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Is anyone here familiar with whether theres any tax benefit to donating some of these kinds of collections instead of selling? I heard something about being able to deduct the full value if you donate to a museum or something?
Yes! Donating to a qualified museum or nonprofit can let you deduct the full fair market value of collectibles, which might be better than paying the 28% collectibles tax if you're in a high tax bracket. But you need qualified appraisals and proper documentation - it's not as simple as just dropping them off.
One thing to keep in mind is the holding period for inherited assets - since you inherited these baseball cards, they're automatically considered "long-term" regardless of how long you actually hold them before selling. This means you'll qualify for long-term capital gains treatment (which for collectibles is that 28% max rate Luis mentioned) even if you sell them right away. Also, if you're planning to sell the entire collection, consider spreading the sales across multiple tax years if the amounts are substantial. Since collectibles are taxed at that higher 28% rate rather than the preferential rates for stocks, managing the timing of sales can help with tax planning, especially if it keeps you in lower overall tax brackets. Make sure to keep detailed records of each sale - the IRS likes to see documentation for collectible transactions, so track the specific items sold, sale prices, and your basis in each piece. Good luck with those home renovations!
This is really helpful advice about the automatic long-term treatment! I had no idea that inherited assets get that benefit regardless of how long you hold them. The tip about spreading sales across tax years is smart too - I never would have thought about that but it makes total sense given the higher 28% rate on collectibles. Do you know if there's a minimum threshold where the IRS starts paying more attention to collectible sales, or do they scrutinize all of them pretty closely?
Has your attorney discussed an installment agreement as a backup plan? Even while disputing the CP22A, sometimes it makes sense to set up a minimal payment plan to show good faith and prevent more aggressive collection actions. You can still pursue reconsideration while making small payments. When I went through this, we set up a $50/month payment plan while my documentation was being reviewed. This kept collections off my back, and once the IRS adjusted my liability downward, they applied the payments I'd already made and recalculated the plan. Just something to consider as a strategic move.
I went through something very similar last year - CP2000 to CP22A in just three weeks because I initially tried to handle it myself without understanding the timeline. The key thing to remember is that a CP22A isn't actually the "final" notice, despite how it reads. It's the IRS's assessment, but you absolutely still have recourse. Your attorney should immediately file for audit reconsideration AND request a Collection Due Process (CDP) hearing if you haven't already. The CDP hearing is crucial because it puts an automatic stay on collection activities while your case is being reviewed. This means no liens or levies while you're fighting the assessment. One thing that really helped my case was getting a transcript of my account from the IRS to see exactly what information they had versus what they were missing. Sometimes the disconnect is clearer when you see their records side-by-side with your documentation. Your attorney can request this, or you can get it yourself online. The $14,750 amount suggests they're probably treating some transaction as having zero basis when you actually have documentation showing your cost basis. This is super common with stock sales where the 1099-B doesn't include basis information that was reported separately or carried over from previous years. Stay persistent - I know it's stressful, but these cases are absolutely winnable when you have the right documentation and follow the proper procedures.
This is really helpful - thank you for mentioning the CDP hearing option. I hadn't heard of that from our attorney yet. Can you clarify the timeline for requesting a CDP hearing? Is there a specific window after receiving the CP22A, or can it be requested anytime before collection activities start? Also, when you mention getting the account transcript, did that help you identify specific missing documents that the IRS needed to see your side of the story?
I went through the exact same frustrating experience with my ITIN application last year! The "missing information" rejection without specific details is unfortunately very common. Here's what I learned from my experience: First, definitely look for a rejection code on your notice - it's usually a small number or letter that corresponds to the specific issue. Sometimes it's easy to miss because it's not prominently displayed. Second, I'd strongly recommend calling the ITIN line (1-800-908-9982) early in the morning - I found I had better luck getting through around 8 AM when they first open. Have your rejection notice and W-7 form ready when you call. For treaty benefits specifically, make sure you're using the correct treaty article and exemption code on your W-7. I initially put the wrong code because I misunderstood which article of the treaty applied to my situation. The IRS website has country-specific treaty tables that show exactly which codes to use for different types of income. Also, since you moved here last year, double-check that your supporting documents (passport, etc.) are still valid and that any required translations are properly certified. Good luck - don't give up! It's worth getting right for the treaty benefits you're entitled to.
This is really helpful advice! I'm in a similar situation as a newcomer and was wondering - when you call that ITIN line at 8 AM, do you typically get through right away or still have to wait on hold? Also, did you end up having to resubmit your entire application package after fixing the treaty code issue, or were you able to just send in a correction? I'm trying to figure out if it's worth attempting the phone call first or if I should just prepare a completely new application package to save time.
Even calling at 8 AM, I usually had to wait 30-45 minutes on hold, but that's much better than the 2+ hour waits I experienced calling later in the day. Sometimes I'd get disconnected and have to try again, which was frustrating. Regarding resubmission - unfortunately, you have to submit a completely new application package. The IRS doesn't accept partial corrections or amendments to rejected ITIN applications. I learned this the hard way when I tried to just send in the corrected treaty code information. They sent it back and told me I needed to resubmit the entire W-7 form with all supporting documents again. My advice would be to call first to get the specific details of what went wrong, then prepare your complete new application package with those corrections. That way you're not guessing at what needs to be fixed. It's extra work upfront but saves you from potentially getting rejected again for the same or different issues.
I completely understand your frustration - ITIN rejections with vague explanations are unfortunately very common, especially for first-time applicants. The good news is that this is definitely fixable! A few immediate steps I'd recommend: 1. **Look for a rejection code** - Even though the letter seems vague, there's usually a small code (like "R 07" or similar) somewhere on the notice that indicates the specific issue. It might be in small print or in a corner. 2. **Call the ITIN hotline early** - Try 1-800-908-9982 right when they open at 8 AM. Yes, you'll likely wait 30-60 minutes, but it's much better than the impossible wait times later in the day. Have your rejection notice and original W-7 form ready. 3. **Double-check your treaty code** - Since you mentioned claiming treaty benefits, verify you selected the correct exemption code for your specific country and income type. The IRS has detailed treaty tables on their website that show exactly which codes apply to different situations. 4. **Consider a Certified Acceptance Agent** - They can review your documents in person and catch common issues before submission. Plus, you won't have to mail original documents. Don't give up! The treaty benefits you're entitled to are worth the extra effort to get this right. Most people succeed on their second attempt once they know exactly what needs to be corrected.
This is such great comprehensive advice! I'm dealing with a similar situation and had no idea about looking for those small rejection codes - I probably would have missed that completely. One quick question: when you mention the IRS treaty tables on their website, do you happen to know if they're updated regularly? I'm from Canada and want to make sure I'm using the most current treaty information when I resubmit. Also, has anyone had success with the online ITIN status tool, or is calling really the only reliable way to get specific details about what went wrong?
Dont forget state taxes! Some states tax S corps differently than LLCs. California, for example, has a minimum $800 tax for S corps PLUS a 1.5% tax on net income. I learned this the hard way - saved about $4k in federal taxes by switching to an S corp, then got hit with $2,200 in additional CA taxes I wasn't expecting. Still came out ahead but not by as much as I thought.
Yes, LLCs in California also have the $800 minimum franchise tax, but they don't have the additional 1.5% tax on net income that S corps do. So if your business is profitable, the S corp can end up costing more in CA state taxes even though you might save on federal taxes. It's definitely something to factor into your analysis before making the switch. I wish I had known this before I elected S corp status!
Great discussion everyone! As someone who made the switch from LLC to S corp two years ago, I can confirm the tax savings are real but you really need to run the numbers for your specific situation. One thing I'd add that hasn't been mentioned much is the timing aspect. If you're considering the switch, start planning early in the year because there are quarterly payroll tax filings you'll need to stay on top of. I made the mistake of switching mid-year and it was a nightmare trying to get everything sorted out. Also, for Sebastian's graphic design business at $95K, the reasonable salary question is crucial. I'd recommend looking at Bureau of Labor Statistics data for graphic designers in your area, plus checking sites like Glassdoor or PayScale. The IRS wants to see that you're paying yourself what you'd pay an employee to do the same work. The extra administrative burden is real though - I spend probably 2-3 hours more per month on bookkeeping and payroll stuff. But at my income level, the tax savings definitely justify it. Just make sure you're organized and maybe invest in good accounting software or a bookkeeper if the numbers work out.
Luca Esposito
Just a personal experience - I didn't file my 2021 taxes until last March (so over a year late) and I ended up owing about $1800 in taxes plus around $400 in penalties and interest. The longer you wait, the worse it gets. File ASAP even if you have to use incomplete information and then amend later. A rough filing now is better than a perfect filing months from now when it comes to penalties.
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Nia Thompson
ā¢Totally agree with this advice. I learned the hard way that "perfect is the enemy of done" when it comes to taxes. I waited 18 months to file because I was missing some documents and wanted everything perfect. Big mistake - penalties kept growing the whole time.
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Andre Moreau
I was in almost the exact same situation last year - missed filing 2022 taxes due to a job change and cross-country move. The stress was eating me alive until I finally bit the bullet and filed. Here's what I learned: if you're getting a refund (which many people are), there's literally NO penalty for filing late. The IRS isn't going to penalize you for being late to collect money they owe you. You just lose the refund if you wait more than 3 years. If you do owe money, the failure-to-file penalty is brutal (5% per month), but here's the key - it stops accumulating once you file. So even if you can't pay immediately, filing stops the bleeding on the biggest penalty. My advice: gather whatever documents you have and file this weekend. Don't wait for every single paper to be perfect. You can always amend later if needed, but getting that return filed stops penalties from growing and gives you options for payment plans. The relief I felt after finally submitting was incredible - way better than the months of anxiety I put myself through by procrastinating.
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