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I was in your exact situation last year. Make sure you're documenting EVERYTHING about your family business! The distinction between a legitimate business that employs a nanny vs a tax shelter specifically created to deduct personal expenses is crucial. Some things that helped me: - Maintain separate bank accounts for business operations - Have formal employment contracts - Document specific business-related duties of the nanny (vs childcare duties) - Keep detailed timesheets separating business support vs childcare hours - Have a business with genuine income/clients beyond just you and your spouse The IRS scrutinizes these arrangements closely because so many people try to game the system. Better to be conservative with deductions than risk an audit.
Do you have any recommendations for time-tracking software that works well for this specific situation? We need to track when our nanny is doing business-support activities vs pure childcare.
For time tracking, I've found that simple solutions work best for IRS documentation. We use Toggl Track - it lets you create different project categories (like "Business Support" vs "Childcare") and the nanny can easily switch between them on her phone throughout the day. The key is having clear definitions of what constitutes business support. For us, that includes things like answering business calls, light administrative tasks during meetings, maintaining the home office space, and allowing us to take client calls without interruption. Pure childcare activities like meals, playtime, and personal care don't count. We also keep a simple written log as backup documentation. The IRS likes to see contemporaneous records, so having both digital tracking and written notes helps demonstrate legitimacy. Just make sure whatever system you use generates reports that clearly separate the different types of work hours.
One thing that hasn't been mentioned yet - consider whether your family business structure is optimal for your situation. If you're running a consulting practice, you might want to explore whether an S-Corp election could provide additional tax benefits. With an S-Corp, you'd pay yourselves reasonable salaries as employees, which could potentially allow for legitimate business deductions related to employee benefits and workplace support services. However, this is definitely territory where you need professional guidance. Also, make sure you're not missing out on the home office deduction if you're running your consulting business from home. While you can't directly deduct childcare as a business expense, having a properly documented home office can create legitimate business deductions that indirectly help offset your overall tax burden. The key is building a comprehensive tax strategy rather than focusing solely on the childcare deduction angle. Sometimes the best approach is maximizing all available legitimate deductions rather than trying to force one specific expense category.
I just wanted to add that when you file next year, you might want to attach a cover letter explaining the situation along with copies of both the CP565 and CP567, plus a printout of your transcript showing the return was processed successfully. This creates a paper trail that will help if anyone questions the ITIN validity in the future. Also, keep in mind that ITINs expire if not used on a tax return for three consecutive years. So make sure to use it consistently, even if you're filing separate returns in some years. I've seen this exact issue at least 5 times with clients - contradiction between approval and rejection. In every case, when the return was processed with the ITIN, that trumped any rejection notice. The IRS systems just don't communicate well between departments.
Is it true that some ITINs have expiration dates based on when they were issued? I thought I read something about certain ranges of ITINs expiring regardless of use.
Yes, that's correct! The IRS implemented middle digit expiration rules for ITINs. ITINs with middle digits 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88 have already expired and need to be renewed regardless of use. ITINs with middle digits 90, 91, 92, 94, 95, 96, 97, 98, 99 are set to expire at the end of 2024. You can check if your ITIN needs renewal by looking at the middle two digits. If it falls in those ranges, you'll need to submit Form W-7 with "Renewal" checked, even if you've been using the ITIN regularly. The renewal process is similar to the original application but you only need to prove identity (not foreign status again). This is separate from the "three consecutive years of non-use" expiration rule I mentioned earlier.
I'm dealing with a very similar situation right now! My husband (also a nonresident alien) got his ITIN approved in May, we filed our return and got our refund processed, then got a rejection notice in June. Reading through all these responses has been so helpful. I checked our transcript online like several people suggested and it clearly shows our return was processed with his ITIN. That seems to be the key evidence that everything is actually fine despite the confusing rejection notice. One thing I learned from our tax preparer is that these contradictory notices are becoming more common as the IRS updates their computer systems. The different departments don't always sync up in real time, which creates these weird situations where you get approved then rejected (or sometimes the reverse). For anyone else in this boat - definitely keep both notices and check your transcript. If your return was processed and refund issued, you're almost certainly good to go. The processing system is what actually matters, not the automated notices.
Thanks for sharing your experience! It's reassuring to hear from someone going through the exact same thing. I was getting really stressed about whether we'd have problems next year, but it sounds like as long as the transcript shows the return was processed correctly, we should be fine. Did your tax preparer give you any advice about what to do for next year's filing? I'm wondering if I should mention this situation when we file our 2025 return or just proceed normally since the ITIN is clearly working in their system. Also, do you know if there's any way to prevent getting these confusing notices in the future, or is it just something we have to deal with until the IRS gets their systems better coordinated?
TaxSlayer isn't the problem. The IRS is just swamped right now. I'm a tax preparer and clients who filed in January with simple returns are getting paid, but anyone with credits or who filed after Feb 1st is seeing delays across ALL software platforms. Be patient, it'll come!
Filed with TaxSlayer on Feb 5th and still waiting too! I have EIC and ACTC on my return, so sounds like we're all in the same boat with those credits causing delays. My transcript updated yesterday with a 971 notice date but no deposit date yet. At least knowing it's normal processing and not an error makes me feel better. Hang in there - seems like March is when most of us with credits will see movement!
Same here! Filed Feb 8th with TaxSlayer and have both EIC and CTC. My transcript shows the 971 notice too but no movement yet. It's reassuring to know we're all experiencing the same timeline - makes me feel less like something went wrong with my return. Hopefully we'll all see our deposits soon!
Don't forget to check if your state has any inheritance tax too! Federal and state tax treatments can be different. I'm in Pennsylvania and was surprised to learn we have an inheritance tax even when there's no federal estate tax due. Cars might be exempt depending on your state, but it's worth checking.
This is a great question that highlights how inheritance tax rules can create unexpected situations! Just to add one more consideration - make sure you keep detailed records of everything: the loan payoff amount, sale documentation, and whatever evidence you can gather for the car's fair market value at the time of inheritance. Since you sold relatively quickly after inheriting, you might also want to consider whether there were any additional costs involved in the transfer process (title fees, registration, etc.) that could be added to your basis. These aren't usually large amounts for vehicles, but every bit helps when calculating your actual gain. Also, depending on the total amount of your capital gains for the year, you might want to consider the timing of any other asset sales to manage your overall tax situation. If this puts you over certain thresholds, it could affect other parts of your tax return.
This is really helpful advice about keeping detailed records! I'm curious about those additional costs you mentioned - would things like inspection fees or emissions testing that might be required during the title transfer also count toward the basis? I inherited my grandfather's old truck last year and had to get it inspected and do some minor repairs to make it roadworthy before I could sell it. I kept all the receipts but wasn't sure if they were relevant for tax purposes.
Sara Hellquiem
Ughhh dealing with BOFA and the IRS is pure hell. I ended up having to get my congressman's office involved after 3 months of getting nowhere with my missing refund. If you're really stuck, seriously consider contacting your rep - they have caseworkers who deal with this stuff all the time and can cut through the red tape.
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Christopher Morgan
ā¢It hasn't been that long for me yet, but I'll keep this as a last resort option. How did you contact your congressman's office? Just called them?
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Sara Hellquiem
ā¢Yep, just called the local office and explained my situation. They had me fill out a form authorizing them to inquire about my case, and they got it resolved within 2 weeks. Miracles, I tell ya.
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Amina Diop
I'm sorry you're dealing with this frustrating situation! I went through something very similar last year. The confusion comes from the terminology - you don't actually need Bank of America to give you a "trace number." What you need is for the IRS to initiate a payment trace on their end. Here's what worked for me: First, make sure it's been at least 5 business days since the IRS says your refund was deposited. Then you have two options: 1. File Form 3911 (Taxpayer Statement Regarding Refund) with the IRS - you can download it from their website 2. Call the IRS directly at 800-829-1040 to request a payment trace When you contact the IRS, they'll handle reaching out to Bank of America through the proper banking channels. The bank doesn't provide trace numbers directly to customers - it's all handled between the IRS and the bank's ACH department. Before you do anything though, double-check the account and routing numbers you used on your tax return against your actual bank account info. A lot of times these issues happen because of a simple typo in the account number. Hope this helps and you get your refund sorted out soon!
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CosmicCrusader
ā¢This is such a helpful breakdown, thank you! I've been going in circles with this for days. Quick question - when you filed Form 3911, did you mail it or is there a way to submit it online? I'm worried about mailing delays adding even more time to this whole mess.
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Alberto Souchard
ā¢Form 3911 can only be mailed or faxed unfortunately - there's no online submission option. I ended up faxing mine to speed things up (the fax number is on the form). You could also try calling the IRS directly first since that might be faster than waiting for mail processing. I know getting through on the phone is a nightmare, but if you can connect with an agent they can often start the trace process immediately over the phone without needing the form. Just have all your tax return info ready when you call!
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