


Ask the community...
One approach I've used with stubborn clients is to put everything in writing. Send an email clearly stating that you've advised them of their legal obligation to file, including citations to specific IRS publications, and that they're choosing to ignore professional advice. Make it clear you won't be associated with the decision not to file. This does two things: 1) Sometimes seeing it in formal writing makes it "real" for them, and 2) It protects you if they ever try to claim you advised them not to file.
Wouldn't sending an email like that basically guarantee you'll lose the client though? It sounds so confrontational. Is there a gentler way to document this while still maintaining the relationship?
It doesn't have to be confrontational at all. I frame it as a summary of our discussion and my recommendations. Something like: "As we discussed, based on your business income of $43,000, IRS Publication XXX indicates you're required to file Schedule C and pay self-employment taxes. I understand you're considering not filing based on advice from a friend, but I wanted to document my professional recommendation to ensure you have accurate information for your decision." Most clients actually appreciate the clarity, and it often leads them to reconsider rather than lose the relationship. If they do choose to leave over this, they were likely going to be a professional liability anyway.
My previous accountant didn't file my self-employment taxes for the first year of my business because of this exact myth. Fast forward 3 years, and I got hit with a CP2000 notice, penalties, and interest that totaled almost $12,000. The IRS knew about my income because my clients had filed 1099s. Tell your client that the IRS's computer systems automatically match 1099s with tax returns, and discrepancies get flagged. If her customers or payment processors are issuing 1099s (which they legally must do for payments over $600), the IRS WILL know about her income.
Don't forget to check if your mom qualifies for the "primary residence" exclusion too. My father had mortgage debt cancelled and it turned out he qualified for an exclusion because it was on his primary residence. Completely different form than the insolvency one. Also, if any of those credit card debts were used for business purposes, there might be other exclusions that apply. The rules around 1099-C are really complex - definitely not something I'd try to DIY especially for an elderly parent.
Thanks for mentioning this! The debt was all from personal credit cards though, no mortgage debt or business expenses involved. It was mostly medical bills and some everyday expenses that piled up after her retirement savings took a hit. Do you know if there's any exemption specifically for medical debt that was cancelled? That makes up about half of the total amount.
Unfortunately, there's no specific exclusion just for cancelled medical debt. It's treated like any other cancelled consumer debt on a 1099-C. However, this is where checking for insolvency becomes really important. If your mom's total debts (including the medical and credit card debts before cancellation, plus any other debts she still has) exceeded her total assets immediately before the cancellation, she would qualify for at least partial exclusion under the insolvency rule. Given her age and financial situation, there's a good chance she'll qualify, but you'll need to document all assets and liabilities carefully. Form 982 is what you'll need to file along with her tax return to claim the exclusion.
Something important nobody's mentioned yet - if your mom normally doesn't file taxes because she's only on Social Security, you need to check if this 1099-C income will push her over the filing threshold. For 2023 taxes (filing in 2024), the threshold for a single filer over 65 is $14,700. So if her Social Security is her only income, and it's not taxable, you'd need to compare that $6,700 in cancelled debt to the $14,700 threshold. If it's under, she might not even need to file a return. But definitely double-check this with a tax professional, because there are different rules depending on her exact filing status and other factors. The last thing you want is an unexpected notice from the IRS later.
The filing threshold thing is a good point but I think they've changed some rules recently. My mom got a 1099-C last year and we didn't file because her total income was under the threshold, but then she got a notice from the IRS a few months later saying she should have filed. Better safe than sorry.
Something else to consider that nobody's mentioned - if you have investments in your home country, filing as a resident alien might subject you to complicated PFIC (Passive Foreign Investment Company) rules if you own foreign mutual funds. The tax and reporting requirements are BRUTAL - we're talking potential tax rates up to 50%+ and super complex form 8621 filings. I had to restructure my entire investment portfolio after learning about this. Just something to be aware of if you have investment accounts back home.
This is exactly the kind of hidden issue I was worried about! Does anyone know if there are similar traps for retirement accounts in your home country? I have something similar to a 401k back in my country.
For retirement accounts, it depends on the country and whether there's a tax treaty that provides specific provisions for retirement accounts. Some countries have treaties that allow certain foreign retirement accounts to maintain tax-deferred status in the US, similar to how a 401k works. For example, the US-UK tax treaty recognizes certain UK pension schemes. Without a treaty, your foreign retirement account might be treated as a regular investment account or possibly even as a PFIC or foreign trust, which comes with complex reporting. I'd recommend checking if there's a tax treaty between the US and your home country with provisions for retirement accounts.
There's also the substantial presence test to consider. If you're claiming the closer connection exception, make sure you're actually eligible for it. You have to be in the US less than 183 days in the current year AND maintain a tax home in a foreign country AND have a closer connection to that foreign country. I thought I qualified last year but miscounted my days (didn't realize day of entry AND exit both count as US days) and ended up having to amend my return which was a huge headache.
The day counting rules are so confusing! Do business trips count the same as vacation days? And what about if you're just connecting through a US airport on the way somewhere else?
Business trips and vacation days both count the same for the substantial presence test - any day you're physically present in the US counts as a day (with some rare exceptions like if you're unable to leave due to a medical condition that developed while in the US). For airport connections, if you're just transiting through the US and don't actually go through immigration and enter the country (staying in the international transit area), then those days don't count. But if you do go through US immigration even just for a connecting flight, that day counts as a US day for the substantial presence test.
I work in real estate and deal with tax liens regularly. One option nobody's mentioned is asking your title company if they can facilitate a partial release through escrow. Many title companies have relationships with the IRS and can handle this as part of closing. Essentially, they'll work with the IRS to agree that a specific amount of the proceeds will go directly to satisfy the tax debt, and the remainder can go to you. This is sometimes easier than trying to get the discharge yourself, as the title company does this routinely. Ask your realtor to connect you with their preferred title company and specifically ask if they have experience with IRS lien releases. Not all do, but the larger companies usually have a specialist.
Our title company refused to handle this when we had a lien. They required a full release before closing. Maybe it varies by state or company?
One thing to watch out for - make sure you're addressing BOTH your federal and state tax liens. People often focus on the IRS lien and forget that the state lien needs separate handling. Each state has different procedures for releasing their liens. I learned this the hard way when my closing was delayed because we'd handled the federal lien but overlooked the state lien process. In my case (California), the state actually required full payment before they'd release anything, while the IRS was more flexible. You might need to contact your state tax agency directly to find out their specific requirements for releasing a lien for a property sale.
Clay blendedgen
Here's a useful tip I learned when dealing with Roth conversions: you should always get a statement from your 401k plan administrator before doing a mega backdoor Roth that clearly shows your after-tax contributions separate from earnings. Makes this whole process so much easier. If anyone's wondering, the reason the 1099-R shows "taxable amount not determined" is because the IRA custodian has no way of knowing your basis in the original 401k. They're essentially telling the IRS "we don't know what portion of this was already taxed.
0 coins
Ayla Kumar
ā¢What if my plan administrator doesn't provide that kind of detailed statement? My quarterly statements don't clearly separate the after-tax contributions from the growth. Is there another way to figure out my basis?
0 coins
Clay blendedgen
ā¢You can request a specialized basis statement from your 401k administrator - most have a specific form for this purpose. If they truly can't provide it (which would be unusual), you can reconstruct your basis by adding up all the after-tax contributions from your pay stubs or by looking at your W-2s. Box 12 of your W-2s won't include after-tax contributions (only pre-tax), so the difference between your total contributions and what's reported in Box 12 can help establish your after-tax amount. I'd also recommend calling the administrator directly. Sometimes the regular customer service reps don't know about these specialized reports, but if you ask specifically for a "basis statement" or "after-tax contribution history," they'll direct you to the right department.
0 coins
Lorenzo McCormick
Anybody else think it's ridiculous that we have to jump through all these hoops just to correctly report something the IRS and financial institutions should be tracking properly? If I'm missing a field or form, I get penalized, but they can just stamp "taxable amount not determined" and make it our problem š
0 coins
Carmella Popescu
ā¢100% agree!! I spent like 6 hours trying to figure this out for my mega backdoor last year. And then my tax software wanted to charge me an extra $50 just to unlock the forms I needed to do it right. The whole system is designed to make us mess up so they can collect penalties.
0 coins