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Something important to consider that nobody has mentioned yet: make sure that loan was actually made with the expectation of repayment. The IRS looks at whether you had a reasonable expectation of being paid back when you made the loan. If they determine you never really expected to get paid back (like if your friend had terrible credit or no income), they might classify it as a gift rather than a loan that went bad. Also, keep in mind that nonbusiness bad debts are treated as short-term capital losses even if the loan was for more than a year. This means you're limited to offsetting capital gains plus up to $3,000 of ordinary income per year. If your loss is bigger than that, you'll carry the remainder forward to future tax years.
Does having a written loan contract automatically prove it wasn't a gift? Or does the IRS look for other evidence too? Like what if the friend never made any payments at all?
A written loan contract is definitely helpful but doesn't automatically prove it wasn't a gift. The IRS looks at the entire situation. They consider factors like: Was there a reasonable expectation of repayment? Did you charge interest? Were there regular payment schedules? Did you make efforts to collect when payments weren't made? If your friend never made any payments at all, that might raise more red flags with the IRS. However, if you can show you took reasonable steps to collect (demand letters, texts/emails requesting payment, etc.), that helps demonstrate you genuinely intended it as a loan. Documentation is key - the more evidence you have showing you treated this as a serious financial transaction, the stronger your case.
I went through almost the identical situation last year with a cousin. Loaned $6,500, got back $2,000, and then nothing despite dozens of texts and calls. I claimed the bad debt deduction and it did work, but here's a tip: document EVERYTHING. I made a simple timeline of all attempts to collect (with screenshots of texts and emails). Also, I did send a certified demand letter as a final step which helped prove I made reasonable collection efforts. The tax software I was using (TurboTax) actually had a specific section for bad debts under capital losses. My refund went through without any issues, but I've heard these deductions can sometimes trigger additional review, so having good documentation ready is important.
Did you have to provide all that documentation when you filed or just keep it in case of an audit? My tax software doesn't seem to have any place to upload proof.
If you have a Traditional or Roth IRA, you can sometimes make tax payments through the same investment firm for free. I use Fidelity and they let me make federal and state estimated tax payments with no fees.
Wait seriously??? I have Fidelity and had no idea they offered this. How do you access this feature?
Don't forget to account for the safe harbor rules when making estimated tax payments! As long as you pay either 100% of last year's tax liability (110% if your AGI was over $150,000) or 90% of your current year's liability, you won't face underpayment penalties even if you end up owing more. This was a lifesaver for me because my income fluctuates a lot month to month as a contractor, so calculating exact quarterly estimates was driving me crazy.
That's really helpful! So if I made $80k last year and paid $12k in taxes, as long as I pay $3k per quarter this year ($12k/4), I won't get hit with penalties even if I end up making more? That makes planning so much easier.
Exactly right! For your situation with $80k income and $12k tax last year, paying $3k per quarter will definitely keep you safe from underpayment penalties, even if your income jumps to $100k or more this year. It's one of the few tax rules that actually makes life easier for freelancers and contractors. Just remember if your income does increase dramatically, you'll still owe the additional tax when you file your return - you just won't have the extra penalty on top of it.
Quick tip about Form 8863 that helped me: keep ALL your receipts for education expenses, not just tuition. Things like required books, supplies, and equipment can count as qualified education expenses even if they don't show up on your 1098-T. For my nursing program, I was able to claim about $1,200 in additional expenses for required clinical supplies that weren't billed through my school. This significantly increased my education credit! Just make sure they're required for enrollment or attendance in your courses.
Wow, that's super helpful! My program requires us to buy specific software that costs like $600 per year and it's not included in the tuition. Does that count too? And do I need to get some kind of proof from my school that it's required?
Yes, required software for your program absolutely counts as a qualified education expense! Since it's required for your coursework, that $600 can be added to your total qualified expenses on Form 8863. For documentation, keep the receipt for the software purchase and ideally something showing it was required - like the course syllabus, program requirements list, or an email from your professor. The IRS doesn't require you to submit this documentation with your return, but you should keep it in case you're ever audited. Having the syllabus or program requirements that specifically mentions the software is the best proof.
I'm late to this thread but wanted to add that the timing of when you claim education credits can make a huge difference financially. If your income is going to change significantly between tax years, you might want to try to bunch your education payments. For example, if you expect to make a lot less money next year, try to defer paying for spring classes until January if possible. Education credits are more valuable in years when your income is lower (but still high enough to have tax liability).
This is a good point! But doesn't the school usually require payment before the semester starts? My university always wants payment in December for spring classes.
I'm a bookkeeper for several small businesses, and I've seen the full spectrum of ERC situations. Some of my clients qualified legitimately (significant revenue drops in 2020-2021), while others were talked into applying by these aggressive ERC firms despite clearly not meeting the criteria. The most important thing to understand is that the IRS isn't stopping ERC processing to reject everyone - they're implementing better fraud detection. If you legitimately qualified and have proper documentation, you'll likely be fine even with the increased scrutiny. Red flags I've seen in problematic claims: - Claiming qualification despite stable or increased revenue - Stretching "partial suspension" to include minor operational changes - No documentation connecting government orders to specific business impacts - Using ERC mills that take percentage-based fees - Claims that seem copy-pasted rather than specific to your business
What exactly counts as "significant revenue drops"? Our ERC provider said we qualified because we had a 17% drop in one quarter of 2020 compared to 2019. Is that enough or did we get bad advice?
For 2020, businesses needed to show at least a 50% reduction in quarterly gross receipts compared to the same quarter in 2019 to qualify under the revenue decline test. For 2021, that threshold was lowered to a 20% reduction. If you were told you qualified with only a 17% reduction in 2020, that's definitely incorrect for the revenue decline test. You may still have qualified under the suspension of operations test if government orders significantly limited your business, but the revenue test would not apply at 17% for 2020. This is exactly the kind of misrepresentation the IRS is currently targeting.
Has anyone tried reaching out to their ERC provider to get clarification on their qualification? I've been calling mine for three weeks with no response. Their website is now "under maintenance" and their office line goes straight to voicemail. I'm starting to think they've disappeared completely now that the IRS is cracking down. We paid them $12,000 upfront (they promised it was "safer" than percentage-based fees) and now I'm worried they just took our money knowing we wouldn't qualify.
Unfortunately this is becoming common. Several of these ERC mills have vanished overnight as scrutiny increases. You might want to file a complaint with the FTC and your state attorney general's office. If they've truly disappeared, you could be dealing with a complete scam rather than just aggressive tax advice.
Amelia Cartwright
One thing nobody mentioned yet - you should also check if any of these artists are in countries with tax treaties with the US. Some countries have specific rules about how commissions are handled. For example, I work with artists in Canada and there's different documentation requirements than for artists in, say, Brazil.
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Aurora Lacasse
ā¢That's a good point! Do you know if there's a resource where I can look up which countries have tax treaties with the US? Most of my artists are from Japan, South Korea, and a few from the UK.
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Amelia Cartwright
ā¢The IRS has a complete list of tax treaties on their website. Japan, South Korea, and the UK all have tax treaties with the US, which is good news for you! For these countries, you still need the W-8BEN, but the artists might qualify for reduced withholding rates or exemptions depending on the specific treaty. This is another reason to make sure you get those forms completed properly - they allow the artists to claim treaty benefits if applicable.
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Chris King
I messed up this exact situation last year and got hit with a CP2000 notice. Make SURE you keep proof of payments and all communications with these artists. The IRS flagged my contractor payments because I couldn't prove some were to foreign individuals. Even if you can't get W-8BENs from everyone, save emails, payment receipts, anything showing they're international.
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Rachel Clark
ā¢What happened with the CP2000? Did you have to pay penalties or just provide the documentation after the fact?
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