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Ask the community...

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Zara Mirza

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I'm actually going through something similar with a different payroll service. What happens if you don't get this resolved before the filing deadline? Is it better to file an extension or try to file with the substitute form?

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NebulaNinja

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You should definitely file an extension if you can't get this resolved before the deadline. Form 4868 gives you until October to file your return, though you still need to pay any estimated taxes by the regular deadline. The extension just gives you more time to sort out the documentation issues without penalties for late filing.

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Omar Zaki

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I went through this exact situation with my S-Corp a few years back when my payroll company went out of business mid-year. Here's what I learned from my CPA and the IRS: 1. **Document everything** - Keep records of all your attempts to contact Gusto, including dates, times, and what they told you. Screenshot any emails or chat conversations. 2. **Know your rights** - As others mentioned, Gusto has a legal obligation to provide your W-2 regardless of your subscription status. The fact that they processed payroll for you creates this responsibility. 3. **Form 4852 is your friend** - If Gusto continues to refuse, Form 4852 (Substitute W-2) is the legitimate IRS-approved solution. Make sure to use your final paystub's year-to-date totals, as these should match what was reported to Social Security. 4. **Consider state requirements too** - Don't forget that you may also need state wage statements depending on where your LLC was based. The good news is that this situation is more common than you'd think, and the IRS has established procedures to handle it. Just make sure all your numbers are accurate and you have documentation showing your good faith efforts to obtain the proper W-2.

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This is really helpful advice! I'm curious about the state requirements you mentioned - how do you find out what your specific state needs? I had my LLC registered in Delaware but was working from California, so I'm not sure which state's requirements apply to my situation.

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StormChaser

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Important note that I learned the hard way: How you CLAIMED the depreciation matters, not just how you COULD HAVE claimed it. If you took accelerated depreciation under MACRS or Section 179 expensing, the recapture rules still apply to what you actually deducted. In your example, even tho your selling at a loss overall, make sure your keeping good records of exactly what depreciation method you used and how much you claimed each year.

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Does the type of software used for calculating depreciation matter? I've been using QuickBooks and wondering if I should trust their calculations for my equipment sales.

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Thais Soares

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I went through something very similar with machinery I sold last year. Your calculation is spot on - since you're selling below your adjusted basis of $13,300 ($26,500 - $13,200), you have an ordinary business loss of $6,500 that you can deduct. No depreciation recapture applies here. One thing to watch out for though - make sure you have proper documentation of the original purchase price and all depreciation claimed. The IRS may want to see Form 4797 for the sale of business property, and you'll need to show the depreciation schedule. Also, if this equipment was claimed under Section 179 expensing in addition to regular depreciation, the loss calculation works the same way but the paperwork gets a bit more complex. The key thing to remember is that recapture only kicks in when there's actually a gain above your adjusted basis. In loss situations like yours, you're essentially getting an ordinary deduction that can offset other business income, which is actually more favorable than a capital loss would be.

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Daniel Price

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Just wanted to add another perspective on the record-keeping aspect since I've been filing as a professional gambler for 3 years now. Beyond just tracking wins/losses, you really need to document the TIME aspect - the IRS wants to see that you're putting in substantial hours like any other business. I keep a detailed log of hours spent researching teams, analyzing stats, watching games for betting opportunities, and even time spent placing bets and managing my bankroll. Last year I logged over 30 hours per week on average, which really strengthened my case for professional status. Also, don't forget about business expenses you can deduct as a professional: sports data subscriptions, computer equipment, part of your internet bill, even travel expenses if you attend games for research purposes. These deductions can add up significantly and aren't available to casual gamblers. One last tip - consider setting up a separate business bank account and credit card exclusively for your gambling activities. This makes it much easier to track everything and shows the IRS you're treating this as a legitimate business operation rather than just recreational gambling.

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Miguel Ramos

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This is really helpful advice! I'm curious about the business bank account setup - did you open it as a sole proprietorship or do you need to have some kind of formal business entity established first? Also, when you say you logged 30+ hours per week, are you including time spent actually watching the games you bet on, or just the research and analysis portions? I'm trying to get a realistic sense of what the IRS considers "substantial" time investment. I definitely spend a lot of time on research and following teams, but I want to make sure I'm tracking the right activities to support my case.

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For the business bank account, I opened it as a sole proprietorship using my SSN - you don't need a formal business entity like an LLC. Most banks will let you open a business account as a sole proprietor, just bring documentation showing your business activity (I used my betting statements and a simple business plan I wrote up). Regarding the time tracking, I include everything that's directly related to making informed betting decisions: researching team stats, injury reports, weather conditions, line shopping across different sportsbooks, and yes, watching games when it's for analysis purposes (like tracking how teams perform in certain situations). I don't count just casually watching games for entertainment. I also track time spent on bankroll management, reviewing my betting history for patterns, and even time spent learning new betting strategies or reading books about sports betting. The key is showing that you're approaching this systematically and putting in the effort you would for any other business. 30+ hours might sound like a lot, but when you break it down - say 2-3 hours of research per day plus watching key games and managing your portfolio - it adds up quickly. The IRS doesn't have a specific hour requirement, but they want to see that it's a substantial commitment, not just casual activity.

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This is such a timely post for me! I'm in a very similar situation - made about $52k profit from sports betting last year but my tax forms showed over $400k in "income" which completely messed up my financial aid applications. One thing I learned the hard way is that you really need to start thinking about this early in the tax year, not after the fact. I'm already setting up better record-keeping systems for 2024 based on the advice here about tracking time spent and maintaining business-like documentation. The point about FAFSA is huge - I had no idea that gambling winnings would be reported as gross income rather than net profit for financial aid purposes. It basically made me ineligible for any need-based aid even though my actual take-home was much more modest. For anyone else in this situation, I'd definitely recommend consulting with a tax professional who has experience with gambling income. The rules around professional vs. casual gambling status are pretty nuanced and the stakes are high if you get it wrong.

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I'm dealing with almost the exact same issue! Made around $38k profit but showing $320k in gross winnings on my forms. The FAFSA impact is killing me - I had to basically give up on some graduate programs because the financial aid office saw that inflated income number and assumed I didn't need any help. I'm definitely going to look into filing as a professional gambler for 2024. Did you end up finding a tax professional who specializes in gambling income? I've called a few CPAs but most seem pretty unfamiliar with the professional gambler rules and just give generic advice about keeping records. Also curious - are you tracking your time retroactively for this year or starting fresh? I know I spend tons of time researching but never thought to actually log it until reading these comments.

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1099-K Venmo IRS Rules for Reimbursements Between Partners - Will Grocery Splitting Trigger Tax Issues?

My partner and I have been living together for about 2 years and we've got this system for managing our grocery expenses. I put everything on my personal credit card, and at the end of each month, we go through all the receipts and divide them up. Sometimes we do a straight 50/50 split, other times we assign specific items to whoever wanted them, then split the rest. We've been using Venmo for her to pay me back her portion, and we always label the transactions as "May grocery settlement" or "June food reimbursement" or something similar. We usually toss the paper receipts after we've done our calculations, but we do maintain a spreadsheet that tracks what each of us owes. With all the news about the 1099-K threshold changes for Venmo, I'm getting worried: 1) Should I be concerned about getting a 1099-K for these reimbursements? If I do receive one, how do I explain to the IRS that these aren't actual income but just my partner paying her share of our groceries? We don't keep the physical receipts, just our spreadsheet tracking. 2) We're getting married next spring - once we're officially married, would it make more sense to just get a joint credit card and avoid the Venmo transfers altogether? 3) Does anyone have better suggestions for how couples should handle shared expenses that won't trigger potential tax headaches? Looking for the most convenient approach that keeps both the IRS and my future spouse happy!

Amina Diop

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The 1099-K threshold was supposed to drop to $600 for 2023, but the IRS delayed it again and kept it at $20,000. So you probably won't even get a 1099-K unless you're receiving over $20,000 in Venmo payments. But even if the threshold does change for 2024 taxes (filing in 2025), reimbursements aren't taxable income. Just make sure your Venmo descriptions clearly show these are reimbursements (which it sounds like you're already doing) and keep your spreadsheet as documentation.

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Actually, the IRS delayed it but only for 2023. For 2024 (what we'll file in 2025), the $600 threshold is currently scheduled to take effect, though there's always a chance they'll delay it again. So this is definitely still a concern for next year.

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As someone who's dealt with similar roommate reimbursement situations, I can confirm that the IRS generally doesn't consider personal reimbursements as taxable income. The key is proper documentation - your spreadsheet tracking is actually perfect for this. A few practical tips from my experience: 1) Keep taking those photos of receipts on your phone before tossing them - it takes 2 seconds and gives you backup documentation 2) Your Venmo descriptions are spot-on - clear labels like "grocery reimbursement" make it obvious these aren't income transactions 3) Consider opening a joint credit card even before marriage if you're comfortable with it - many banks allow this for domestic partners, and it eliminates the transfer issue entirely The 1099-K threshold situation is still evolving, but even if you do receive one, you'll just report it and then offset it as a reimbursement. Your documentation will easily support this if questioned. Don't stress too much about it - the IRS is mainly targeting people hiding business income, not couples splitting grocery bills!

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This is really helpful advice! I'm curious about the joint credit card option for domestic partners - do most major banks actually allow this? I've been hesitant to look into it because I wasn't sure if we needed to be legally married first. Also, when you say "offset it as a reimbursement," do you mean there's a specific form or line item for this, or is it more of a general explanation you provide with your return?

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Yara Khoury

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Quick tip for everyone - SAVE YOUR RECEIPTS! I learned this the hard way when I got audited two years ago over my scholarship tax treatment. Make sure you keep: - All scholarship/grant award letters showing amounts and conditions - Course syllabi that list required materials - Receipts for everything you're counting as a qualified expense - Any communication from your school about required equipment The IRS specifically questioned my computer purchase until I showed them the department requirement letter stating all students needed a laptop with certain specifications. Without that documentation I would've been hit with additional taxes plus penalties.

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How long do you need to keep this documentation? I graduated 3 years ago but now I'm worried about potential audits from my scholarship years.

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Sean Doyle

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Generally you should keep tax records for at least 3 years from when you filed the return, but I'd recommend keeping scholarship documentation for 6-7 years to be safe. The IRS has 3 years to audit in most cases, but if they suspect you underreported income by more than 25%, they have 6 years. Since scholarship taxation can be complex and mistakes are easy to make, the longer statute of limitations could apply. Better to hold onto those syllabi and receipts a bit longer than risk not having documentation if questions come up later!

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Diego Vargas

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Great discussion everyone! Just want to add one more thing that might help @Giovanni Ricci and others - the IRS has a specific worksheet in Publication 970 (Tax Benefits for Education) that walks you through exactly how to calculate the taxable vs. non-taxable portions of your scholarship. The key distinction is that scholarship money used for "qualified education expenses" (tuition, fees, required books, supplies, and equipment) is tax-free, while money used for anything else (room, board, travel, research, personal expenses) is taxable income. For your specific situation Giovanni - if your program explicitly requires the laptop and software, keep documentation showing that requirement. The $650 in textbooks should definitely qualify if they were required for your courses. The housing stipend portion you mentioned is indeed taxable as you suspected. One tip that saved me headaches: create a simple spreadsheet showing your total scholarship amount, then subtract out each qualified expense with supporting documentation. Whatever's left over is your taxable scholarship income that you'll need to report as "other income" on your tax return.

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Laila Fury

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This is incredibly helpful Diego! I've been putting off dealing with my scholarship taxes because it seemed so complicated, but breaking it down into a simple spreadsheet like you suggested makes it much more manageable. Do you happen to know if there's a specific threshold where scholarship income becomes "significant" enough that I need to worry about quarterly estimated tax payments? I'm a full-time student with no other income, but my taxable scholarship portion might be around $8,000 for the year.

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