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Has anyone mentioned that you need to actually record the mortgage or deed of trust with your county for this to work? My wife and I did a similar loan with her parents and we skipped that step thinking the promissory note was enough. BIG mistake - we got audited and lost the entire mortgage interest deduction for that year!
Oh that's scary! How did the IRS find out? Did they specifically ask for proof the loan was recorded with the county?
The IRS actually requested documentation during the audit to prove the loan was secured by our home. They wanted to see either a recorded deed of trust or mortgage document from the county. When we couldn't provide that, they reclassified it as a personal loan, which meant no mortgage interest deduction. We had to pay back taxes plus interest on the disallowed deduction - ended up costing us about $3,000 total. Recording the document with the county usually only costs $50-100, so definitely don't skip that step like we did!
This is such great information from everyone! As someone who just went through this exact process with my parents' loan for our home purchase, I want to emphasize a few key points that really helped us: 1. **Recording is absolutely critical** - Like Sophia mentioned, you MUST record the deed of trust or mortgage with your county recorder's office. This typically costs $50-150 depending on your county, but it's what makes the loan "secured by your home" in the IRS's eyes. 2. **Interest rate matters** - We used the AFR rate plus 0.25% when we signed our loan last year. You can find current AFR rates by searching "IRS Applicable Federal Rates" - they're updated monthly. This keeps you safe from imputed interest rules while still being fair to your parents. 3. **Keep excellent records** - Document everything! The promissory note, recording documents, payment records, and all correspondence. The IRS loves to see a clear paper trail that shows this was a legitimate business transaction, not just family helping family. 4. **Consider getting help** - Whether it's the tax tools people mentioned or a CPA, having someone review your setup before you file can save you thousands if the IRS ever questions it. Much cheaper than dealing with an audit later! Good luck with your first home - family loans can be a great way to get into the market when traditional financing is tough!
I've seen this happen every tax season since 2018. The WMR system has never been reliable during peak periods. Back in 2021, I got completely locked out for 48 hours despite only checking once. The real issue is that the IRS hasn't upgraded their authentication systems in years. They're running ancient COBOL code on mainframes from the 1980s, and it shows. Best approach is to check once every 2-3 days, preferably early morning before system load increases.
Is there any way to know if this is actually an account problem versus a system glitch? I'm nervous because I amended my return and don't want to miss any notifications...
Been dealing w/ IRS systems for yrs & learned the hard way - WMR updates Wed nights/Thurs AM for most ppl. I check ONLY on Thurs mornings now. Haven't been locked out since I started this routine. Saved my sanity lol! π―
I experienced this exact same issue last week! Turns out it was related to my VPN. I had been using a VPN service that apparently shares IP addresses with lots of other users, and someone else must have hit the login limit before me. Once I disconnected the VPN and used my regular internet connection, I was able to access WMR immediately. Might be worth checking if you're using any VPN or proxy services? Also, if you're on public WiFi (coffee shop, library, etc.), that could cause the same problem since multiple people might be checking from the same IP.
Oh wow, the VPN thing makes so much sense! I never would have thought of that. I've been using NordVPN pretty much constantly since I work from home, and I bet that's exactly what happened to me. Going to try disconnecting it next time I check WMR. Thanks for sharing this - you probably just saved me hours of frustration! π
Don't stress too much about this! As a sole proprietor without any formal business registration, you should put your legal name (Esmeralda GΓ³mez) on line 1, leave the business name line blank, check the "Individual/sole proprietor" box, and use your SSN. The key is consistency - whatever you put on the W-9 needs to match how you'll file your taxes. Since you're just doing freelance work under your own name without an LLC or registered business name, keeping it simple with just your personal information is the right approach. Make sure to save a copy of the completed W-9 for your records, and remember you'll need to report this income on Schedule C when you file your taxes next year. You've got this!
This is really helpful! I'm in a similar boat as Esmeralda - just started doing some freelance writing on the side and got my first W-9 request yesterday. I was overthinking it and wondering if I needed to create some official business name, but it sounds like keeping it simple with just my personal info is the way to go. Thanks for breaking it down so clearly!
Just want to add one more thing that might help ease your stress about this! The W-9 form itself has pretty clear instructions - if you look at the back of the form, it explains that sole proprietors should enter their individual name on line 1 and only fill in the business name line if they have a different business name. Since you mentioned you're just doing graphic design work on the side without any formal business structure, you're definitely in the sole proprietor category. Put "Esmeralda GΓ³mez" on line 1, leave line 2 blank, check the "Individual/sole proprietor or single-member LLC" box, and use your SSN in part II. The Friday deadline will be no problem once you realize how straightforward it actually is! And don't forget to keep track of your freelance expenses throughout the year - things like design software subscriptions, computer equipment, etc. can be deductible when you file Schedule C next tax season.
This is exactly the kind of clear, step-by-step guidance I wish I had when I first started freelancing! I made it way more complicated than it needed to be and spent days researching when the answer was right there on the form instructions. One quick addition to your excellent advice - if Esmeralda (or anyone else reading this) does decide to create a business name later, she can always update future W-9s. There's no penalty for starting simple with just your personal name and evolving your business structure over time. Many successful freelancers operate under their personal names for years before deciding they need a formal business entity.
I've been following this discussion and wanted to share another perspective on your asset protection strategy. While everyone's focused on the HSA mechanics, have you considered whether this level of separation is actually necessary under your state's laws? Many states have "transmutation" doctrines where separate property can become marital property if it's commingled, but they also recognize that passive appreciation of separate property remains separate as long as it's properly documented. The key is usually having clear records of the pre-marital value and showing that any growth was due to market forces rather than marital contributions or active management. Before going through complex tracking systems or service fees, you might want to consult with a family law attorney in your state about whether your current HSA structure already provides adequate protection. In some jurisdictions, simply having documentation of your account balance on your wedding date (like a statement) might be sufficient to protect the pre-marital portion, even if the growth occurs in the same account. The rollover approach mentioned by Clay is probably the simplest and most cost-effective solution if you do need clearer separation - it creates an official paper trail without ongoing fees or complex tracking requirements.
This is really solid advice, @StarStrider. I think a lot of people (myself included sometimes) overcomplicate asset protection when simpler documentation might be sufficient. Before I started looking into all these tracking services and rollover strategies, I probably should have just consulted with a family attorney first to understand what level of documentation my state actually requires. Some states are pretty straightforward about recognizing separate property as long as you can show the pre-marital value with basic account statements. The rollover approach does seem like the cleanest solution if you need that extra layer of protection - one transaction, clear paper trail, no ongoing complexity or fees.
Just wanted to add another data point to this discussion. I went through a similar situation last year when I got engaged and was concerned about keeping my HSA assets separate. After reading through all the advice here, I ended up doing the simple rollover approach that Clay and StarStrider mentioned. I transferred my entire HSA balance to a different provider about a month before my wedding. This created a clear paper trail showing the exact value of my pre-marital HSA assets. The process was straightforward - no tax implications since it was a direct trustee-to-trustee transfer, and it took about 2 weeks to complete. My family law attorney confirmed that this documentation would be more than sufficient in our state to establish the pre-marital character of those assets. Any growth after the wedding date is technically marital property, but the original balance plus its proportional share of growth can be traced back to separate property. Much simpler than trying to open a second HSA (which as others confirmed, you can't do without HDHP coverage) or paying for ongoing tracking services. Sometimes the simple solutions really are the best ones.
@Ryan Vasquez, this is exactly the kind of real-world experience that's helpful! Thanks for sharing how the rollover approach worked out for you in practice. I'm curious - did you have any issues with your HSA investments during the transfer process? Like, did you have to liquidate everything to cash and then reinvest with the new provider, or were you able to transfer the actual investment positions? I'm wondering about potential market timing risks if you have to be out of the market for those couple weeks during the transfer. Also, which providers did you use for the transfer? Some HSA providers are definitely easier to work with than others when it comes to rollovers.
GalacticGuardian
I've dealt with this exact same issue! Had a client who got the LTR 3463C for their e-filed 941s, and it turned out to be exactly what others have mentioned - a disconnect between the IRS's electronic filing acceptance system and their signature verification process. The key thing to understand is that this isn't questioning whether your brother filed the forms (they clearly have them since they sent acceptance confirmations). It's just their outdated system flagging the submission for additional verification, especially common when you have mixed quarters like he does - some with payroll activity and some without. Tell your brother to stop stressing and just sign the declaration form and mail it back with a copy of his e-filing confirmations attached. I always recommend sending it certified mail so you have proof of delivery. The IRS will update their records to show proper signature verification and close the case within 4-6 weeks typically. This is purely administrative - no penalties, no audit risk, just bureaucratic box-checking. But definitely don't ignore it because unresolved signature verification issues can eventually be treated as unfiled returns down the road.
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Liam McGuire
β’This is really helpful context! As someone new to dealing with IRS correspondence, I'm curious - when you say to attach copies of the e-filing confirmations, do you mean just the basic confirmation emails from the tax software, or are there specific documents we should include? Also, is there any particular way to format the cover letter when sending back the signed declaration, or do you just send the form by itself?
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Kristin Frank
β’Good question! For the e-filing confirmations, include the main confirmation email from your tax software that shows the IRS accepted the submission - it usually has an acknowledgment number or electronic postmark. If you have any transmission reports or detailed confirmation receipts, those are helpful too. As for formatting, I typically recommend a simple cover letter that references the notice number (LTR 3463C) and states something like "Enclosed please find the signed declaration as requested in your notice dated [date]. Also enclosed are copies of electronic filing confirmations showing these forms were properly submitted and accepted by the IRS on [dates]." Keep it brief and professional. The most important thing is the certified mail - you want that green receipt showing the IRS received your response. I've seen too many cases where people sent regular mail and then had to deal with the IRS claiming they never received the signed declaration.
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Marcus Marsh
I went through this exact same situation last year with my consulting business! Got the LTR 3463C for Q2 and Q3 where I had zero payroll, even though I e-filed through FreeTaxUSA and had confirmation receipts. What I learned from calling the IRS (after waiting 3 hours on hold) is that their system sometimes flags quarters with zero wages for additional verification, especially when it's part of an irregular payroll pattern. The agent explained that the electronic signature was accepted for filing purposes, but they need the manual signature declaration to complete their internal verification process. I just signed the declaration form they sent, attached copies of my e-filing confirmations, and mailed it back certified mail. Got a letter about 6 weeks later confirming the matter was resolved. No penalties, no issues - just their bureaucratic process. Tell your brother to stop being stubborn and just send it back! It's literally a 5-minute task that will close this out completely. The alternative is potentially having this escalate into a much bigger headache down the road if the IRS decides to treat it as an unfiled return.
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Elijah O'Reilly
β’Thanks for sharing your experience with FreeTaxUSA! I'm curious - when you called the IRS and waited those 3 hours, did they give you any insight into why some businesses get these verification requests and others don't? My friend runs a similar consulting business with irregular payroll and has never gotten one of these letters, so I'm wondering if there's something specific that triggers their system to flag certain accounts for additional verification.
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