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Yuki Sato

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Great decision, Sean! This thread has been incredibly educational for everyone involved. As someone who works in financial compliance, I see these types of schemes regularly, and they always follow the same pattern - complex structures that exist primarily for tax avoidance rather than legitimate business purposes. What's particularly valuable about this discussion is how it demonstrates the importance of community knowledge sharing. The collective experiences shared here - from those who nearly fell for similar schemes to those who got audited - create a comprehensive picture that's much more powerful than any single professional opinion. For future reference, the IRS publishes an annual "Dirty Dozen" list of tax scams that often includes these types of abusive tax shelters. They also maintain a list of "reportable transactions" that must be disclosed on tax returns, and many of these software license/LLC arrangements fall into that category. The fact that you trusted your instincts and sought out community input before making a decision shows exactly the kind of due diligence that protects people from financial harm. Your experience will undoubtedly help others who find this thread after being approached by similar companies. Thanks for sharing your story and for the follow-up on your decision. It's a perfect example of how asking the right questions and getting multiple perspectives can save you from very expensive mistakes.

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This whole thread has been such an eye-opener for me as someone who's completely new to understanding these tax schemes. I actually got a very similar pitch from a company called "Health Innovation Partners" just last week, and after reading all these experiences, I can see it follows the exact same playbook - special LLC, $100k software investment, massive tax write-offs, and pressure to decide quickly. What really resonates with me is how everyone emphasized trusting your gut instincts. I had that same "too good to be true" feeling but was starting to second-guess myself because their materials looked so professional and they used a lot of impressive-sounding tax terminology. The point about asking for independent professional references who can verify the strategy is brilliant - when I asked them that question yesterday, they gave me the same runaround about most CPAs not understanding "advanced strategies." That was my red flag moment. Sean, thanks for starting this discussion and for sharing your final decision. You've potentially saved not just yourself but anyone else who finds this thread from making a costly mistake. The collective wisdom shared here is invaluable!

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Rajiv Kumar

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As a tax professional who's been dealing with these schemes for over a decade, I want to applaud everyone who shared their experiences here - this is exactly the kind of community knowledge sharing that protects people from financial predators. Sean, your decision to walk away was absolutely the right call. What strikes me about the My Health CCM pitch is how it hits every single checkbox on the IRS's list of abusive tax shelter characteristics: artificial complexity, disproportionate tax benefits, entity creation solely for tax purposes, and most tellingly, the insistence on using their "approved" professionals. I've represented clients in audits involving virtually identical structures, and the outcomes are consistently bad. The IRS has specific teams dedicated to unwinding these arrangements, and they're very good at it. They'll typically challenge both the inflated valuation of the software licenses AND the business purpose of the entire structure. For anyone else reading this who might be considering similar arrangements, here's my professional advice: if a tax strategy requires you to create new entities, involves transactions primarily with the company selling you the strategy, or promises tax benefits that seem disproportionate to your economic risk, get multiple independent opinions from tax professionals who have ZERO financial relationship with the promoter. The legitimate tax planning world has plenty of genuine opportunities that don't require elaborate schemes or artificial time pressure. Trust your instincts, do your due diligence, and remember that the best tax strategy is one that makes business sense first and tax sense second. Thanks again to everyone who contributed to this invaluable discussion!

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Charlie Yang

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Thank you so much for this professional perspective! As someone who's completely new to this community and just starting to learn about tax strategies, your breakdown of the IRS's specific characteristics for abusive tax shelters is incredibly helpful. Your point about the IRS having dedicated teams to unwind these arrangements is both reassuring and terrifying - reassuring that they're actively protecting people from these schemes, but terrifying to think about what would happen if someone got caught up in one. I'm curious - when you mention that the outcomes are "consistently bad" in audits, what's the typical timeline? Do these audits happen quickly after filing, or do people sometimes think they've gotten away with it for years before the IRS catches up? Also, your advice about getting opinions from professionals with "ZERO financial relationship" to the promoter really drives home how important independence is in this process. It seems like these companies deliberately try to control the entire ecosystem of advice around their schemes. This whole thread has been such an education for someone like me who had never even heard of these types of arrangements before. Thank you for sharing your professional expertise!

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22 One thing nobody's mentioned is using a dedicated credit card for your cash withdrawals. I have a business credit card that I ONLY use for ATM withdrawals for inventory purchases. Then in my records, I note which items were purchased with which withdrawal. Creates a clear paper trail from credit card statement → cash withdrawal → inventory purchase → sale. My accountant loves this system!

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1 That's a really smart approach! Do you withdraw exact amounts for specific purchases, or do you take out larger sums and then allocate them across multiple buys?

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22 I typically withdraw in rounded amounts ($200, $500, etc.) and then track which items I purchase with that specific withdrawal. In my spreadsheet, I have a column for "Funding Source" where I note "Withdrawal #12 - 5/15/25" so I can trace each purchase back to a specific withdrawal. When I'm planning to hit several marketplace pickups in one day, I'll make a single withdrawal for all of them. The key is maintaining that clear record of which cash came from where and went to what. I also keep a small business notebook in my car where I jot down details immediately after each purchase, which helps prove I'm tracking contemporaneously rather than reconstructing later.

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Chloe Martin

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As someone who's dealt with similar documentation challenges, I'd strongly recommend also keeping a mileage log specifically for your business trips. The IRS allows you to deduct business mileage at the standard rate, and those pickup trips to Facebook Marketplace sellers definitely qualify. I use a simple app that tracks my location and lets me categorize trips as business or personal. For each pickup, I log the starting point, destination, and business purpose ("Inventory purchase - iPhone 12"). This adds up to significant deductions over time and creates another layer of legitimate business expense documentation. Also consider photographing the items with a timestamp when you first acquire them, then again when you list them for sale. This visual documentation helps establish the business nature of your purchases and can be valuable supporting evidence if questioned.

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Great point about the mileage deduction! I hadn't thought about how much those pickup trips could add up to. Do you have a specific mileage app you'd recommend? I've been manually logging miles but it's pretty tedious and I'm worried I'm missing some trips. Also, the timestamp photo idea is brilliant - that would really help show the timeline of when I acquired items versus when I sold them. Do you just use your phone's regular camera or is there a special app that embeds better timestamp data?

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Aiden Chen

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Important point that hasn't been mentioned yet - the timing of UBIT tax payments. If your expected UBIT tax will exceed $500 for the year, your IRA must make quarterly estimated tax payments using Form 990-W. Missing these payments can result in penalties, and many self-directed IRA investors don't realize this until it's too late. I learned this the hard way last year and got hit with penalties.

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Zoey Bianchi

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Is there any way to avoid UBIT altogether with these types of investments? Would a Roth IRA be treated differently than a traditional IRA for UBIT purposes?

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Kaitlyn Otto

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Unfortunately, there's no way to completely avoid UBIT if you're investing in debt-financed real estate through any type of IRA - both traditional and Roth IRAs are subject to the same UBIT rules. The tax treatment is identical regardless of IRA type. However, there are a few strategies that can minimize UBIT exposure: 1. Look for syndications that use less leverage (lower debt-to-equity ratios) 2. Consider investing in REITs instead of direct real estate LLCs, as publicly traded REITs don't generate UBIT 3. Some sponsors structure deals with a "blocker corporation" that can shield investors from UBIT, though this adds complexity and costs The key is understanding that UBIT exists to prevent tax-exempt entities from having unfair advantages in leveraged investments. So any debt-financed income will trigger some level of taxation, regardless of your IRA structure.

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One thing I wish I had known before investing my IRA in a real estate syndication - make sure to get clarity on exactly how the sponsor will handle K-1 distribution timing. My syndication was supposed to issue K-1s by March 15th, but they were delayed until mid-April, which made it impossible to file my IRA's Form 990-T by the deadline. This created a cascade of problems because my custodian charges a $150 late filing fee, plus I had to file for an extension and pay penalties to the IRS. The delay also meant I couldn't accurately project my UBIT liability for the following year's estimated payments. Another consideration - some syndications have "side letters" or management agreements that could potentially create prohibited transaction issues if there are any relationships between the sponsor and other service providers. I learned to specifically ask sponsors about any affiliated entities providing services to the LLC, as this could complicate the prohibited transaction analysis for IRA investors. The due diligence process for IRA investments in syndications is much more complex than regular investing, but the returns can justify the extra effort if you do your homework properly.

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Lauren Zeb

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This is really helpful - the K-1 timing issue is something I hadn't considered. I'm looking at a syndication deal right now and the sponsor mentioned they typically get K-1s out by March 1st, but you're right that delays can happen. Did you end up having to pay estimated taxes for the following year even though you couldn't accurately calculate them due to the late K-1? I'm trying to figure out if I should just assume a worst-case scenario for my first year's estimated payments to avoid penalties, or if there's a safe harbor provision that applies to IRAs like there is for individual taxpayers. Also, when you mention "side letters" - are these separate agreements beyond the main operating agreement? I want to make sure I'm asking the right questions during due diligence.

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I've been audited before (not fun) and the IRS specifically questioned my "office supplies" category which included snacks and drinks. The auditor told me personal consumption items aren't deductible even if they help you work. BUT they did allow the coffee service I had for client meetings as a 50% business meal expense. Keep good records of who visited and when if you're claiming those contractor coffee expenses!

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Yikes, being audited sounds terrifying! Did you have to pay back taxes plus penalties for the disallowed expenses? Was the whole process as horrible as I imagine?

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Yes, I had to pay back the taxes I would have owed if I hadn't taken those improper deductions, plus interest on that amount. They didn't assess additional penalties because they determined it was an honest misunderstanding rather than deliberate tax evasion. The process wasn't quite as scary as I expected, but it was definitely stressful and time-consuming. The audit took about three months from start to finish, with several meetings and lots of documentation requests. The best protection is keeping detailed records and being conservative with deductions when you're in gray areas.

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Emma Morales

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This is such a common question for home-based business owners! I went through the same confusion when I started my consulting business. The key thing I learned is that the IRS looks at whether an expense is "ordinary and necessary" for your business AND whether it's primarily for business vs. personal use. For your daily coffee and energy drinks that you consume while working, these are generally considered personal expenses because you'd likely drink coffee/beverages regardless of whether you were working or not. The IRS views this as personal consumption that happens to occur during work hours. However, you're absolutely right about the contractor situation! When you provide refreshments to contractors, clients, or other business visitors in your home office, those costs are typically deductible as business entertainment expenses (usually at 50% of the cost). Just make sure to keep detailed records - date, who visited, business purpose, and receipts. One strategy some business owners use is setting up a dedicated "client refreshment" area with separate supplies specifically for business visitors. This makes it easier to track and justify those deductions while keeping your personal consumption separate. The bottom line is: be conservative with personal consumption items, but don't miss out on legitimate deductions for business hospitality!

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This is really helpful advice! I like the idea of setting up a separate "client refreshment" area - that would definitely make the record-keeping cleaner and easier to justify during an audit. Quick question though - if I buy coffee in bulk (like those big containers from Costco) and use some for myself daily but also serve it to contractors when they're here, how would I handle the deduction? Do I need to try to calculate what percentage went to business vs personal use, or is it easier to just not deduct any of it and buy separate supplies specifically for business visitors? I'm thinking the separate supplies approach might be worth it just for the peace of mind and cleaner bookkeeping, even if it costs a bit more upfront.

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Malik Thomas

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Is your wife considered of counsel or an employee of a firm? That can change how this is reported. My wife is of counsel and her firm takes 40% of any referral fee (their policy), so she only gets 60% of it, but it's still reported on a 1099-NEC to her, not a W-2.

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This is an important question! The classification matters hugely. At my firm, associates don't get referral fees at all - partners get them as part of their partnership distribution (K-1). Every firm has different policies.

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Aidan Hudson

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One more thing to consider - since this is a substantial one-time payment ($48,000), you might want to look into whether you can make a SEP-IRA contribution to reduce the tax burden. If your wife treats this as self-employment income on Schedule C, she may be able to contribute up to 25% of her net self-employment earnings to a SEP-IRA (after deducting half of the self-employment tax). This could potentially allow her to shelter several thousand dollars from current taxation while building retirement savings. The contribution deadline would be the tax filing deadline (including extensions), so you'd have some time to set it up if you decide to go this route. Also, don't forget to factor in state taxes if you're in a state that has income tax - this referral fee will likely be subject to state income tax as well as federal.

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This is really helpful advice about the SEP-IRA option! I hadn't even thought about using this windfall to boost retirement savings while reducing the tax hit. Quick question though - since my wife also has a regular W-2 job with a 401(k), are there any limits or complications with also doing a SEP-IRA for her self-employment income? I want to make sure we don't accidentally exceed any contribution limits across both accounts.

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