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Just to add another perspective - have you considered offering to split the difference with her? Technically she's a household employee, but fighting this battle might not be worth it. If you offer to treat her as a 1099 contractor but have her sign something acknowledging that she's responsible for all tax obligations, that might be the path of least resistance. Just make sure you document everything in case of an audit.
This is terrible advice! You can't just "agree" to misclassify a worker. The IRS rules are clear, and misclassification can result in penalties and back taxes for BOTH parties. The nanny would be responsible for both halves of FICA taxes (self-employment tax) if incorrectly classified as 1099, and the employer could face penalties for improper classification. Documentation showing you knowingly misclassified would make things worse, not better.
You're right that it's not technically correct, but in reality, people make these arrangements all the time for small amounts of household help. I was just suggesting a practical solution given that the nanny is uncooperative and the amount is relatively small. But you make a good point about the potential consequences. If audited, having documentation of knowingly misclassifying would definitely be problematic. So I stand corrected - better to do it by the book and use the suggestions others have provided about filing with "Applied For" in the SSN field.
Has anyone experienced an audit over household employee issues? I'm curious how common this is and how aggressive the IRS is about following up on situations like this.
My neighbor went through this a few years ago. They had a live-in nanny for 5 years and never filed the proper paperwork. They got audited for something completely unrelated, but once the IRS started digging, they discovered the household employee situation. They ended up owing around $25,000 in back taxes, penalties, and interest. It was a nightmare for them.
Something nobody mentioned yet - if you're dealing with ISOs, you'll need to receive Form 3921 from your wife's employer by January 31. This form shows the exercise price, FMV at exercise, etc. Make sure to keep this for your records! Also, don't forget about state taxes. Some states don't have preferential treatment for long-term capital gains, so you might pay the same rate regardless of how long you hold.
Thanks for mentioning Form 3921. Will this form show the AMT adjustment amount or do we need to calculate that ourselves? Our state (California) doesn't have different rates for capital gains vs regular income, but I'm still trying to maximize the federal tax benefits and use up those carryover losses if possible.
Form 3921 won't calculate the AMT adjustment for you - it just provides the information you need to do that calculation yourself (or that your tax software will use). The form shows the exercise price, fair market value at exercise, and date information you need. California is indeed one of those states that taxes all income at the same rates regardless of whether it's capital gains or ordinary income. But given your federal carryover losses, it's worth talking to a tax professional about timing. Even though the ISO exercise+immediate sale would be ordinary income, there might be other strategies to utilize those capital loss carryovers in the same tax year.
Has anyone used TurboTax for handling ISO exercises? I've got a bunch I need to exercise this year and I'm wondering if TurboTax handles the AMT calculations correctly or if I need to go to a CPA?
TurboTax can handle basic ISO scenarios, but honestly, if you're dealing with a significant amount (sounds like you are), I'd go with a CPA who specializes in equity compensation. I made the mistake of using TurboTax last year and missed an AMT credit carryforward that cost me about $3,400. A good CPA will save you more than they cost.
Whatever you do, DON'T use those "pennies on the dollar" tax relief companies you see on TV. My brother paid one of them $5,000 and they literally just filled out forms he could have done himself. Complete waste of money. Your best bet is to find a local EA (Enrolled Agent) who specializes in back taxes. They're usually more affordable than CPAs but still have full authority to represent you before the IRS. Mine charged around $350 per tax year to prepare returns plus $500 to handle setting up my payment plan.
An EA (Enrolled Agent) specializes exclusively in taxes and is licensed directly by the IRS, while CPAs have a broader accounting background and are licensed by states. For pure tax issues, especially back taxes and IRS problems, EAs often have more specialized experience and can be more affordable. CPAs are great for complex financial situations where you need broader accounting expertise along with tax knowledge. Neither is inherently "better" - it depends on your specific needs. For straightforward back tax filing and IRS negotiations, an EA is usually sufficient and cost-effective. For business owners or people with complex investments and financial planning needs, a CPA might be worth the higher cost.
Has anyone tried the IRS Fresh Start program? I heard it helps people with back taxes but don't know much about it.
Fresh Start isn't actually a program you apply for - it's a set of policies the IRS implemented to make it easier for taxpayers to resolve tax debts. It includes expanded installment agreements, easier Offer in Compromise qualifications, and some tax lien relief. The main benefits: you can now get installment agreements with simplified procedures if you owe up to $50K (used to be much lower), and they made it easier to qualify for Offers in Compromise by changing how they calculate your ability to pay. You don't apply for "Fresh Start" specifically - you just take advantage of these more flexible options.
As someone who used to work for the IRS (not speaking in any official capacity now), I'd recommend requesting a formal appeal of the CP105 assessment. You have 30 days from the notice date to request this. Common life estate gift tax problems I've seen: - Using incorrect actuarial tables for valuation - Not properly accounting for retained interests - Incorrectly calculating the gift split between spouses - Using outdated property valuations Make sure any new tax professional you hire gets copies of: - The original deed - The life estate documentation - The original Form 709 as filed - The CP105 notice with all calculation pages - Any appraisals that were done Also, check if your parents' accountant has E&O (errors and omissions) insurance. If their mistake caused this issue, their insurance may cover penalties and interest, though probably not the underlying tax.
Thank you for sharing your expertise! Is the 30-day appeal window strict or is there any flexibility? The notice arrived about 2 weeks ago, so we're getting close to that deadline.
The 30-day window is fairly strict, but I'd recommend filing the appeal request even if you're close to the deadline. Use Form 12203 (Request for Appeals Review) and send it via certified mail so you have proof of the date it was submitted. If you're very close to the deadline, you can also call the IRS (using whatever method works to get through) and request a brief extension to file the appeal. Sometimes they'll grant a 15-day extension, especially if you explain that you're gathering documentation and seeking professional assistance. Make sure to document who you spoke with and when. The main thing is to get something formal submitted before the deadline, even if your documentation isn't complete yet. You can supplement the appeal later with additional information.
Dealt with something similar last year. Make sure your parents get a second opinion on the valuation of the property. The IRS might be using a different valuation method than your accountant did. When we got a big gift tax bill, turns out our accountant used the county tax assessment ($425k) instead of getting a formal appraisal, and the IRS determined the value was closer to $575k based on recent sales in the area. That difference alone added like $60k to our tax bill!
This!! Property valuation is HUGE for gift tax purposes. We had a similar issue and hiring an independent appraiser who specialized in retrospective valuations (valuing the property as of the date of the gift) saved us thousands. The IRS will often accept a professional appraisal if it's well-documented.
Jessica Suarez
Has anyone actually gotten a 1099 for credit card rewards? I've been racking up and cashing out rewards for years (probably $2k+ annually) and never reported it or received any tax forms.
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Marcus Williams
ā¢I got a 1099-MISC one year when i received a $750 checking account bonus from my bank. They specifically told me it was taxable when i signed up. But never got anything for regular credit card rewards tho.
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Lily Young
One thing nobody mentioned: if you used the card for business expenses and deducted 100% of those expenses on last year's tax return, but get the rewards this year, you might need to include the rewards as income for this year's return. Timing matters. Talk to a CPA to be safe.
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