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Has your friend filed Form 7200 at any point? That's the Advance Payment of Employer Credits Due to COVID-19. A lot of businesses filed these and are still getting refunds processed from them now, sometimes years later. The IRS is massively backlogged on processing these.
This is a great point! I totally forgot about Form 7200. My small business got an unexpected refund in November related to Employee Retention Credits that I had applied for back in 2021. The IRS is STILL processing these, with absolutely no rhyme or reason to their timeline.
I'll ask him about Form 7200. I don't think he filed for any COVID credits, but it's possible his accountant might have done it without explaining the details to him. Would the check or any accompanying letter specifically mention that it's for COVID relief if that's the case?
Before your friend does anything with that check, he should pull out his business tax returns from the past 2-3 years and look for any estimated tax payments or credits he might have forgotten about. Sometimes businesses make quarterly estimated payments that exceed their actual liability, especially if income fluctuated during the year. Also check if he's ever filed any amended returns (Form 1120S) or if his accountant filed any corrections on his behalf. The IRS processes these really slowly, so refunds from amendments can show up years later with no explanation. One more thing - if he has a business credit card or business bank account, some banks report certain transactions to the IRS that can trigger adjustments. It's worth reviewing his business banking statements from the past few years to see if there were any large transactions that might have been misreported. The golden rule with unexpected IRS refunds is: document everything before you deposit it. Take photos of the check, keep all correspondence, and get some kind of written explanation from the IRS about why the refund was issued. This protects you if they ever come back asking questions later.
Don't forget that the IRS generally only resorts to levies after multiple notices over MANY months or even years. The collection process typically goes: notice of tax due ā demand for payment ā notice of intent to levy ā actual levy. Each step usually has months between them with multiple letters. If you're at the "intent to levy" stage, you've likely received at least 3-4 notices already. They don't just suddenly decide to take your money. This is why ignoring those initial letters is so dangerous - by the time they're threatening levies, you've already missed several opportunities to resolve it more easily. This isn't meant to make anyone feel bad, just to emphasize that responding to the very first notice is ALWAYS the best approach.
I'm in a similar situation and just want to share what I learned from calling the IRS directly after getting my Notice of Intent to Levy. The 30-day deadline is real and starts from the date on the notice, not when you receive it. What surprised me was that the IRS agent actually walked me through several options I didn't know existed. Beyond the standard payment plan, they mentioned "partial payment installment agreements" for people who can't pay the full amount, and something called "Currently Not Collectible" status if you're facing genuine financial hardship. The key thing I learned is that ANY formal response within those 30 days - even just calling to discuss options - can pause the collection process while they review your situation. Don't wait until day 29 like I almost did. The earlier you respond, the more options you typically have available. Also, if you do set up a payment plan, make sure to ask for written confirmation that the levy process has been stopped. Get everything in writing!
Just a thought - have you considered talking to the insurance company about changing the beneficiary distribution after the fact? Sometimes they can work with you if the claim hasn't been fully processed yet. My cousin was in a similar situation and the insurance company was able to split the payout directly between him and his sister, which avoided any gift tax reporting hassle entirely.
That's not how it works. Once the insured person dies, the beneficiary designation is locked in. Insurance companies can't change beneficiaries after death - that would open them up to all kinds of legal issues. The payout has to go to whoever was named in the policy.
I'm really sorry for your loss. This is such a thoughtful thing you're doing for your brother during an already difficult time. The advice here about federal taxes is spot on - you won't owe income tax on the life insurance proceeds, and while you'll need to file Form 709 for the gift over $18,000, you almost certainly won't owe actual gift tax due to the high lifetime exemption. One thing I'd suggest is keeping good documentation of everything. Save records showing the insurance payout amount, when you received it, and when/how you transferred the money to your brother. If you ever get questions from the IRS down the road, having a clear paper trail will make everything much smoother. Also, since this is a substantial amount, you might want to consider consulting with a tax professional just to be extra safe, especially for filing that Form 709 correctly. Many CPAs offer consultations for a reasonable fee and it could give you peace of mind that everything is handled properly. Your brother is lucky to have someone who wants to do right by family even when they're not legally required to. Best wishes to both of you during this tough time.
Ok but let's be real. Using a personal card can sometimes work in your favor if you have good rewards. I put all my business stuff on my Amex Platinum for the points and it's been amazing for travel. My accountant just makes sure everything is properly categorized in QuickBooks. Been doing this for 3 years with no issues from the IRS.
Wouldn't you get similar rewards with a business platinum card though? Plus the business version has more perks specifically for business owners right?
From what I've learned dealing with similar questions, the IRS really doesn't distinguish between personal and business credit cards when evaluating business expenses. What matters is that you can prove the expenses were legitimate business costs with proper documentation - receipts, invoices, clear business purpose, etc. I've been using a personal card for some of my business expenses for years without any issues. The key is maintaining clean records and never mixing personal purchases on the same card you use for business. If you dedicate that personal card exclusively to business use and keep meticulous records in QuickBooks, you should be fine. One thing to keep in mind though - if you ever get audited, having a dedicated business card can make things look more "professional" and organized. But legally speaking, as long as your documentation is solid and the expenses are legitimate, the card type won't be the deciding factor in any IRS review.
Hailey O'Leary
Ugh, went thru this last yr and it was a PITA tbh. Sent my 2021 taxes in Feb, waited FOREVER (like 9 wks), then finally got the ok to file 2023. But here's what rly helped - I sent the old return CERTIFIED mail w/ tracking so I could prove when IRS got it. Also printed "PRIOR YEAR RETURN - PROCESS IMMEDIATELY" in red on the envelope. Dunno if that actually did anything but my tax guy recommended it lol. Also don't waste ur time calling the regular IRS # cause you'll just get the "high call volume" BS and get disconnected. If u need to check status, try calling right when they open at 7am EST or try the tax advocate line instead.
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Maxwell St. Laurent
Just wanted to share my recent experience since I literally just went through this exact situation! I filed my missing 2023 return in early February and was stressed about the timeline too. Here's what happened: My 2023 return was processed after exactly 7 weeks (I could see it on my transcript), and then I e-filed my 2024 return the next day. The 2024 return processed in 19 days, so total timeline was about 9 weeks from start to finish. One thing that really helped was setting up an online IRS account so I could check my tax transcript directly instead of relying on "Where's My Refund" which doesn't always update promptly. The transcript will show a 150 code when your prior year return is fully processed - that's your green light to file the current year. Also, if you're really tight on finances and need to plan precisely, consider that the IRS typically releases refunds on Wednesdays and Fridays, so even if your 21-day processing period ends on a Monday, you might not see the deposit until Wednesday. Just something to factor into your timeline!
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