filing penalty for each year. I've seen cases where someone owed $15K in actual taxes but ended up owing over $60K after penalties and interest. Your coworker needs to get back into compliance immediately before this gets worse. The longer he waits, the more expensive this mistake becomes.
This is exactly what I needed to hear! I've been trying to figure out how to approach my coworker about this without coming across as preachy. The numbers you mentioned really put it in perspective - turning a $15K tax bill into $60K+ is absolutely insane. Do you think there's any hope for someone to get penalties reduced if they voluntarily come forward before the IRS catches them? Or is he basically stuck with whatever massive bill has been accumulating? I'm hoping if I can show him there might be some way to minimize the damage by acting now, he might actually listen.
As someone who just went through this exact situation last month, I can confirm what everyone is saying - you absolutely need to report ALL dividend income regardless of amount. I had $3.47 in dividends from some leftover stock and initially thought about skipping it, but after doing research (and talking to a tax professional), I learned that the IRS considers any unreported income as potential tax evasion, even tiny amounts. The key thing to remember is that even though your brokerage didn't send you a 1099-DIV, they still reported those payments to the IRS with your SSN. So the IRS knows you received that money, and if you don't report it, their matching systems could flag it later. I ended up calling my brokerage (Schwab) and they were super helpful - didn't need my password, just answered some security questions and they gave me the exact dividend amounts over the phone. Took maybe 10 minutes total. Way easier than trying to reset passwords or worry about whether I was reporting correctly. My advice: just call your brokerage, get the exact amount, and report it. The peace of mind is worth way more than the few cents in additional tax you'll owe!
This is exactly what I needed to hear! I've been stressing about my tiny dividend amounts too and wasn't sure if it was worth the hassle. Your experience with Schwab is encouraging - I have my account with them too and was dreading having to reset my password just for a few dollars in dividends. The point about the IRS already knowing about the payments through their SSN matching makes total sense. I guess I was thinking about this all wrong - it's not about whether the amount is "significant enough" to matter, it's about being compliant with reporting requirements regardless of the dollar amount. Thanks for sharing the security questions approach! I'm definitely going to try calling them tomorrow. Much better than spending hours trying to recover account access or worrying about whether I'm doing this right.
I'm dealing with a similar situation right now and this thread has been incredibly helpful! I have about $8 in dividends from a Robinhood account that I can't access (phone got stolen and lost my 2FA). After reading everyone's experiences, I'm definitely going to report it rather than risk any issues. The explanation about the $10 threshold being for when companies MUST send forms vs. when WE must report income really cleared up my confusion. I'm going to try calling Robinhood tomorrow to see if they can help me get the exact amount without logging in, like others mentioned worked with their brokerages. If that doesn't work, I'll probably go with one of the AI tax services mentioned here to make sure I'm handling this correctly. Thanks to everyone for sharing their experiences - it's really reassuring to know I'm not the only one dealing with this kind of situation during tax season!
This thread has been absolutely incredible to read through! As someone who's been working as an EA for about 3 years now, I wish I'd had access to this kind of comprehensive discussion when I was starting out and feeling uncertain about advertising my credentials. What I find most valuable here is how everyone approached the question from different angles and consistently arrived at the same conclusion - EAs can absolutely advertise their credentials, but precision in language is crucial. The distinction between saying "licensed by the IRS" (incorrect) versus "authorized by the U.S. Department of Treasury to practice before the IRS" (correct) is so important for compliance. I've been using "Enrolled Agent, federally authorized to represent taxpayers before the IRS" in my marketing materials, and seeing all the similar language examples here gives me confidence I'm on the right track. The fact that people verified this through multiple authoritative sources - from AI analysis of Circular 230 to direct calls with the Office of Professional Responsibility - really reinforces the reliability of this guidance. @NebulaKnight - looks like you'll need to concede this debate to your colleague, though the nuanced language requirements everyone discussed will definitely help both of you market your services more effectively and compliantly!
Logan, I couldn't agree more with your assessment! As someone who's been following this discussion closely, it's been fascinating to see how a simple workplace debate evolved into such a thorough exploration of EA advertising regulations. What really impresses me is the collaborative spirit everyone has shown here - from sharing AI tools like taxr.ai for regulatory analysis, to services like Claimyr for reaching IRS representatives, to experienced practitioners sharing their real-world compliance experiences. This is exactly the kind of knowledge-sharing that makes our professional community stronger. The consistency of answers across all these different research methods really builds confidence. Whether people analyzed Circular 230 directly, called the Office of Professional Responsibility, or drew from years of practice experience, everyone arrived at the same conclusion: EAs can and should advertise their credentials with proper language. I'm bookmarking all the compliant phrasing examples for future reference. "Enrolled Agent authorized by the U.S. Department of Treasury to practice before the IRS" seems to be the gold standard, and it's great to see variations like your "federally authorized to represent taxpayers before the IRS" that are equally compliant. Thanks to everyone who contributed - this thread will be an invaluable resource for EAs navigating these advertising regulations!
This has been such an educational thread to follow! As someone who just passed the EA exam last month and is starting to think about how to market my new credential, this discussion couldn't have come at a better time. What really stands out to me is how this demonstrates the importance of seeking multiple authoritative sources rather than relying on hearsay or assumptions. The fact that people used everything from AI analysis of Circular 230 to direct calls with the IRS Office of Professional Responsibility, and all arrived at the same conclusion, gives me real confidence in the guidance. The key takeaway seems crystal clear: EAs absolutely CAN and SHOULD advertise their credentials - we've earned this federal authorization and taxpayers need to know about our qualifications. The critical element is using precise language that accurately represents what the credential means and who grants it. I'm taking notes on all the compliant phrasing examples shared here. "Enrolled Agent authorized by the U.S. Department of Treasury to practice before the IRS" appears to be the most precise and widely accepted language. It's such a relief to have this clarity as I start building my marketing materials. Thanks to everyone who took the time to research and share their experiences. This kind of collaborative knowledge-sharing is exactly what makes the EA community so valuable for practitioners at all stages of their careers!
Ethan Clark
Has anyone used an S-Corp instead of a disregarded LLC to optimize for QBI? I've heard it can be beneficial in some cases.
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StarStrider
ā¢I switched from a disregarded LLC to an S-Corp two years ago and it's been great for tax savings overall, but it's a mixed bag for QBI specifically. The benefit is that you can pay yourself a reasonable salary (which isn't eligible for QBI) and take the rest as distributions (which are eligible). This can optimize your QBI deduction. But there's a tradeoff - you pay FICA taxes on the salary portion but not on distributions. So you're balancing between QBI savings and FICA tax savings. My accountant helped me find the sweet spot.
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Rosie Harper
Great discussion here! As someone who's been dealing with QBI calculations for a few years now, I wanted to add a few practical tips that might help: 1. **Keep detailed records** - The IRS may ask for documentation to support your QBI deduction, especially if you're claiming rental property income qualifies as a business activity. 2. **Consider the timing** - If you're close to the income thresholds, you might be able to defer income or accelerate expenses to stay below the phase-out limits. 3. **Don't forget about state taxes** - As mentioned earlier, most states don't conform to the federal QBI deduction, so make sure you're calculating your state estimated payments on the full income amount. 4. **Form 8995 vs 8995-A** - If your taxable income is below the threshold, you can use the simple Form 8995. Above the threshold, you'll need the more complex Form 8995-A. For your Q4 estimated payment, I'd recommend being conservative and calculating based on your full income, then adjust when you file your return. It's better to get a refund than owe penalties for underpayment. The tools mentioned above (taxr.ai, Claimyr) sound helpful, but also consider consulting with a tax professional who specializes in small business taxes if your situation is complex. The QBI rules are intricate and the cost of getting it wrong can be significant.
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Isaac Wright
ā¢This is really helpful advice, especially the point about being conservative with Q4 estimated payments! I've been burned before by underestimating and having to pay penalties. One question about the timing strategy you mentioned - if I'm right at the threshold limit, would it make sense to defer some December invoicing to January to stay below the phase-out? Or does that create other complications with cash flow and next year's taxes? I'm trying to balance optimizing this year's QBI deduction without creating a bigger problem for 2026.
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