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Ask the community...

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ThunderBolt7

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The audit risk stuff is important but don't overlook making sure you handle the business closure properly! When I closed my little consulting business last year, I had to: 1. File final employment tax returns (if you had employees) 2. Issue final W2s/1099s 3. Cancel EIN 4. Close business tax accounts with state 5. Report sale/disposal of business assets 6. Maintain records for at least 7 years Did TurboTax walk you through all these steps?

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Not who you asked, but TurboTax didn't cover all those steps for me when I closed my business last year. I had to figure out most of the state-specific stuff on my own. Their business dissolution section is pretty basic.

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Zara Perez

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I completely understand your anxiety about this situation! I went through something very similar with my small photography business that had losses for 3 years before I closed it. Here's what helped put my mind at ease: the IRS audit statistics show that Schedule C businesses with gross receipts under $100k have an audit rate of less than 1%. With your highest year being $47k, you're well below that threshold. The key thing about the hobby loss rule is that it's not just about the 3-out-of-5-year test - the IRS looks at nine factors including whether you operated in a businesslike manner, kept good records, and made changes to improve profitability. Since you mentioned you were legitimately trying to run a business and made the rational decision to close when it wasn't working, that actually supports your case. Keep all your documentation organized (receipts, bank statements, inventory records, any business correspondence) just in case, but honestly, your situation sounds very low-risk. The IRS is generally more concerned with larger operations or obvious red flags like claiming massive losses on minimal income.

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This is really reassuring to hear from someone who went through the same thing! I've been losing sleep over this whole situation. Did you ever get any follow-up from the IRS after closing your photography business, or did everything just go smoothly? Also, when you say "keep documentation organized," how long should I realistically expect to hold onto everything? I know you mentioned 7 years in general, but is that really necessary for a small business that's already closed?

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Based on my experience with CA state refunds, 5 business days for a paper check isn't unusual yet. I received mine about 8 business days after the "issued" status last year. The FTB typically batches their check mailings, so there can be a delay between when they mark it as issued and when it actually gets to the post office. Since you're using this for investment planning, you might want to factor in up to 10 business days total from the issued date. If it doesn't arrive by next week, that's when I'd consider calling them directly.

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Liam Duke

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This is really helpful perspective! I'm new to tracking CA refunds and wasn't sure if 5 days was normal or if I should be concerned. The batching explanation makes a lot of sense - I didn't realize they don't mail immediately after marking as "issued." Since I'm also planning to use this for investments, the 10 business day timeline helps me adjust my expectations. Thanks for sharing your experience!

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I can share some recent data points that might help with your tracking. I filed my CA return in February and received my refund check exactly 9 business days after the "issued" status appeared on the FTB website. What I learned from calling the FTB is that there's often a 2-3 day gap between when they mark it as "issued" and when it actually gets sent to their mailing contractor. So your 5 days might actually be more like 2-3 days in transit. Given that you're planning investments around this, I'd suggest waiting until day 10-12 before getting concerned. The good news is that CA refunds are generally very reliable once they hit "issued" status - just slower than we'd like!

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This is exactly the kind of detailed timeline I was hoping to find! The 2-3 day gap between "issued" status and actual mailing makes so much sense - I hadn't considered there might be a mailing contractor involved. Your 9 business day timeline gives me a much better framework for my investment planning. I'll wait until day 10-12 before calling as you suggest. Really appreciate you sharing the specifics from your FTB call - that inside knowledge about their process is super valuable for understanding what "issued" actually means! šŸ“Š

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Xan Dae

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Just to add another perspective - I went through something similar when my parents helped me with living expenses during graduate school. One thing that really helped me was keeping simple records of these transfers, even though you don't need to report them as the recipient. I created a basic spreadsheet showing the dates, amounts, and noted they were "family support/gifts" in case I ever needed to explain them later. It's probably overkill, but having that documentation gave me peace of mind, especially since some of the amounts were substantial. The IRS rarely questions legitimate family gifts, but if they ever did, having a clear record showing these were regular support payments from your dad (not income from work or anything else) would be helpful. Plus it makes it easy to track that you're staying under the annual gift limits each year. Don't stress too much about it though - based on everything you've described, these are clearly gifts and you're handling everything correctly by not reporting them as income!

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Mei Wong

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That's really smart advice about keeping records! I never thought about documenting family transfers like that, but it makes total sense. Even though we don't have to report gifts as recipients, having that paper trail could save so much headache if questions ever came up later. I'm definitely going to start doing this going forward - seems like such a simple way to protect yourself. Thanks for the practical tip!

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One thing I haven't seen mentioned yet is to make sure your dad understands the gift tax rules too, especially if he's helping multiple family members. The $18,000 annual exclusion is per recipient, so he can give $18,000 to you AND $18,000 to a sibling or other family member in the same year without any reporting requirements. Also, if your parents are married, they can each give you $18,000 annually (so $36,000 total per year) even if the money is coming from a joint account or just one parent's account. This is called "gift splitting" and just requires them to agree to it - no special paperwork needed unless they exceed the individual limits. Just wanted to add this in case it helps with future planning! Sounds like you're handling everything correctly though. Family support during school is one of the most common and straightforward gift situations.

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This is such helpful info about gift splitting! I had no idea that married parents could effectively give $36k per year to one child without any reporting. That's a game-changer for families with multiple kids in college or other situations where parents are providing substantial support. One follow-up question - does this gift splitting thing work automatically, or do the parents need to file some kind of form with the IRS to make it official? And what happens if they accidentally exceed the individual limit but are still under the combined $36k limit - can they retroactively elect gift splitting for that year?

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Olivia Kay

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Quick question for anyone who's dealt with this before - does the Kiddie Tax apply differently to different types of unearned income? The LLC sale in the original post is a capital gain, but would it be treated differently if it was dividend or interest income instead?

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The Kiddie Tax applies to all types of unearned income above the annual threshold, but there can be differences in how specific types of income are treated initially. Capital gains (like from the LLC sale) are generally taxed at preferential rates before the Kiddie Tax applies. So first the preferential capital gains rates would apply, then the Kiddie Tax calculations would determine if additional tax is owed based on the guardian's rates. Interest and dividend income are initially taxed as ordinary income, then subject to Kiddie Tax adjustments. The first $1,250 (for 2023) of unearned income is typically exempt from Kiddie Tax, the next $1,250 is taxed at the child's rate, and anything above $2,500 is what gets taxed at the guardian's rate.

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Ava Martinez

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I've been through a similar situation with my nephew after his parents died in a car accident. The process can feel overwhelming, but you're on the right track asking these questions. One thing I learned that might help - make sure you have all the proper legal guardianship documentation ready when you file. The IRS may ask for proof of your guardianship status, especially with such a substantial amount of unearned income involved. Also, with $67K in capital gains, you might want to consider whether any estimated tax payments should have been made throughout the year. The Kiddie Tax can create a significant tax liability that might trigger underpayment penalties if not addressed properly. Have you consulted with a tax professional who specializes in guardianship situations? Given the complexity and the dollar amounts involved, it might be worth the investment to ensure everything is handled correctly. The cost of professional help could save you from potential issues down the road.

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This is really helpful advice about having the guardianship documentation ready. I'm actually dealing with a somewhat similar situation with my stepson - his biological father has been out of the picture for years, and we're trying to figure out the tax implications of some inheritance money he received. The point about estimated tax payments is especially important. With that much in capital gains, the tax bill could be substantial depending on your income level as guardians. It might be worth running some quick calculations to see if quarterly payments should have been made to avoid penalties. @8685dfd8712b Do you remember what specific documentation the IRS requested when you dealt with your nephew's situation? I want to make sure we're prepared with the right paperwork.

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Don't forget that the American Opportunity Credit has an income phase-out! If your modified adjusted gross income is between $80,000-$90,000 (single) or $160,000-$180,000 (married filing jointly), the credit starts to phase out. After $90k/$180k you can't claim it at all. Lifetime Learning also has phase-outs but at different thresholds. Worth checking if you're near those income levels since it might affect your strategy.

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Are those phase-out numbers for 2024 filings? I thought they changed with inflation each year?

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Serene Snow

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Yes, those are the 2024 tax year thresholds for the AOC phase-out. You're absolutely right that they adjust for inflation annually. For 2024, the AOC phases out between $80,000-$90,000 for single filers and $160,000-$180,000 for married filing jointly. The Lifetime Learning Credit has the same phase-out ranges for 2024. It's worth noting that these thresholds have been gradually increasing over the years - they were lower in previous tax years. Always good to double-check the current year's numbers since planning your education credit strategy over multiple years means you might hit different phase-out thresholds as your income changes.

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Amina Sy

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This is a great discussion! One thing I'd add is to also consider timing your tuition payments strategically. Since education credits are based on when you actually pay the expenses (not when they're due), you might want to pay some spring semester costs in December vs January to optimize which tax year gets the benefit. Also, don't overlook textbooks and required course materials - these qualify for the American Opportunity Credit but NOT for the Lifetime Learning Credit. So when you switch to AOC in later years, make sure you're tracking those expenses too since they can add up to several hundred dollars per semester. And regarding the 529/credit coordination that others mentioned - one strategy is to use 529 funds for room and board (which don't qualify for education credits anyway) and pay tuition/fees out of pocket so you can claim the credits. Just make sure the 529 withdrawal amount doesn't exceed total qualified education expenses for the year or you'll owe taxes and penalties on the excess.

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