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Just wondering - does anyone know if using TurboTax or another DIY software is reasonable for filing trust returns? My family is in a similar situation and we're trying to save on preparation fees.
Honestly I wouldn't recommend it for trust returns. I tried TurboTax for a simple trust last year and ended up having to hire a professional anyway after messing it up. Trust taxation is super specific and most consumer software doesn't handle all the nuances well. Better to pay for expertise upfront than fix mistakes later.
I've been dealing with trust taxation for several years now, and I'd strongly recommend getting clarity on whether this is actually a grantor trust or a non-grantor trust before making any filing decisions. The fact that it was created when your dad's mom passed away suggests it might be an inherited irrevocable trust, which would typically be a non-grantor trust requiring its own Form 1041 filing. If it IS a grantor trust, then yes, everything flows to your dad's personal return regardless of whether you file a separate informational return. But if it's a non-grantor trust (more likely given the circumstances), then it must file separately and the trust itself pays taxes on retained income. The potential tax savings your dad's preparer mentioned could make more sense in a non-grantor trust scenario, where the trust can deduct administrative expenses against its own income. I'd suggest having the attorney review the trust document to confirm the grantor status before proceeding with any filing strategy.
This is really helpful clarification! I'm starting to think we might have been using the wrong terminology all along. Since this trust was created when my dad's grandmother passed away, it does sound like it could be an inherited irrevocable non-grantor trust rather than a grantor trust. That would explain why the tax preparer thought filing separately might save money - if it's actually supposed to file its own return anyway, then we've been looking at this all wrong from the start. I think the first step is definitely getting the attorney to clarify exactly what type of trust this is before we make any decisions about filing. Thanks for pointing out that distinction - it seems like it could completely change our approach!
Just be aware that the TTS requirements are not explicitly defined in tax code, so it's always somewhat subjective. The courts have established guidelines through various cases, but there's no guaranteed formula. I thought I qualified for TTS with my forex and crypto trading (200+ trades monthly), but still got challenged during an audit. What saved me was having documented my trading strategy, maintaining separate accounts for trading vs investing, and keeping time logs showing I spent 30+ hours weekly on my trading business. For anyone serious about trader status, I highly recommend having a specialized tax professional review your specific situation rather than relying solely on general advice or your own research.
Did you elect Section 475? I heard that's like waving a red flag to the IRS and increases audit risk. Was that part of why you got audited?
As someone who went through the TTS qualification process for crypto futures trading, I wanted to add a few practical points that might help. First, regarding your eligibility question - crypto futures absolutely can qualify for TTS. The IRS focuses on your trading pattern and business intent, not the specific instruments. I've successfully maintained TTS with a mix of crypto futures, forex, and traditional securities. The key is demonstrating substantial, regular, and continuous trading activity. One thing I learned the hard way is that documentation is everything. Beyond just tracking trades, keep detailed records of your research time, market analysis, and trading decisions. I maintain a daily trading journal that shows the business-like nature of my activities. For your friend's funds situation, I'd strongly advise against informal arrangements. Even with good intentions, this could jeopardize your TTS claim and potentially create securities law violations. The IRS might view managing others' money as investment advisory services rather than personal trading, which could disqualify you from trader status. Consider having your friend trade independently using their own accounts while you provide educational content or general market commentary (being careful not to give specific investment advice). This keeps your activities clearly separated and maintains the personal nature of your trading business. Also, don't overlook the self-employment tax implications. While TTS can help with business deductions and Section 475 elections, you may still owe SE tax on your trading profits unless you structure things properly.
This is really helpful advice, especially about the documentation requirements. I'm curious about the self-employment tax aspect you mentioned - I thought one of the main benefits of TTS was avoiding SE tax on trading profits. Could you clarify when SE tax would still apply even with trader status? Also, regarding the daily trading journal, what specific elements do you include beyond just trade records? I want to make sure I'm documenting everything properly from the start.
Just want to add something important: make sure your employer is withholding taxes correctly for both states if needed! My company messed this up last year and I ended up owing a huge amount to one state because they were only withholding for my "home" state. Talk to your payroll department and make sure they understand your situation. You might need to fill out multiple state withholding forms.
This is so important!! I got absolutely wrecked on my taxes last year because my employer only withheld for my home state when I was working remotely from another state for 6 months. Ended up owing $4200 I wasn't expecting. Definitely talk to payroll ASAP!!
This is such a complex area and you're smart to get clarity upfront! One thing I haven't seen mentioned yet is keeping detailed records of your activities and connections in each state. The IRS and state tax authorities look at what's called "domiciliary factors" - things like where you vote, where your bank accounts are, where you have professional licenses, where your family lives, etc. Since you mentioned State B is where your "roots" are and where you plan to return permanently, make sure all these connections stay tied to State B. Don't change your voter registration or driver's license to State A just for convenience. Also, if you end up needing to file in both states, most tax software can handle multi-state returns, but it gets complicated fast. The credit calculations between states can be tricky, especially if one state doesn't give full credit for taxes paid to the other. Document everything - where you sleep each night, work performed in each location, etc. It might seem excessive now, but if you ever get audited, having contemporaneous records is invaluable.
This is excellent advice! I'm dealing with a similar situation right now and hadn't thought about all the domiciliary factors you mentioned. Quick question - what about things like gym memberships, library cards, or church membership? Do those smaller connections matter too, or should I focus mainly on the big ones like voter registration and banking? Also, when you say "document everything," what's the best way to track where you sleep each night? Is a simple calendar note sufficient or do you need something more formal for potential audit purposes?
Has anyone tried requesting penalty abatement for first-time penalties? I heard the IRS has some program for this but don't know if it applies to multiple years of unfiled returns.
Yes! It's called First Time Penalty Abatement. I got approved for it last year after not filing for 2 years (independent contractor). You need to have a clean compliance history for the 3 years before the first year you're requesting abatement for. You file all your returns first, then request the abatement by calling the IRS or submitting a letter. They waived about $1,800 in penalties for me, though I still had to pay the interest.
I was in almost the exact same boat as you about 2 years ago - 4 years of unfiled taxes as a freelance web developer, around the same income range, complete anxiety spiral every tax season. I know how overwhelming this feels, but you CAN get through this. Here's what I wish someone had told me: the IRS is actually pretty reasonable when you voluntarily come forward. I ended up owing about $18,000 total including penalties across all years, but I got on a payment plan for $285/month and they even approved partial penalty abatement later. My biggest mistake was waiting so long because I thought it would be "too complicated" - but once I actually started gathering documents and filing, it wasn't nearly as bad as the anxiety made it seem. Start with whatever records you have, even if they're messy. Bank statements can substitute for missing receipts in many cases. One thing that really helped me was setting up a dedicated workspace just for tax stuff and tackling one year at a time. Don't try to do everything at once or you'll get overwhelmed again. You've already taken the hardest step by deciding to fix this - the rest is just paperwork and patience. You've got this! Future you will thank present you for finally addressing it.
This is so reassuring to hear from someone who actually went through the same situation! The $285/month payment plan sounds way more manageable than I was imagining. Can I ask how long your payment plan is for? And when you mentioned partial penalty abatement - was that something you requested after getting on the payment plan, or did you ask for it upfront when filing everything? I'm definitely going to try your approach of tackling one year at a time. The idea of setting up a dedicated workspace just for this makes so much sense - I keep avoiding it partly because I don't want tax stress contaminating my regular work area where I'm trying to earn money to pay for this mess!
NeonNomad
Don't forget about the SUV loophole if you've got a vehicle between 6,000-14,000 pounds! My Ford Expedition qualified and I was able to write off the entire business portion in year 1 using bonus depreciation with no luxury auto limits.
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Fatima Al-Hashemi
ā¢That's not really a "loophole" - it's an intentional policy to help businesses. But you're right that heavier vehicles like SUVs, vans and trucks over 6,000 GVWR aren't subject to the same limits. Just make sure you actually need that type of vehicle for business though. I've seen people buy massive SUVs just for the tax benefit when a smaller vehicle would have worked fine.
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Clay blendedgen
You're right to be confused - this is one of the most counterintuitive parts of vehicle depreciation! The key thing to understand is that for passenger vehicles under 6,000 pounds, you're subject to "luxury auto limits" regardless of which depreciation method you choose. Here's the reality: taking bonus depreciation doesn't actually increase your TOTAL depreciation over the vehicle's life - it just shifts more of it to year one. With your $42,500 car at 85% business use ($36,125 business basis), you'll eventually depreciate that full amount either way. The trade-off is timing vs. administrative burden. Bonus depreciation gets you about $8,000 more in year one ($19,200 vs $11,200 with regular MACRS), which means more cash flow now. However, you'll be stuck claiming small amounts ($6,460 annually) for potentially 8-10 years to fully depreciate the vehicle. With regular MACRS, you get less upfront but finish depreciating in about 6 years. The "right" choice depends on your cash flow needs, tax bracket stability, and whether you want to deal with tracking depreciation for a decade. Many business owners prefer the simplicity of finishing depreciation sooner, even if it means less immediate tax benefit.
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Zoe Stavros
ā¢This is exactly the kind of clear explanation I needed! So if I'm understanding correctly, the main decision is really about cash flow timing versus administrative simplicity. Given that I'm in my first year of business and could really use the extra cash flow now, it sounds like bonus depreciation might make sense for my situation - even if it means tracking smaller amounts for more years. The $8,000 difference in year one deduction could be significant for getting my real estate business off the ground. One follow-up question though - you mentioned tax bracket stability. If I expect my income (and tax bracket) to be higher in future years, would that change the calculation at all? Would it be better to save some of those deductions for when I'm in a higher bracket?
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