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Ask the community...

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Has anyone tried requesting a penalty abatement for first-time late filing? I heard the IRS has a First Time Penalty Abatement policy where they'll waive penalties for people with clean previous filing history.

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Jamal Wilson

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Yes! I got my penalties waived using this last year. You have to call and specifically request "First Time Penalty Abatement" after you file and pay the original tax amount. They'll check if you've had any penalties in the past 3 tax years - if not, they usually approve it. Saved me about $800!

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Amina Bah

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I'm going through something similar with my divorce proceedings - needed my 2021 return for financial disclosure and realized I never actually submitted it either! The stress is real when you need these documents for court. A few things that helped me: First, definitely file 2022 immediately as a separate return. The IRS systems are set up to handle each tax year individually, so there's no option to combine years anyway. For the court documentation, consider asking your attorney if they'll accept a copy of your prepared return along with proof that you've submitted it to the IRS (like a certified mail receipt if you file by paper, or the electronic confirmation if you e-file). Courts understand that IRS processing can take weeks, so they often accept evidence that you've filed rather than waiting for the processed return. Also, once you do file, you can request an Account Transcript from the IRS online at irs.gov which will show your filing status and any penalties/payments. This can serve as official documentation for court purposes while you wait for your actual return to be processed. The penalties will hurt, but getting this resolved quickly is more important than the extra money, especially with court deadlines looming. Good luck!

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Lucy Lam

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Has anyone had their FSA administrator reject expenses during an audit because the provider didn't have a tax ID? I'm in a similar situation with a small home daycare and worried my company might make me pay back the FSA money if they audit and find out the provider wasn't properly registered.

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Aidan Hudson

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Your FSA administrator generally only cares that you had eligible expenses for dependent care, not whether the provider was properly registered. As long as you have receipts showing you paid for childcare while you were working, that's typically sufficient for FSA purposes. The tax ID requirement is more about IRS reporting.

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I went through almost the exact same situation two years ago with a home daycare that suddenly shut down. What really helped me was keeping a detailed timeline of everything - when I paid, when they closed, when I tried to contact them, etc. One thing I'd add to the great advice already given: check with your state's licensing board for childcare providers. Even if the daycare was operating without proper licensing, they might have records or complaints filed that could help you track down the owner's information. In my case, I found out through the state board that several parents had filed complaints when the daycare closed, and they actually had the owner's SSN on file from a previous licensing attempt. Also, don't stress too much about the FSA side of things. Your FSA administrator approved the reimbursement based on valid receipts for childcare expenses. The fact that the provider may have had licensing issues doesn't retroactively make your childcare expenses ineligible. You legitimately paid for childcare so you could work - that's what matters for FSA purposes. Just make sure to document everything thoroughly and you should be fine on both the FSA and tax filing fronts!

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Omar Hassan

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Has anyone tried using one of those Certified Acceptance Agents instead of going directly through the IRS? The thought of sending my wife's original passport in the mail is making me really nervous...

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Chloe Taylor

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I used a CAA for my husband's ITIN last year and it was SO much better than dealing with the IRS directly. They verified his original documents in person and then just submitted copies to the IRS with the application. Took about 8 weeks to get the ITIN back. Definitely worth the fee for peace of mind not sending original documents through mail.

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Just to add some clarity for anyone else in this situation - you absolutely can apply for an ITIN after filing your return! I went through this exact process with my partner last year. The key things to remember: 1. Use Form W-7 and include a complete copy of your already-filed tax return as supporting documentation 2. If you're nervous about mailing original documents (totally understandable!), definitely look into using a Certified Acceptance Agent - they can verify originals in person and submit copies 3. The ITIN application won't affect your already-filed return for this year, but it will give you more filing options next year The whole process took about 10 weeks for us when we went through a CAA. Yes, there's a small fee, but the peace of mind was worth it. Don't stress too much - this is a pretty common situation and the IRS handles it regularly!

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Darcy Moore

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This is really helpful, thank you! I'm actually in a similar boat - filed separately and now realizing I should get an ITIN for my spouse. Quick question about the CAA route: how do you find a legitimate Certified Acceptance Agent? Is there a directory on the IRS website or something? I want to make sure I'm not getting scammed by someone claiming to be certified when they're not.

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Yes, there's an official IRS directory! You can find authorized Certified Acceptance Agents on the IRS website - just search for "CAA directory" or "Certified Acceptance Agent locator." The IRS maintains a searchable database where you can filter by location and services offered. Make sure whoever you choose is actually listed in the official directory - there are unfortunately some sketchy services out there that claim to be CAAs when they're not. The legitimate ones will have their authorization displayed and you can verify their status directly with the IRS if you have any doubts. Most tax preparation offices like H&R Block or local CPAs can also be CAAs, so that might be another route to explore in your area.

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Mason Lopez

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This is such a helpful discussion! As someone who's been wrestling with this exact decision for months, I really appreciate everyone sharing their experiences. One thing I want to add that might help others - make sure you understand the housing allowance implications too. When I was researching Form 4361, I discovered that ministers can designate part of their salary as housing allowance, which is exempt from income tax (though still subject to SE tax if you haven't filed the exemption). This can be a significant tax benefit that partially offsets the decision either way. Also, for anyone still within their filing window, I'd strongly recommend calculating the actual dollar impact over your entire career, not just the immediate savings. The SE tax is 15.3%, but you need to factor in what you'd lose in Social Security benefits at retirement. For some ministers, especially those with lower lifetime earnings, the Social Security benefits might actually be worth more than the taxes saved. The disability insurance point that Kai brought up is crucial too - that's honestly something I hadn't fully considered until reading this thread.

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Dylan Wright

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This is exactly the kind of comprehensive analysis I needed to see! The housing allowance point is particularly interesting - I hadn't realized how that might factor into the overall tax picture. You're absolutely right about doing the long-term math rather than just looking at immediate savings. I've been so focused on the 15.3% SE tax rate that I haven't properly calculated what those Social Security benefits would actually be worth in today's dollars when I retire in 30+ years. The disability insurance discussion has definitely been a wake-up call too. It's one of those risks you don't think about until it's too late. Thanks for adding that perspective about the housing allowance - that's definitely something I need to research more as I'm making this decision.

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Cole Roush

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As a newcomer to this discussion, I'm really grateful for all the detailed insights everyone has shared. I'm currently in my first year as a youth pastor and just learned about Form 4361, so this conversation is incredibly timely for me. One question I haven't seen addressed yet - does anyone know how this exemption affects ministers who might transition between different types of ministry roles? For example, if I move from being a youth pastor to a senior pastor role, or if I eventually work for a denominational headquarters rather than a local church, does that impact the exemption status? Also, I'm curious about the interaction with state taxes. I know we're focusing on federal SE tax here, but do any states have similar exemptions or complications that ministers should be aware of when making this decision? The points about disability insurance and long-term financial planning have really opened my eyes. It sounds like this decision requires much more comprehensive financial planning than I initially realized. Thank you all for sharing your real-world experiences - it's helping me think through this decision much more thoroughly than I would have on my own.

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Mei Wong

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Keep in mind that the "best" incorporation state isn't just about taxes. I incorporated in Delaware, and while I do pay the annual franchise tax, the legal protection has been invaluable. Had a major contract dispute with a client, and Delaware's Court of Chancery handled it efficiently. Also, if you ever plan to seek venture capital, many investors prefer Delaware C-Corps because of the predictable legal framework. Even if you save a little on taxes elsewhere, you might face higher costs if you incorporate elsewhere then need to convert to a Delaware entity later.

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100% agree on the Delaware point for fundraising. We incorporated in Wyoming initially to save on taxes, but when we went for our Series A, our investors basically required us to convert to a Delaware C-Corp. Cost us way more in legal fees for the conversion than we ever saved on taxes.

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Great discussion here! As someone who went through this exact decision last year, I'd add that you should also consider the ongoing administrative burden of your choice. While Wyoming and Nevada are tax-friendly, Delaware has the most streamlined annual reporting process I've encountered. Their Division of Corporations website is actually user-friendly (shocking for a government site), and you can handle most filings online without needing to mail paperwork or deal with antiquated systems. Also, since you mentioned retaining earnings in the corporate structure - make sure to factor in potential accumulated earnings tax implications at the federal level if you're planning to hold onto significant cash without distributing it. This is a federal issue regardless of state, but some states have additional rules around unreasonable accumulation that could affect your strategy. Given your SaaS model and remote workforce, I'd seriously consider running the numbers on a Delaware C-Corp vs. the traditional tax haven states. The legal predictability and ease of administration might be worth the modest tax difference, especially as you scale.

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Adrian Hughes

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This is really helpful perspective on the administrative side! I hadn't thought much about the ongoing paperwork burden, but you're right that it could add up over time. Quick question - when you mention accumulated earnings tax, what's the threshold where that becomes a concern? Is it based on a dollar amount or percentage of revenue? Also, for someone just starting to think about this stuff, is there a good resource to understand the conversion process if I pick one state now but need to switch later? Sounds like it can get expensive based on what @QuantumQuasar mentioned about their Series A experience.

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