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You might also want to look into the Lifetime Learning Credit as an alternative. There's no limit on the number of years you can claim it. The credit is worth up to $2,000 (20% of the first $10,000 in qualified education expenses). It's not as generous as the AOTC's $2,500, but it's better than nothing if you're no longer eligible for AOTC. The Lifetime Learning Credit also has fewer restrictions - your brother doesn't need to be pursuing a degree or enrolled at least half-time. Just having taken one or more courses at an eligible institution is enough to qualify.
That's a great point about the Lifetime Learning Credit! Do you know if the income limits are the same as the AOTC? My brother makes around $65,000 per year, so I wasn't sure if he'd still qualify.
For 2025, the Lifetime Learning Credit begins to phase out at $80,000 for single filers ($160,000 for married filing jointly) and is completely phased out at $90,000 ($180,000 for joint filers). Since your brother makes around $65,000, he would be eligible for the full credit amount based on his qualified expenses. The income limits are slightly different than the AOTC, which begins phasing out at $80,000 ($160,000 joint) and completely phases out at $90,000 ($180,000 joint). So at $65,000 he'd be under the threshold for either credit - it really comes down to which one he's eligible for based on his education status.
I think there's some confusion about how the "first 4 years of postsecondary education" are counted. It's not about calendar years or how many years you've physically attended. It's about academic progress toward a 4-year degree. If your brother was enrolled in a bachelor's program but only completed enough credits for an associates degree, the IRS would typically consider that as completing approximately 2 years of postsecondary education. Starting a new associates program doesn't reset the clock, but it also doesn't automatically disqualify him. The key question is: How many credit hours had he completed toward a 4-year degree? If he had completed less than the equivalent of 4 years of academic credit hours, he might still be eligible.
This is correct. My tax accountant explained that it's about your academic standing, not time spent in school. A student is considered to have completed the first 4 years if they've completed enough credit hours to be classified as a senior (4th year) or above at their educational institution.
One thing nobody has mentioned yet about MMLLC vs S-corp - operating agreements are SUPER important, especially with 4 partners. Make sure you have detailed provisions for: - How profits/losses are allocated (doesn't have to be equal to ownership %) - What happens if someone wants out - Management responsibilities and voting rights - Capital contribution requirements My brother-in-law's multi-member LLC imploded because they didn't have this stuff spelled out clearly. The tax structure matters, but the operating agreement will save you major headaches.
This is really helpful! We have a basic operating agreement drafted but haven't addressed the profit/loss allocation part in detail. Would you recommend getting a specialized business attorney to help with this, or are there good templates we could use as a starting point?
I would absolutely recommend getting a specialized business attorney for this. Templates are a starting point, but with four partners and potentially complex profit-sharing arrangements, you need customization. The attorney cost us about $1,500 for a solid operating agreement, but it was worth every penny. For your escape room business, you'll want specific provisions that address how to handle capital-intensive improvements, marketing expenses, and the sweat equity some partners might contribute versus purely financial investments. The attorney can also help structure things to maximize the tax benefits whether you go MMLLC or S-corp route. Think of it as insurance against future partner disputes.
A practical tip from someone who runs 2 escape rooms: regardless of whether you go MMLLC or S-corp, set up good bookkeeping from DAY ONE. Our first year was a nightmare at tax time because we mixed personal and business expenses and didn't track properly. QuickBooks Online worked well for us, but there are cheaper options like Wave that are good too. Just make sure you're categorizing everything correctly and keeping good records of all your startup costs (which can be substantial for escape rooms with all the props and tech).
Has anyone used the simplified home office deduction for their side business? It's $5 per square foot up to 300 square feet instead of calculating all the actual expenses. Seems easier if you qualify!
I use the simplified method for my Etsy shop and it's so much easier than tracking all those expenses. But remember you still need a space that's EXCLUSIVELY for business use. I converted a small closet (about one-sixth of my apartment's square footage) to store inventory and take product photos, and I only claim that area.
Important point: make sure you're documenting everything in case you get audited. Take photos of your office space, keep receipts for all business purchases, maintain a log of when you use the space for business vs. employment, etc. Trust me, you do NOT want to be scrambling for documentation if the IRS comes knocking!
Another approach to consider: have your relatives contribute to a donor-advised fund in their name, then grant the money to the charity. They can bunch multiple years of donations together to exceed the standard deduction threshold in one year, itemize that year, then take the standard deduction in subsequent years. This is actually more tax-efficient than your proposed arrangement because they get the direct tax benefit rather than passing it through you. My family has been doing this for years to maximize our charitable deductions while still taking advantage of the higher standard deduction.
That's an interesting alternative I hadn't considered! Do you know if there are minimum contribution requirements for donor-advised funds? My relatives aren't wealthy - they're just making modest donations ($2-3k annually) but take the standard deduction because it's higher than their potential itemized deductions.
Most of the major donor-advised funds (Fidelity Charitable, Schwab Charitable, Vanguard Charitable) have minimum initial contributions of $5,000, but some community foundations offer them for as little as $1,000 to get started. The real power comes from "bunching" - instead of donating $3k each year, they could save up and donate $9k every third year. In the "bunch" year they might have enough deductions to itemize, then take the standard deduction the other two years. This way they control the timing and can maximize tax benefits. There are also no ongoing minimum grant requirements with most funds - you can recommend grants as small as $50 to charities.
I think people are overthinking this. I've been doing exactly what you described with my sister for years with no issues. She gifts me money, I donate it, I get the deduction. We keep it simple - she writes "gift" in the memo line of the check, I deposit it in my account, and I make the donation later. The IRS doesn't have mind-reading abilities to know your "intention." As long as it's properly documented as a gift to you, what you later choose to do with your money is your business. The tax code is designed to encourage charitable giving. Using legitimate methods to maximize deductions is just smart tax planning, not evasion.
This advice could potentially get someone in trouble. While the IRS can't read minds, they absolutely can and do look at patterns of transactions and their timing. If they audit and find a clear pattern showing the gifts were conditional on donation, they could disallow the deduction and potentially add penalties. The substance-over-form doctrine allows the IRS to recharacterize transactions based on their economic reality rather than just their legal form. If the only purpose of the transaction is tax avoidance, it's riskier than people realize.
The key is that there's no legal obligation for me to donate the money. Yes, we have an understanding, but it's not contractually binding. My sister couldn't sue me if I decided to spend the money on a vacation instead. The substance-over-form doctrine typically applies to elaborate corporate tax shelters, not ordinary family financial arrangements. The reality is that the IRS is severely understaffed and focused on much bigger issues than families trying to maximize charitable deductions. Unless you're talking about huge sums of money, this just isn't on their radar.
CosmicCommander
One thing nobody mentioned yet - look into the First Time Penalty Abatement program from the IRS. If you haven't had any issues in the 3 years before your first missed filing, you might qualify to have penalties waived for one tax year. Won't help for all 15 years but could save you some money on at least the first year's penalties. Also check your state's voluntary disclosure program. Some states have amnesty options if you come forward voluntarily before they come after you (though sounds like they already found you in the past).
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Yuki Kobayashi
ā¢Thank you for mentioning this! I had no idea about the First Time Penalty Abatement program. Do you know if I would still qualify even though they had already levied my bank account years ago?
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CosmicCommander
ā¢Unfortunately, since they've already taken collection actions like bank levies, you probably won't qualify for First Time Penalty Abatement. That program is typically for taxpayers who haven't had prior issues. However, you might still qualify for abatement under "reasonable cause" if you can demonstrate that your failure to file and pay was due to circumstances beyond your control - things like serious illness, inability to obtain records, or certain types of hardship. The anxiety and depression you mentioned might actually help your case, especially if you have any documentation from a healthcare provider.
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Giovanni Colombo
Quick question - do you have any retirement accounts or investments you can liquidate to pay this off? I was in a similar situation (8 years unfiled) and ended up taking the hit on an early 401k withdrawal to clear my tax debt. The 10% penalty hurt but it was worth it to wipe the slate clean and stop the interest from continuing to accrue.
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Fatima Al-Qasimi
ā¢That's terrible advice. Don't raid retirement accounts to pay tax debt! The IRS payment plans have relatively low interest rates compared to the long-term growth you're giving up. Plus you'll pay penalties on top of taxes for early withdrawal.
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