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My stepdad was in a similar situation and he just decided to liquidate everything without checking the basis issues first. Ended up owing way more in taxes than expected because there was no step-up and he had to use the original basis from like 40 years ago. Don't make that mistake! Get a proper analysis before you sell anything. Either use one of the services mentioned above or talk to a CPA who specializes in trust taxation. The rules around irrevocable grantor trusts are really specific and depend on how the trust was structured.
Can confirm this happens a lot! I'm an estate paralegal and see people make this mistake all the time. The basis rules for irrevocable trusts are completely different than for assets inherited directly. One detail can make all the difference.
Another option to consider if the stocks have declined in value and you're concerned about taxes - you could distribute the stocks to the trust beneficiaries first, then they could sell them individually. Depending on the beneficiaries' tax situations, this might provide better overall tax treatment, especially if any of them are in lower tax brackets. But this would depend entirely on the terms of the trust and whether distributions of stock (rather than cash) are permitted. Worth discussing with your trust attorney if that's an option.
Heads up on the Section 179 deduction - make sure you're aware that if your business use drops below 50% within the "recovery period" (which is 5 years for most equipment), you'll have to "recapture" some of the deduction as income. This happened to me with a tractor I bought a few years ago - had to report additional income when my business use dropped.
That's really good to know, thanks! Is there any specific way you need to track usage to prove the business percentage? Like a logbook or something?
Yes, definitely keep a usage log! I learned this the hard way. Document dates, hours of operation, and whether each use was personal or business. Take photos of job sites where you're using it for business purposes. Keep all receipts for jobs where you used the equipment. If you're using it on your own property sometimes, be very clear about which uses are business-related (like digging a trench for a paying customer) versus personal (improving your own property). The more detailed your records, the better you'll be if you get audited.
I started a small excavation business last year and used TurboTax Home & Business to handle my taxes. It worked fine for me and walked through all the Section 179 stuff pretty clearly. The software was like $120 which seemed worth it given the size of the deduction I was taking.
Did TurboTax handle all the Schedule C stuff well? I'm considering using it this year but worried about missing deductions for my new pressure washing business.
One thing to consider - the IRS is much more likely to pursue cases with large dollar amounts. You mentioned you only made about $9k over 2 years, so the actual tax difference from your incorrect deductions is probably relatively small. The IRS has limited resources and generally focuses on higher-value cases. That's not to say you shouldn't correct the mistake, but the chances of them coming after you specifically with fraud charges over what's likely a few hundred dollars in tax difference is pretty low. They're looking for the big fish who are hiding tens or hundreds of thousands.
That's actually really reassuring. I've been losing sleep over this! So you think filing amended returns is the way to go? About how much should I expect to pay in penalties if I come forward voluntarily?
Filing amended returns is definitely the right approach. For voluntary corrections, you'll likely just pay the additional tax you would have owed originally, plus interest on that amount from the original due date. The interest rates change quarterly but have been around 5-7% recently. If the IRS assesses penalties, the most common one would be an accuracy-related penalty of 20% of the unpaid tax amount. However, these are often waived or reduced when you voluntarily come forward to fix honest mistakes, especially for relatively small amounts. You can also include a letter explaining your misunderstanding of the rules when you file the amended returns, which can help your case further.
Make sure you're clear about what constitutes fraud vs. a mistake. I work in tax preparation, and fraud requires INTENT. The legal standard for civil fraud includes: 1) Deliberate understatement of income 2) Claiming fictitious or inflated deductions 3) Keeping multiple sets of books 4) Making false entries or alterations 5) Claiming personal expenses as business expenses 6) Hiding assets Your situation sounds like it falls under "negligence" rather than fraud. The penalty for negligence is 20% of the underpayment, while civil fraud penalties are 75%. Huge difference! And negligence penalties can often be abated if you have reasonable cause.
Do you think the 100% business use claim could push this into fraud territory though? That seems like a pretty obvious misrepresentation, especially for a college student who would clearly need the car for personal stuff too.
Don't forget you can choose between taking the standard mileage deduction (56 cents per mile in 2021) OR itemizing your actual car expenses (gas, maintenance, depreciation, etc.). For most people who only did rideshare briefly, the standard mileage rate is way easier and usually better. But you need to have kept track of your miles!
Thanks for this! I didn't track my miles super carefully since I only drove for those couple days. Is there any way to reconstruct this after the fact or am I just out of luck?
You can try to reconstruct your mileage based on records you might have. Lyft should have records of the actual rides and miles driven with passengers, but that doesn't include the miles driven between rides or positioning yourself. If you have a general idea of the areas you worked and approximately how much "dead" mileage you had between rides, you can make a reasonable estimate. Some tax pros recommend using a 1.2x to 1.3x multiplier on your actual ride miles to account for the between-ride miles, though this varies based on your market.
Make sure you put aside enough for taxes on that Lyft income! Unlike your W-2 job, there's no withholding on 1099 income. You'll owe income tax plus self-employment tax (15.3%) on your profit. Even after deductions, you might be surprised by how much you owe if you're not prepared.
Is there a way to calculate approximately how much I should set aside? I just started doing Instacart as a side gig.
Paige Cantoni
I work at a tax office (not an accountant, just admin) and see this issue frequently. The IRS has been particularly bad with SEP IRA deductions lately. Look carefully at your 5498 form from your financial institution - make sure the contribution is properly marked for the correct tax year. We've had several clients where the financial institution reported the contribution correctly but checked the wrong tax year box. When this happens, the IRS computer automatically disallows the deduction because they can't match it to their records.
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Wesley Hallow
ā¢That's really helpful! I'll double check my 5498 form. Is there a specific place on the form where it shows which tax year the contribution is for? My contribution was made in April 2025 but designated for 2024 tax year.
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Paige Cantoni
ā¢Look at Box 8 of Form 5498. It should specifically indicate "SEP contributions" and show the amount. Most importantly, the form should have the correct tax year printed at the top (2024 in your case, even though it was issued in 2025). If the form shows the contribution but lists it for the wrong year, ask your financial institution to issue a corrected 5498. This happens more often than you'd think, and most institutions can fix it pretty quickly if you point out the error.
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Kylo Ren
Just wondering - did you check if the IRS applied the refund to any past tax debts or other federal debts? Sometimes they'll take part of your refund for things like old student loans or past tax bills without very clear notification.
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Wesley Hallow
ā¢Good thought! I checked the transcript pretty carefully and didn't see any offsets or redirects of the funds. It specifically shows they just calculated a lower refund amount because they zeroed out the SEP IRA deduction line. No other debts or issues mentioned.
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Kylo Ren
ā¢That's definitely an IRS processing error then. One more tip - when you do call them, make sure to use the specific phrase "math error authority" when explaining your situation. This is a technical term they use internally and can sometimes help get your case to the right department faster.
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