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I work at an accounting firm (not giving tax advice here, just sharing experience), and we've seen a HUGE increase in clients coming to us after getting in trouble with these ERC mills. The IRS Commissioner has literally called this one of their top enforcement priorities. The most common issue? These companies are ignoring the "more than nominal effect" test that others have mentioned. If your business adapted or found alternatives to continue operations (like shifting from in-person to online), the IRS typically doesn't consider that a qualifying suspension. Also worth noting - the IRS has temporarily stopped processing new ERC claims while they ramp up enforcement against fraudulent filings. That should tell you something about how serious this has become. If you're considering an ERC claim, PLEASE work with a reputable CPA who will still be around if questions come up years later. The fact that you're asking about this shows good judgment!
As someone who's been through the ERC audit nightmare, I want to echo what others are saying about being extremely cautious. The fact that your online sales increased 18% while your physical location was closed actually works AGAINST you in an ERC claim. The IRS looks at whether your business as a whole was substantially impacted. If you were able to maintain or even grow revenue through alternative channels (online sales), they'll argue you successfully adapted and continued operations - which disqualifies you from the "suspension of operations" test. I'd strongly recommend getting a second opinion from a qualified CPA before moving forward with ANY ERC company, especially one that's pressuring you to act quickly. The legitimate credits are still there for businesses that truly qualify, but the audit risk is very real. I'm dealing with a $60K clawback demand right now because the ERC company I used didn't properly document our qualification. Don't let the size of the potential refund cloud your judgment - the penalties for incorrect claims are severe and the companies collecting fees upfront won't be there to help you when problems arise.
Has anyone used the "mark-to-market" election as a trader? I heard its better for taxes but I dont really understand it.
Mark-to-market can be beneficial but comes with specific requirements. It lets you treat all trading gains/losses as ordinary income (avoiding the wash sale rules), and you can deduct all trading expenses. However, you must qualify as a "trader" in the eyes of the IRS (frequent, regular, continuous trading), make the election by the due date of your previous year's return, and once elected, you can't easily go back. It's best discussed with a tax professional who specializes in trader taxes before making this decision.
As someone who's been through this exact situation, I'd recommend a hybrid approach. I set aside money monthly based on my running P/L rather than after each individual trade - this smooths out the ups and downs and is much more manageable with 270+ trades. Here's what I do: At the end of each month, I calculate my net trading profit for that month and set aside 30-35% (accounting for both federal and state taxes plus the additional Medicare tax on high earners). I keep this in a separate high-yield savings account so it's earning something while waiting for tax time. The key thing with day trading is that virtually all your gains will be short-term capital gains taxed as ordinary income. Since you have W-2 income too, your trading profits stack on top, so you definitely want to be conservative with your set-aside percentage. Also, start making quarterly estimated payments once your trading profits hit around $1,000 for the quarter. The IRS gets cranky if you don't pay as you go, and the underpayment penalties aren't worth it. I learned that the hard way my first profitable year!
Has anyone successfully done what the OP is suggesting with delayed financing? I'm considering a similar strategy but worried about IRS scrutiny. How detailed does the "clear tracing" of funds need to be?
I did something similar last year. The key is maintaining a clear paper trail. I took out a HELOC on my paid-off home, deposited the funds in a separate account, then used that account exclusively to purchase stocks and ETFs. I kept all statements showing the flow of money. My tax advisor said this creates a clear trace for the IRS. What you CANNOT do is commingle the funds with your regular checking account or use any portion for personal expenses. That breaks the tracing rule and can disqualify the interest deduction.
This is a great discussion thread! I've been dealing with a similar situation and want to add a few practical points from my experience with Form 4952. First, regarding your $2.7M house strategy - you're absolutely correct that stock dividends count as investment income for Form 4952 purposes. I've successfully used this approach with my own investment portfolio. One thing I learned the hard way: timing is crucial for the delayed financing approach. The IRS has specific rules about when borrowed funds are considered "used for investment." You generally have 30 days from receiving the loan proceeds to invest them, and another 30 days to allocate the interest expense properly on your books. Also, keep meticulous records! I created a dedicated investment account solely for the borrowed funds and documented every transaction. This made my tax preparation much smoother and gave me confidence if the IRS ever questions the deduction. For your situation with potentially $108k in deductible interest, make sure you have sufficient net investment income to absorb it all. Any excess investment interest expense carries forward to future years, which is helpful but means you don't get the immediate tax benefit. One last tip: consider consulting with a tax professional before implementing this strategy, especially given the dollar amounts involved. The savings can be substantial, but the documentation requirements are strict.
Just to add to what others have said about the hobby vs business distinction - if you decide to treat your glassblowing as a business (which sounds like your best option tax-wise), make sure you're also tracking all possible business expenses! Some people miss deductions for: - Home office space if you do any work at home - Mileage for all business-related driving (studio, supply shopping, delivering pieces) - Phone/internet portion used for business - Marketing costs (business cards, website fees) - Education (any classes or books about improving your glassblowing) - Tools under $2500 can usually be deducted immediately Also, keep in mind that if you make over $400 net profit, you'll need to pay self-employment tax (15.3%) on that profit. But the good news is you can deduct half of that tax on your return.
This is super helpful! I didn't realize I could potentially deduct part of my internet or education expenses. Are there any red flags I should avoid that might increase my chances of getting audited? I'm worried about claiming too many deductions.
The biggest red flag would be claiming business losses year after year while having substantial income from other sources - the IRS might see that as trying to create artificial losses to offset other income. Make sure your deductions are reasonable and proportional to your income. For example, claiming $5000 in expenses against $2300 in glassblowing revenue would look suspicious. Keep receipts for everything you deduct, and make sure expenses are truly ordinary and necessary for your business. For mixed-use items like phone or internet, only deduct the percentage used for business (like 15-30% for most side hustles). For mileage, keep a log showing dates and business purpose. One lesser-known tip: having a separate bank account and credit card for business transactions makes your record-keeping much stronger in case of questions. This separation shows business intent and makes it easier to track legitimate expenses.
One thing nobody has mentioned yet - if you sell more than $600 worth of items on platforms like eBay, PayPal, Etsy, etc., they'll likely issue you a 1099-K form starting this year. This doesn't change your tax liability, but it means the IRS will know about that income. For your arcade machine example, even though it's a personal item sold at a loss (which isn't taxable), you might still get a 1099-K if you sell it through an online platform. If that happens, you'll need to report the sale on your return to match the 1099-K, but then show that it was a personal item sold at a loss so it doesn't create taxable income. The 1099-K threshold used to be much higher, but now it's just $600, so a lot more casual sellers are getting these forms than in previous years.
Do you know how we're supposed to report personal items sold at a loss to "match" the 1099-K? I sold a bunch of old electronics and collectibles from my collection last year at way less than I paid, but got a 1099-K from eBay. I can't figure out where this goes on the tax forms.
For personal items sold at a loss where you received a 1099-K, you'll typically report this on Form 8949 and Schedule D (the same forms used for stock sales). You list each item sold, show your original cost basis (what you paid for it), the sale price from the 1099-K, and the resulting loss. Since these are personal items, the losses aren't deductible - they just offset the income reported on the 1099-K to show zero taxable gain. Make sure to keep documentation of your original purchase prices (receipts, credit card statements, etc.) to support your cost basis. Some tax software will have a specific section for "personal item sales" or "non-business bad debt" that handles this automatically. The key is making sure the gross proceeds match what's on your 1099-K so the IRS systems don't flag a discrepancy.
Alexis Renard
You mentioned buying your first home - don't forget there are first-time homebuyer benefits that might help with your overall financial situation even if they don't directly relate to the car sale. Depending on your state, there might be assistance programs. Also, make sure you're tracking all your closing costs - some of them might be tax deductible next year!
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Camila Jordan
โขThis is so true! I got a $10,000 grant from my state's first-time homebuyer program last year that I didn't have to repay. Definitely worth looking into what's available in your area. What state are you in?
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Keisha Williams
Great question! As others have mentioned, you're likely in the clear tax-wise since personal vehicles almost always depreciate. Just to be thorough though, make sure you keep documentation of what you originally paid for the Camry (purchase receipt, financing documents, etc.) and what you sell it for. One thing I'd add - if you've made any significant improvements to the car over the years (major repairs, new engine, etc.), keep those receipts too as they can be added to your "cost basis" if needed. But honestly, with a 6-year-old Camry selling for $11,500, you're almost certainly selling at a loss from what you paid originally. Good luck with the home purchase! Using your car sale proceeds for a down payment is a smart move - just make sure your lender knows where that money is coming from so there are no surprises during underwriting.
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