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11 Does anyone know if attorney fees for these cases are deductible? I got a settlement too but almost 40% went to the lawyers. Do I report the full amount or just what I actually received?
14 Unfortunately, the tax law changed with the Tax Cuts and Jobs Act of 2017. For most cases, you have to report the FULL settlement amount as income (including the portion paid to attorneys) but can no longer deduct the attorney fees as a miscellaneous itemized deduction. There are exceptions for certain types of cases like discrimination lawsuits, whistleblower claims, and some physical injury cases. For those, you may be able to take an "above-the-line" deduction for attorney fees.
Just to add another perspective - I went through something similar with a different class action settlement last year. The key thing I learned is that you absolutely need to keep detailed records of everything related to the settlement. Make copies of your settlement check, any correspondence from the law firm, and especially any documentation that describes what the settlement was for. Even if GM doesn't send you a 1099, having this paperwork will be crucial if the IRS ever questions the reporting. Also, if you're unsure about the tax treatment, consider making quarterly estimated payments on at least a portion of it. Better to overpay slightly and get a refund than to owe penalties for underpayment. The IRS safe harbor rule generally protects you if you pay 100% of last year's tax liability (110% if your prior year AGI was over $150,000). One more tip - if this settlement pushes you into a higher tax bracket, you might want to look into whether you can spread the recognition of this income over multiple years, though that's typically only available in very specific circumstances.
This is really helpful advice, especially about keeping detailed records. I'm new to this community and dealing with settlement income for the first time. Quick question - you mentioned the safe harbor rule about paying 100% of last year's tax liability. Does that apply even if this settlement significantly increases my income compared to last year? Like if my regular job income was $40k last year but this settlement adds another $8,750, would paying 100% of last year's taxes still protect me from penalties? Also, what do you mean by "spreading recognition over multiple years"? Is that something an average person can do or does it require special circumstances?
Welcome to the community, Kayla! Yes, the safe harbor rule still applies even with the additional settlement income. If you pay at least 100% of last year's total tax liability through withholdings and estimated payments, you're generally protected from underpayment penalties regardless of how much more you owe this year due to the settlement. However, you'll still owe the additional taxes on the settlement when you file - the safe harbor just protects you from penalties for not paying estimated taxes throughout the year. Regarding spreading income recognition - that's called "installment treatment" and unfortunately it's very limited for lawsuit settlements. It typically only applies to structured settlements that are specifically set up to pay out over multiple years, or in rare cases involving certain types of damage awards. For a lump sum settlement like yours, you'll generally need to report the full amount in the year you received it. Given your income level, I'd definitely recommend setting aside about 22-25% of that settlement for taxes, and consider making an estimated payment for Q4 if you haven't already to get closer to that safe harbor threshold.
3 Has anyone actually been audited over their Accountable Plan? I've been reimbursing employees for home office equipment, internet, and occasional coffee shop visits for years with no issues. As long as they provide receipts and a business justification, I've approved them under our Accountable Plan per Treas. Regs. Β§1.62-2(d).
11 I have a client who was audited specifically on their Accountable Plan reimbursements last year. The IRS was particularly interested in home office-related expenses. They disallowed reimbursements for home improvements (including partial reimbursement for painting and flooring) and reclassified them as taxable wages, resulting in additional employment taxes plus penalties.
3 That's concerning to hear. Were they reimbursing for major improvements or just regular expenses? Did the employees have legitimate home offices that were used exclusively for business?
The distinction between repairs and improvements is crucial here, and I'd be very conservative with both scenarios you've described. For the HVAC system, this is clearly a capital improvement that increases the home's value permanently. Even though 12% is used for business, the IRS will likely view this as primarily benefiting the employee as a homeowner. I'd avoid reimbursing this under your Accountable Plan - it's exactly the type of expense that gets flagged in audits and reclassified as taxable compensation. For the coffee shop visits, the key question is business necessity. Can the employee document why they couldn't work from their home office that day? "I like the atmosphere" won't cut it - you need legitimate business reasons like client calls requiring a quiet background, internet outage at home, or specific work that benefits from a different environment. Even then, food/beverage costs are subject to the 50% meal limitation and need detailed documentation. My recommendation: Create a clear written policy defining what qualifies before approving any reimbursements. For home office expenses, stick to supplies, equipment, and utilities rather than improvements. For alternative workspace costs, require written justification for each occurrence explaining the business necessity.
has anyone used the wheres my refund tool on the irs website? it usually tells u if theres an issue with ur refund or if they adjusted anything. i always check it when my refund seems off!!!
There's another possibility that might explain your situation - check if you moved to a different state or if your state changed its tax laws. Sometimes people focus so much on federal taxes that they miss state-level changes that can affect your overall refund picture. Also, double-check if you had any side income last year that you might have forgotten about - things like gig work, freelancing, or even small amounts from apps like cashback rewards that issued you a 1099. Even small amounts can push you into different tax brackets or affect certain credits. One more thing - if you're really stuck, consider looking at your prior year tax transcript from the IRS website. You can compare line-by-line with this year's return to see exactly where the differences are. The transcript will show any adjustments or corrections that might have been made to your previous return that could explain why that refund was unusually high.
Given the clear VIN mismatch and lack of proper authorization, I'd recommend going straight to the IRS rather than giving the dealership another chance to dodge your calls. You've already tried contacting them multiple times with no response - that's enough good faith effort on your part. The IRS handles reporting errors like this directly, especially when there's factual documentation showing the mistake (wrong VIN, no signed transfer form, text messages contradicting the transfer). Since this appears to be a clerical error in their system rather than a legitimate business dispute, they won't require you to resolve it with the dealer first. When you call, have everything organized: your purchase agreement, the IRS notice with the wrong VIN, screenshots of those text messages from the salesman, and your actual vehicle's VIN for comparison. Be clear that you never authorized any transfer and that the reported vehicle information is completely incorrect. The timing is important too - getting this corrected now gives you plenty of time before next tax season and establishes a paper trail with the IRS. If you wait and try to sort it out with an unresponsive dealer, you might find yourself in a last-minute scramble when it's time to file your taxes. Document your call with the IRS thoroughly and get a case number if possible. This protects you if any issues come up later when you claim the credit on your return.
This is exactly the approach I would take too. You've already done your due diligence trying to reach the dealership multiple times - their lack of response speaks volumes about how they handle customer service issues. The documentation you have is really strong, especially with the VIN mismatch being such clear proof of an error. I'd also suggest taking photos of your actual vehicle's VIN (usually visible through the windshield) alongside the incorrect VIN in the IRS letter when you call. Having that visual proof ready can be helpful if they need additional verification. One more thing - when you call the IRS, ask specifically about getting a letter or email confirmation that they've corrected the error in their system. This gives you documentation to keep with your tax records showing that you're eligible to claim the credit yourself when you file next year. Without this confirmation, you might face questions later about why you're claiming a credit that their system shows was already transferred to a dealer. The whole situation is frustrating, but honestly the dealer's mistake with the wrong VIN makes this much easier to resolve than if it was just a "he said, she said" situation about what was promised.
This exact thing happened to my brother last year with his Tesla purchase. The VIN mismatch is actually the smoking gun that proves this is a dealer error, not a miscommunication about the credit terms. Here's what worked for him: He called the IRS Taxpayer Advocate Service (1-877-777-4778) instead of the main IRS line. They specialize in resolving these kinds of administrative errors and were much more helpful than the general customer service line. They assigned him a case worker who understood the EV credit transfer system and got it sorted out in about 3 weeks. The key things they needed were: - Copy of the IRS notice with the wrong VIN - His actual vehicle registration showing the correct VIN - Purchase agreement with no transfer language - Any communications with the dealer about claiming the credit himself Since you have all of these plus the text messages, you're in a really good position. The Taxpayer Advocate took it seriously because the wrong VIN indicated a systemic error that could affect other customers too. Don't stress too much about this - the documentation you have makes it pretty clear-cut. Just get it reported to the right people sooner rather than later so it doesn't complicate your tax filing next year.
This is really helpful - I had no idea about the Taxpayer Advocate Service! That sounds like exactly what I need since this seems to be more of a systemic issue with how dealers are handling the new transfer system rather than just my specific situation. The fact that your brother's case was resolved in 3 weeks through the Taxpayer Advocate gives me a lot of hope. I was worried this could drag on for months and mess up my tax filing next year. I have all the documentation you mentioned - the IRS notice with wrong VIN, my vehicle registration, purchase agreement, and those text messages from the salesman. I'll definitely call the Taxpayer Advocate Service first thing Monday instead of the main IRS line. One question - did your brother end up being able to claim the full $7,500 credit on his tax return after they corrected the error? I want to make sure that getting this fixed actually restores my ability to claim the credit myself, rather than just correcting their records without giving me back the credit eligibility. Thanks for sharing your brother's experience - it's exactly the kind of real-world outcome I needed to hear about!
Chloe Anderson
This has been an incredibly educational thread! As someone relatively new to partnership taxation, I've been struggling with mineral royalty reporting and this discussion has really clarified things for me. One area I'd love more insight on is the documentation aspect. Several of you mentioned including detailed supporting statements, which makes perfect sense for defending the position. But I'm wondering about the practical mechanics - do you attach these as separate PDF schedules to the electronic filing, or do you include them as text in the "Additional Information" sections of the tax software? Also, I'm curious about how you handle the partnership agreement language. Do you recommend that clients include specific language about the passive nature of royalty activities in their partnership agreements, or is this more of a facts-and-circumstances determination based on actual operations? Finally, for those dealing with multiple properties across different states, do you find any states have particularly aggressive positions on partnership-level taxation of royalty income that might influence the federal reporting strategy? Thanks to everyone who has shared their expertise here - this is exactly the kind of real-world guidance that makes all the difference in building confidence with these complex returns!
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Mateo Gonzalez
β’Welcome to the community, Chloe! Great questions about the practical implementation aspects. For documentation, I typically create a separate PDF schedule that gets attached to the electronic filing. Most tax software allows you to add supporting documents as PDFs, which I find cleaner than cramming everything into text fields. The supporting statement usually includes a simple table showing gross royalty income by property, related expenses broken down by category, and net portfolio income. Regarding partnership agreements, I absolutely recommend including language that clarifies the passive nature of royalty activities. Something like "The Partnership's activities with respect to mineral interests are limited to the collection of royalty payments and do not include active participation in drilling, development, or production operations." This creates a clear record of intent that supports the portfolio income treatment. On the state-level question - Texas and Pennsylvania can be particularly aggressive about partnership-level taxes, but I haven't seen them challenge the federal characterization of royalty income as portfolio versus business income. The bigger issue is usually making sure you're properly sourcing the income to the right states for state tax purposes. Most states follow the federal treatment once you've established the income character properly. The key is consistency - document your position clearly and apply the same methodology across all similar partnerships.
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Benjamin Kim
This discussion has been incredibly thorough and helpful! As someone who handles a mix of partnership returns including several with mineral interests, I really appreciate seeing the consensus around treating passive royalty income as portfolio income on Schedule K rather than business income on page 1. One practical question I haven't seen addressed - for partnerships that receive multiple 1099-MISC forms for royalty payments throughout the year, do you typically reconcile these to a separate royalty income schedule on the return? I've been summarizing them in a supporting statement, but I'm wondering if there's a preferred method for showing this reconciliation, especially when dealing with partnerships that have dozens of small royalty payments from different operators. Also, has anyone dealt with the situation where a partnership receives both royalty payments and bonus payments for new leases in the same year? I assume the bonus payments would also be treated as portfolio income, but I wanted to confirm this treatment is consistent with the royalty income approach. The revenue ruling reference and software recommendations have been particularly valuable - it's clear I need to upgrade my research resources and possibly consider more specialized tax software as this area of my practice grows. Thanks to everyone for sharing their real-world experience!
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Natasha Petrova
β’Welcome to the community, Benjamin! Great questions about the practical reconciliation aspects. For partnerships with multiple 1099-MISC forms, I typically create a separate supporting schedule that lists each payor, the amount received, and reconciles to the total royalty income reported on Schedule K. This makes it much easier during an exam if the IRS wants to trace specific payments. I usually organize it by operator/payor and include the property descriptions when available. Regarding bonus payments for new leases, you're absolutely correct that these should generally be treated consistently with the royalty income as portfolio income. Lease bonus payments are typically considered passive income similar to royalties, especially when the partnership isn't actively involved in the leasing negotiations or development activities. I report these on Schedule K along with the royalty income and include them in the same supporting statement for clarity. One tip for managing the volume of small payments - consider setting up a simple spreadsheet template that tracks each 1099-MISC throughout the year. This makes year-end reconciliation much smoother and provides excellent documentation for your position. The consistency in treatment and documentation really pays off if you ever face questions from the IRS. You're definitely on the right track thinking about upgrading your resources as this area grows. The specialized software really does make a difference once you have multiple oil & gas partnerships to manage.
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