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Just to add one point that hasn't been mentioned - make sure your QOF itself remains compliant with the 90% asset test throughout the holding period. I had a QOF investment where the fund manager failed to maintain compliance, and it jeopardized the tax benefits for all investors. Ask your QOF for their compliance certifications annually. The last thing you want is to wait 10 years only to discover the fund wasn't properly maintaining its QOF status. The IRS doesn't care if it was the fund manager's fault - you'll still lose your tax benefits.
That's a really good point I hadn't considered. Do you know how I can verify this? Does the QOF send investors some kind of annual compliance statement, or do I need to specifically request this information?
Most reputable QOFs will send investors an annual statement confirming they've maintained compliance with the 90% asset test and other requirements. If you're not receiving this, definitely request it directly from your fund manager. Some funds also provide access to a secure investor portal where they post compliance documentation. The key documents to look for are their biannual asset test certifications (they have to test compliance every 6 months) and any communications with the IRS about their QOF status. I'd recommend setting a calendar reminder to check this twice a year. It's much better to identify compliance issues early rather than discovering a problem years later when it's too late to take corrective action or move your investment to a compliant fund.
Just to confirm what others have said, I'm a fund manager for a QOF and we have several investors in similar situations. The tax-free appreciation after 10 years applies to your entire investment, not just the deferred portion. As others mentioned, keep good records of your initial investment and the sources of funds. We provide our investors with annual statements confirming our ongoing compliance with QOF requirements. One thing to watch for: if you add additional money to your QOF investment later, that would be tracked separately with its own 10-year clock starting from the date of the additional investment.
Is there any way for individual investors to confirm their QOF is actually registered properly with the IRS? I'm in a smaller fund and wondering if there's some public registry we can check.
There's no public registry that investors can check directly. QOFs self-certify by filing Form 8996 with their tax returns. As an investor, the best you can do is request a copy of the fund's most recent Form 8996 filing and their biannual asset test documentation. A legitimate QOF should have no problem providing these documents to investors. If your fund is reluctant to share this information, that could be a red flag. You could also request confirmation that they've filed the necessary paperwork with the IRS each year to maintain their QOF status.
One thing nobody has mentioned - you should check if your state taxes PFML benefits differently than the federal government. In my state, they're not taxable at the state level even if they're taxable federally. Might save you some money on state taxes at least. Also, even if you do end up owing, you can request a payment plan from the IRS. They're generally pretty reasonable about setting up monthly payments if you can't pay the full amount at once. Just make sure you respond to the notice by the deadline even if just to request more time.
Do you know if there's a penalty for not having paid this originally? I'm in a similar situation with PFML benefits from 2022 and worried about penalties and interest on top of the taxes.
There's usually an underpayment penalty plus interest that accrues from the original due date of the return. However, you might qualify for penalty abatement if this is your first time having an issue with the IRS and you have a clean compliance history for the previous 3 years. The IRS calls this "First Time Abatement" and it's relatively easy to get if you qualify. You'd still owe the tax and interest, but they can remove the penalties. You have to specifically request this though - they won't automatically give it to you.
Has anyone successfully contested one of these PFML tax notices? I received exactly the same notice about my 2022 PFML benefits, but I'm absolutely certain my premiums were paid post-tax. I have all my paystubs showing the deductions. What's the best way to format a response to the IRS?
I successfully contested mine. The key was proving the premiums were paid post-tax. I submitted a letter from my employer's HR department confirming the PFML premiums were deducted after taxes, copies of my paystubs showing the deductions, and my W-2 showing the full wages were reported (indicating no pre-tax deductions for PFML). I also included the relevant IRS guidance on taxability of disability benefits based on premium payment method. It took about 8 weeks, but they reversed the determination.
One thing nobody has mentioned yet is that income tax in the US is a progressive system. That means different portions of your income get taxed at different rates. So the first chunk of money you make might be taxed at 10%, the next chunk at 12%, and so on. This is super important to understand because sometimes people think getting a raise will somehow make them take home less money because they "move into a higher tax bracket" - that's not how it works! Only the amount above each threshold gets taxed at the higher rate.
This is blowing my mind. So if the tax bracket changes at say $50,000, and I make $51,000, only that extra $1,000 gets taxed at the higher rate? Not my entire income? Why doesn't anyone explain this clearly??
Exactly! You've got it right. If the bracket changes at $50,000 and you make $51,000, only that extra $1,000 gets taxed at the higher rate. Your first $50,000 is still taxed at the lower rates. It's one of the biggest tax misconceptions out there. I think it doesn't get explained clearly because even some managers and HR people don't understand it fully. I've heard countless stories of people afraid to take raises or overtime because they thought they'd lose money. The truth is, earning more money will always result in taking home more money (even after the tax increase on that portion).
Anyone have recommendations for good tax software for beginners? I'm trying to understand all this income tax stuff but also want to make sure I file correctly when the time comes.
TurboTax is probably the most user-friendly for beginners. It basically interviews you and explains tax concepts as you go. It costs more than some others, but the guidance is helpful when you're just starting out. FreeTaxUSA is a good cheaper option if your taxes are simple.
There's actually something important to consider here that nobody has mentioned yet. If the conference is an educational event that maintains or improves skills needed for your current business, it's deductible. But if it qualifies you for a new trade or business, the IRS might not allow the deduction. Also, don't forget you can deduct not just the conference fee but also related travel expenses, meals (50% limitation applies), and materials. Make sure to keep detailed records of everything!
This is a really good point about new skills vs improving current skills. How can you tell the difference though? If the conference has some sessions on topics I currently work with and some on areas I want to expand into, how would the IRS view that?
The key distinction is whether the education maintains/improves skills in your current business versus qualifying you for a completely new profession. If you're already in the field and attending sessions that expand your knowledge within that same general area, that's usually deductible even if it covers some new aspects. For example, if you're a marketing consultant attending a digital marketing conference that includes some sessions on emerging platforms you haven't worked with yet, that's still improving skills in your current profession. The IRS is mainly concerned with preventing people from deducting education that represents a career change (like a real estate agent deducting law school tuition).
I know I'm late to this thread but wanted to mention that if you're planning to attend a conference in 2025 but pay in 2024, consider your expected income for both years. If you think you'll be in a higher tax bracket in 2024, getting the deduction in that year might be more beneficial even if you have to pay earlier than required.
Good point about tax brackets! I did this last December - prepaid about $3,000 in business expenses that weren't due until January because I had an unusually high income year and wanted to reduce my 2024 tax bill.
Javier Cruz
One thing nobody has mentioned - the IRS actually has a specific form for this situation. If you're worried about your uncle causing problems, you can file Form 8836 "Qualifying Relative Information Statement" with documentation that proves you provided more than half his support and that he lived with you. This is a proactive approach rather than waiting for an IRS notice. The form requires detailed information about the support you provided and other potential contributors (like his sons sending cash).
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AstroAlpha
ā¢Thanks for mentioning this! I looked it up but couldn't find a Form 8836 specifically for dependent disputes. Are you sure about the form number? I found some information about attaching a statement to my return, but not a specific form.
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Javier Cruz
ā¢I apologize for the confusion! You're right - I made an error on the form number. There isn't a specific Form 8836 for dependent disputes. What I was thinking of is that in disputed dependent situations, the IRS may ask you to complete a "Dependency Exemption Questionnaire" during an examination, but this isn't something you can file proactively. My mistake came from mixing up IRS procedures. What you can do proactively is keep detailed records of support provided and be prepared to substantiate your claim if questioned. Some tax professionals also recommend attaching a statement with your return explaining the support situation in potentially disputed cases, though this isn't required.
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Emma Thompson
What matters most is if you meet the actual IRS tests for claiming a dependent, not whether someone "consents" to being claimed. Check out Publication 501 on the IRS website. For a qualifying relative (non-child), there are 4 main tests: 1. Not a qualifying child of anyone 2. Related to you OR lived with you all year 3. Gross income under $4,950 (for 2023) 4. You provided more than half their support If those cash gifts from his sons were substantial and used for supporting himself (like if he was saving it up for rent elsewhere), that could potentially disqualify you on the support test. But if you can prove you provided housing, utilities, food, etc. that exceed whatever support he got elsewhere, you should be fine.
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Malik Jackson
ā¢Would the uncle have to prove he DIDN'T live with OP? Or would OP have to prove the uncle DID live with them? I'm confused about who has the burden of proof here.
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