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Don't forget about the wash sale rule if you're trying to do tax loss harvesting! If you sell investments at a loss and buy "substantially identical" securities within 30 days before or after the sale, you can't claim the loss for tax purposes.
For those stuck on the insolvency worksheet, I found this real-world example helped me understand the big picture: Assets: Car worth $8,000 Checking account $1,200 Personal belongings $2,000 Total assets: $11,200 Liabilities: Credit card debt $13,000 Medical bills $5,000 Car loan $6,000 Total liabilities: $24,000 Insolvency amount: $12,800 ($24,000 - $11,200) If cancelled debt is $7,500, you can exclude the full amount. If cancelled debt is $15,000, you can only exclude $12,800. Hope this helps someone else!
Great breakdown of the insolvency calculation! One thing to add for anyone reading this - make sure you're valuing your assets at fair market value, not what you originally paid for them. For example, if you bought your car for $15,000 but it's only worth $8,000 now due to depreciation, use the $8,000 figure. Same goes for things like electronics or furniture - use what you could reasonably sell them for today, not what you paid. Also, don't forget about less obvious liabilities like unpaid taxes, student loans, or even money you owe to family members. Every dollar of legitimate debt counts toward proving your insolvency, so make sure you're including everything when you do your calculation.
This is really helpful advice about fair market value! I'm just starting to work on my Form 982 and I was wondering - how do you actually determine fair market value for things like furniture and personal belongings? Do I need to get formal appraisals or can I just estimate based on what I think I could sell them for on Craigslist or Facebook Marketplace? I want to make sure I'm being accurate but also don't want to spend a fortune on appraisals for items that aren't worth much.
Don't forget that worthless securities are still subject to the capital loss limitations. You can only offset up to $3,000 of ordinary income per year after you've used the losses to offset any capital gains. Had to learn this the hard way when I tried to claim $12,000 in losses from some penny stocks that went to zero in 2022. I offset about $2,500 in gains from other stocks, then could only use $3,000 against my regular income. The remaining $6,500 had to be carried forward to future tax years.
Is there any way around this limit? I have about $8k in worthless stocks and barely any gains to offset this year.
Unfortunately, there's no way around the $3,000 annual limit for offsetting ordinary income with capital losses. It's built into the tax code. However, you can carry forward the unused losses indefinitely until they're all used up. In your case with $8k in losses, you'd use $3k this year and carry forward $5k to next year. If you have capital gains in future years, you can offset those first (no limit), then use up to $3k against ordinary income each year until the carryforward is exhausted. The bright side is that worthless securities losses don't expire - they'll keep reducing your tax burden year after year until you've claimed the full amount.
I went through this exact situation last year with some defunct crypto mining stocks that got delisted. Here's what worked for me: First, contact your broker's tax department (not regular customer service) and specifically request a "worthless securities letter" or "abandonment letter." Most major brokers have a standard process for this. If your broker won't cooperate, you can still claim the loss but need to document everything yourself. Save screenshots of your account showing the securities, any emails with your broker, and find public records of when the companies went bankrupt or were delisted. For the tax filing, you'll use Form 8949 and Schedule D. Mark the transaction with code "W" for worthless, use December 31st of the tax year as the "sale" date, $0 as the sale price, and your original cost basis as the loss amount. One important thing - make sure you're claiming these in the correct tax year. Securities become "worthless" when there's no reasonable hope of recovery, which is usually when the company files bankruptcy or is officially dissolved, not necessarily when they stop trading. Keep all your documentation for at least 7 years in case the IRS has questions. The key is being able to prove you actually owned the securities and that they truly became worthless during the tax year you're claiming.
This is really comprehensive advice, thank you! I'm dealing with a similar situation with some biotech stocks that went under. Quick question - when you say "no reasonable hope of recovery," how do you determine that exactly? My stocks stopped trading months ago but the companies haven't officially filed bankruptcy yet. Should I wait for an official bankruptcy filing before claiming them as worthless, or is being delisted and untradeable enough?
I used FreeTaxUSA for the first time last year and had a pretty frustrating experience with their import feature. It completely failed to import my previous year's return from TurboTax, so I had to manually enter everything from scratch. This was especially annoying for carryover items like capital loss carryforwards. The software also didn't catch that I was eligible for the Earned Income Tax Credit until I specifically went looking for it. Other tax software I've used in the past would automatically suggest credits you might qualify for, but FreeTaxUSA seems to rely more on you knowing what to look for. That said, once I got everything entered correctly, the actual filing process was smooth and my refund came through without issues. Just be prepared to do more legwork yourself compared to the hand-holding you get with more expensive options.
That's really good to know about the import issues and missing credit suggestions. I'm coming from TurboTax too and was hoping the transition would be smoother. Did you find any workarounds for the carryover items, or did you just have to dig through your old returns manually? Also curious if you stuck with FreeTaxUSA this year or went back to something else after that experience.
I used FreeTaxUSA for the first time this past tax season and ran into a pretty specific but annoying issue. The software had trouble handling my HSA contributions correctly when I had both employer and personal contributions in the same year. It kept double-counting one of them, which would have led to an incorrect deduction. I caught the error during my final review, but it took quite a bit of digging through the forms to figure out where the problem was occurring. Their help documentation on HSA reporting was pretty sparse compared to other topics. Eventually got it sorted out, but it made me nervous about what other edge cases might not be handled well. The price is definitely right, and for straightforward tax situations it seems solid. But if you have any slightly unusual circumstances, just make sure to double-check everything carefully before filing. The software doesn't always catch calculation errors that might seem obvious.
Nia Thompson
Has anyone used Gusto for both payroll AND S-Corp compliance help? Their website says they offer S-Corp services but im not sure if that's enough or if I still need a separate tax person?
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Mateo Rodriguez
ā¢I use Gusto for payroll with my S-Corp and it's great for the basics - they handle the payroll tax filings, W-2s, etc. But they DON'T handle the actual 1120-S filing or help with strategic tax planning. I still need my accountant for that. Their S-Corp "services" are mostly just educational materials and reminders.
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Paolo Esposito
You're definitely not too late for 2024! The March 15th deadline mentioned earlier is for existing businesses, but if you're converting from an LLC to S-Corp election, you have different options. You can file Form 2553 and request late election relief if you missed the standard deadline - the IRS is pretty reasonable about this for valid business reasons. Given your $140k profit, the tax savings will be substantial. You're looking at saving around $9,800 in self-employment taxes annually (assuming you set a reasonable salary around $70k). For your existing setup, you're already ahead of most people - Gusto handles payroll perfectly for S-Corps, and Wave will work fine for bookkeeping. The main additions you'll need are: - Quarterly 941 payroll tax returns (Gusto can handle these) - Annual 1120-S business return - Reasonable salary documentation - More careful expense tracking I'd recommend finding a CPA who specializes in S-Corps for the initial setup and annual filing. You don't need monthly CPA services - quarterly check-ins during your first year should be sufficient. Look for someone who can help justify your salary choice and ensure you're maximizing the tax benefits. The complexity increase is manageable, especially with your existing systems in place. The tax savings alone will more than cover the additional professional fees.
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Anastasia Smirnova
ā¢This is really helpful, Paolo! I'm curious about the "reasonable salary documentation" you mentioned - what exactly do I need to document? Is it just researching comparable salaries in my industry, or are there specific forms or records the IRS expects to see? I want to make sure I'm bulletproof on this since it seems like the biggest risk area for S-Corps. Also, when you mention quarterly check-ins with a CPA during the first year, what should those cover? I assume it's not just "hey, how's it going" but more structured reviews of specific compliance items?
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