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I think one clear line is disclosure. Tax strategy means organizing your affairs in a tax-efficient way but FULLY DISCLOSING everything required. Fraud always involves hiding something. For example, I run a consulting business and have clients in multiple states. I could set up my business headquarters in a low-tax state - that's strategy. But if I claim that's my headquarters while actually operating entirely from a high-tax state, that's fraud because I'm misrepresenting the facts. The IRS actually respects legitimate tax planning. They expect you to take advantage of deductions and credits you're entitled to. What they don't tolerate is misrepresentation or concealment.
What about aggressive interpretations of gray areas though? Like if the law isn't super clear about something and you take a position that benefits you tax-wise, but there's a decent chance the IRS would disagree?
That's where the concept of "substantial authority" comes into play. If you're taking a position in a gray area, the question becomes whether you have a reasonable basis for your interpretation. Tax professionals typically look for about a 40% chance of prevailing if challenged to consider there being "substantial authority" for a position. If you're taking an aggressive but supportable position, the key is proper disclosure. By filling out Form 8275 (Disclosure Statement) with your return, you're telling the IRS "here's my position on this gray area" rather than hoping they don't notice. This disclosure protects you from accuracy-related penalties even if the IRS ultimately disagrees with your interpretation. It separates aggressive-but-legitimate planning from attempting to hide something.
Does anyone know if the IRS has like an official definition of what counts as tax fraud vs legitimate planning? I'm trying to decide if I should report some side income that was paid in cash...
Not reporting cash income is pretty clearly fraud, not strategy. The IRS definition of fraud includes "intentional wrongdoing with the specific intent to evade a tax known to be due." If you received income, it's taxable regardless of payment method. Pretty much any tax professional would tell you that deliberately not reporting income crosses the line from strategy into fraud. Legitimate strategy would be looking at whether that income qualifies for any deductions or credits, or considering ways to offset it with business expenses if it's self-employment income.
My accountant tried to charge me $1500 extra for crypto this year too! I ended up using CoinTracker to generate my own 8949 and then just gave my accountant the final numbers for Schedule D. Cut my bill by like 60%. One thing to watch for - make sure whatever software you use calculates your gains using the same method your accountant has been using (FIFO, LIFO, etc). Switching methods midway can cause issues.
That's exactly what I'm worried about! Did your accountant give you any pushback when you showed up with your own 8949 already done? And did you tell them ahead of time or just show up with the completed forms?
My accountant was actually relieved when I showed up with the 8949 already completed. I did let her know ahead of time that I was going to handle the crypto portion myself so she wouldn't duplicate the work. She initially was concerned about the accuracy but after reviewing what I provided, she was comfortable using it. We confirmed I was using FIFO (First In, First Out) which is what she had been using all along. The key was making sure I gave her not just the summary figures but the detailed transaction listing so she could verify the work if needed. She ended up charging me her standard rate for the rest of my return without the crypto upcharge.
Has anyone tried just creating a separate LLC for crypto trading activities and filing that on its own tax return? I've heard some people doing this to keep the crypto complexity separate from their personal taxes.
That's actually a terrible idea for most people. Creating an LLC doesn't change how crypto is taxed - it's reported as pass-through income on your personal return anyway unless you elect corporate taxation. Plus you'd have all the extra compliance costs of maintaining a business entity, separate accounts, etc. Would likely cost MORE in the long run.
I'm a payroll manager at a restaurant, and I see this problem all the time with our servers. Here's what's probably happening: your employer is correctly withholding the 6.2% Social Security tax on both your regular wages and tips (which is right), but they might not be adjusting your federal income tax withholding to account for your total income. The problem is that many payroll systems treat reported tips as a separate category for withholding purposes. They withhold the required FICA taxes (Social Security and Medicare) but don't automatically adjust the income tax withholding calculation. Ask your employer specifically how they're calculating your federal income tax withholding. They should be projecting your annual income based on both regular wages AND tips, then calculating withholding from that total.
That makes so much sense! So basically, the system might be treating my regular wages as my only income for calculating how much federal tax to take out, but then when I file my taxes, I have to report all the tip income too? If that's right, I'll definitely talk to our payroll person tomorrow. Is there specific wording I should use when I ask them about this?
You've got it exactly right. The system is likely withholding federal income tax as if your regular wages were your only income, but then at tax time, all those tips get added to your total income, pushing you into a higher tax bracket than what was used for your withholding calculations. When you talk to your payroll person, ask them: "Can you please confirm if my federal income tax withholding is being calculated based on my projected annual income including both my hourly wages AND reported tips?" If they say no or seem unsure, you can request that they "please adjust my withholding calculation to account for my total compensation including tips, not just my base wages.
Has anyone tried just asking for a specific additional dollar amount to be withheld instead of trying to fix the underlying calculation? I had the same problem and just put $25 extra per paycheck on line 4(c) of my W-4. Ended up with a small refund instead of owing. Seemed easier than trying to get payroll to understand the proper way to calculate server withholding.
This sounds like a nightmare! I'd be furious. One thing to add to what others have said - if your CPA won't give back your documents, you can get tax transcripts directly from the IRS that show most of the information from your W-2s, 1099s, etc. Go to irs.gov and search for "Get Transcript" - you can view and download them online if you create an account, or request them by mail. This might help you file on your own or with another preparer without having to wait for your documents back.
Thank you for this tip! I didn't know about the transcript option. Would this show whether our CPA filed an extension for us? That's our biggest concern right now since the deadline has passed.
Yes, your tax transcript would show if an extension was filed on your behalf. When you access your transcript, look for a transaction code 460, which indicates an extension was filed. It should appear with the current tax year date. It will also show if a return was filed (transaction code 150) or if any payments were made. The transcript is basically a complete record of all transactions with the IRS for your tax account, so it's super helpful in situations like yours when you're in the dark about what actions were taken.
Report her to your state's CPA board immediately! This is completely unethical. I went through something similar last year and wish I had reported my CPA sooner. You should also file IRS Form 14157 (Complaint: Tax Return Preparer) to report this to the IRS. The form is available on irs.gov. As for your documents, in most states it's illegal for her to withhold your original documents. You might need to threaten legal action to get them back.
Kristian Bishop
Your employer is only withholding based on what you report on your W-4 and your salary at THAT job. The withholding system isn't perfect. A few things to check: 1. Do you have multiple jobs? That can mess up withholding. 2. Any investment income or interest from bank accounts? 3. Did you get any bonuses that were withheld at the flat 22% rate? The good news is owing $318 isn't a big deal at all. The IRS only cares if you owe more than $1,000 AND haven't paid at least 90% of your tax liability through withholding.
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Aaron Boston
ā¢Thanks for the tips! You know, I did receive a year-end bonus of around $2,000 that was taxed differently than my regular paychecks. Could that be part of the issue? Also, I have a high-yield savings account that earned about $800 in interest last year.
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Kristian Bishop
ā¢Yes, both of those things definitely contributed to your situation! Bonuses are typically withheld at a flat 22% supplemental rate, which might not be enough if you're in a higher tax bracket. And the $800 in interest income has no withholding at all, so you'll owe taxes on that amount when you file. For next year, you have two options to avoid owing: increase your regular withholding by submitting a new W-4 with additional withholding on line 4(c), or make estimated quarterly tax payments for your interest income. For someone in your situation, adding about $30-40 in additional withholding per paycheck would likely cover these extra income sources.
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Kaitlyn Otto
Owing just over $300 is honestly not bad! I'm a payroll specialist and I always tell people that the goal should be to break even, not get a huge refund. A refund just means you gave the government an interest-free loan all year. For 2025, just log into your company's HR system and update your W-4. If you want to be really precise, use the IRS Tax Withholding Estimator tool on the IRS website. It's way more accurate than the old "claim 0 dependents" method everyone used to use.
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Axel Far
ā¢every time i use that irs withholding calculator thing i get different results lol. one time it said i should get an extra $50 taken out each check, then the next time it said i should get like $20 back each check. makes no sense
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