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Ask the community...

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Has anyone dealt with the AMT implications of selling QSBS? I've heard the excluded portion might still be subject to AMT which could really reduce the benefit.

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Yes, that's an important consideration! For pre-2010 QSBS with the 50% exclusion, 7% of the excluded amount is an AMT preference item. This means you add that portion back when calculating AMT income. For example, if you have a $1 million gain on qualifying 1994 QSBS, you'd exclude $500,000 from regular tax. But for AMT purposes, you'd have to add back 7% of that $500,000 (so $35,000) to your AMT income. This can sometimes push you into AMT territory if you have other AMT preference items.

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Taylor Chen

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Great question about QSBS from 1994! Just want to add a couple of important points that others haven't mentioned yet: 1) Make sure to verify your company never converted from C-Corp to S-Corp during your holding period - even a brief S-Corp election can disqualify the shares entirely for QSBS purposes. 2) If you're considering the gift strategy, remember that your daughter would get a "stepped-up basis" equal to the fair market value at the time of gift for gift tax purposes, but she keeps your original 1994 basis for income tax and QSBS calculations. This could create some complexity in her tax planning. 3) One thing to watch out for - if this tech company went through any major restructuring, mergers, or spin-offs over the past 30 years, the QSBS qualification might have been affected. The "same corporation" requirement is pretty strict. Given the age of these shares and potential complexity, you might want to get a tax professional who specializes in QSBS to review your specific situation before making any moves. The 50% exclusion on 30 years of tech stock appreciation could be substantial!

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Ethan Wilson

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This is really helpful additional context! The point about corporate restructuring is especially important - I hadn't thought about how mergers or spin-offs could affect QSBS status. For a tech company from 1994, there's a good chance they went through some major changes over 30 years. Quick question about the gift basis rules - when you say the daughter gets "stepped-up basis" for gift tax purposes but keeps the original basis for income tax, does that mean she'd potentially owe gift tax on the full current value even though she can only exclude gains based on the original 1994 basis? That seems like it could create a significant tax burden for large positions.

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Demi Hall

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I've been dealing with Pathward/HR Block for years and can confirm the timing pattern everyone's describing. Your DDD of 5/15 with fees taken from refund means you're looking at 5/17-5/18 realistically. The military status doesn't affect processing time unfortunately. One thing I learned - if you call HR Block customer service around 2pm EST, they can sometimes tell you if Pathward has received your funds from the IRS yet, even before their online tracker updates. Saved me a lot of anxiety last year when I was in a similar tight timeline situation. Good luck with your PCS move!

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That's a great tip about calling HR Block around 2pm! I didn't know they could check Pathward's status before the tracker updates. Definitely going to try that if I don't see movement by Thursday. The timing stress is real when you're coordinating a military move - there's so many moving pieces and expenses that need to line up perfectly. Thanks for the heads up!

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Hey Connor! Military spouse here - went through this exact situation during our last PCS to Fort Carson. DDD was 5/12 (Monday) with HR Block/Pathward fee deduction, didn't see the money until Wednesday evening. The delay is super frustrating when you're trying to coordinate movers, temporary lodging, and all the PCS expenses. One thing that helped me was calling my bank to explain the situation - they were able to give me a small courtesy overdraft extension knowing the refund was confirmed and just delayed in processing. Also, if you have USAA or Navy Fed, they sometimes have emergency loan programs for active duty families during PCS moves. The Pathward delay is unfortunately standard, but there are workarounds if you need funds sooner for your move. Hang in there!

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This is super helpful advice! I hadn't thought about contacting my bank for a courtesy extension - that's a really smart backup plan. We're actually with USAA, so I'll definitely look into their emergency loan options for PCS moves. It's reassuring to hear from someone who went through the exact same situation. The timing stress is real when you're trying to coordinate everything perfectly. Thanks for the practical suggestions - sometimes you need someone who's been there to point out the solutions you're not seeing!

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Kylo Ren

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I'm so sorry this happened to you! As someone who works in tax compliance, I can tell you that unfortunately the IRS holds taxpayers ultimately responsible for filing on time, even when a preparer fails them. However, you absolutely have grounds for penalty relief. The key is proving "reasonable cause" - which means you acted as an ordinary, prudent person would under similar circumstances. Your situation fits this perfectly: you hired a preparer well before the deadline, provided all documents timely, and paid for the service in good faith. When you write your penalty abatement letter, focus on these facts: the date you engaged the preparer (February), when you provided documents, payment proof, and any communications showing you believed your taxes were being handled. Don't get emotional in the letter - stick to a timeline of facts. Also, definitely file Form 14157 to report this preparer. The IRS takes these complaints seriously, especially with preparers who take payment but don't deliver services. This protects other taxpayers and strengthens your case. File your taxes immediately to stop additional penalties from accruing. If your return is straightforward, tax software might be fastest. For complex situations, find a credentialed preparer (CPA or Enrolled Agent) - just verify their credentials this time! You're not alone in this - preparer negligence cases happen more than you'd think, and the IRS does grant relief when taxpayers can prove they acted responsibly.

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Vince Eh

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This is incredibly helpful advice, thank you! I'm curious about one thing though - when you mention "reasonable cause," are there specific IRS publications or guidelines that define what qualifies? I want to make sure my letter references the right legal standards. Also, should I wait to hear back from the IRS about my penalty abatement request before filing the Form 14157 complaint against the preparer, or can I do both simultaneously? I don't want to complicate my own case while it's being reviewed. One last question - if the IRS denies my initial abatement request, is there an appeals process or would I need to start over with a different approach?

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Andre Dupont

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I'm so sorry you're dealing with this nightmare! As someone who went through a similar situation last year, I completely understand your frustration and panic. Here's what worked for me: First, file your taxes IMMEDIATELY using software like TurboTax or FreeTaxUSA if your situation is straightforward - don't wait for another preparer. Every day you delay adds more penalties. For the penalty abatement letter, be very specific about dates and include ALL documentation. I wrote something like: "On February 3rd, 2024, I engaged [preparer's name] and provided all required tax documents. On February 10th, I paid $350 for preparation and filing services. On [dates], the preparer assured me via [email/text/phone] that my return was being processed." Then attach screenshots, payment receipts, everything. The IRS actually has a "reasonable cause" provision in IRC Section 6651(a)(1) for situations exactly like this. In my case, they waived over $600 in penalties because I could prove I acted in good faith and the failure was due to circumstances beyond my control. Also, definitely report this preparer on Form 14157. I found out my guy had multiple complaints against him - wish I'd known to check that beforehand! Don't let this person's incompetence ruin your financial life. You did everything right, and the IRS recognizes that when you can document it properly.

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This is really comprehensive advice! I especially appreciate you mentioning the specific IRC Section 6651(a)(1) - that gives me something concrete to reference in my letter to show I understand the legal framework. Quick question about filing immediately - should I be worried about making any mistakes if I rush to file using tax software? I'm worried that if I make errors while trying to file quickly, it could hurt my penalty abatement case later. Is it better to be fast but potentially imperfect, or take a few extra days to make sure everything is correct? Also, when you say you found out your preparer had multiple complaints, where did you check that? Is there a public database or do you have to request that information from the IRS? I'd love to know if others have had problems with this same guy. Thanks for sharing the actual dollar amount you got waived - it gives me hope that this is actually worth pursuing rather than just paying the penalties and moving on.

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Caden Nguyen

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Great questions! On filing quickly vs. perfectly - I'd say accuracy is more important than speed at this point. Take an extra day or two to double-check your entries, especially if you're not familiar with tax software. A mistake on your return could actually complicate your penalty abatement case because the IRS might question your overall diligence. That said, don't overthink it - most tax software has good error-checking built in. Just go through each section carefully and have your documents handy for reference. For checking preparer complaints, there isn't really a public database unfortunately. What I did was call the IRS practitioner priority line and asked if they could tell me if there were issues with my preparer's PTIN (Preparer Tax Identification Number). You can also check if they're properly licensed through your state's CPA board or the IRS Enrolled Agent verification system - unlicensed preparers tend to have more problems. The $600 I got waived was definitely worth the effort! The whole process took about 2 months, but considering I only spent maybe 3-4 hours total writing letters and gathering documents, that's a pretty good hourly rate. Plus there's the satisfaction of not letting a bad preparer stick you with their mistakes. @Andre Dupont is right about documenting everything with specific dates - the IRS really responds to detailed timelines that show you acted responsibly.

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How to file taxes for highly variable commission-based income? W-2 but taxed differently each week

So I started working as a sales rep at this major company late last year. I'm technically W-2 with full benefits and everything, but my income is 100% commission-based which means my paychecks are all over the place. Some weeks I'm only bringing in $600-1200, and other weeks when sales are hot I can make $9-12k. I also get these quarterly bonus checks that typically range from $6-12k. The weird thing is how they're taxing me. They basically take whatever I earned that week, multiply it to get an "annual equivalent," and then tax me based on that imaginary annual income. So some weeks the system thinks I'm a high-roller in the 37% tax bracket, and other weeks it's like "this poor soul must be living off ramen noodles" lol. I crunched some numbers recently - I'm at $107k YTD gross, but only $74k YTD net. So they're taking about 31% in taxes overall, but I should actually be in the 24% tax bracket based on my projected annual income. By my calculations, I should be closer to $81k net if I was taxed correctly. My big question is: will this fix itself when I file my tax return? Am I going to get all that over-withheld money back? I usually just use TurboTax because it's straightforward, but I'm wondering if I should talk to an actual tax professional this year given my situation. FWIW, I'm in Florida so no state income tax to worry about, just federal. And I file as single. Really appreciate any insights! I know I'll find out in a few months anyway, but it's driving me crazy wondering if I've got a nice fat refund coming my way next spring.

I'm curious about this whole issue myself cuz I just started a commission job too. Anyone here know if tax withholding for commissions is different between states? Or is it all federal rules? Like if I move from NY to Texas mid-year, would it affect how my commission is taxed?

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NebulaKnight

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The federal withholding rules for commissions are the same nationwide - they follow the IRS guidelines regardless of which state you're in. However, state withholding varies dramatically. Moving from NY to Texas mid-year would have a significant impact because New York has state income tax while Texas doesn't. After you move to Texas, you'd no longer have state withholding taken out, but you'd still need to file a part-year resident tax return for New York for the portion of the year you lived there. This kind of mid-year move gets complicated tax-wise, so it might be worth consulting with a tax professional who can help you with the part-year resident filing requirements.

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One thing I'd add as someone who went through this exact situation - keep detailed records of your paystubs throughout the year! I wish I had done this better my first year in commission sales. When tax time comes, having all your pay stubs organized makes it much easier to verify that your W-2 is accurate and that all the withholding amounts are correct. Sometimes payroll systems can have glitches, especially with variable commission structures. Also, consider setting aside a small percentage of those big commission checks in a separate savings account. Even though you'll likely get a nice refund, it's good to have a buffer in case there are any surprises or if you want to make estimated payments next year to avoid the overwithholding cycle altogether. The peace of mind of knowing you have some tax money set aside is worth it, especially when your income swings are as dramatic as yours. Congrats on the $107k YTD - sounds like you're killing it in sales!

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Lim Wong

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This is great advice! I'm pretty new to all this commission-based income stuff and hadn't even thought about keeping detailed records of my paystubs. Quick question - when you say "set aside a percentage," what percentage would you recommend? I've been putting about 15% of each big check into savings just to be safe, but I'm wondering if that's too much or too little. Also, have you found any good apps or tools for tracking all this? I'm terrible at staying organized with paperwork but I know I need to get better at it. Thanks for the congrats too - it's been a wild ride learning this sales game but I'm starting to get the hang of it!

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Felicity Bud

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The entertainment industry exception that Mia mentioned is key - but it's more nuanced than just being self-employed. Even self-employed people in most industries can't deduct regular haircuts and grooming as business expenses. For actors and performers, the IRS allows deductions for appearance-related expenses when they're specifically for a role or performance that requires a look significantly different from normal appearance. A regular business haircut still wouldn't qualify, but theatrical makeup, costume pieces, or specialized styling for a specific character might. The "ordinary and necessary" test is critical here - the expense has to be both common in your industry AND directly related to producing income. For most sales jobs, regular grooming doesn't meet this standard because maintaining basic professional appearance is considered a personal responsibility, not a specialized business requirement. If you're curious about your specific situation, I'd recommend getting professional advice since these rules can be tricky to navigate correctly.

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Ellie Perry

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This is really helpful clarification! I think the "significantly different from normal appearance" part is what most people miss. So if an actor needs to dye their hair blonde for a specific role when they're naturally brunette, that styling cost could be deductible, but their regular monthly trim to maintain their usual look wouldn't be? And I'm guessing this is why so many people get confused about the rules - they hear about entertainment industry deductions and assume it applies to everyone who needs to look professional for work. Thanks for breaking down the "ordinary and necessary" test too - that makes it much clearer why a sales job appearance requirement is treated differently than a performance requirement.

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One thing I learned the hard way is to keep detailed records even if you're not sure something is deductible. I've been tracking all my work-related expenses in a simple spreadsheet with dates, amounts, and business purpose notes. When the Tax Cuts and Jobs Act changes expire in 2026, some of these employee business expense deductions might become available again for W-2 employees. Having good records from previous years could be valuable if the rules change back. Also, your employment status can change - if you ever become self-employed or start a side business, those same expenses might suddenly become deductible. I switched from W-2 employee to 1099 contractor last year and was glad I had been documenting everything, because suddenly my home office and business phone became legitimate deductions. The key is understanding that tax rules aren't permanent - what's not deductible today might be deductible tomorrow depending on law changes or your employment situation.

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Zara Ahmed

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This is such smart advice about keeping records! I wish someone had told me this when I started working. I've been throwing away receipts thinking they were useless, but you're right that things could change. Do you use any specific app or just a basic spreadsheet? I'm trying to get better organized with tracking expenses and would love to know what system works best for staying consistent with the documentation. Also really good point about employment status changes - I've been thinking about freelancing on the side and didn't realize that could open up new deduction opportunities for the same expenses I'm already paying.

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