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Your mom should pull any files for clients who claimed EITC, CTC, AOTC, or HOH status from the last year. Those are the typical targets for due diligence visits. Make sure she has Form 8867 (Paid Preparer's Due Diligence Checklist) for each of those returns with all questions answered. The IRS is checking if she's doing the required verification before claiming these credits.
That's really helpful - I'll make sure she focuses on those specific credits first. Is there anything else she should have ready besides the Form 8867 and supporting documentation?
She should also have her written due diligence procedures available - even if it's just a basic checklist of what she asks clients and what documents she collects. The IRS wants to see that she has a consistent process. Also have her review her records for any cases where she might have rejected claiming a credit when a client couldn't provide adequate documentation. This shows the IRS she's not just rubber-stamping everything. And remind her that they'll likely ask questions about her knowledge of the eligibility requirements for these credits, so a quick review of the current rules wouldn't hurt.
As a preparer who went through this, the best advice is DON'T PANIC! The consequences really depend on what they find. Minor issues usually just mean recommendations. If they find significant failures (like claiming credits without proper documentation), penalties start around $540 per failure. But its usually per category of failure, not per mistake on each return. My visit took about 3 hours total.
Is there a way to know which returns they'll select? My practice got notice of a visit too and I'm freaking out trying to organize everything!
I think everyone is overreacting to this news. I'm a small business attorney who works with dozens of clients affected by the CTA. Here's the real deal: this enforcement pause is almost certainly temporary. The Treasury Department is likely responding to legal challenges, but once those are resolved, enforcement will resume. My advice to clients remains unchanged: prepare your beneficial ownership information now so you're ready to file when needed. The requirements themselves haven't been eliminated, just the enforcement mechanism. For most legitimate small businesses, the reporting isn't actually that burdensome - it's identifying the beneficial owners (those with 25%+ ownership or substantial control) and providing basic information about them. Don't use this pause as an excuse to ignore your obligations completely, or you might find yourself scrambling when enforcement suddenly resumes.
What about companies formed in 2023? I thought we had different deadlines than older companies. Does this pause affect all businesses the same way?
Companies formed in 2023 fall under the "existing entities" category, which originally had until January 1, 2025 to file their initial reports. Companies formed in 2024 have 90 days from formation to file. The enforcement pause affects all businesses subject to the CTA equally - regardless of when they were formed. However, it's important to note that the technical legal requirement still exists for all applicable businesses, even though there's no enforcement mechanism currently in place. My recommendation remains to prepare your information so you're ready when enforcement resumes, which it almost certainly will.
Does anyone know if this affects companies that already filed their beneficial ownership information? I submitted mine in January when the requirements first went into effect. Did I waste my time? Should I be worried about the information being in their system now that they're not enforcing the rule?
You didn't waste your time. If anything, you're ahead of the game. The database still exists and your information is properly recorded. When enforcement resumes (which most experts think it will), you won't have to scramble like everyone else.
Everyone's giving great advice about the tools, but just to directly answer your question: You should be fine as long as the total between the three returns adds up to 100%. The IRS does check that the total allocation for a policy doesn't exceed 100%, but they understand that people use different tax software. The main thing that would cause problems is if between you, your brother, and your mom, you collectively claim more than 100% of the policy. As long as you've coordinated so that doesn't happen (which it sounds like you did), you should be good.
Thanks, that's reassuring but quick follow-up question - what if my brother ends up not filing at all? Would that mean we only claimed 80% of the policy (my 20% + parents 60%)? Would that cause issues?
If your brother doesn't file at all, that wouldn't necessarily create problems regarding the Premium Tax Credit. The IRS is primarily concerned with making sure no more than 100% of a policy is claimed. Claiming less than 100% might mean some of the credit goes unclaimed, but it's not a compliance issue. However, if your brother was required to file a tax return (based on his income and situation) and received advance premium tax credits, he actually must file a return to reconcile those credits even if he otherwise wouldn't be required to file. Failure to file in this case could result in him being ineligible for advance premium tax credits in future years.
Does anyone know if CashApp Taxes actually generates the Form 8962 Part IV correctly behind the scenes? I've been using TaxAct and it shows the actual form with the allocation percentages, but when I helped my daughter with CashApp I couldn't tell if it was doing it right.
Yes, CashApp Taxes (formerly Credit Karma Tax) does generate Form 8962 correctly including Part IV allocations, even though the user interface doesn't explicitly show this section. I was worried about this too, so I actually downloaded the PDF of my complete return after filing and checked - the allocation was there on the generated 8962.
I went through this last year. Check if your employer did a "gross-up" for the relocation expenses. Mine did, and it confused me at first. A gross-up means they gave you extra money to cover the taxes you'll owe on the relocation benefits. For example, if your actual moving expenses were $10,000, they might have given you $13,000 so that after taxes, you'd have enough to cover the $10,000 in expenses. In TurboTax, you don't need to do anything special other than entering your W-2 correctly. If the relocation expenses were grossed up, your W-2 will already include both the relocation benefits AND the additional money they gave you to cover taxes. Your company's relocation tax report should indicate if they did a gross-up calculation.
Thanks, this is helpful! My relocation paperwork does mention a "tax gross-up" for some of the benefits, but not all of them. So for the ones that weren't grossed-up, I'll end up owing taxes on those out of pocket, right?
That's exactly right. For the benefits that weren't grossed-up, you'll need to pay taxes on that amount out of your own pocket. For example, if you received a $3,000 lump sum that wasn't grossed-up, you might owe roughly $750 in taxes (depending on your tax bracket) that comes out of your pocket. The ones that were grossed-up should be fine - the extra amount your employer added should cover the tax liability for those specific benefits. Just be prepared for your W-2 to look higher than you might expect, since it includes both your regular salary and all these additional taxable benefits.
Has anyone had issues with TurboTax not accepting relocation expenses correctly? Last year I entered my W-2 which included relocation, but TurboTax kept flagging it as "unusually high income" compared to my previous year. I'm worried about using TurboTax again this year for my recent relocation.
I got that same warning last year but just ignored it. TurboTax throws up caution flags for any significant changes year-over-year. As long as your W-2 accurately reflects everything (including the relocation benefits), you're fine to proceed past that warning. It's just an automated check, not an actual problem with your return.
QuantumQuest
Be careful with amended returns! If you're going to amend previous years to claim the LLC, make sure you're 100% certain of your position. The lookback period for audits is typically 3 years, but can be extended to 6 years if the IRS believes you've substantially understated your income. Amending multiple returns could trigger a review.
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Connor Murphy
ā¢Is there a minimum amount that would trigger an audit for amended returns? I'm in a similar situation but only looking at around $400 in potential credits for last year.
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QuantumQuest
ā¢There's no official minimum threshold that guarantees safety from an audit. The IRS doesn't disclose their exact selection criteria. However, smaller amendments are generally less likely to raise red flags than larger ones. For a $400 credit, the risk is relatively lower, but remember that any amended return has a slightly higher chance of review than an original return. The key is ensuring you have proper documentation to support your position if questioned - keep all your tuition statements, proof of payment, and any documentation about your fellowship/tuition reduction status.
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Yara Haddad
I think many of you are confusing different concepts. There's a difference between: 1) Scholarships/fellowships (generally taxable unless used for qualified educational expenses) 2) Qualified tuition reductions (tax-free benefit for employees/grad students performing services) 3) Employer education assistance (up to $5,250 tax-free) The OP specifically has a CS Dept fellowship that was applied directly to tuition. This looks like case #1, not #2. Can't claim LLC on this.
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Keisha Robinson
ā¢How do you determine which category your funding falls into? My stipend paperwork just says "Graduate Assistant Stipend" but doesn't specify if it's for services or just support.
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