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I run a small business and got absolutely DESTROYED by one of these ERC mills last year. They convinced me I qualified for $175,000 in credits, took their 28% fee ($49,000!!), and then disappeared when the IRS sent me a notice questioning the claim. Now I'm working with a real CPA to sort through this mess, and it turns out I probably only qualified for about $30,000 in legitimate credits. So I'm potentially on the hook to repay $145,000 PLUS penalties and interest. Meanwhile, the ERC mill is nowhere to be found, and their website is down. The worst part is their contract specifically stated they're "not tax preparers" even though they literally prepared and filed the amended returns. They also claimed no responsibility for audit results. I'd 100% support banning these contingency fees.
That's horrible! Have you considered filing a complaint with the FTC or your state attorney general? Some states are starting to go after these mills for deceptive practices, and your case sounds like a perfect example. Also, did they give you any kind of written analysis explaining why they thought you qualified?
I did file complaints with both the FTC and my state AG's office. The AG's office actually responded and said they're collecting information on these kinds of cases, so hopefully something comes of it. They gave me a superficial "analysis" that basically just restated the qualification criteria without actually analyzing my business's specific situation. It was clearly designed to look official but didn't contain any meaningful analysis. My new CPA said it looks like they just used a template and changed the name and dollar amounts. Looking back, I should have been more skeptical, but they had fancy marketing materials and testimonials that seemed legitimate.
Coming from a tax policy perspective, this move by the IRS makes perfect sense. The ERC mills exploit a regulatory gap - they're not technically "tax preparers" under current definitions even though they're preparing amended returns to claim tax credits. Something similar happened with the EITC (Earned Income Tax Credit) years ago. Preparers would charge huge contingent fees to file for credits that taxpayers often didn't qualify for. When regulations tightened around EITC claims, the accuracy of claims improved significantly. The big difference is timing - EITC fraud can be caught during initial processing, while ERC claims are often paid out first, then audited later. This means businesses can be hit with unexpected repayments years later, long after they've spent the money.
Do you think this will affect legitimate claims though? I'm worried that making it harder to file might prevent businesses that actually qualify from getting the credit. My restaurant legitimately qualified (we kept paying employees during shutdowns) but I wouldn't have known how to claim it without professional help.
One additional consideration that hasn't been mentioned yet - since you and your sister both received the property together via the quitclaim deed, you'll likely need to determine how to split the capital gains tax liability when you sell. The tax consequences will depend on whether you're considered joint tenants or tenants in common, which should be specified in the quitclaim deed. Also, make sure to factor in selling costs (realtor commissions, closing costs, etc.) when calculating your capital gains - these can be deducted from your gain to reduce the taxable amount. Given that the property has appreciated significantly since the 90s and you're using your father's original basis, every deduction will help minimize your tax burden. If the capital gains are going to be substantial, you might want to consider an installment sale if your buyers are willing - this allows you to spread the tax liability over several years rather than taking the full hit in 2025.
Great point about the installment sale option! I hadn't considered that as a way to spread out the tax burden. How does that work exactly - do you need special language in the purchase contract, or is it something that gets structured at closing? Also wondering about the joint ownership aspect you mentioned. The quitclaim deed just says "Emma Wilson and [Sister's Name]" - does that automatically make us tenants in common, or would it need to specify that explicitly? We're planning to split everything 50/50, so I want to make sure we handle the tax reporting correctly. One more question - when you mention selling costs being deductible, does that include things like staging costs or minor repairs we might do before listing? We're thinking about doing some touch-up painting and maybe replacing some fixtures to help with the sale.
I went through something very similar with my father's property last year. One thing that really helped us was getting a professional appraisal of the property value as of the date your father executed the quitclaim deed, not just when he originally purchased it. While you can't get the step-up in basis that comes with inheritance, if your father made any significant improvements over the years, those can be added to his original basis. Also, don't forget about depreciation recapture if your father ever claimed depreciation on the property (like if he rented it out at any point). This gets taxed as ordinary income up to 25%, not at the capital gains rate. For the Form 709 question - yes, your sister should file this with his final return if the property value exceeded the annual gift exclusion ($17,000 in 2023). The good news is that it likely just reduces his lifetime gift/estate tax exemption rather than creating an immediate tax liability. One strategy we used was timing the sale carefully. Since you received the property in June, waiting until after June 2025 to close ensures you get long-term capital gains treatment. Even a few weeks difference in timing could save you significantly if it moves you from short-term to long-term rates.
I'm dealing with a similar situation - have K1s from 3 different private equity funds and TurboTax keeps throwing errors when I try to enter some of the more complex line items. One of my K1s has income from like 8 different countries and TurboTax just can't seem to handle all the foreign tax credit calculations properly. Reading through these responses, it sounds like there are definitely better options out there. The taxr.ai suggestion is interesting - I've never heard of specialized K1 analysis software before but it makes sense that something purpose-built would handle this better than general tax software. Has anyone here dealt with K1s that include both regular partnership income AND REIT distributions? That's where I'm really getting stuck with the current software I'm using.
I haven't dealt with that exact combination, but I had a similar nightmare scenario with K1s that included both partnership income and qualified REIT dividends from a fund-of-funds structure. TurboTax completely mangled the reporting - it was trying to classify everything as regular partnership income instead of properly separating the REIT portions that needed different tax treatment. From what I'm reading in this thread, it sounds like the more specialized software options like Drake or the taxr.ai tool might be better equipped to handle these mixed investment structures. The foreign tax credit issues you're describing sound exactly like what I dealt with last year - TurboTax just doesn't seem built to handle K1s with income from multiple jurisdictions properly. Have you considered reaching out to one of your PE fund administrators? Sometimes they can provide guidance on which software their other investors have had success with for similar reporting situations.
I've been wrestling with this exact same issue! Last year I had K1s from two PE funds and TurboTax was absolutely terrible at handling the foreign income components. One of my K1s had income from operations in Germany, UK, and Singapore, and TurboTax kept miscategorizing the foreign tax credits. I ended up having to manually override so many entries that I lost confidence I was doing it right. The worst part was when it came to the Section 199A deduction calculations - TurboTax seemed to have no clue how to properly separate the different types of income for the 20% pass-through deduction. Reading through all these responses, I'm definitely going to try some of the alternatives mentioned here. The Drake software suggestion sounds promising, and that taxr.ai tool is intriguing - I had no idea there was specialized software just for analyzing K1s. For anyone else in this boat, I'd also recommend keeping really detailed notes about what income goes where on your K1s. The PE fund administrators sometimes provide supplemental guidance that helps clarify the more confusing line items, but you have to ask for it specifically.
This is so validating to read! I thought I was going crazy trying to figure out why TurboTax kept messing up my foreign tax credits. I have a similar situation with PE investments across multiple countries and the software just seems to give up when you have more than basic domestic income. The Section 199A issues you mentioned really hit home - I spent hours trying to figure out if my PE income qualified for the pass-through deduction and TurboTax's guidance was basically useless for anything beyond simple rental properties or straightforward business income. I'm definitely going to look into the Drake software and that specialized K1 analysis tool. At this point I'd rather spend a bit more upfront than deal with the stress of wondering if I've reported everything correctly. Thanks for the tip about asking the fund administrators for supplemental guidance - I never thought to do that but it makes total sense they'd have insights from dealing with other investors' questions.
Does anyone know if the tax treatment changes depending on whether this was inherited directly or through a trust? My dad left his rental properties in a living trust, and I'm trying to figure out if the depreciation rules are different.
For most revocable living trusts, the property is still treated as if it was inherited directly for tax purposes, including depreciation. The trust is essentially invisible to the IRS in these cases. But if it's an irrevocable trust or another special type, there could be different rules. Worth checking with a professional about your specific situation.
I'm dealing with a very similar situation with my grandmother's duplex that I inherited 6 months ago. She had been depreciating a new furnace and water heater for about 3 years before she passed. One thing I learned that might help you - make sure to get a professional appraisal done close to the date of death if you haven't already. This establishes your stepped-up basis for the property itself, which is separate from continuing the depreciation on those specific improvements your mom was already depreciating. Also, if your mom used a tax preparer, definitely reach out to them first. They should have all her depreciation schedules and can walk you through exactly what needs to continue and what starts fresh. My grandmother's CPA had everything organized in a way that made the transition much smoother than trying to piece it together myself. The IRS Publication 946 has a section on inherited property depreciation that's actually pretty helpful once you get past all the technical language. Good luck with everything!
This is incredibly helpful advice! I hadn't even thought about getting a professional appraisal done, but that makes total sense for establishing the stepped-up basis. Do you know roughly how much that typically costs? I'm definitely going to track down my mom's tax preparer - I think she used the same CPA for years but I lost touch after she passed. That sounds like it would save me a lot of headache trying to reconstruct everything from scratch. Thanks for mentioning Publication 946 too. I've been avoiding diving into IRS publications because they seem so intimidating, but if there's a specific section on inherited property depreciation, that's probably worth the effort to understand.
Aisha Khan
One thing to watch out for is that sales tax rates can vary even within the same state! I live in a city with an additional local tax on top of the state rate, so I pay 8.25% total. But if I ship to my parents' house just 20 miles away in a different county, it's only 6.75%. Some online retailers have gotten really sophisticated with their tax calculations and will charge you the exact tax for your specific address, while others might just use a general state rate. That might explain some of the differences you're seeing.
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Ethan Taylor
ā¢Yes! This happens to me all the time. I live right on the border of two different tax districts and sometimes I ship to my work address to save on the tax difference. It's only about 1% but on big purchases that adds up.
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Oliver Wagner
This is such a timely question! I just went through this exact confusion last month when I was shopping for holiday gifts online. What really helped me understand it was realizing that the whole system changed dramatically after the 2018 South Dakota v. Wayfair Supreme Court case. Before that ruling, online retailers only had to collect sales tax if they had a physical presence in your state. Now, states can require tax collection based on economic thresholds - like if a company sells over $100,000 or makes 200+ transactions in your state per year. That's why you're seeing such inconsistent tax charges between different websites. For your specific situation in Nebraska, you should be paying tax based on your delivery address (destination-based), but only if the retailer has met Nebraska's economic nexus threshold. If they haven't, legally you're supposed to pay "use tax" when you file your state return, though as others mentioned, most people don't actually do this for small purchases. The travel scenario you mentioned is interesting - yes, you'd pay tax based on the hotel's location since that's where the item is being delivered. I learned this the hard way when I had something shipped to my cousin's place in a high-tax city!
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Angelina Farar
ā¢Thanks for explaining the Wayfair case! That really clarifies why things changed so much. I had no idea there was a Supreme Court ruling that completely shifted how online sales tax works. It makes sense now why some of my older online orders from a few years ago had no tax at all, but the same retailers charge me tax now. Do you know if there's an easy way to find out which companies have reached that economic threshold in Nebraska? It would be helpful to know in advance whether I'll be charged tax when shopping around for prices.
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