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Don't overlook tax-loss harvesting beyond the $3k limit against ordinary income. While you can only deduct $3k of net capital losses against ordinary income per year, you can use unlimited capital losses to offset capital gains. If you have investments in taxable accounts with unrealized losses, you could sell some winners with large gains in the same year you sell the losers. The losses fully offset those gains (which would otherwise be taxed), and you still get the $3k deduction against your W2 income. I've been doing this strategically for years and it's saved me tens of thousands in taxes. Just be careful of wash sale rules - don't repurchase the same or substantially identical securities within 30 days.
Does this really work for someone with primarily W2 income though? I thought tax-loss harvesting was mainly beneficial for people with lots of investment income. If most of your money is from salary, wouldn't the benefit be limited to just that $3k per year?
You're right that the direct offset against W2 income is limited to $3k per year. However, there are two scenarios where this is still valuable for high W2 earners: First, many high-income professionals also have investment portfolios that generate capital gains. By harvesting losses, you can offset those gains completely before hitting the $3k limit against ordinary income. This prevents your investments from creating additional tax burden on top of your already high W2 taxes. Second, even if you don't currently have capital gains, harvested losses carry forward indefinitely. This creates a tax asset you can use in future years when you do have significant capital gains, like when selling a concentrated stock position, exercising stock options, or selling investment property. I've accumulated over $45k in carried-forward losses that I've used strategically when realizing gains.
Has anyone looked into opportunity zone investments? I make similar income and invested about $100k of capital gains into a qualified opportunity zone fund last year. You can defer paying tax on those gains until 2027, and if you hold the opportunity zone investment for 10+ years, any appreciation in that investment becomes completely tax-free. Not for everyone since these are typically real estate development projects in economically distressed areas (higher risk), but the tax benefits are pretty substantial if you have capital gains to invest.
Just a heads up from someone who's been through this - the statute of limitations for filing these refund claims is 3 years from the date you filed your tax return or 2 years from when the tax was paid, whichever is later. So if this was for 2020 and you filed on April 15, 2021, you'd have until April 15, 2024 to submit these forms. Also, keep in mind that the IRS processing times for these claims is currently running about 6-9 months, so file ASAP to get in the queue.
Thanks for pointing this out! Do you happen to know if there's any way to check the status of a refund claim after submitting these forms? I'm worried about it just disappearing into the void.
Unfortunately, there's no online tracker for Form 843 claims like there is for regular tax refunds. The only way to check status is to call the IRS directly (1-800-829-1040), but prepare for a long wait time. What I did was send my forms via certified mail with return receipt so I at least had proof they received it. Then I marked my calendar for 6 months later as a reminder to call if I hadn't heard anything. When you call, have your Social Security number, the tax year, and the approximate date you mailed the forms ready.
Has anyone successfully done this without including a letter from their employer? My situation is exactly like the OP's - employer is completely unresponsive, won't even acknowledge my emails about the incorrect FICA withholding.
I got my FICA refund approved without an employer letter. Instead, I included copies of all my unanswered emails to HR and payroll as evidence that I tried to resolve it with my employer first. I sent about 5 emails over 2 months with no response, and included all of them with my claim. The IRS accepted this as sufficient proof that I attempted to resolve it directly.
Don't forget to check if this is actually a legitimate notice from the IRS! There are tons of scams going around. A real notice of deficiency comes as a certified letter and is called a "90-day letter" or "statutory notice of deficiency." It will reference your right to petition the Tax Court. If it's real, you have 90 days to either: 1. File a petition with the Tax Court (don't need to pay first) 2. Pay the tax and file for a refund 3. Contact the IRS to resolve the issues as others have mentioned The RSU issue is super common - the IRS computer just matches what was reported without knowing the basis. For the unemployment, definitely sounds like identity theft.
Thanks for mentioning this! Yes, it is definitely a legitimate notice - came certified mail, has the official letterhead, and specifically mentions the 90-day period to petition the Tax Court. I wish it was a scam, honestly would be less stressful! Do you think I should go directly to Tax Court, or try to resolve it with the IRS first? The RSU issue seems straightforward once I provide the correct basis info, but the unemployment thing has me worried.
I'd definitely try to resolve it directly with the IRS first. Tax Court should be a last resort, especially since your issues seem correctable with proper documentation. The RSU basis correction is routine, and the IRS generally handles these well once you provide the proper information. For the unemployment issue, treat it as identity theft from the start. File the Identity Theft Affidavit (Form 14039) immediately. Also contact the state unemployment office where the benefits were supposedly paid - they may already have a fraud department investigating similar cases. Getting documentation from them stating you never received benefits will be extremely helpful for your IRS response.
When you're prepping your response, make sure your numbers are EXACT. The IRS matching system is very literal. If your 1099-B shows basis of $10,543.27, don't round to $10,543. I made this mistake and it caused my correction to be rejected because the numbers didn't match their records exactly. Also, call your brokerage directly and ask for a corrected/detailed 1099-B that clearly shows the cost basis. Sometimes the initial forms they send don't have all the details the IRS wants to see. Most brokerages deal with this RSU issue constantly and have special documentation they can provide specifically for responding to IRS notices.
That's such a good point about exact numbers! When I had a similar issue, I rounded on one form and it caused weeks of additional back-and-forth. Also worth noting that the broker's "supplemental information" often has basis details that aren't on the main 1099-B. Check all those extra pages they send!
Don't forget about SEP IRA or Solo 401k contributions! This is probably the biggest tax hack for self-employed people. You can contribute way more than regular IRAs allow, and it's a dollar-for-dollar reduction in your taxable income. I have a similar setup (one W2 job and some 1099 gigs) and contribute about 20% of my self-employment income to a Solo 401k. Saves me thousands in taxes PLUS I'm actually saving for retirement. Double win.
Wait can you have a Solo 401k if you also have a 401k through your regular employer? I thought there were limits that applied across all accounts?
You absolutely can have both! There are two types of contribution limits: employee contributions (which are shared across all your 401k accounts) and employer contributions (which are separate). Since you're both the employee AND the employer for your self-employment business, you can still make "employer" contributions to your Solo 401k even if you've maxed out your employee contributions at your W2 job. The calculation gets a bit complex, but basically you can contribute around 20% of your net self-employment earnings as the "employer." This is completely separate from whatever your main job's 401k situation is. Many tax professionals don't even mention this strategy, but it's completely legitimate and can dramatically reduce your tax bill while building your retirement savings.
Has anyone tried writing off their car payment as a business expense? My accountant friend says he deducts his entire lease payment because he "sometimes uses it for work" which sounds sketchy af to me.
Your friend is playing with fire. You can only deduct the BUSINESS PERCENTAGE of vehicle expenses, and you need a detailed mileage log to prove it. The IRS specifically targets this area for audits. If he's claiming 100% business use for a personal vehicle, he's practically begging for an audit. And when they find out he's been using it personally too without documentation? Big penalties.
Serene Snow
What's your mortgage situation? If you refinanced or bought recently with a lower interest rate, you might be paying less in interest, which means less potential deduction. But honestly, with the standard deduction at $29,200 for married filing jointly, you'd need a LOT of itemized deductions to beat taking the standard.
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Issac Nightingale
β’This is really important! When I refinanced from 4.5% to 2.75% during the pandemic, my interest payments dropped significantly. Great for monthly cash flow, but suddenly my itemized deductions fell below the standard deduction threshold. Worth checking if this applies to OP's situation.
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Romeo Barrett
If you're consistently owing now with your higher salaries, you should definitely adjust your W-4 withholdings. It's free and will prevent the shock next year. You can each submit a new W-4 to your employers asking for additional withholding - even just $50-100 extra per paycheck could prevent the big bill next April.
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