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Just a practical consideration - if your vehicle is pretty old after 7 years of business use, consider if it's worth keeping for personal use at all. I was in a similar situation with a van I used for my plumbing business, facing about $18k in recapture. Instead, I sold it to one of my employees for its fair market value (about $7500) and still had to recapture, but at least I got some cash for it. Then I bought a different used vehicle for personal use that had never been a business asset. Worked out better tax-wise.
That's actually pretty smart. Did you have to do anything special on your taxes when you sold it to your employee? Did you give them any kind of discount or was it strictly fair market value?
One thing that hasn't been mentioned yet is the timing of when you need to establish fair market value for the recapture calculation. The IRS requires you to determine the vehicle's FMV on the exact date you convert it from business to personal use, not when you file your taxes. I'd recommend getting a written appraisal from a qualified appraiser or at least documenting the value with resources like KBB, Edmunds, or NADA guides on the conversion date. Keep screenshots and print copies because you'll need this documentation if the IRS ever questions your recapture calculation. Also, don't forget that once you convert to personal use, you can no longer claim any business deductions for the vehicle - no more depreciation, repairs, insurance, etc. Make sure the timing works with your business needs before making the switch.
This is really helpful advice about documenting the FMV on the conversion date! I'm curious - if you get multiple valuations (like KBB, Edmunds, and NADA) and they're different, which one should you use? Can you take an average, or does the IRS prefer one source over another? Also, what counts as a "qualified appraiser" for a 7-year-old work truck - does it need to be a certified automotive appraiser, or would a dealership estimate work?
Just want to add - make sure to request a "penalty abatement" when you finally reach the IRS! If this is your brother's first time missing a payment deadline for the 2290, the IRS has a "First Time Penalty Abatement" policy that can remove those extra charges. Sounds like the $42 might include penalties and interest that could potentially be removed.
This is spot on! I got a penalty abatement on my 2290 last year. Just make sure your brother doesn't have any other penalties in the last 3 tax years or they'll deny it. You literally just have to say "I'd like to request a first-time penalty abatement under the IRS First Time Abatement Policy" when you talk to the agent.
I went through almost the exact same nightmare with my delivery business last year! The key thing that saved me was understanding that CP504B notices are often generated automatically even after you've paid, especially with Form 2290 where there can be significant processing delays. Here's what worked for me: Don't try to make another payment until you confirm whether your September payment was actually processed. Call the Practitioner Priority Service line at 866-860-4259 early in the morning (around 7 AM) - this line typically has shorter wait times than the main taxpayer assistance line. When you do get through, ask them to do a "payment tracer" on your September payment. They can tell you exactly where that money went and whether it was applied correctly. In my case, the payment had been received but was sitting in a suspense account because the reference information wasn't complete. Also, definitely get that authorization form from your brother ASAP. The IRS won't discuss anything without proper authorization, and you're wasting time on calls where they can't help you without it. The CP504B is scary but you typically have at least 30 days from the notice date before any actual levy action, so you have time to sort this out properly rather than panic-paying.
This is really valuable advice! I had no idea about the Practitioner Priority Service line or payment tracers. Quick question - do I need any special credentials to use that priority line, or can anyone call it? The name makes it sound like it's only for tax professionals. Also, when you say "reference information wasn't complete" on your payment, what exactly was missing? I want to make sure I have all the right details when I finally get through to someone. We included the notice number and my brother's EIN when we sent the September payment, but maybe we missed something else?
3 Has anyone used the IRS Free File program when transitioning from 1040-NR to 1040? I'm in the same boat and wondering if any of those services handle this state refund situation correctly.
I went through this exact situation two years ago when I transitioned from H-1B to green card status. The key thing to understand is that your state refund is taxable to the extent you received a federal tax benefit from deducting those state taxes on your 1040-NR. Since you were required to itemize on the 1040-NR (no standard deduction available), you almost certainly did receive a tax benefit from the state tax deduction. However, the amount that's taxable might not be the full refund amount if you hit the $10,000 SALT deduction cap. You'll need to do what's called the "tax benefit rule" calculation. Look at your 2023 return and see how much state tax you actually deducted. If it was limited by the SALT cap, then only the portion that provided a benefit is taxable when you receive the refund. The change from nonresident to resident status doesn't affect the taxability of the refund - what matters is whether you got a federal tax benefit in the year you took the deduction. Report the taxable portion on Schedule 1, Line 1 of your 2024 Form 1040.
If you're using TurboTax, be super careful with how you enter this! I had a similar situation and TurboTax completely messed up my self-employed health insurance deduction. It put it on the wrong form and I ended up getting a nasty letter from the IRS.
I had the same problem with H&R Block software. These programs really struggle with S-Corp health insurance deductions. What tax software worked for you?
I'm dealing with a very similar situation right now! I have W-2 income with employer health insurance for myself, but my spouse is on a separate marketplace plan because adding them to my employer plan would cost way more than their individual coverage. I also have an LLC (elected S-Corp) from freelance work. From what I've researched, the key issue is whether your employer coverage "could have" covered your family members, regardless of cost. This is where it gets tricky - technically your employer offers family coverage, even though it's unreasonably expensive at $950/month. Some tax professionals argue that if the employer coverage is prohibitively expensive compared to marketplace alternatives, you can still claim the self-employed health insurance deduction. Others take a more conservative approach and say any availability of employer family coverage disqualifies you. I'd definitely recommend getting professional advice on this specific situation since the IRS guidance isn't crystal clear on what constitutes "reasonably available" employer coverage. The potential tax savings are significant, but you want to make sure you're on solid ground if questioned.
This is exactly the gray area I've been struggling with! I'm in almost the identical situation - W-2 job with expensive family coverage ($850/month) and a side S-Corp. I've been going back and forth on whether to take the deduction or not. What's really frustrating is that the IRS doesn't define what "reasonably available" means. Like, at what point does employer coverage become so expensive that it's not truly "available"? $500/month? $1000/month? There's no clear threshold. I'm leaning toward taking the deduction since the employer coverage costs 40% more than the marketplace plan, but I'm definitely keeping detailed documentation to justify the decision if needed. Has anyone here actually been audited on this specific issue and can share what the IRS's position was?
Isabella Oliveira
As someone who's been preparing taxes for several years, I'd strongly recommend avoiding the refund transfer route. The complications far outweigh the benefits - you're dealing with third-party processors, additional fees for your client, potential delays, and as others mentioned, the risk of offsets completely derailing payment. I've found the most successful approach is requesting payment upfront for basic preparation work (maybe 50%) and the remainder upon completion but before e-filing. This protects both parties - you get compensated for your time, and they get to review everything before final payment. Most clients understand this is standard business practice, just like any other professional service. The peace of mind is worth way more than the perceived convenience of deducting from their refund!
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Tate Jensen
ā¢This is exactly the approach I wish I'd taken from the beginning! The 50% upfront model makes so much sense - it's like a retainer that protects your time investment while still giving clients confidence they'll get quality work. I'm curious though, do you have clients sign the agreement digitally or in person? And have you ever had anyone push back on the upfront payment requirement? I'm thinking of switching to this model for next season but worried about scaring off potential clients who might think it seems too "business-like" for what they consider a favor.
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Isabella Santos
I've been doing taxes for my neighbors for the past 3 years and learned this lesson the hard way! My first year, I tried the refund transfer route thinking it would be "easier" for everyone. What a nightmare! Between the extra fees, delayed processing, and one client whose refund got intercepted for an old tax debt (leaving me unpaid), I quickly realized it's not worth it. Now I just ask for payment when I hand over their completed return - before I hit submit on the e-file. Most people are totally fine with this since they can see exactly what their refund will be. I use a simple invoice app on my phone and accept Venmo, Zelle, or cash. Way cleaner, no third parties involved, and I sleep better at night knowing I'll actually get paid for my work! Sometimes the old-fashioned way really is the best way.
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