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Ask the community...

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Millie Long

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24 Has anyone tried calling the Taxpayer Advocate Service instead of dealing directly with the IRS? I've heard they can sometimes help with penalty abatement requests when there are extenuating circumstances like caring for ill family members.

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Millie Long

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19 I tried the Taxpayer Advocate Service route for a different penalty issue. They were helpful but told me they can't take cases unless you've already tried resolving it through normal IRS channels first. They're more of a last resort when you're getting nowhere with the regular process.

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I'm dealing with a similar situation right now - got hit with an underpayment penalty after filing my return. Reading through all these responses has been really helpful, especially the clarification about using Form 2210 vs Form 843. One thing I wanted to add is that when you're writing your explanation letter, be as specific as possible about the timeline of events. In my case, I'm documenting exactly when my family emergency occurred and how it overlapped with the quarterly payment due dates. I think showing that clear connection between the circumstances and the missed payments strengthens the case for "unusual circumstances." Also, if anyone has medical documentation (hospital records, doctor's notes, etc.) that shows the severity and timing of family health issues, include copies with your Form 2210. I've read that the IRS appreciates concrete evidence rather than just a written explanation. Thanks to everyone who shared their experiences - it's given me confidence that there's a good chance of getting this penalty waived with the right approach!

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Mei Wong

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That's really good advice about being specific with the timeline, Miguel! I'm just starting to put together my own waiver request and hadn't thought about documenting the exact overlap between the emergency and payment due dates. Did you end up including medical records with your Form 2210? I'm wondering if that might be overkill or if it actually helps demonstrate the severity of the situation. My situation involves caring for a family member with a sudden health crisis too, and I have some hospital documentation that shows the timeline. Also, thanks for mentioning the "unusual circumstances" language - I want to make sure I'm using the right terminology when I write my explanation letter.

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IRS pushing to ban percent-of-refund fees & regulate tax preparers to stop ERC mills

Just saw this news and I'm kinda shocked - the IRS is going after these ERC mills hard! They're pushing Congress to give them power to regulate paid preparers, especially those Employee Retention Credit companies that have been everywhere lately. The IRS sent a letter to the Senate Finance Committee asking for authority to regulate paid tax preparers because they think it "could help protect taxpayers from penalties, interest, or avoidable costs of litigation that result from the poor-quality advice they receive." Basically, they're saying it would make it easier to target ERC mills. Here's the part that really caught my attention - the IRS wants to ban contingency fees where these companies take a percentage of your refund! They said: "Congress should pass legislation making clear these mills have to play by the same rules as other professionals who prepare returns for taxpayers. These mills may claim they aren't paid preparers, but they receive compensation for their advice." While the IRS could make regulations against these percentage-based fees, they're saying that "a legislative prohibition takes effect far more quickly." They're also asking Congress "to consider other ways to help reduce fraud and abuse associated with the ERC, while protecting honest taxpayers." Has anyone used one of these ERC services? Did they take a huge chunk of your credit? I'm curious how this might affect small businesses who legitimately qualify.

I run a small business and got absolutely DESTROYED by one of these ERC mills last year. They convinced me I qualified for $175,000 in credits, took their 28% fee ($49,000!!), and then disappeared when the IRS sent me a notice questioning the claim. Now I'm working with a real CPA to sort through this mess, and it turns out I probably only qualified for about $30,000 in legitimate credits. So I'm potentially on the hook to repay $145,000 PLUS penalties and interest. Meanwhile, the ERC mill is nowhere to be found, and their website is down. The worst part is their contract specifically stated they're "not tax preparers" even though they literally prepared and filed the amended returns. They also claimed no responsibility for audit results. I'd 100% support banning these contingency fees.

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Ravi Sharma

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That's horrible! Have you considered filing a complaint with the FTC or your state attorney general? Some states are starting to go after these mills for deceptive practices, and your case sounds like a perfect example. Also, did they give you any kind of written analysis explaining why they thought you qualified?

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I did file complaints with both the FTC and my state AG's office. The AG's office actually responded and said they're collecting information on these kinds of cases, so hopefully something comes of it. They gave me a superficial "analysis" that basically just restated the qualification criteria without actually analyzing my business's specific situation. It was clearly designed to look official but didn't contain any meaningful analysis. My new CPA said it looks like they just used a template and changed the name and dollar amounts. Looking back, I should have been more skeptical, but they had fancy marketing materials and testimonials that seemed legitimate.

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Freya Thomsen

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Coming from a tax policy perspective, this move by the IRS makes perfect sense. The ERC mills exploit a regulatory gap - they're not technically "tax preparers" under current definitions even though they're preparing amended returns to claim tax credits. Something similar happened with the EITC (Earned Income Tax Credit) years ago. Preparers would charge huge contingent fees to file for credits that taxpayers often didn't qualify for. When regulations tightened around EITC claims, the accuracy of claims improved significantly. The big difference is timing - EITC fraud can be caught during initial processing, while ERC claims are often paid out first, then audited later. This means businesses can be hit with unexpected repayments years later, long after they've spent the money.

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Omar Zaki

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Do you think this will affect legitimate claims though? I'm worried that making it harder to file might prevent businesses that actually qualify from getting the credit. My restaurant legitimately qualified (we kept paying employees during shutdowns) but I wouldn't have known how to claim it without professional help.

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Summer Green

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This happened to me too! The key thing to understand is that the safe harbor rules changed slightly after all the COVID relief expired. During COVID years, the IRS was much more lenient with underpayment penalties. What fixed it for me was adjusting my withholding at work by submitting a new W-4. Instead of trying to be precise, I just added a specific additional amount to be withheld from each paycheck (Line 4c on the W-4 form). I took what I owed last year, added a bit more as a buffer, then divided by the number of pay periods remaining in the year. Also definitely look into first-time penalty abatement if this is your first time getting hit with the penalty!

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Gael Robinson

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Does adjusting your W-4 really work if a lot of your income is from stock? My regular salary withholding seems fine, but when my RSUs vest, the company only withholds like 22% which isn't enough for my tax bracket.

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Summer Green

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Adjusting your W-4 absolutely works for addressing under-withholding from stock compensation. The key is to use line 4c on the W-4 form to specify an additional dollar amount to withhold from each regular paycheck to make up for the shortfall from your RSUs. Yes, companies typically withhold only 22% for supplemental wages like RSUs (up to $1 million), which is the standard supplemental withholding rate. If you're in a higher tax bracket, that creates a shortfall. The solution is to calculate that expected shortfall for the year and distribute it across your regular paychecks through the additional withholding amount on line 4c.

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Just wanted to mention that the underpayment penalty rules changed slightly after the TCJA (Tax Cuts and Jobs Act) as well. It used to be that you could avoid the penalty by paying 90% of your current year tax OR 100% of your prior year tax (110% if your AGI was over $150k). Under TCJA, they briefly adjusted the 90% threshold down to 80% for one tax year, but then it went back to 90%. Some taxpayers got confused by this temporary change and didn't realize it reverted back. Also, the IRS uses a quarterly assessment for underpayment - meaning they look at when you made payments throughout the year, not just the total by end of year. If you made a lot of money early in the year but your withholding was more evenly distributed, that could trigger a penalty even if previous years didn't.

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Darcy Moore

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Wait so they actually look at each quarter separately? I thought they just cared about the total amount withheld by the end of the year. What if most of my stock vests in Q4? Does that mean I should be making estimated payments earlier in the year even though the income hasn't hit yet?

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Nia Jackson

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Yes, the IRS does look at each quarter separately for underpayment penalties! This is called the "quarterly installment method." They expect you to pay taxes as you earn income throughout the year, not just catch up at the end. If most of your stock vests in Q4, you have a few options to avoid penalties: 1. Make estimated quarterly payments based on your expected annual income, even before the stock vests 2. Use the "annualized income installment method" on Form 2210, which allows unequal quarterly payments if your income is irregular 3. Increase withholding from your regular paychecks earlier in the year to cover the expected tax on future stock vesting The safest approach is usually option 1 - estimate your total annual tax liability (including the Q4 stock vesting) and make equal quarterly payments. This way you're covered regardless of when the income actually hits.

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Amara Okafor

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You're absolutely right about the documentation being key here. I've been dealing with this exact issue in my construction business for years. The IRS doesn't actually require you to get W-9s from every single day laborer - that's a common misconception that causes a lot of unnecessary stress. Here's what I learned from my tax attorney: for occasional workers paid under $600 annually, you just need to maintain adequate records showing the expense was ordinary and necessary for your business. This means keeping a simple log with dates, amounts paid, work performed, and ideally some form of acknowledgment from the worker (even just a first name and signature on a receipt). For your ATM records, you can definitely use those as supporting documentation. Create a log that matches your withdrawal dates to specific jobs, noting how many workers you hired, what work they did, and how much you paid each person. Photos of the work being done can also help establish the business purpose. The $600 threshold is per individual worker per year, not total payments to all workers. Since you're using different people each time, you're likely not hitting that threshold with any single worker. Just make sure you're consistent with your documentation going forward - the IRS values consistency and good faith effort to maintain proper records.

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Chloe Harris

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This is really helpful clarification! I think I've been overthinking this whole thing. So if I understand correctly, as long as I'm consistent about documenting the basics (date, amount, work done, worker acknowledgment) and I'm not paying any individual worker more than $600 in a year, I should be okay to deduct these as legitimate business expenses? I like the idea of matching my ATM withdrawals to specific jobs in a log. That seems like a practical way to create a paper trail for past expenses. Going forward, I'll definitely start having workers sign simple receipts and maybe take photos of the work sites. One more question - do you think it's worth setting up a separate business bank account just for these cash withdrawals? Would that make the documentation cleaner for tax purposes?

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Yes, you've got it exactly right! The key is consistency and showing good faith effort to document legitimate business expenses. A separate business account for cash withdrawals is actually a brilliant idea - it creates a much cleaner paper trail and makes it obvious that these withdrawals were for business purposes rather than personal use. I'd also suggest keeping a small notebook or using a phone app to log the details right when you pay the workers, rather than trying to reconstruct everything later. The closer your documentation is to the actual transaction, the stronger it looks if you ever get audited. One tip from my experience - if you're at the same pickup location regularly (like that hardware store parking lot), you might start recognizing some of the same workers. If you end up using someone multiple times throughout the year, just keep a running tally of what you've paid them so you know if you're approaching that $600 threshold where you'd need their tax info.

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Carmen Ruiz

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I've been running a small electrical contracting business for about 8 years and dealt with this exact same issue. The key thing to understand is that the IRS cares more about whether you can prove the expense was legitimate and business-related than having perfect W-9 documentation for every single person. Here's what worked for me: I created a simple "Daily Labor Log" that I keep in my work truck. For each job where I hire day laborers, I write down: date, job address, worker's first name, hours worked, rate paid, total amount, and what specific work they did. I also have them initial next to their entry - most people are fine with this since it's not asking for sensitive info. For your past expenses, definitely create that reconstruction log matching your ATM withdrawals to specific jobs. Include as much detail as you can remember - job locations, approximate dates, what work was needed, how many people you hired. This shows the IRS you're making a good faith effort to maintain proper records. The separate cash account idea mentioned above is genius - I wish I'd thought of that years ago. It would make everything so much cleaner come tax time. You're definitely on the right track with wanting to document these properly - these are legitimate business expenses that you absolutely should be able to deduct.

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Aiden Chen

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This is exactly the kind of practical advice I was looking for! I love the idea of keeping a "Daily Labor Log" in my truck - that makes it so much easier to document everything right when it happens instead of trying to remember details later. The part about having workers initial next to their entry is really smart too. It's not invasive like asking for SSNs, but it does create that acknowledgment you mentioned. I'm definitely going to start doing this. I'm curious - in your 8 years of doing this, have you ever been audited or had any issues with the IRS regarding these day labor expenses? I'm still a bit nervous about the whole thing even with better documentation, so it would be reassuring to hear from someone who's been doing this successfully for a while. Also, do you have any specific recommendations for what to write in the "work performed" section? Should I be general like "landscaping assistance" or more detailed like "helped load mulch and plant shrubs at residential property"?

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I had this exact same confusion when I first saw the DD code on my W2! It's one of those things that seems like it should be important for your taxes but actually isn't. I spent way too much time trying to figure out if I could somehow use that amount for tax planning. One thing that helped me understand it better was realizing that this reporting requirement was added relatively recently (around 2012) as part of the Affordable Care Act. The government wanted better visibility into healthcare costs, so now employers have to show the total value of the health benefits they provide. It's actually pretty interesting to see the full cost breakdown - I had no idea my employer was contributing so much toward my health insurance premiums. Makes you appreciate that benefit a lot more when you see the real numbers!

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That's such a good point about the ACA reporting requirement! I had no idea this was a relatively recent addition to W2s. It explains why so many people (myself included) are confused by it - we're not used to seeing this information there. It really is eye-opening to see the employer contribution amount. I always knew they helped pay for insurance but seeing the actual dollar figure makes you realize just how significant that benefit is. Definitely changes how I think about my total compensation package. Thanks for that historical context - it helps everything make more sense!

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Amara Okafor

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This is such a common source of confusion! I work in HR and we get questions about Box 12a DD all the time during tax season. Just to reinforce what others have said - this is purely informational and represents the total cost of your employer-sponsored health coverage for the year. One thing that might help put this in perspective: this amount often surprises people because it shows what health insurance actually costs when you see both portions combined. For example, if you pay $200/month through payroll deductions and your employer pays $800/month, you'd see $12,000 in Box 12a DD ($1,000 x 12 months). The key thing to remember is that you can't do anything actionable with this number for tax purposes - it's not deductible, it's not taxable income, and it doesn't affect your retirement contribution limits. It's just the government's way of tracking healthcare spending across the economy. Hope this helps clarify things!

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Chloe Martin

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This is exactly the kind of clear explanation I was looking for! As someone new to understanding tax forms, it's so helpful to have an HR perspective on this. Your example with the $200/$800 split really puts it in perspective - I can see how that $12,000 total would be shocking if you're only aware of your $200 monthly contribution. I'm curious though - do all employers have to report this, or are there exceptions based on company size or type of health plan? And is there any benefit to employees in having this transparency, beyond just government data collection?

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