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Grace Lee

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I'm confused about one thing - if I give money to a NIL collective and it's considered a gift, who is considered the recipient of the gift for gift tax purposes? The collective itself or the athletes? And if it's the athletes but I don't know which specific ones got my money, how do I report that on a gift tax form?

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Amara Torres

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Great question. When you give to a NIL collective, the ultimate recipients of the gift are the individual athletes who receive NIL payments from the collective. However, since you typically don't control which specific athletes receive your funds (the collective decides that), and no single athlete is likely receiving more than the annual gift tax exclusion amount from your contribution alone, you generally wouldn't need to file a gift tax return. If for some reason you were making an extremely large contribution where individual athletes might receive more than the annual exclusion amount from just your contribution (unlikely for most donors), you would need to know which athletes received what amounts. The collective should be able to provide that information.

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Grace Lee

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That makes sense, thanks! So basically for most normal people giving reasonable amounts, we don't need to worry about gift tax returns because no single athlete is getting enough from just our contribution to trigger the reporting requirement. That's a relief!

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Brandon Parker

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As someone who works in tax compliance, I want to emphasize that the IRS is actively reviewing NIL collective structures and may issue updated guidance soon. What's been shared here is generally correct - most NIL contributions are treated as gifts, not charitable donations. However, I'd strongly recommend documenting your contribution carefully. Keep records showing: 1) the amount you contributed, 2) the date of contribution, 3) any documentation from the collective about tax treatment, and 4) confirmation that funds are distributed among multiple athletes. If you're contributing more than a few thousand dollars annually, consider consulting with a tax professional who can review your specific situation and the collective's structure. The landscape is evolving quickly, and what's true today might change as the IRS provides more specific guidance on these arrangements. Also worth noting - some states have their own gift tax rules that might differ from federal treatment, so don't forget to consider state-level implications if you're in a state with gift taxes.

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Zara Ahmed

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This is really helpful advice about documentation! I'm new to this whole NIL thing and didn't realize I should be keeping such detailed records. Quick question - when you mention "confirmation that funds are distributed among multiple athletes," what kind of documentation should I be looking for from the collective? Should they be providing some kind of annual report showing how contributions were allocated? Also, you mentioned state gift tax implications - I'm in California. Do you know if California has any specific rules about NIL contributions that might differ from federal treatment?

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Dylan Fisher

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Good question about documentation! The collective should ideally provide you with an annual summary showing how funds were distributed - this could be a general report showing total contributions received and number of athletes supported, or more detailed breakdowns if available. Some collectives send quarterly updates to contributors showing aggregate distribution data. Regarding California - good news is that California doesn't have a state gift tax, so you only need to worry about federal gift tax rules. California does conform to most federal tax treatments, so NIL contributions would likely be treated the same way for state income tax purposes (i.e., not deductible as charitable contributions). However, California has been particularly active in NIL regulation from a sports/eligibility perspective, so make sure the collective you're contributing to is compliant with California's NIL laws to avoid any issues for the athletes. The tax treatment and sports eligibility rules are separate issues, but both matter for the athletes receiving the funds.

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Mei Chen

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As a newcomer to this community, I have to say this thread has been absolutely invaluable! I'm in a very similar situation to the original poster - just got my PTIN and was completely unaware of how complex the state-by-state regulations could be. What strikes me most is how easy it would be to accidentally violate regulations just through innocent marketing language. The Texas "accountant" restriction and the various state-specific terminology rules seem like landmines waiting to trip up new preparers who assume the PTIN covers everything. I'm particularly grateful for the practical advice about starting with your home state first. As someone who was planning to immediately start helping family members across multiple states, the warnings about compliance complexity and potential relationship damage really hit home. It's better to be conservative and build expertise gradually than to risk penalties or damaged relationships. The resource recommendations throughout this thread (especially the spreadsheet tracking approach) seem like they'll save newcomers like me from learning these lessons the hard way. Thank you all for sharing your experiences - it's exactly the kind of real-world guidance that's hard to find in official publications!

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Jamal Carter

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Welcome to the community, Mei! You're absolutely right about how easy it is to stumble into compliance issues without realizing it. I made a similar mistake early on - advertised "full accounting services" on my website and got a warning letter from my state board even though I was only doing basic tax prep. One thing I'd add to the great advice already shared: consider joining your state's tax preparer association if they have one. Mine offers monthly webinars specifically about compliance updates and has a member forum where you can ask state-specific questions. It's been incredibly helpful for staying current on rule changes. Also, don't underestimate the value of networking with experienced preparers in your area. Most are happy to share guidance about local regulations, and some might even be willing to mentor newcomers. The tax prep community tends to be pretty supportive once you get connected. Best of luck with your first season! Taking the time to understand these regulations upfront shows you're approaching this profession with the right mindset.

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Jay Lincoln

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As someone who just joined this community and is navigating the same PTIN/state regulation maze, I wanted to add a few resources that have been helpful in my research: The IRS actually has a decent (though not comprehensive) overview of state requirements in Publication 216, "Conference and Practice Requirements." It's not updated as frequently as it should be, but it gives you a baseline understanding of which states have additional requirements beyond the PTIN. I've also found that many state CPA societies publish guidance documents for non-CPA tax preparers that clarify what services you can and cannot advertise. These are often more practical than the official regulatory language and include examples of compliant vs. non-compliant marketing language. One thing I learned the hard way - if you're considering the EA route, factor in that the exam is only offered during certain testing windows throughout the year. I wish I'd known that earlier in my planning since it affects when you can actually start practicing with that credential. The advice about starting with your home state is spot on. I initially wanted to help clients in 5 different states but quickly realized I was setting myself up for failure. Better to build a solid foundation first, then expand methodically with proper research and systems in place. Thanks to everyone who shared their experiences - it's incredibly helpful for those of us just starting out!

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Grace Thomas

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Thanks for mentioning Publication 216, Jay! I had no idea that resource existed and just looked it up - it's definitely more comprehensive than I expected from the IRS. The state-by-state breakdown is really helpful as a starting point, even if it's not always current. Your point about the EA exam windows is something I hadn't considered either. I was thinking about pursuing that credential but assumed I could take it whenever I was ready. Do you happen to know how far in advance the testing windows are scheduled? I'm trying to plan out my timeline for next year. The CPA society guidance documents sound incredibly valuable too. I've been struggling to find clear examples of what marketing language is actually acceptable versus prohibited. Official regulatory text is often so vague that it's hard to know where the line is drawn in practice. It's reassuring to hear from other newcomers who are going through the same learning process. Sometimes it feels like everyone else has this all figured out, but clearly we're all navigating these complexities together!

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Daniel Rogers

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โ€ข Has anyone noticed different timeframes for different types of verification? โ€ข Do returns with certain credits (like EITC or CTC) take longer after verification? โ€ข Is there a difference in processing time between ID.me verification vs. letter verification? โ€ข Does filing method (e-file vs paper) impact post-verification processing?

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Aaliyah Reed

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I can address some of these questions based on my experience working with tax clients. According to Internal Revenue Manual 21.9.1.3, processing timeframes do vary by verification type and return complexity. Returns with refundable credits like EITC and CTC undergo additional screening through the PATH Act verification process, which can add 2-3 weeks to processing time after identity verification is complete. ID.me verification typically resolves faster than letter verification because it's entirely digital. As for filing method, e-filed returns are processed significantly faster post-verification than paper returns, which may take an additional 6-8 weeks due to manual processing requirements. I've seen clients receive refunds as quickly as 4 weeks after verification and others wait the full 130 days, though the latter is uncommon unless there are additional issues with the return.

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Oliver Weber

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I went through identity verification last year and can share my timeline. After completing ID.me verification, I was also told 130 days, but my refund actually came through in exactly 11 weeks. What helped me stay sane during the wait was checking my IRS transcript online rather than the Where's My Refund tool - the transcript updates more frequently and shows actual processing codes. One thing I learned is that joint filers sometimes face additional scrutiny, which can add a few weeks to the process. My advice is to set a calendar reminder to check your transcript weekly (not daily - it won't change that often) and try not to stress too much about the 130-day timeframe. In my experience talking to other taxpayers, most people get their refunds between 8-12 weeks after verification, assuming there are no other complications with their return.

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Natasha Orlova

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This is really helpful advice! I'm also going through identity verification right now (day 35) and checking WMR obsessively was driving me crazy. I switched to checking my transcript weekly like you suggested and it's much less stressful. Quick question - when you say "processing codes," are there specific codes I should be looking for that indicate progress? I see some 150 codes on mine but I'm not sure what they mean. Also, did you notice any particular day of the week when transcripts tend to update? Thanks for sharing your experience!

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Kaitlyn Otto

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For those interested in the technical details, I believe the specific issue is in how Worksheet 2a handles the refund allocation. Looking at the latest version, Step 5 has you multiply your refund by a fraction (state/local income tax deducted รท total state/local income tax paid). This seems correct conceptually. However, the problem may be in how this interacts with other types of SALT deductions (like property taxes) when you've hit the overall $10K cap. The worksheet doesn't seem to properly account for situations where you've claimed multiple types of SALT deductions that together hit the cap. Has anyone contacted the IRS about this potential issue? It seems like something they should clarify or correct in a future revision of Publication 525.

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Axel Far

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I actually did contact the IRS Taxpayer Advocate Service about this last year. They acknowledged the worksheet doesn't address every possible scenario with the SALT cap. They recommended following the worksheet when it clearly applies to your situation, but using a "reasonable method" based on the tax benefit rule when the worksheet doesn't fit. The advocate I spoke with said they were aware of several issues with the current worksheets and expected revisions in future publications, but couldn't give a timeline. She specifically mentioned the problem with mixed SALT deductions hitting the cap.

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Chloe Delgado

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This is a great discussion that highlights a real problem many taxpayers are facing. I've been dealing with this exact worksheet issue for my 2023 return and it's incredibly frustrating that the IRS hasn't provided clearer guidance. What I found helpful was creating my own calculation spreadsheet that follows the tax benefit rule more precisely. I calculated what percentage of my total state/local tax payments actually provided a federal tax benefit (considering the SALT cap), then applied that same percentage to my refund to determine the taxable portion. For example, if I paid $12,000 in state income tax and $8,000 in property tax ($20,000 total) but could only deduct $10,000 due to the SALT cap, then only 50% of my payments provided a tax benefit. So if I received a $2,000 state income tax refund, only 50% ($1,000) should be taxable income. This approach seems more aligned with the underlying tax principle than blindly following a worksheet that wasn't designed for post-TCJA scenarios. I'm planning to attach a brief explanation with my return showing this calculation method. Has anyone else taken a similar approach, and if so, have you had any issues with the IRS accepting it?

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Emma Johnson

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Your approach makes perfect sense and aligns with what several others in this thread have described. I'm actually in a very similar situation - paid about $18K total in state/local taxes but could only deduct $10K due to the cap, so roughly 56% of my payments provided a federal tax benefit. I've been hesitant to deviate from the official worksheet, but after reading through this entire discussion and seeing that even IRS representatives have acknowledged the worksheet's limitations, I think your method is the most reasonable approach. The proportional calculation you described follows the core tax benefit rule principle much better than trying to force-fit the situation into a worksheet that wasn't designed for it. I'm curious - when you attach your explanation, are you planning to include references to specific tax code sections or just explain the reasoning? I want to make sure I document this properly if I go the same route. It sounds like several people here have successfully used similar approaches, which gives me more confidence. Thanks for sharing your calculation method - it's exactly what I needed to see to feel comfortable moving forward with this approach on my own return.

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Jenna Sloan

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Thanks everyone for all the detailed responses! This has been incredibly eye-opening. I had no idea about the luxury vehicle depreciation caps - that $19,200 limit is way less than I was hoping for on a $70k+ Corvette. @Mei Wong - your explanation about the "ordinary and necessary" test really puts things in perspective. You're right that it would be hard to justify why my online education business specifically needs a sports car versus any other vehicle. @GalacticGuardian - really appreciate you sharing your real experience with the BMW. The fact that you could only justify 60% business use and still hit those depreciation limits is exactly the reality check I needed. @QuantumQuest - your audit experience is sobering. The idea of having to explain to an IRS auditor why I "need" a Corvette for my online courses is pretty embarrassing when I think about it honestly. I think I'm going to take the advice about buying it because I want it, not for tax benefits. Maybe I'll look into those heavier SUVs if I really want to maximize business vehicle deductions. At least now I know what I'm actually dealing with instead of having unrealistic expectations about writing off a sports car! Has anyone had good experiences with those 6,000+ lb SUVs for business use? Seems like that might be a more realistic path for legitimate tax benefits.

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Great decision on being realistic about this! I bought a Ford F-150 SuperCrew (over 6,000 lbs) for my consulting business last year and it's been much better from a tax perspective. The Section 179 deduction allowed me to write off the full purchase price in year one since it qualified as heavy equipment, not a luxury vehicle. The key difference is that trucks and SUVs over 6,000 lbs are treated as work equipment rather than passenger vehicles, so those restrictive depreciation caps don't apply. I was able to deduct about $45k immediately versus the ~$19k limit you'd face with the Corvette. You still need to track business vs personal use and justify the business need, but it's much easier to argue that a truck serves legitimate business purposes - hauling equipment, traveling to client sites, professional image for certain industries, etc. Plus you'll actually have the utility if your business grows and you need to transport materials or equipment. Just make sure whatever you buy truly fits your business needs and keep detailed mileage logs. The IRS is much more lenient with these deductions when the vehicle classification works in your favor from the start.

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I've been running a small digital marketing consultancy for three years and went through a similar thought process about vehicle deductions. Here's what I learned that might help: The reality is that for online businesses like yours, the IRS scrutinizes vehicle deductions much more closely because there's often limited legitimate business driving compared to traditional service businesses. I ended up purchasing a used Honda Pilot (just over 6,000 lbs) that I could justify for client meetings and transporting marketing materials to events. One thing that hasn't been mentioned yet is the importance of establishing a business use pattern BEFORE you buy the vehicle. I documented all my business driving for 6 months using a basic mileage app, which helped me understand my actual business vs personal usage ratio (turned out to be about 40% business, much lower than I initially thought). If you're set on getting a nice vehicle with some tax benefits, consider this approach: buy something you genuinely need for business purposes that happens to be over 6,000 lbs (like the SUVs others mentioned), and then add professional vinyl graphics for advertising. You'll get legitimate deductions without the audit risk that comes with trying to justify a sports car for an online education business. The advertising value is real though - I get several inquiries per month from people who see my company info on my vehicle. Just remember that the marketing benefit and tax benefit are two separate things in the IRS's eyes.

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Omar Zaki

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This is such practical advice! The idea of tracking your business driving patterns BEFORE buying the vehicle is brilliant - I never would have thought of that. It makes total sense that your actual business use would be lower than what you estimate in your head. @Ella rollingthunder87 - when you documented your driving for those 6 months, did you use a specific app or just manual tracking? And did having that historical data help when you filed your taxes, or was it more just for your own planning purposes? I m'thinking this pre-purchase tracking approach could save people from making expensive mistakes based on unrealistic assumptions about their business usage. Also curious about your experience with client inquiries from the vehicle advertising - do you think the professional vinyl graphics look better than just basic decals, and was the cost worth it for the leads you generate?

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