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Another thing to consider: if your dad itemizes deductions, he may need to reduce the theft loss by 10% of his AGI and $100. But if he can claim it as an investment theft loss on Schedule A (instead of a capital loss), he won't be limited to the $3,000 annual deduction limit for capital losses.
I don't think that's right anymore. The 10% AGI floor was for casualty losses. Ponzi schemes qualify for a different treatment. My father-in-law went through this in 2023 and was able to deduct the full amount without the AGI limitation.
Based on what everyone's shared here, it sounds like your dad has a solid case for claiming this as a theft loss. The key points I'm seeing are: 1. Make sure you have all the SEC documentation proving it was officially declared a Ponzi scheme 2. Use Form 4684 and possibly Form 8949 as mentioned by Ravi 3. The timing matters - claim it in the year the SEC declared it fraudulent, not when he invested 4. Revenue Procedure 2009-20 could be your best friend here - lets you deduct 95% of the loss right away Given that your dad is on a fixed income and this hit him so hard financially, I'd really recommend getting professional help to make sure you maximize the tax benefits. Whether that's a CPA experienced with investment fraud or one of those document analysis services people mentioned, the potential tax savings could be substantial. Also document EVERYTHING - bank statements, original investment paperwork, SEC filings, settlement details. The IRS will want a clear paper trail showing the original investment amount and what was recovered. Hope your dad can get some financial relief from this terrible situation!
This is such a comprehensive summary, thank you Zoe! I'm saving this comment to reference when I help my dad with his paperwork. One quick question - you mentioned Revenue Procedure 2009-20 lets you deduct 95% of the loss right away. Does that mean he can't claim the full $141,000 loss, or is the 95% rule just about timing (like not having to wait for final settlement amounts)? I want to make sure we're not leaving money on the table if there's a way to eventually claim the full amount.
I've been through this exact situation and completely understand your frustration! My babysitter was also very hesitant about providing her SSN, but I found that approaching it as a business requirement rather than a personal request helped. What worked for me was explaining that this is similar to how any contractor needs to provide a W-9 form when you pay them over $600 in a year. I showed her the actual IRS Form W-10 and explained that providing tax identification information is standard practice when someone is providing services that qualify for tax credits. I also reassured her that I wasn't "reporting" her in a negative way - the IRS just needs to verify that the expenses I'm claiming are legitimate. Think of it like how businesses provide receipts for purchases. If she continues to refuse, definitely use the "REFUSED" option on Form 2441. Based on my experience and what I've read here, expect about a 4-8 week delay in your refund processing, but you'll still get the credit. Just make sure to keep excellent records - text messages about payments, bank withdrawal records that align with payment dates, calendar entries showing care dates, etc. Don't stress too much about this - it's more common than you'd think, and the IRS has procedures in place for exactly this situation. Whatever you do, don't make up a number - that would create way bigger problems!
This is such helpful advice! I really like the approach of framing it as a standard business requirement rather than making it seem like a big deal. The W-9 comparison is brilliant - that's something most people understand is just normal paperwork. I'm definitely going to try showing my nanny the Form W-10 like you suggested. Sometimes seeing the official IRS form makes it clear that this isn't just something I'm making up or being difficult about. It's literally what the government requires for this type of arrangement. The reassurance about not "reporting" her in a negative way is something I hadn't thought to emphasize, but that's probably exactly what she's worried about. I'll make sure to explain that this is just verification for my legitimate expenses, not getting her in trouble with anyone. Thanks for the timeline estimate too - knowing it's likely 4-8 weeks helps me plan better. I was imagining much worse delays based on some of the horror stories you hear about IRS processing times. And you're absolutely right about keeping detailed records. I've been pretty good about that already, but I'll make sure everything is organized just in case they ask for documentation.
I've dealt with this exact situation multiple times as both a parent and someone who's helped neighbors with their taxes. Here's my take: First, your babysitter's reluctance is actually pretty common, especially with cash-paid caregivers who may not fully understand the tax implications. Many think providing their SSN will automatically get them "in trouble" with the IRS, when really it's just standard documentation. Try one more conversation where you explain that you're required by law to provide her information to claim the credit - it's not optional on your end. Show her that this is about YOUR tax compliance, not reporting HER to anyone. You could even mention that the IRS likely already knows about her income if she's been reporting it properly. If she still refuses (which honestly sounds likely based on your description), definitely use "REFUSED" on Form 2441. Yes, this will delay your refund by probably 6-10 weeks because it triggers manual review, but you'll still get your credit. The IRS sees this situation constantly. Keep meticulous records - your text messages, bank records showing cash withdrawals that align with payment dates, any written agreements, calendar entries, etc. If questioned, you need to prove these were legitimate childcare expenses. Going forward, consider finding a provider who operates more like a legitimate business and understands basic tax requirements. This level of resistance to providing basic tax information is a red flag for how professional they are overall.
This is exactly the perspective I needed to hear! As someone new to navigating childcare tax issues, I was starting to think I was being unreasonable by asking for her SSN. But you're absolutely right that this is about MY tax compliance - I hadn't thought about framing it that way. I really appreciate the timeline estimate of 6-10 weeks for the manual review. That's actually more manageable than I was expecting based on some of the stories I've been hearing. And the point about this being a red flag for professionalism is something I should probably take more seriously. I've been so focused on not wanting to lose a good babysitter that I didn't consider whether someone who won't provide basic business information is actually that "good" from a professional standpoint. Maybe it's time to start looking for someone who operates more above board, especially as my daughter gets older and I'll need more consistent care arrangements. Thanks for the practical advice about record-keeping too. I've been pretty good about documenting payments and dates, but I'll make sure everything is organized and easily accessible in case the IRS has questions during their review.
word of advice - screenshot everything and save your offset notice. Ohio lost my payment last year and I had to prove it got sent š
I went through this exact situation last year with Ohio. The 4-6 week timeframe is accurate, but here's what I learned: the federal Treasury Offset Program has to send the payment to Ohio first, then Ohio processes it internally before updating your account balance. Even after they receive the funds, it can take another 1-2 weeks for their system to reflect the change. Don't panic if it seems like nothing is happening - the wheels are turning, just very slowly. Keep checking weekly rather than daily to save yourself some stress!
This is super helpful! I'm dealing with the same thing right now and was starting to worry something went wrong. Good to know there's actually two separate processing steps - that explains why it's taking so long. Definitely gonna follow your advice about checking weekly instead of obsessing over it daily š
This is really reassuring to hear from someone who's been through it! I was getting anxious checking every single day and seeing no change. The two-step process explanation makes total sense - no wonder it feels like it's taking forever. Thanks for sharing your experience @Connor Murphy, definitely switching to weekly checks to keep my sanity š
Just wanted to add from my recent experience - if you're dealing with medical expenses like the original poster, there's one more thing to consider. Even if your refund gets offset, you might be able to work out a payment plan with the creditor agency to get some of the money released for medical emergencies. I had part of my student loan offset reduced last year when I provided documentation of urgent medical bills. It's not guaranteed and takes time, but worth knowing this option exists if you're in a tough spot medically and financially. The key is contacting the creditor agency directly (not the IRS) once you identify what the offset is for.
This is really helpful information about working with the creditor agency directly! I had no idea you could potentially negotiate a partial release for medical emergencies. Do you remember roughly how long that process took? I'm wondering if it's something that could realistically help with urgent medical expenses or if the timeline makes it more useful for planned procedures. Also, what kind of documentation did they require to prove the medical emergency? This could be a lifeline for people caught between needing medical care and having their refunds intercepted.
I went through something similar last year when my refund was delayed and I was stressed about medical bills. Here's what I learned: definitely check your transcript first for those TC 898 codes everyone mentioned, but also call that Treasury Offset Program number (800-304-3107) - it's honestly the fastest way to get a straight answer about federal offsets. The automated system will tell you immediately if there's anything pending. I'd also suggest checking your state's tax offset program if you have any state debts, since those show up differently. The worst part about planning for medical expenses is the uncertainty, so getting concrete information from multiple sources helped me make better decisions about payment options with my healthcare providers. Some of them were willing to work with me on payment plans once I could show them exactly what my financial situation was.
Rhett Bowman
Great thread! I went through this same process last year when I incorporated my app business in Ontario. One thing that really helped me was keeping detailed records of exactly what types of transactions I was processing through the App Store - Apple's revenue reports can be quite detailed if you dig into them. For the W-8BEN-E form, I found Part II (disregarded entity or branch receiving the payment) was often left blank for simple Canadian corporations, but make sure you understand whether this applies to your situation. Also, don't forget that once you file the W-8BEN-E, it's generally valid for three years unless your circumstances change significantly. One gotcha I ran into: if you ever take on US investors or partners, you'll need to update your beneficial ownership information and potentially refile. The form is tied to your ownership structure, not just your corporate registration location. For anyone still struggling with the classification between business profits vs royalties, I'd recommend documenting your decision-making process. The CRA and IRS generally want to see that you've made a reasonable, consistent interpretation of the treaty provisions.
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Sarah Jones
This is such a helpful thread! I'm in the early stages of incorporating my app business in Alberta and this W-8BEN-E stuff has been keeping me up at night. One question I haven't seen addressed - does the timing of when you file the W-8BEN-E with Apple matter? I'm still operating as a sole proprietor right now but plan to incorporate next month. Should I wait until after incorporation to file the corporate form, or can I file it in advance? Also, for those who've been through this - how long does it typically take Apple to process the form and start applying the correct withholding rates? I want to make sure I time this right so I don't end up with messy tax situations spanning across my transition from individual to corporate status. The breakdown of business profits vs royalties that @Sophia Gabriel provided is super valuable - I had no idea there were different rates for different types of app revenue streams!
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Kaiya Rivera
ā¢You definitely want to wait until after incorporation to file the W-8BEN-E! The form is specifically tied to your corporate entity, so filing it before you're actually incorporated could create complications. Apple needs your actual corporate tax ID number and legal entity name, which you won't have until incorporation is complete. From my experience, Apple typically processes W-8BEN-E forms within 2-4 weeks, but I'd recommend filing it as soon as possible after you get your corporate documents. The new withholding rates usually apply to payments processed after the form is approved, not retroactively. For the transition period, you might want to consider timing your incorporation around Apple's payment schedule if possible. They typically pay out monthly, so if you can incorporate right after a payment cycle, you'll have a cleaner break between your sole proprietor and corporate tax situations. Also make sure you update your banking information with Apple at the same time - you'll need a corporate bank account to receive payments under the new entity!
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