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Don't overlook the basis adjustment issues with QSBS when gifting. If you gift shares to a trust, the trust takes your basis (carryover basis), but if you wait and the shares pass at death, the basis gets stepped up to fair market value. This means that if your primary goal is QSBS stacking, gifting during life makes sense. But if you expect the value to grow beyond the $10M QSBS exclusion per trust, you might be better off keeping some shares to pass at death to get the basis step-up. Also, make sure you're monitoring the "active business" requirement - if your company starts accumulating too many investments or has too much passive income, you could jeopardize the QSBS qualification altogether.
That's a great point about basis step-up vs QSBS exclusion. Is there a simple rule of thumb for when one strategy is better than the other? Like if you expect shares to be worth more than $X, hold until death, otherwise gift for QSBS stacking?
@Freya Nielsen raises a crucial point about the tradeoff. Generally, if you expect the total gain per trust to exceed around $15-20M, the basis step-up at death might be more valuable than the QSBS exclusion during life. This is because the QSBS exclusion caps at $10M per trust, but basis step-up applies to the full fair market value. However, this assumes you can reliably predict timing and values, which is tough with startups. Plus, you lose the benefit of removing future appreciation from your estate with lifetime gifts. For most founders, I d'recommend a hybrid approach: gift enough shares now to maximize QSBS benefits across multiple trusts while (values are still reasonable for gift tax purposes ,)but retain some shares to potentially benefit from basis step-up if the company becomes extremely valuable. The key is running the numbers with different scenarios and not putting all your eggs in one tax basket.
This is such a timely discussion! I'm dealing with similar QSBS planning questions for my SaaS company. One thing I haven't seen mentioned yet is the importance of getting a qualified appraisal done before making any gifts to trusts. The IRS pays close attention to valuation discounts when gifting private company shares. Since you're gifting minority interests in a closely-held company, you can often apply discounts for lack of control and marketability - sometimes 20-40% depending on your company's specifics. This means you can gift more shares while using less of your lifetime exemption. Also, consider the timing around any board resolutions or major company decisions. If you're planning to authorize a new stock option pool or make other decisions that could affect valuation, coordinate the timing of your gifts accordingly. The other thing to watch out for is making sure your company doesn't inadvertently lose QSBS status. I've seen companies lose qualification because they acquired too many assets that weren't used in the active business, or because they started holding too much cash without a clear business purpose. Keep detailed records of how any excess cash is being used for business operations.
This is really valuable advice about the appraisal and valuation discounts - I hadn't considered that angle! Quick question: do you need to get the appraisal done by a specific type of firm, or would any qualified business appraiser work? Also, how close to the gift date does the appraisal need to be completed? I'm wondering if I should get one done now even if I'm not planning to execute the gifts for another few months.
Having been through audit reconsideration myself, I strongly recommend faxing a hardship letter to the specific department handling your case. Make it ONE page only, explain the immediate financial impact (can't pay rent, etc), and request expedited processing. Include your case/reference number at the top. In my experience, a short fax got more attention than calls or multi-page letters. The IRS is drowning in paperwork, so making your hardship clear and concise can help get your case pulled from the stack.
Thanks for the tip! I didn't even think about faxing them. Do you happen to know where I can find the fax number for the reconsideration unit? My CPA just said to wait it out but I'm literally about to be evicted.
The fax number for audit reconsideration is usually on your original audit letter or any correspondence you've received about the reconsideration case. If you can't find it, try calling the general IRS number (1-800-829-1040) and ask them to transfer you to the audit reconsideration unit - they can give you the direct fax number for your specific case. Also, when you fax the hardship letter, include a cover sheet with "URGENT - ECONOMIC HARDSHIP" at the top in bold. Include your SSN, case number, and phone number where they can reach you immediately. Sometimes they'll call within 24-48 hours if they see genuine hardship documented properly. Don't wait for your CPA on this - you have the right to communicate directly with the IRS about your own case, especially regarding collection actions that are causing immediate financial distress.
I'm so sorry you're going through this financial nightmare. The IRS audit reconsideration process is painfully slow, but there are definitely steps you can take to get some relief while you wait. Since you're only left with $980/month after the levy, you absolutely qualify for economic hardship relief. Here's what I'd recommend doing immediately: 1. File Form 911 with the Taxpayer Advocate Service - this is specifically designed for cases like yours where collection actions are preventing you from meeting basic living expenses. 2. Request Currently Not Collectible (CNC) status by submitting Form 433-F. With your income level, you should qualify easily. 3. Contact the IRS collections department directly and request a temporary release of the levy based on economic hardship. Be persistent - document everything. The reconsideration process typically takes 6-18 months right now due to backlogs, but the financial hardship relief can happen much faster - sometimes within 2-4 weeks if you push hard enough. Also, make sure your CPA is actively following up on your case every 2-3 weeks. Don't just wait for those form letters - have them call and get status updates. You have the right to know what's happening with your case. Hang in there - this will get resolved, but you need to be proactive about the hardship relief while you wait.
Thanks everyone for all the helpful info! Just to add one more tip - if you're mailing your Form 8892, make sure you're using the current version of the form. The IRS updates forms periodically and they won't accept outdated versions. You can always download the most current Form 8892 from the IRS website at irs.gov. I made the mistake of using a form I had saved from a previous year and had to redo everything. Also, double-check that you're including all required information like your name, SSN, and the specific reason you need the extension - incomplete forms can get rejected and you'll lose valuable time. The certified mail suggestion from earlier posts is spot on. It's worth the extra few dollars for peace of mind, especially when you're cutting it close to the deadline.
Just wanted to share my experience from last year - I was in almost the exact same situation as you! I needed to extend only my Form 709 gift tax return, not my regular income taxes. One thing that really helped me was creating a simple checklist before mailing my Form 8892: - Current year's form downloaded from IRS.gov (not an old version) - All personal info filled out completely (name, SSN, address) - Specific reason for extension clearly stated - Estimated tax payment included (I rounded up to be safe) - Sent via certified mail with tracking The whole process was actually pretty straightforward once I stopped overthinking it. The hardest part was just accepting that yes, you really do have to mail it in - no e-file option. But the postmark rule gives you some flexibility as long as you don't wait until the last minute. Also, keep copies of everything you send, including the certified mail receipt. You'll want that documentation just in case there are any questions later.
This checklist is super helpful! I'm a first-time gift tax filer and feeling pretty overwhelmed by the whole process. Quick question - when you say "specific reason for extension clearly stated," what kind of detail does the IRS expect? Is it enough to just say something general like "need additional time to gather documentation" or do they want more specifics about what exactly you're waiting for? Also, did you have any issues with the certified mail process? I've never sent anything certified before and want to make sure I don't mess up that part of it.
You know what's interesting about this situation? The IRS actually has a right to hold your current refund against prior year liabilities. But what if you don't actually owe anything for those prior years? What if you were due refunds? You might be thinking "I don't need to file because I'd get money back" but there's a 3-year statute of limitations on claiming refunds. So you might want to calculate if you're actually due money from those unfiled years before they expire. The IRS won't remind you to claim your refunds before they expire, will they?
I went through this exact nightmare in 2022. The IRS held my $4,800 refund for 11 months while I scrambled to file 2019, 2020, and 2021 returns. Here's what I learned: First, prioritize getting your transcript immediately - it shows exactly which years are flagged and what hold codes are active. Second, file those missing returns electronically if possible, but don't stress if you have to paper file - both work, electronic is just faster for processing. Third, once you file the back returns, call the Practitioner Priority Line (855-821-0944) and ask them to manually review your account for hold release. I found this line had shorter wait times than the general taxpayer line. The agent was able to see my filed returns in the system and expedited the refund release. Total timeline from filing my last missing return to receiving my refund was 8 weeks. Stay persistent and document everything!
Thank you for sharing your experience - this is incredibly reassuring! I'm in a similar situation and the 11-month timeline honestly sounds better than I was expecting. Quick question about the Practitioner Priority Line - did they ask for any special credentials or verification when you called, or can regular taxpayers use that line? I've been hesitant to try it because the name suggests it's only for tax professionals. Also, when you say "manually review your account for hold release," did the agent give you a specific timeframe for when that review would be completed?
Emma Wilson
The IRS did something similar to my girlfriend last month! They claimed she hadn't filed for 2020 and 2021, but she definitely had and even had her copies and confirmation numbers. Make sure you keep ALL your tax records, especially confirmation numbers if you e-file! When you get your issues resolved, request an account transcript for all the years in question. It'll show everything that's happened with your account and any remaining balances. You can get these online now through the IRS website if you create an account.
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QuantumQuasar
β’Thanks for the advice. I just checked my account transcript online and it looks like they had sent notices to an old address I haven't lived at for 2 years. I thought I had updated my address with them but apparently it never got processed. Do you know if there's any way to dispute the garnishment after the fact since I never received the notices? I'm going to request an official transcript copy for my records too.
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Emma Wilson
β’Unfortunately, it's very difficult to dispute a garnishment after it's been processed, even if you never received notices. The IRS considers it your responsibility to keep your address updated with them, separate from any address changes you make with USPS. Your best bet is to request a Taxpayer Advocate to review your case. Explain that you never received notices because they were sent to an old address. Sometimes they can help in situations where standard IRS procedures caused undue hardship. In the meantime, definitely get those transcripts and keep copies of everything!
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Malik Thomas
Was in a similar situation in January. Recommendations: 1. Request transcripts for ALL years in question 2. File form 911 for Taxpayer Advocate help 3. Check if you qualify for First Time Penalty Abatement 4. Set up payment plan ASAP (even tiny payments) 5. Document EVERYTHING 6. Make sure ALL your addresses are updated with IRS Good luck!
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Isabella Oliveira
β’What's First Time Penalty Abatement? I keep seeing people mention it but don't know if I qualify.
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