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Has anyone ever been audited for claiming points that were technically paid by the builder? I'm in a similar situation and tempted to just claim them since it seems like such a gray area, but worried about consequences.
I wouldn't risk it without proper documentation. My brother-in-law is a CPA and says the IRS has been looking more closely at mortgage interest deductions in recent years. If your 1098 shows $0 points paid and you claim them anyway, that's a pretty obvious discrepancy that could trigger questions.
I actually went through an IRS audit last year for this exact situation with my Pulte home from 2021. I had claimed about $4,800 in points that were technically paid through a builder incentive program, similar to your situation. The auditor was surprisingly reasonable about it. She explained that what really matters is the economic substance of the transaction, not just who technically wrote the check at closing. In my case, I was able to show that I had negotiated a higher purchase price specifically to get the incentive that covered the points, which meant I was effectively paying for them through my mortgage. The key documentation that saved me was my purchase agreement which showed the original list price, then the "adjusted" price that included the incentive value, and email correspondence with my sales rep discussing how we were using the incentive for rate buydown. The auditor accepted this as evidence that I had constructively paid for the points. That said, she did mention that not all builder incentive situations would qualify - it really depends on how your specific transaction was structured and documented. I'd definitely recommend keeping very detailed records and maybe getting professional advice before claiming the deduction if you're unsure.
Whatever you do, avoid those "Tax Relief" places that advertise on the radio! I made that mistake and paid $3000 upfront only to discover they just filed basic paperwork I could have done myself. Total ripoff.
I went through this exact situation about 18 months ago - 5 years unfiled, similar amount owed. Here's what I learned: 1. Don't panic about the amount you think you owe. My "rough calculation" was way off because I hadn't accounted for legitimate business deductions and the standard deduction increases over those years. 2. Start with getting your IRS transcripts immediately - you can request them online at irs.gov. This will show you exactly what income the IRS has on file for each year. 3. Look for an Enrolled Agent rather than a CPA if possible. EAs specialize specifically in tax issues and IRS representation. The National Association of Enrolled Agents website has a "find an EA" tool. 4. When interviewing professionals, ask specifically about their experience with multiple years of unfiled returns and how they handle penalty abatement requests. A good professional should mention First Time Penalty Abatement and reasonable cause arguments. 5. Be prepared to pay the professional fees upfront - legitimate tax professionals don't work on contingency like those scammy relief companies. The whole process took about 4 months for me, but getting it behind me was such a relief. You're smart to handle this proactively rather than waiting for the IRS to come after you.
Sorry for the tangent, but does anyone know how this works in European soccer with transfer fees? They have that weird system where teams pay each other millions to basically "buy" a player's contract from another team. Are those direct purchases treated differently than how American sports handle trades?
European soccer is completely different! Those transfer fees are actual purchases of player registration rights. The selling club records it as revenue (sometimes partially allocated to "training compensation"), and the buying club capitalizes it as an intangible asset and amortizes it over the length of the player's contract. It's more straightforward in some ways than US sports trades, but gets complicated with sell-on clauses (where the original club gets a percentage of future transfers) and solidarity payments to youth clubs. Each country also has slightly different tax treatments too.
This is such a fascinating area of taxation! One thing that adds another layer of complexity is how different types of compensation within player contracts are treated. For example, signing bonuses are typically amortized over the contract length for cap purposes but may be immediately deductible for tax purposes, while performance bonuses might be contingent liabilities that aren't recognized until earned. Also worth noting that when teams relocate or change ownership, there can be some really complex basis adjustments and recapture issues with previously amortized player contracts. I had a client situation a few years back where a team sale triggered unexpected ordinary income recognition on contracts that had been treated as capital assets. The interaction between salary cap accounting (which follows league rules) and tax accounting (which follows IRS rules) can create some interesting planning opportunities for teams, especially around contract restructuring and the timing of bonus payments.
Has anyone actually tried deducting it without having a specific medical condition? I'm 37 and just not ready for kids yet but worried about my clock ticking. I don't have cancer or PCOS or anything - just normal age-related concerns.
I deducted mine last year (I'm 36) with no specific condition other than age. My doctor wrote a letter explaining that egg quality and quantity naturally decline with age, and this procedure preserves normal reproductive function. Framed it as preventative medicine essentially. No issues with my return, but I did make sure to have solid documentation.
This thread has been incredibly helpful! I'm 34 and have been putting off this decision partly due to cost. Based on what everyone's shared, it sounds like the key is getting proper medical documentation that frames egg freezing as preservation of reproductive function rather than just "not being ready." A few follow-up questions for those who've been through this: 1. Did your insurance cover any portion that you then couldn't deduct (since you can't double-dip)? 2. How detailed did your doctor's letter need to be - just a paragraph or multiple pages? 3. For those who itemized, what other medical expenses helped you reach that 7.5% AGI threshold? I'm definitely going to discuss this with my fertility clinic and see what documentation they can provide. The potential tax savings could make this much more feasible for me financially.
Kendrick Webb
Just to add something important - if your in-laws were primarily living on Social Security and VA benefits, there's a good chance they weren't required to file at all. Many people don't realize this. For example, in 2022, a married couple over 65 only needed to file if their gross income exceeded $28,700. Social Security is often not counted in this calculation unless they had other substantial income. VA benefits are generally tax-free. Before you panic about years of unfiled returns, find out if they were even required to file. This could be much simpler than you think!
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Isaiah Sanders
ā¢Thank you for mentioning this! I had no idea there were income thresholds where filing wasn't required. That makes me feel a bit better about the situation. Their mobile home was probably worth about $25,000 and they had no other major assets. Do you know if the IRS can tell us whether they were required to file for those years?
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Kendrick Webb
ā¢Yes, the IRS can absolutely help determine if they were required to file. When you contact them (either directly or through a service like others mentioned), ask specifically for "wage and income transcripts" for the years in question. These will show all income reported to the IRS under their Social Security numbers. The value of their mobile home actually doesn't factor into the filing requirement - it's based on income, not assets. Given what you've described, it sounds very possible they weren't required to file. The 1041-ES forms you received are likely related to the estate itself, not their personal unfiled returns, which is a separate matter that the IRS can clarify when you speak with them.
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Hattie Carson
One thing nobody's mentioned - you should check if the estate itself needs to file a return. Form 1041-ES is for estimated tax payments for estates and trusts. If the estate generated income after your in-laws passed (like interest on accounts, sale of assets, etc.), the estate might need to file its own return separate from your in-laws' personal returns. Usually this only applies if the estate earned more than $600 in income before assets were distributed to heirs. Did the estate have any income-generating assets that weren't immediately distributed?
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Isaiah Sanders
ā¢Thank you for bringing this up! There was a small checking account with maybe $3,000 that earned some interest, and a life insurance policy that paid out about $15,000. Would the life insurance payout count as estate income? We distributed everything pretty quickly after getting the insurance money, probably within 2-3 months.
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Ava Garcia
ā¢Life insurance proceeds paid directly to beneficiaries are generally not taxable income to the estate, so that $15,000 likely wouldn't count toward the $600 threshold. However, any interest earned on the $3,000 checking account while it was in the estate's name could count as estate income. The key question is whether the total interest and any other income earned by the estate (not the beneficiaries) exceeded $600 between the date of death and when assets were distributed. If it was just a few months and a small checking account, you're probably talking about maybe $10-20 in interest at most. When you call the IRS, ask them to clarify both the personal filing requirements for your in-laws AND whether the estate itself needs to file Form 1041. They can look at all the tax documents filed under both the individual SSNs and the estate's EIN (if one was assigned) to give you the complete picture.
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