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Based on my experience as a bookkeeper for several small businesses, I'd recommend getting a CPA first who specializes in IRS representation, then only escalate to a tax attorney if necessary. A good CPA will cost you $150-300/hour versus $350-600/hour for a tax attorney. The key here is going to be documentation. You'll need to prove: 1) The money was business income, not personal 2) The business properly reported the income on its tax return 3) You did not personally benefit from the income Gather all bank statements showing where the money was deposited, business records showing the sales were business transactions, and documentation of how the funds were used for business purposes.
Does this change if it's a sole proprietorship though? Since the business income passes through to the business owner's personal return anyway? I'm confused about how this works since technically the money would be taxed on someone's personal return either way.
Great question about sole proprietorships. You're right that the income ultimately flows to someone's personal return, but it matters WHO reports it. The income should flow through the Schedule C of the actual business owner (father-in-law), not OP. Even though it's all "personal income" eventually, the proper reporting chain matters. If reported incorrectly as OP's income, they're being taxed on money they never received or controlled. Plus, the father-in-law's business isn't showing its true income, which creates problems for both parties. The key is getting the income attributed to the correct taxpayer, even if both are individuals in the eyes of the IRS.
Has anyone dealt with the IRS Taxpayer Advocate Service for something like this? I've heard they can sometimes help when there's a clear documentation issue causing financial hardship. Would they be helpful in this case or is it better to go straight to a tax pro?
The Taxpayer Advocate Service can be amazing but they're extremely backlogged right now. I applied for help in January and didn't hear back until April. They're prioritizing cases with immediate hardship (like impending house foreclosure or can't afford medications). Based on what OP described, they might qualify if the tax bill is causing severe financial hardship, but I'd pursue multiple paths simultaneously rather than waiting on TAS.
I'm going through this right now too! My accountant says this might be happening because the IRS has been struggling with processing backlogs and sometimes their automated systems default to issuing refunds when they get too backed up. I took a slightly different approach - I cashed the check (needed the money temporarily) and then just made my Q1 estimated payment through Direct Pay on the IRS website. I included a detailed explanation in the notes field. My accountant said this creates a clear paper trail and since I have my original return showing I requested application to estimated tax, I should be fine if they ever question the "late" payment. The key is documentation - keep EVERYTHING.
Did you have to pay any penalties for making the estimated payment after the deadline? I'm in the same boat and worried about that.
I haven't received any penalty notices yet. My accountant explained that the penalties for estimated tax payments are calculated annually when you file your next return, not immediately. Since I have documentation showing I requested the proper application on my original return, we plan to request penalty abatement if any penalties show up on next year's return. The penalty would be pretty small anyway - it's calculated based on the underpayment amount, the period it was underpaid, and a relatively low interest rate. For my amount, we calculated it would be less than $30 even if they did charge it.
Has anyone considered that this might actually be intentional by the IRS? By sending refunds instead of applying them as requested, they create situations where people either have to scramble to make estimated payments or potentially face penalties later. Just saying...
That's a pretty cynical take. Having worked in tax preparation for years, I'm confident this is just a processing error. The IRS systems are outdated and understaffed. Never attribute to malice what can be adequately explained by bureaucratic inefficiency.
One thing nobody's mentioned yet - depending on what type of lending you're planning to do, you might want to consider creating a new LLC anyway for liability purposes. When I moved from consulting to investing activities, my attorney suggested keeping them separate because the risk profiles are so different. With lending especially, if someone defaults and things get messy, you don't want that liability potentially affecting assets in your original business. The cost of forming a new LLC is pretty minimal compared to the protection it provides.
I've heard conflicting advice about this. Wouldn't having multiple LLCs mean multiple annual fees, multiple tax filings, etc? Is it really worth the hassle just to separate different types of business activities?
It does mean additional annual fees and separate tax filings, but those costs need to be weighed against your risk exposure. For lending activities specifically, the risks can be significant. If a loan goes bad and there's litigation, having that activity in a separate LLC helps shield your other assets and business ventures. The administrative overhead is something to consider, but most accounting software makes it fairly manageable to maintain separate books. Many states have reasonable annual LLC fees (though some like California are expensive). I've found the peace of mind worth the extra few hundred dollars annually. It's especially important if one activity is high-risk (like lending) while the other is relatively safe.
Has anyone had experience with changing their LLC's business activity in Texas specifically? I've heard we're more relaxed about this stuff, but I'm not sure if there are any Texas-specific forms I need to file.
Texas is indeed pretty business-friendly. I changed my LLC from retail to consulting last year. You don't need to file any amendment with the Secretary of State unless you're changing the actual name of your LLC. The business purpose statement on Texas LLC forms is usually broad enough to cover almost any legal business activity.
Don't ignore this notice! I made that mistake thinking my amended return would "catch up" eventually. Ended up with a tax lien and it was a nightmare to fix. Even if you've already addressed the issue, you need to respond to this specific notice in writing. Make sure your response includes: 1) Your explanation about the investment transfer 2) Copies of both 1099s (old and new brokerage) 3) A copy of your amended return with proof of filing 4) Proof of the $4k payment you already made Send everything certified mail so you have proof of delivery. Also call the number on the notice and request a temporary collection hold while they review your documentation.
Thank you for this advice - you're right that I should respond directly to this notice rather than assuming they'll eventually process the amendment. Did you have to get tax transcripts to resolve your situation? Someone else mentioned those and I'm not sure if I need them.
Yes, tax transcripts were really helpful in my case. They show exactly what the IRS has in their system versus what you filed. You can request them online through the IRS website or have your accountant get them. The transcript will show if your amended return is in their system and whether your $4k payment was properly applied. The other thing to consider is requesting a formal appeal or audit reconsideration. This creates a separate track for resolving your case rather than just waiting for the amendment to be processed, which can take forever. Your accountant should be familiar with this process. The key is to be proactive rather than reactive - don't just wait for the IRS to figure it out.
One thing nobody's mentioned - make sure all your cost basis information transferred correctly when you switched brokerages. Sometimes the receiving brokerage doesn't get that data properly, which means the IRS only sees the gross proceeds from sales and assumes your entire proceeds are taxable gain. I had exactly this issue after switching from Vanguard to Fidelity. The 1099 looked normal to me, but when I looked closer, some of my long-held positions showed zero cost basis. Had to contact Fidelity to get them to correct the information they'd sent to the IRS.
This is excellent advice. I'm a tax preparer and see this issue multiple times every tax season. The IRS computers just match document numbers, so if the cost basis isn't properly reported, they'll tax the entire proceeds as gain.
Raul Neal
One thing nobody's mentioned yet is that different types of mutual fund distributions are taxed differently. Qualified dividends are taxed at the lower capital gains rate (0%, 15%, or 20% depending on your income), while non-qualified dividends are taxed as ordinary income. Also, short-term capital gains distributions (from assets held less than a year by the fund) are taxed as ordinary income, while long-term distributions get the lower capital gains rate. This is why some tax-efficient funds (like index funds) tend to generate lower tax bills than actively managed funds that do a lot of trading.
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Jenna Sloan
ā¢How can you tell which distributions are qualified vs non-qualified? My 1099-DIV has all these different boxes and I'm never sure what they mean.
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Raul Neal
ā¢On your 1099-DIV, qualified dividends will be in Box 1b, while Box 1a shows total ordinary dividends (which includes both qualified and non-qualified). The difference between Box 1a and 1b would be your non-qualified dividends. Capital gain distributions will be in Box 2a. These are the fund's long-term capital gains that get the preferential tax rate. If the fund had to distribute short-term capital gains, those would actually be included in Box 1a as ordinary dividends, not in the capital gains box, which is why it can get confusing!
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Christian Burns
Does anyone use TurboTax for handling mutual fund taxes? I've heard mixed things about how well it handles cost basis adjustments.
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Sasha Reese
ā¢I've used TurboTax for years with my mutual funds. It works OK if your brokerage provides good 1099s with detailed cost basis info. You can import directly from most major brokerages which helps avoid mistakes. But for older funds where you've been reinvesting for 10+ years, sometimes you need to manually adjust things, which can get complicated in TurboTax.
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