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I just dealt with this last year! I started a photography business, spent about $1200 on equipment and a website, but only made $200 in actual revenue. My tax guy said I could absolutely deduct all those expenses against my other income. The key thing he told me was to show a "profit motive" - basically that I'm trying to make money, not just pursuing a hobby. He had me create a simple business plan, keep logs of time spent working on the business, and document all my marketing efforts. I filed a Schedule C showing a loss for the first year and had no issues. Don't forget you can also deduct home office expenses if you have a dedicated space for the business, even pre-launch!

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Did ur tax guy mention anything about having to make a profit in 3 out of 5 years? I heard the IRS considers it a hobby if u keep losing money year after year.

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Amina Bah

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Yes, that's the "hobby loss rule" - if you show losses for more than 2 out of 5 consecutive years, the IRS might presume it's a hobby rather than a business. But it's just a presumption, not an automatic disqualification. You can still prove business intent with documentation like business plans, marketing efforts, professional advice you've sought, time and effort invested, etc. The rule is more about preventing people from writing off expensive hobbies as "businesses" indefinitely.

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Emma Wilson

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Great question! I went through something similar when I started my consulting business. Based on my experience and what I learned from my CPA, you should definitely be able to deduct those $650 in startup costs. The IRS considers you "in business" when you're actively working toward launching with genuine profit intent - which it sounds like you clearly have. Your website development, inventory purchases, and business cards all demonstrate legitimate business activity, even without sales yet. A few tips that helped me: - Keep a detailed log of all business-related activities (even time spent researching suppliers, working on your website, etc.) - Save all communications with vendors, web developers, etc. as proof of active business pursuit - Consider getting an EIN if you haven't already - it helps establish business legitimacy - Document your business plan and marketing strategy, even if informal When you file, you'll likely use Schedule C and can claim up to $5,000 in startup costs for your first year. The remaining expenses can be amortized over 15 years. Since you're clearly working toward launch (not just daydreaming), you should be fine claiming these as legitimate business expenses. Just make sure to keep excellent records in case the IRS ever asks questions. Good luck with your launch!

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Sofia Price

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Has anyone handled the situation where an employee makes an 83(b) election but then leaves before the shares fully vest? Our standard RSA agreement has a clawback provision for unvested shares, but I'm unclear on the tax implications for the employee and our reporting requirements in that scenario.

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This is actually a common scenario with some tricky implications. When an employee makes an 83(b) election and then forfeits unvested shares upon departure, they've essentially paid taxes on income they never fully received. The employee can claim a capital loss (not an ordinary income deduction) when they forfeit the shares. However, this loss is limited to the amount they actually paid for the shares, not including any taxes they paid on the phantom income through the 83(b) election. From the employer reporting perspective, you don't need to issue any corrected tax forms. The original income reporting was correct at the time of the 83(b) election. The employee's capital loss is handled on their personal tax return in the year of forfeiture.

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Sofia Price

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Thanks for the clarification! That makes sense but feels a bit unfair to the employee. Sounds like they're basically stuck with having paid taxes on income they ultimately never received, since a capital loss deduction is typically less valuable than an ordinary income deduction. Is there any way to structure our RSA program to mitigate this risk for employees, or is this just an inherent downside of making the 83(b) election?

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Quick question about RSA tax reporting - which tax forms need to be filed with the IRS when RSAs are initially granted? Is there something similar to the 3921 for ISOs?

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Owen Jenkins

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Unlike ISOs (which require Form 3921) or ESPPs (which require Form 3922), there's no special information return required for RSA grants. The income is simply reported on Form W-2 when the tax event occurs (either at grant with an 83(b) election or at vesting without one). However, if the RSAs are being granted to non-employees like consultants or board members, you would report the income on Form 1099-NEC rather than a W-2.

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Thanks! That's actually simpler than I expected. So just to be crystal clear - for a standard employee RSA grant with no 83(b) election, we just add the value of the vested shares to their W-2 as they vest, and there's no additional filing required?

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You might want to check if your state return was accepted, even if the federal one is still pending. Sometimes, oddly enough, the state processes faster than federal. It could potentially indicate that your federal return is at least partially moving through the system, though I wouldn't take that as definitive proof of anything.

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I'm experiencing the exact same issue! Filed Thursday morning with investment income from some stock sales and it's still showing "transmitted" in my software. This is definitely unusual - in previous years my returns were always accepted within 24 hours. Based on what others are saying about the enhanced validation for Schedule D forms, it sounds like we just need to wait it out. The IRS seems to be taking extra time to cross-reference our reported gains with the 1099-B forms they received from brokerages. Frustrating when you're used to quick processing, but at least it doesn't seem to be an error on our end.

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I'm in the same boat! Filed Friday with some dividend income and it's been radio silence since then. Really reassuring to hear from others that this seems to be the new normal for investment returns. @Sebastian Scott - did your software give you any indication of where it might be stuck, or just the generic transmitted "status?" I m'trying to figure out if there s'any way to tell the difference between normal delay versus an actual problem.

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I'm new to this community but currently facing the exact same EIN classification issue with my consulting LLC. We accidentally selected corporation instead of LLC with partnership taxation when applying for our EIN about 8 months ago, and just discovered the mistake while preparing our first year tax filings. This thread has been absolutely invaluable! The step-by-step guidance about Form 8832 and late election relief under Rev. Proc. 2009-41 has given me a clear path forward. I'm particularly thankful for the emphasis on documenting consistent partnership operations - we've been splitting profits according to our ownership percentages and making joint business decisions from day one, so I have solid evidence to support our case. I'm planning to follow the approach outlined by several members here: filing Form 8832 with the EIN issue date as the effective date, including a comprehensive reasonable cause statement, and attaching documentation of our consistent partnership behavior (operating agreement, distribution records, joint decision-making examples). One thing I wanted to add that might help others - when I called the IRS yesterday to check on processing times, the agent mentioned they're seeing fewer delays on Form 8832 submissions that include thorough documentation upfront. She emphasized that complete initial submissions with clear reasonable cause statements and supporting evidence tend to move through the system faster than those that require follow-up requests for additional information. Thanks to everyone who shared their experiences and success stories. It's reassuring to know this is a common, fixable mistake when you have the right documentation and approach!

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Welcome to the community! I'm also new here and just starting to navigate a similar EIN classification mistake with my small business. That's really helpful information about the IRS agent mentioning fewer delays for thorough Form 8832 submissions. It reinforces what I've learned from reading through everyone's experiences here - taking the time to compile comprehensive documentation upfront seems to be key to getting this resolved efficiently. Your situation sounds very similar to mine - we've also been operating as a true partnership from the beginning with proportional profit distributions and shared decision-making. Reading about your approach of using the EIN issue date as the effective date and including detailed evidence of partnership operations gives me confidence in my own preparation strategy. I'm curious - when you spoke with the IRS agent about processing times, did they give you any sense of what the current timeframe looks like for Form 8832 corrections? Some earlier posts mentioned 3-4 months, but I'm wondering if that's still accurate given the backlogs everyone's been dealing with. Thanks for adding that insight about complete initial submissions moving faster. It's motivating me to be extra thorough in gathering all my supporting documentation before filing. This community discussion has been such a lifesaver for understanding the process!

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I'm new to this community and dealing with almost the exact same situation! My business partner and I filed for our EIN about 6 months ago and accidentally selected "corporation" instead of "LLC with partnership taxation." We only caught the mistake recently when meeting with our accountant about upcoming tax filings. Reading through this entire thread has been such a relief - it's incredible to see how many others have faced this same issue and successfully resolved it. The detailed guidance about Form 8832 and Rev. Proc. 2009-41 has given me a clear roadmap that I didn't have before. What's particularly helpful is seeing the emphasis on documenting consistent partnership behavior from day one. We've been operating exactly like a partnership - making joint decisions, splitting profits based on our ownership percentages, taking draws instead of salaries, and our bank account is set up for partnership taxation. Now I understand how crucial it is to compile all this evidence to support our reasonable cause statement. I'm planning to follow the approach that's worked for so many here: file Form 8832 with our original EIN date as the effective date, include a comprehensive reasonable cause statement referencing our consistent partnership operations, and attach supporting documents like our operating agreement and distribution records. One thing I'm wondering - for those who successfully got their classification corrected, did you send your Form 8832 via regular mail or use a specific mailing method? I want to make sure it doesn't get lost in the system given all the IRS processing delays people have mentioned. Thanks to everyone who shared their experiences and advice. This community discussion has transformed what felt like an overwhelming problem into a manageable process with clear steps!

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Don't forget to check state tax rules for clergy housing allowances! Federal excludes it from income tax but includes it for SE tax. But states vary wildly - some follow federal exclusion, others tax it fully, and some have special clergy provisions. In my state of California, the housing allowance is excluded from income for state tax purposes if it qualifies for federal exclusion. But I have a clergy client who moved from Pennsylvania where they DO tax housing allowances. Make sure you know your state rules!

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Good point about state variations! Do you know if there's a good resource that lists how each state handles clergy housing allowances? I've looked around but haven't found a comprehensive guide.

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I don't know of a single comprehensive guide for all states. Your best bet is to check with your specific state's department of revenue or taxation. Most have publications or sections of their tax guides dedicated to clergy income. For the most complex states, denominational offices often provide state-specific guidance for their ministers. The Church Law & Tax organization also has some good state-by-state resources, though you might need a subscription to access the detailed information.

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Paolo Marino

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One thing nobody mentioned - make sure your clergy client is aware of the Parsonage Allowance Lawsuit situation. Some court cases have challenged the constitutionality of the housing allowance exclusion as a violation of separation of church and state. The latest case (Gaylor v. Mnuchin) upheld the allowance, but it's been challenged multiple times. Just something to be aware of since this area of tax law could potentially change in future years.

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Amina Bah

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Is there actually any real chance of this benefit going away? My pastor client is planning his finances around this exclusion for years to come. Should I be warning him that this might not be something he can count on long-term?

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The housing allowance has survived multiple constitutional challenges over the decades, so I wouldn't panic about it disappearing overnight. The most recent decision in Gaylor v. Mnuchin actually strengthened the precedent by ruling it doesn't violate the Establishment Clause. That said, it's always wise to diversify tax planning strategies. I tell my clergy clients to take advantage of the exclusion while it exists, but also build other tax-advantaged savings like maximizing retirement contributions. The benefit has been around since 1954 and has strong support from religious organizations across all denominations, so any change would likely be gradual with plenty of advance notice. Your pastor should definitely use the exclusion for current planning, but having backup strategies isn't a bad idea for long-term financial planning.

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