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Another option that hasn't been mentioned - if you have good credit, you might consider a personal loan to pay the IRS in full, then pay back the loan over time. Sometimes the interest rate on a personal loan can be lower than the combined interest and penalties from the IRS (which can run about 8-10% annually when combined). Credit unions often have the best rates. I did this a few years back when I owed about $9k, got a loan at 6.5% which saved me money versus the IRS plan.
Thanks for suggesting this. Do you know if taking out a loan would impact my credit score significantly? Mine's currently around 720 and I'm trying to save up for a house in the next year or two.
There would be a small initial dip when the lender does a hard credit pull, maybe 5-10 points. Then your score might drop a little more when the new account appears, reducing your average account age. However, if you make all payments on time, your score should recover within a few months and potentially go even higher as you demonstrate responsible payment history. The biggest risk to your score would be from missing payments on the loan, which would be much worse than the temporary dips from opening the account.
Just a heads up - don't ignore this or miss the filing deadline even if you can't pay! File on time and pay whatever you can, even if it's just a small amount. The failure-to-file penalty is much worse than the failure-to-pay penalty. Failure-to-file is 5% of your unpaid taxes for each month your return is late, up to 25%. Failure-to-pay is only 0.5% per month, up to 25%. Also, make sure you request the payment plan before the tax deadline if possible. I learned this the hard way!
This is super important advice. I put off filing one year because I couldn't pay, and those failure-to-file penalties were brutal. Ended up owing way more than I would have if I'd just filed and set up a payment plan right away.
Something that gets overlooked in these discussions - consider the exit strategy before picking a location. I set up in Delaware thinking it was always the best, but when I sold some equity positions last year, I faced unexpected tax complications because of California's aggressive approach to taxing residents with out-of-state entities. Make sure you understand the interaction between federal capital gains taxes and state tax obligations for equity sales. Your holding company location affects more than just annual taxes - it has major implications when you eventually sell those investments.
Would you mind explaining a bit more about those unexpected complications with California? I'm in a similar situation with a Delaware entity but live in California.
Sure thing. California takes the position that if you're a CA resident managing the holding company, they can tax the income and capital gains regardless of where the entity is formed. What happened in my case was that I had created a Delaware holding company owning several startup equity positions, but since I was making all investment decisions from California, the state considered it a California business. When I sold two of my positions for a significant gain, California required me to pay state tax on the entire gain, effectively ignoring the Delaware structure. I also had to deal with California's "doing business" fee since they deemed my holding company to be operating in California. The real surprise was that I still had to pay Delaware franchise tax while also being fully taxed by California - basically getting the downsides of both states without the expected benefits of Delaware.
Has anyone considered using an IRA to hold startup equity instead of a holding company? I've heard this can provide tax advantages for certain types of investments, especially if you expect significant appreciation.
That's actually a complicated area. You can use a Self-Directed IRA for certain equity investments, but there are prohibited transaction rules that can easily be violated with startup equity. If you're actively involved with any of the companies, it's especially problematic. Plus many equity compensation types like ISOs and NSOs can't be held in IRAs directly.
16 One thing nobody's mentioned yet - check if you qualify for an Offer in Compromise. If you genuinely cannot pay the full amount, the IRS might accept less than the full payment. You can use the pre-qualifier tool on the IRS website to see if you might be eligible: https://irs.treasury.gov/oic_pre_qualifier/ I went through this process after a messy divorce left me with tax debt I couldn't handle. The process is lengthy and you need to provide extensive financial documentation, but it can be worth it if you truly can't pay.
11 Is there a minimum amount of tax debt for an Offer in Compromise to be worth it? I owe about $6,500 which is a lot for me right now but not like tens of thousands.
16 There's no minimum amount required for an Offer in Compromise, but the process is intensive enough that it's usually pursued for larger debts. For $6,500, a payment plan might be simpler unless you have extreme financial hardship. The IRS looks at your ability to pay, income, expenses, and asset equity. They essentially ask: "Could we reasonably expect to collect more from you over time than what you're offering now?" If your financial situation is truly dire with no improvement in sight, it could be worthwhile even for smaller amounts.
20 Whatever you do, DO NOT ignore this or fail to file! I made that mistake a few years back and ended up owing way more in penalties and interest than my original tax bill. File your return by April 15 even if you can't pay a cent. Also, credit card payments are technically an option through third-party processors, but they charge processing fees around 2% AND you'd be paying the high credit card interest. Usually better to go with an IRS payment plan where the combined penalties and interest often work out to less than credit card interest.
3 Would it make sense to put like half on a credit card (the amount I could pay off in 2-3 months) and then get on a payment plan for the rest? My tax bill is around $4300 and I could probably handle about $2000 on my card.
One thing nobody has mentioned yet - there was a change to the AMT credit rules with the Tax Cuts and Jobs Act that might help you. Starting in 2018, you can recover AMT credits at a minimum rate of 50% per year for tax years 2018-2020, and 100% in 2021. However, I'm not sure if that would apply to your situation since you paid the AMT more recently. But definitely look into Form 8801 as others have mentioned. The key is to start claiming that credit each year, even if you can only get a portion back annually.
Thanks for this info. Do you know if there's any time limit on when I need to start claiming the AMT credit? I paid this in 2022 and haven't done anything about it yet because I didn't understand I could recover any of it.
There's no time limit on when you can start claiming your AMT credit - it carries forward indefinitely until it's used up. So even though you paid in 2022, you can start claiming it on your next tax return and continue in future years until you recover the full amount. Just make sure you file Form 8801 "Credit for Prior Year Minimum Tax" with your tax return each year to claim the credit. If your income drops significantly after losing your job, you might actually be able to recover a larger portion of the credit than you expect in the coming tax year.
One strategy nobody's mentioned - since you've been laid off, your income this year will likely be much lower. This could create a perfect opportunity to sell some of those shares, realize the capital loss, and potentially accelerate your AMT credit recovery. When your regular tax is lower than your AMT (which often happens in higher-income years), you can't claim as much of the AMT credit. But in lower-income years, the difference between regular tax and AMT calculations can work in your favor for claiming more of that credit. This is definitely a situation where running some tax projections would be helpful before making any moves.
QuantumQuasar
One thing nobody's mentioned yet - if your business equipment (like that laptop) costs over $2,500 total, you might want to look into Section 179 deduction vs. regular depreciation. Section an let you deduct the whole business portion in year 1 instead of spreading it out over 5 years. I did this with my photography equipment last year and it made a huge difference in my tax bill! Just remember that if you sell the equipment later, you might have some "recapture" to deal with.
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Liam McGuire
ā¢Can you still do Section 179 if you're showing a loss in your business? My side gig isn't profitable yet but I bought a lot of equipment.
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QuantumQuasar
ā¢That's an important point - Section 179 is limited to the amount of business income you have. If your business shows a loss or you don't have enough business income to cover the equipment cost, you can't fully use Section 179 in the current year. In your case, with a side gig that's not profitable, you might be better off using regular depreciation to spread the deduction over several years. That way you can use those deductions in future years when your business hopefully becomes profitable.
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Amara Eze
Just be careful about claiming too many business expenses if your business isn't showing a profit yet! The IRS has a "hobby loss rule" where if you don't show a profit in 3 out of 5 years, they might classify your business as a hobby and disallow all your deductions. I learned this the hard way when my crafting business got audited. Make sure you're keeping good records and can show that you're running things in a businesslike manner with the intention to make a profit.
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Giovanni Greco
ā¢Is this still true? I thought they changed some rules around the hobby loss presumption recently.
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