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One important consideration that hasn't been fully addressed is the record-keeping burden. Whether you form an LLC or stay as a sole proprietor, the IRS requires meticulous documentation for vehicle expenses, especially when claiming 100% business use. You'll need to maintain a detailed mileage log showing business vs. personal use, keep all receipts for maintenance and repairs, and document that the vehicle is truly used exclusively for rideshare. The IRS is particularly scrutinous of 100% business use claims for vehicles, so you'd need to have another car for personal use to support this position. Also, while everyone's discussing tax implications, don't forget about your state's requirements. Many states have annual LLC fees (California charges $800/year minimum regardless of income), publication requirements, or other ongoing compliance costs that could easily outweigh any tax benefits. Given your income level of $3,800-4,200 monthly, you're likely already eligible for the QBI deduction as a sole proprietor, can deduct vehicle expenses, and avoid the administrative overhead of an LLC. The liability protection aspect is minimal since you'd still need proper rideshare insurance coverage regardless of your business structure.

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Ezra Bates

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This is exactly the kind of detailed analysis I needed! The record-keeping requirements you mentioned are something I hadn't fully considered. I was thinking the 100% business use would be straightforward, but you're right that the IRS would expect rock-solid documentation. I currently use my personal car for both Uber and personal trips, so claiming 100% business use wouldn't be accurate anyway. It sounds like I'd need to either buy a dedicated rideshare vehicle (which adds complexity) or stick with tracking actual business vs personal mileage. The state fee point is huge too - I'm in California, so that $800 annual minimum would eat into any potential savings pretty quickly. Combined with the QBI deduction already being available as a sole proprietor, it really seems like the LLC route would be more hassle than benefit for my situation. Thanks for the reality check on the compliance costs!

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CyberNinja

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I've been researching this exact question for months and want to share what I've learned from both my CPA and actual experience. The short answer is that for most rideshare drivers, an LLC doesn't provide meaningful tax advantages over operating as a sole proprietor. Here's the reality: as a sole proprietor, you're already eligible for the same vehicle deductions (standard mileage or actual expenses), the QBI deduction (up to 20% of net business income), and all other legitimate business expense deductions. A single-member LLC is treated as a "disregarded entity" for tax purposes, meaning your income still flows to Schedule C on your personal return. The key factors that actually matter for your tax situation are: 1) Maintaining detailed records of business vs personal vehicle use, 2) Choosing between standard mileage (65.5ยข/mile for 2023) vs actual expenses method, 3) Taking advantage of the QBI deduction, and 4) Making quarterly estimated payments to avoid penalties. At your income level ($45k-50k annually), you're likely saving more money through proper tax planning as a sole proprietor than you would by adding the complexity and costs of an LLC. Focus on maximizing your legitimate deductions and consider consulting with a tax professional who understands rideshare taxation rather than forming an entity that won't fundamentally change your tax obligations.

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This is incredibly comprehensive and exactly what I was looking for! As someone new to rideshare driving (just started last month), I was getting overwhelmed by all the conflicting advice about LLCs vs sole proprietorship. Your breakdown makes it crystal clear that I should focus on the fundamentals - proper record keeping and understanding my deduction options - rather than getting caught up in business structure decisions that won't actually improve my tax situation. One quick question: you mentioned choosing between standard mileage vs actual expenses. For a newer driver who's still figuring out the business, would you recommend starting with the standard mileage method since it's simpler, or is it worth the extra effort to track actual expenses from the beginning? I'm driving a 2021 Civic that I also use personally, so the record-keeping aspect is definitely something I need to get organized about.

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Ava Thompson

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For a newer driver with a 2021 Civic, I'd actually recommend calculating both methods for your first year to see which gives you the bigger deduction, then sticking with whichever is more beneficial going forward. The standard mileage method is definitely simpler - you just need to track business miles driven (which you should be doing anyway for IRS compliance). For 2023, that's 65.5ยข per business mile, and it covers gas, maintenance, insurance, depreciation, etc. However, with a newer vehicle like your 2021 Civic, the actual expenses method might give you a larger deduction due to higher depreciation in the early years. You'd need to track all vehicle expenses (gas, oil changes, repairs, insurance, registration, loan interest, depreciation) and then deduct the business percentage. The catch is that once you choose actual expenses for a vehicle, you're generally locked into that method for the life of that vehicle. So it's worth doing the math both ways in your first year to make an informed decision. Keep detailed records either way - business mileage logs are required regardless of which method you choose.

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Kayla Jacobson

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I opened my Tax Court packet after missing the deadline and it was a "Notice of No Jurisdiction" basically saying they couldn't hear my case. So i ended up calling a tax advocate who told me to just pay what i owed then file an amended return asking for a refund. Took like 9 months but i got about half back cuz they agreed with some of my deductions. Persistence pays off!

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William Rivera

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Did you use the official Taxpayer Advocate Service? I've heard they can sometimes help navigate complex situations. How did you contact them?

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Ethan Scott

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I'm really sorry to hear about your situation - missing that Tax Court deadline is incredibly stressful, but you're not completely out of options. First, definitely open that packet from the Tax Court. It's likely a "Notice of No Jurisdiction" as others mentioned, but you need to know for sure what it says. Since you mentioned this involved unreported Robinhood transactions, there's a good chance the IRS made some calculation errors or didn't properly account for your cost basis. Investment income reporting can be really complex, especially with apps like Robinhood where the 1099s don't always tell the full story. Here's what I'd recommend: 1) If you can afford it, pay the assessment and then file for a refund with Form 1040X - this gives you a fresh shot at contesting it, 2) Look into requesting an audit reconsideration if you have documentation the IRS didn't previously consider, 3) Consider the Collection Due Process hearing option which can provide another avenue to dispute the assessment. Also, make sure you have all your Robinhood statements and any documentation showing your actual cost basis for those transactions. The IRS often assumes zero cost basis when they don't have complete information, which can significantly inflate what you actually owe.

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Natasha Volkova

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This is really helpful advice, especially about the cost basis issue with Robinhood. I'm definitely going to check all my statements because I think the IRS might have assumed zero cost basis for some of my transactions. I actually did have purchase records for most of them, but I'm not sure if I included everything when I filed that late petition. Do you know if there's a specific form or way I should organize this documentation when I go through the refund process?

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Dylan Cooper

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Has anyone successfully e-filed with a Form 3115 attachment using TurboTax? I'm getting conflicting info about whether it's possible or if you have to paper file the entire return when using Form 3115.

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Sofia Ramirez

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With TurboTax, you can still e-file your return, but you need to mail in Form 8453 along with a copy of Form 3115 and the supporting statement. The 8453 basically tells the IRS "hey, I e-filed but here are the paper forms that couldn't be transmitted electronically." You still need to separately mail the original Form 3115 to the Covington address.

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Ravi Malhotra

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I went through a similar Form 3115 situation last year for incorrect depreciation on my rental property, and I can confirm you're handling it correctly! The key things that tripped me up initially were the timing and making sure all the pieces fit together properly. Your approach of adding the overclaimed depreciation as miscellaneous expenses is spot on - that's your Section 481(a) adjustment. And yes, overriding TurboTax's depreciation calculation is necessary since you need to use the correct basis going forward. One thing to double-check: make sure your Form 3115 statement clearly shows the calculation of how you arrived at the adjustment amount. The IRS wants to see the math - like original purchase price vs. what was used for depreciation, years affected, and the total overclaimed amount. The $65 refund reduction sounds reasonable for a depreciation correction. That's essentially the tax impact of "catching up" the excess depreciation you claimed in previous years. For the filing process, you're correct about mailing Form 8453 and the 3115 copy with your e-filed return, plus sending the original 3115 to Covington. Just make sure to send the Covington copy no later than when you e-file - I sent mine certified mail the same day I e-filed for peace of mind. The good news is once this is filed, your depreciation will be on the right track going forward. It's always better to correct these things proactively rather than having the IRS catch it later!

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This is really helpful to hear from someone who's been through the same process! I'm a bit nervous about filing Form 3115 for the first time, but your experience gives me confidence. Quick question - when you sent the original to Covington via certified mail, did you get any kind of acknowledgment back from the IRS that they received it? I'm wondering if there's a way to track that it actually made it to the right place, or if you just have to trust that the certified mail receipt is enough proof. Also, did you have any issues with TurboTax accepting your depreciation overrides? I'm worried the software might flag it as an error or something.

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Madeline Blaze

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@2ff2c9d98ae1 Great question about the acknowledgment! The IRS doesn't automatically send back a receipt when they receive your Form 3115 at the Covington address. The certified mail receipt is your proof of delivery. However, if you're really concerned about confirmation, you could use the IRS's Form 3115 status inquiry process a few months after filing, though honestly most people just rely on the certified mail tracking. For TurboTax depreciation overrides, the software will usually accept them without major issues, but it might show a warning message asking if you're sure about the amounts. Just make sure to document why you're overriding (like "Form 3115 depreciation correction") in any notes fields. The key is that your override should result in the correct accumulated depreciation through 2022 minus the overclaimed amount, so the 2023 depreciation starts from the right baseline. One tip: keep really detailed records of all your calculations and copies of everything you mail. If the IRS has questions later, having that paper trail makes everything much smoother!

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I just want to echo what everyone else is saying - your parents' concerns are totally normal, but they're worrying unnecessarily! I'm a tax professional and see this confusion all the time. The simplest way I explain it to clients is this: Think of gift tax like a credit card with a $13+ million limit. The annual exclusion ($18k per person in 2024) is like paying with cash - no tracking needed. Anything above that is like putting it on the "credit card" (lifetime exemption) - you need to report it with Form 709, but you don't actually "pay the bill" (owe gift tax) until you max out that enormous credit limit. For your $200k situation: Your parents could give $72k total with zero paperwork ($18k from each parent to both you and your spouse). The remaining $128k would just need to be reported on Form 709 - no tax owed. One thing that might help convince them: have them look up their state's gift tax rules too. Most states (including the big ones like California, Texas, Florida) don't even have their own gift taxes, so this is purely a federal issue with those generous federal exemptions. The bottom line: unless your parents are secretly millionaires planning to give away over $27 million as a couple during their lifetimes, they'll never pay gift tax on helping with your house!

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Ev Luca

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This credit card analogy is perfect! As someone who just went through this process myself, I can confirm everything you're saying. My parents were in the exact same boat - super worried about gift taxes when they helped us with our down payment. What really helped was when I showed them the actual numbers. Even if they give away $200k this year, they'd still have over $13.4 million left in their lifetime exemption. When you put it that way, it really shows how this is designed for much wealthier people than most of us will ever be! The Form 709 filing ended up being straightforward too. Our tax preparer said it's becoming more and more common as housing prices have gone up and parents are helping with larger down payments. The whole "gift tax crisis" my parents were imagining just never materialized. @Benjamin Johnson - do you find that most of your clients are surprised by how generous the lifetime exemption actually is? It seems like there s'so much misinformation out there about gift taxes.

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Charity Cohan

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I'm dealing with almost the exact same situation right now! My parents want to help with a $185k down payment but they've been reading scary articles online about gift taxes and are convinced they'll owe thousands in penalties. What's been most helpful in our discussions is pointing out that the IRS designed these rules specifically to handle wealthy families transferring millions - not middle-class parents helping their kids buy homes. The $13.61 million lifetime exemption is intentionally huge because it's meant to catch people with serious wealth, not parents contributing to down payments. I've been trying to find simple ways to explain this to them, and honestly the analogies people have shared here (like the credit card example) are so much clearer than anything I found in official IRS publications. Sometimes you need to translate the tax code into everyday language! One thing that helped move the needle with my parents was showing them that even if they give us the full amount this year AND decide to help my sister with her house next year, they'd still only use up maybe 3% of their lifetime exemption. When they realized how much cushion they actually have, it made the whole thing feel much less risky. Has anyone found success with specific IRS resources that are particularly parent-friendly? I'm still working on convincing mine, and having some official documentation that's written in plain English would be really helpful.

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Ben Cooper

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Anyone know how the amortization works for the amounts above $5,000? My startup costs were about $8,200 and organizational were about $2,800. I understand I can deduct $5k of startup costs immediately, but how do I handle amortizing the remaining $3,200?

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Harold Oh

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For your situation, you'd deduct the full $5,000 of your startup costs immediately on your Schedule C. The remaining $3,200 would be amortized over 180 months (15 years), which means you can deduct about $213 per year for the next 15 years ($3,200 รท 180 ร— 12 months for a full year). For your organizational costs, since the total is under $5,000 (at $2,800), you can deduct the entire amount in the first year. Make sure you attach an election statement to your return stating you're electing to amortize startup costs under Section 195 and deduct organizational costs under Section 709 (assuming you're filing as a partnership) or Section 248 (if filing as a corporation).

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Connor O'Reilly

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This is such a helpful thread! I'm in a similar situation with my new single-member LLC and had been stressing about these deductions. One thing I want to add - make sure you keep really detailed records of what you spent and when. I created a spreadsheet categorizing each expense as either startup or organizational from day one, which made tax prep so much easier. Also, for anyone wondering about timing - the IRS considers your business to have "begun" when you start offering goods/services to customers, not when you filed your LLC paperwork. So expenses before that date are typically startup/organizational, while expenses after are regular business deductions. This distinction was crucial for me since I had some overlap expenses right around my launch date. The election statement requirement that @Manny mentioned is super important - I almost forgot to include it and caught it at the last minute. Better to be safe than sorry with the IRS!

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Benjamin Carter

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Great point about the timing distinction! I'm just getting started with my LLC formation and hadn't thought about when exactly the "business began" for tax purposes. When you say "offering goods/services to customers" - does that mean the first sale, or just when you're ready to accept customers? I've set up my website and marketing but haven't made my first sale yet. Want to make sure I'm categorizing my recent expenses correctly between startup costs and regular business expenses.

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