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The key IRS principle here is the "origin of the claim" doctrine. Since your claim originated from being overcharged (not from seeking profits or damages beyond what you paid), the settlement should be non-taxable as return of capital. Document everything carefully tho - if the moving company reports the payment on a 1099, you'll need to show why it's not taxable income on your return.
Great question about a really frustrating situation! I went through something similar with a contractor who overcharged me, and I was stressed about the tax implications too. The good news is that based on what you've described, your settlement should NOT be taxable income. Since you're simply recovering money that was fraudulently taken from you (not earning new income or profits), this falls under the "return of capital" principle. You're just getting back what was rightfully yours to begin with. Regarding your legal fees - since the settlement itself isn't taxable income, you typically can't deduct those expenses against it. However, you might want to check if any portion could be deductible under other circumstances (like if this was related to business expenses). One thing to watch out for: if the moving company issues you a 1099 for the settlement amount, don't panic! You can still report it as non-taxable on your return, but you'll need to include it and then show why it's not taxable income. Keep all your documentation from the case - court records, settlement agreement, original contracts, etc. It's definitely frustrating to think about paying taxes on money that was stolen from you, but thankfully the IRS recognizes the difference between recovering your own money and actually earning new income. You should be in the clear here!
This is really helpful, thank you! I'm dealing with a similar situation with a dishonest contractor and was worried about the tax implications. One question - you mentioned keeping court records and settlement agreements as documentation. Should I also keep records of the original overcharges and any correspondence with the company? I have emails showing they acknowledged the billing error before I had to take legal action.
Has anyone considered that the IRS might view this as a tax scheme rather than a legitimate business? I'm not saying it is, but starting a business primarily to reduce taxes seems risky.
This is actually a really good point. The IRS looks for "profit motive" in determining whether something is a legitimate business. If your lawn care service consistently loses money (after accounting for the truck depreciation), you might fail the "3 of 5 years profit" test that the IRS often applies.
The profit motive concern is absolutely valid and something you need to plan for carefully. I've seen too many people get caught up in the tax savings without thinking through the business fundamentals. Here's what I'd suggest: Before you buy that $98k truck, start small and actually prove the business model works. Get a few regular clients, use basic equipment, and show some profit in year one. This establishes legitimate business intent from the start. When you do scale up with the heavy truck, make sure the purchase makes business sense - not just tax sense. Can you realistically generate enough additional revenue to justify a $98k vehicle? Document your business plan showing how the truck will help you serve more clients or charge premium rates. Also consider the cash flow impact. Even with the depreciation deduction, you still need to actually pay for the truck. If your lawn business isn't generating enough cash to cover the payments, that's another red flag for the IRS. The strategy can work, but treat it as a real business first, tax strategy second. The tax benefits should be a bonus, not the primary motivation.
Have you tried the free calculator on H&R Block's website? They have one specifically for 2023 returns that allows you to input your original info and then add the mortgage interest to see the difference. I used it to estimate before amending my return (forgot some education credits) and it was pretty accurate. Just google "H&R Block tax calculator 2023" and it should come up.
I tried using their calculator but it kept giving me an error when I entered my income. Do you have to enter everything exactly as it appeared on your original return?
You don't need to enter everything exactly as it appeared on your original return, but you do need to be pretty close with the major categories. The most important things are your adjusted gross income, filing status, and any other significant deductions/credits you claimed. If it's giving you an error about income, try rounding to the nearest hundred - sometimes that helps with these online calculators. Also make sure you're selecting the correct tax year (2023) as they usually default to the current year.
Just as a heads up, if your mortgage interest pushes you from taking the standard deduction to itemizing, make sure you've got ALL possible itemized deductions included when you amend. Many people forget to include charitable donations, medical expenses (if they exceed 7.5% of AGI), state and local taxes (SALT), etc. No point in filing an amendment and not maximizing the benefit!
Thanks for the reminder! I definitely need to check our charitable donations too. We did quite a bit last year but I think we were just under the standard deduction without the mortgage interest, which is why we didn't itemize originally. Do medical expenses include dental work? We had some expensive dental procedures last year.
Yes, dental work definitely counts as a medical expense! You can deduct dental procedures, cleanings, orthodontics, and even travel costs to get to dental appointments. The key is that your total medical and dental expenses need to exceed 7.5% of your adjusted gross income before you can deduct the amount over that threshold. So if your AGI was $80,000, you'd need more than $6,000 in medical/dental expenses to get any deduction. But if you had expensive dental work plus regular medical expenses, you might be surprised how quickly it adds up. Make sure to include health insurance premiums you paid (if not deducted elsewhere), prescription costs, and any other medical expenses throughout the year.
Don't overlook the safe harbor provisions! As a new freelancer, you can avoid penalties by paying either: - 90% of your current year tax - 100% of your prior year tax (110% if your income was over $150k) For first-year freelancers, using last year's tax liability is often the easiest method since you just look at your previous tax return. If you didn't owe any tax last year, you might not need to make estimated payments at all!
But what if my income this year will be way higher than last year? Last year I was a part-time student with minimal income. This year I'm expecting to make quite a bit more with freelancing.
That's actually where the safe harbor provision helps you! If your previous year's tax liability was small, you can use that amount as your safe harbor target and avoid penalties even if you end up making significantly more this year. For example, if you only owed $2,000 in taxes last year, you could make quarterly payments totaling $2,000 for this year ($500 each quarter), and you wouldn't face underpayment penalties even if you end up owing $10,000 when you file. You'd still need to pay the remaining $8,000 when you file your return, but without penalties for underpayment.
One thing nobody mentioned - make sure you're tracking all your business expenses from day one! As a video editor, you can deduct portions of: - Computer equipment - Editing software subscriptions - External hard drives - Office space (even home office) - Internet costs These deductions can significantly reduce your taxable income and might even keep you under that $1000 threshold longer than expected!
Is there a good app for tracking all these expenses? I'm terrible at keeping receipts.
For expense tracking, I've been using Receipt Bank (now called Dext) which lets you just snap photos of receipts with your phone. QuickBooks Self-Employed is another solid option - it automatically categorizes transactions and has a mileage tracker too. Since you're in video production like the original poster, don't forget you can also deduct things like: - Camera equipment rentals - Stock footage/music licenses - Travel expenses to client locations - Even a portion of your phone bill if you use it for business The key is being consistent about tracking everything from the start - it's so much easier than trying to reconstruct everything at tax time!
Ella rollingthunder87
Has anyone tried the Surgent Income Tax School? Their website looks good but I can't find many reviews. I'm debating between that and the H&R Block course.
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Yara Campbell
ā¢I took the Surgent course last year. It's decent but very text-heavy with fewer practical examples than I expected. H&R Block's course has more hands-on practice scenarios which helped me remember the concepts better. Surgent is good if you're already somewhat familiar with taxes and learn well by reading, but H&R Block is better for beginners.
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Zoe Dimitriou
Another option to consider is the Penn Foster Tax School - they offer a comprehensive online program that's self-paced and covers everything from basic individual returns to more complex scenarios. What I liked about it is that they provide real tax software training (using actual professional software, not just consumer versions) and include practice with mock client situations. The course covers all the fundamentals you mentioned - deductions, credits, filing statuses, plus things like rental property, small business income, and retirement distributions that come up frequently even in "simple" individual returns. They also keep the materials updated each tax season, which is crucial since tax laws change. The enrollment fee is reasonable (around $400-500 when I checked), and you get access to their materials for the entire tax season, so you can refer back as needed. They also offer job placement assistance if you decide to pursue seasonal work later. Might be worth looking into alongside the other suggestions here!
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