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Another thing to consider is your friend's situation. While it doesn't affect YOUR tax deduction, they probably should know that income received through payment apps over $600/year will be reported to the IRS starting with 2025 filing season. The rules changed recently. So while you can claim your legitimate business deduction, your friend might want to consider setting up a proper business structure if they're going to continue selling food regularly. Just a heads up that might be helpful to pass along!
Thanks for bringing this up - I hadn't considered this angle. Do you know if there's some kind of threshold before someone needs to officially register as a business? My friend is really just testing the waters with occasional food sales.
There's no specific threshold for when someone needs to register as a business - that varies by state and local regulations for food service. However, for tax reporting purposes, any income earned (even from a hobby) needs to be reported regardless of business registration status. The $600 threshold is just about when payment apps are required to send 1099-K forms. Your friend should be reporting the income even below that amount, but many people don't realize this. They might want to look into a Sole Proprietorship at minimum since it's the simplest business structure and would allow them to deduct legitimate business expenses against that income.
Has anyone actually had the IRS question a business meal deduction because the vendor wasn't a formal business? I've been in business 5 years and have never had this come up in my annual tax filings.
I actually had this exact issue come up during a business audit last year. The IRS didn't care at all that some of our business meals were from non-traditional vendors (food trucks, pop-ups, farmers market vendors). What they focused on was whether we had proper documentation of the business purpose, who attended, and proof of payment.
The best approach here is to file Form 911 "Request for Taxpayer Advocate Service Assistance." This is specifically designed for situations where the normal IRS processes aren't working or where you're facing significant hardship. The death of a taxpayer combined with notices sent after death qualifies as a special circumstance. I went through this exact situation with my grandfather's estate. The Taxpayer Advocate took our case and expedited everything. They have special authority to cut through red tape and can sometimes override the normal refund statute restrictions in cases where there are compelling reasons.
Does using the Advocate Service cost anything extra? And how long did it take them to resolve your case? I'm dealing with my mom's estate and we're already 2 years into this nightmare.
The Taxpayer Advocate Service is completely free - it's a division within the IRS specifically designed to help taxpayers when normal channels aren't working. In my grandfather's case, they assigned an advocate within about 2 weeks of receiving Form 911. The entire process took about 3 months from start to finish, but they did place a hold on all collection activities during that time, which stopped the interest from continuing to accrue. This was a huge relief as we were dealing with similar issues of unfiled returns discovered after death. The advocate actually helped us get refunds that were technically past the 3-year window by using their special authority to consider the circumstances of why we couldn't file earlier.
You need to look into the "Financial Disability" exception to the 3-year refund statute. Under Internal Revenue Code 6511(h), the statute of limitations can be suspended during periods when a taxpayer is unable to manage financial affairs due to a medical condition - and death certainly qualifies. You'll need to file Form 1040X for the unfiled years with "Financial Disability" noted at the top, along with documentation of your father's date of death and an explanation. In my experience, you'll want to attach medical records showing any illness leading up to death if applicable.
Another resource worth mentioning is your local library. Many libraries offer free tax help programs during filing season. The volunteers are certified by the IRS through the VITA program and can handle returns with self-employment income up to a certain amount. They might also have hard copies of all the forms and instruction booklets you need.
This is a great suggestion, thank you! Do you know if these volunteers can handle questions about investment income too? And do I need to make an appointment or can I just walk in?
Most VITA volunteers are trained to handle basic investment income like interest, dividends, and simple capital gains. They might not be able to help with very complex investment situations though. You'll definitely want to make an appointment - these services get booked up quickly during tax season. Call your local library or check their website to see when they offer tax help and how to schedule. Some places also require you to bring specific documents, so ask about that when you call.
I've been filing paper returns for 10+ years with side income. My best advice is to look at last year's tax return if you have one, and use it as a template. The forms barely change year to year. For the new stuff, grab the specific form instructions (not the giant publications) from irs.gov. If you're doing DoorDash, just google "Schedule C example for delivery driver" and you'll find tons of examples showing exactly what expenses you can claim. Same for investments - search for examples of filled out Schedule B and Schedule D forms.
This is solid advice. I did DoorDash last year and the biggest thing was tracking mileage - you can deduct $0.67 per mile for 2023 which adds up quick! Make sure you have some kind of mileage log if you get audited.
One thing nobody mentioned yet - if you're doing a 1031 exchange, be careful with the improvements on the new property. I made the mistake of trying to handle some renovations after closing on my replacement property, and it created a big mess with my tax situation. If you want to use exchange funds for improvements, you need to set up an "improvement exchange" with your QI BEFORE closing. The improvements must be completed within the 180-day exchange period. Don't learn this the hard way like I did!
So what happens if you don't do the improvements within the 180 days? Do you lose the entire 1031 benefit or just the portion related to the improvements?
If the improvements aren't completed within the 180-day exchange period, only the actual completed improvements can be counted as part of the exchange. Any unused funds held by the QI for incomplete improvements would be considered "boot" and returned to you - and you'd owe taxes on that portion. You wouldn't lose the entire 1031 benefit, just the tax deferral on the portion that wasn't properly used within the timeframe. For example, if you earmarked $50,000 for improvements but only completed $30,000 worth within the 180 days, you'd owe taxes on the $20,000 difference. That's why it's crucial to be realistic about what improvements can actually be completed in that timeframe.
Has anyone here done a reverse 1031 exchange? I'm in a crazy situation where I found the perfect replacement property but haven't sold my current one yet. I'm getting conflicting advice from different sources.
I did a reverse exchange last year. It's definitely more complex and expensive than a standard exchange, but doable. You'll need an Exchange Accommodation Titleholder (EAT) to take title to the new property while you sell your relinquished property. Expect to pay about twice as much in fees compared to a standard exchange. Make sure you have very secure financing lined up because you'll essentially be carrying both properties until your original one sells. The same 180-day rule applies - you must sell your original property within 180 days of acquiring the new one. I cut it close (sold on day 168) and the stress nearly killed me!
Benjamin Carter
Has anyone used Sprintax for their non-resident taxes? My university provides it for free and they specifically mention they handle 1098-T situations for international students.
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Maya Lewis
β’I used Sprintax last year and it worked pretty well for my situation. It does ask about your 1098-T and walks you through what parts are taxable. The interface is a bit clunky but it gets the job done. Make sure you have all your documents ready before you start though, because it can time out if you take too long between sections.
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Isaac Wright
Just want to mention from personal experience - even though you technically don't need to use the 1098-T as a non-resident, I STRONGLY recommend keeping a copy of it with your tax records. The IRS occasionally sends verification requests, and having documentation of your tuition and scholarship amounts has saved me a lot of trouble in the past. Better safe than sorry!
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Cameron Black
β’This is excellent advice. I got a letter from the IRS questioning my scholarship income reporting last year, and having my 1098-T and a detailed breakdown from my university's bursar office made responding to their inquiry so much easier. Document everything!
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