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Has anyone tried negotiating an Offer in Compromise? I've heard you can settle for pennies on the dollar but not sure if that's just marketing hype from those tax relief companies.
My brother got an OIC approved last year, but he had to prove serious financial hardship. They look at your assets, income, expenses - everything. He ended up settling about $45k for around $12k, but only because he had medical issues that prevented him from working full time and very few assets. If you have a decent income or any significant assets (home equity, retirement accounts, etc), you probably won't qualify. The IRS has a pre-qualifier tool on their website that's pretty accurate.
I went through something similar with about $25k in back taxes a couple years ago. Here's what I learned: 1. **Don't panic** - The IRS actually wants to collect what you owe, so they're motivated to work with you rather than let it sit unpaid. 2. **Start with an installment agreement** - For your amount ($28k), you can likely get a 72-month payment plan online. That would be roughly $390/month, but you can often negotiate lower payments if you can show financial hardship. 3. **Consider Currently Not Collectible status** if you truly can't afford payments right now. This pauses collection activities while you get back on your feet financially. 4. **File any missing returns immediately** if you haven't already - the IRS can't work with you on payment plans until all required returns are filed. 5. **Avoid most tax relief companies** - they charge thousands for what you can do yourself. The legitimate ones that might be worth it are few and far between. The key is being proactive. Once you have an agreement in place, the stress drops dramatically. I was able to get my monthly payment down to something manageable and even got some penalties waived for first-time non-compliance. Don't let this consume you - there are definitely solutions available.
Went through this exact situation last year. The Tax Court has consistently upheld that the date of mailing a properly written check is the date of contribution, provided it's eventually cashed. Treasury Reg. 1.170A-1(b) is definitely your friend here. I'd try one more approach with the charity - ask to speak with their Director of Development or CFO, not just the regular receipting staff. Explain that while you understand their internal cutoff policies, the tax law is clear about when a donation is considered made. If they still won't budge, document everything and claim it on your 2022 return anyway. Just be sure to keep all your evidence (certified mail receipt, copy of the check, their 2024 acknowledgment, and your communications requesting correction).
This is definitely a situation where I'd also recommend keeping a clear paper trail. I've heard from friends who work in the IRS that donation timing disputes are common, especially with year-end contributions. Sometimes the organizations just don't understand the tax rules that apply to donors.
I've been following this discussion and wanted to add my experience as someone who dealt with a very similar situation. The advice here about the mailbox rule and Treasury Regulation 1.170A-1(b) is spot on. What worked for me was being persistent but polite with the charity. I called their main number and asked to speak with someone in their finance or development department who handles tax compliance, rather than just the general receipting staff. I explained that their internal deadlines don't override IRS regulations for donor deductibility. I also mentioned that issuing incorrect tax documentation could potentially create problems for both the donor and the organization if questioned by the IRS. Most nonprofits want to maintain good relationships with donors and avoid any compliance issues, so framing it this way often gets better results. If you do end up claiming it on your 2022 return with the documentation you have, make sure to keep a copy of your letter or email to the charity requesting the correction. This shows good faith effort to get proper documentation and strengthens your position if there are any questions later. The bottom line is you're absolutely right about the tax treatment - don't let their accounting convenience override your legitimate deduction rights!
I went through something very similar when I sold my Magic: The Gathering collection last year. Had about $8,000 in sales but definitely sold most cards at a loss from what I originally paid. Here's what I learned: You're right that you generally won't owe income tax on personal items sold at a loss, but you still need to handle the 1099-K properly. I created a simple spreadsheet with three columns: Item Description, Estimated Original Cost, and Sale Price. For items where I couldn't remember exact prices, I used current retail prices from when I bought them (you can often find historical pricing data online for video games). The key is being reasonable and consistent with your estimates. Don't lowball the sale prices or inflate the original costs, but honest estimates based on your memory and research are acceptable. I also took photos of my collection before selling and kept screenshots of completed eBay listings as additional documentation. When tax time came, I reported the 1099-K income but offset it by showing these were personal items sold at a loss. No issues with the IRS at all. The important thing is having some documentation of your thought process, even without original receipts.
This is super helpful, thank you! I never thought about looking up historical pricing data online - that's a really smart approach for establishing reasonable cost basis estimates. Did you find good sources for historical video game prices, or was it more of a general research approach? Also, when you say you "offset" the 1099-K income, did you do that on Schedule 1 or did you use a different form? I want to make sure I handle this correctly since my collection value is pretty substantial.
Great question! For video game historical pricing, I found PriceCharting.com to be incredibly helpful - they have historical data going back years for most games. You can also check Wayback Machine snapshots of GameStop, Best Buy, or Amazon for retail prices from specific time periods. For really old games, I looked at forums and collector sites that discussed original MSRP. Regarding the offset, I used Schedule 1 and reported the 1099-K amount on line 8i "Other Income" with a description like "eBay sales - personal items." Then I attached a statement showing my cost basis calculations and noting these were personal items sold at a loss, so the net taxable income was $0. Some tax software makes this easier than others - TurboTax let me add explanatory text, but with other software I had to attach a separate document. Since your collection is worth $13,500, I'd definitely recommend keeping detailed records and maybe even consulting with a tax professional for the first year you do this. The documentation approach I described worked well for my $8K situation, but with your higher dollar amount, having professional guidance on the proper reporting method could save you headaches later. The key is being thorough and transparent about your methodology.
This is exactly the kind of detailed guidance I was hoping to find! Thank you for mentioning PriceCharting.com - I had no idea that resource existed. As someone who's been gaming for over a decade, I know I paid retail or close to it for most of my collection, but having actual historical data to back up my estimates will make me feel much more confident if the IRS ever questions anything. The Schedule 1 approach with an attached statement sounds like the way to go. I'm definitely leaning toward getting a tax professional involved for this year given the dollar amount involved. Better to spend a few hundred on proper guidance than potentially mess up a $13,500 reporting situation. Really appreciate you sharing your real-world experience with this - it's so much more helpful than just theoretical advice!
Has anyone mentioned the filing status yet? He should be filing as Head of Household, not Single, if he's claiming dependents! This makes a HUGE difference in tax brackets and standard deduction.
This isn't quite right. He would only qualify as Head of Household if he's claiming a qualifying person (like their child) AND he pays more than half the cost of keeping up the home where the qualifying person lives. However, he can't claim Head of Household based on claiming his girlfriend as a dependent. Since they're not married, he'd likely file as Single and claim both his girlfriend and their child as dependents on his return. The child would give him the possibility of Head of Household status, not the adult dependent girlfriend.
One thing I haven't seen mentioned yet is that you should also consider setting aside some money for next year's taxes even with the adjusted withholding. When you have dependents and are the sole income earner, sometimes the withholding calculations don't account for all the nuances of your specific situation. My partner and I were in a similar spot two years ago - I stayed home with our twins and he adjusted his W-4. Even though we followed all the guidance, we still ended up owing about $800 at tax time because of some credits that didn't get factored in properly to the withholding. Now we just put an extra $50-75 per month into a separate savings account as a tax buffer. It's given us so much peace of mind, and if we don't need it for taxes, it just becomes extra savings for the family. Better to be prepared than get surprised with a big bill when you're already stretching the budget with a new baby!
This is such great advice! I never thought about setting aside extra money just in case. With a new baby on the way, having that financial cushion sounds really smart. Do you think $50-75 per month is usually enough, or does it depend on income level? We're trying to plan our budget carefully since I won't be working at all this year.
Emily Jackson
Another option: you can actually get your wage and income transcript directly from the IRS website which will show any 1099s filed for you. Go to IRS.gov and search for "Get Transcript Online." If nothing shows up for that company, they probably haven't filed it yet. Also, keep in mind you're supposed to get your 1099s by January 31st. If companies don't comply, they can face penalties. The IRS actually takes this seriously because they want the tax revenue from contractors.
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Luca Esposito
ā¢Thanks for this tip! I just checked the IRS transcript and you're right - nothing from this company shows up at all. Looks like they haven't filed anything. Does this mean I'm definitely going to have issues with my return?
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Emily Jackson
ā¢No, you won't necessarily have issues with your return. The fact that nothing shows up actually supports your case - it shows the company hasn't fulfilled their obligation. Just report the income accurately based on your bank records. If they file late and there's a discrepancy, the IRS will more likely question the company than you, especially if your reported amount is higher than what eventually gets reported. The key is documentation - keep those bank statements and records of your attempts to contact them.
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Liam Mendez
Had this same problem last year. What I did was file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with my return. This is for when you were treated as an independent contractor but should actually have been an employee. The benefit is you only pay the employee portion of FICA taxes (7.65%) instead of the full self-employment tax (15.3%). Check out the criteria on the form - if you were essentially working like an employee (they controlled your schedule, provided equipment, etc.), this might apply to you and save you some money.
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Sophia Nguyen
ā¢This is interesting but also sounds risky. Couldn't this trigger an audit if you're claiming the company misclassified you?
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Pedro Sawyer
ā¢It can potentially trigger scrutiny, but if you legitimately meet the criteria for employee classification, it's completely legal and proper to file Form 8919. The IRS actually wants to identify misclassification because employers owe their share of FICA taxes too. The key is being honest about the working relationship - if they set your hours, told you how to do the work, provided tools/equipment, and you worked primarily for them rather than having multiple clients, you might have a case. But if you truly worked independently, stick with reporting it as contractor income on Schedule C. @Liam Mendez - did the IRS follow up with you or the company after you filed Form 8919?
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