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Do I need to pay Excise Tax for my LLC if I import foam products?

Hey tax folks, I recently formed an LLC and was going through the process of getting my EIN. During the application, I ran into a question about Form 720 (Quarterly Federal Excise Tax Return). The help section says I should answer "yes" if any of the listed items apply to my business. The item that's confusing me is: "Does your business import electronic or foam items manufactured in a foreign country?" Here's my situation - I'm planning to dropship products from overseas websites (like AliExpress) directly to my customers. Some of these products contain foam components (cushions, padding, etc.) or electronic parts. When I looked at the Form 720 instructions, it states: "Tax is imposed on an ODC when it's first used or sold by its manufacturer or importer. The manufacturer or importer is liable for the tax." Since I'm not physically importing these items myself (they're shipped directly to customers), am I still considered the "importer" for tax purposes? And does this rule apply to ANY product containing foam or electronics, like furniture with cushions or decorative items with electronic components? I'm trying to figure out if I need to deal with this excise tax situation or if I'm overthinking it. My gut feeling is that since I'm basically acting as a middleman and not directly importing in bulk, this wouldn't apply to me - but I want to make sure before I answer incorrectly on my EIN application. Thanks for any guidance!

Just to add one more perspective - I ran into this exact issue last year and ended up answering "No" on the EIN application regarding Form 720 after confirming my products didn't contain ODCs. I found that most modern furniture and consumer goods use alternative foaming agents that aren't subject to the excise tax. My suppliers were able to provide certification that their products don't use the regulated chemicals. If you're dropshipping common consumer items like household goods or typical furniture, chances are they're using newer, compliant materials. The excise tax mainly applies to specific industrial chemicals and older manufacturing processes.

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Amina Sow

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That's really helpful to know! Did you just email your suppliers and ask directly about ODCs? I'm wondering what exactly I should say to them since many are overseas and might not understand US tax terminology.

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I asked my suppliers for a "Material Safety Data Sheet" (MSDS) or product composition documentation that specifically lists all chemical components used in foam manufacturing. Most legitimate suppliers have these documents readily available. When communicating with overseas suppliers, I found it helpful to mention specific chemical names rather than just asking about "ODCs." I'd ask: "Does your foam contain CFCs, HCFCs, carbon tetrachloride, or methyl chloroform?" These are the main chemicals that trigger the excise tax. If they seem confused, you can also ask for their environmental compliance certificates - many products exported to the US already have documentation showing they meet ozone protection standards, which essentially confirms they don't use the taxable chemicals.

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Nia Watson

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This thread has been incredibly helpful - I was dealing with the same confusion about excise taxes for my dropshipping business. Based on all the advice here, I reached out to my AliExpress suppliers with the specific chemical names mentioned (CFCs, HCFCs, etc.) and was able to get confirmation that their foam products use modern, compliant foaming agents. For anyone still struggling with this, I'd recommend the multi-step approach: first ask suppliers for MSDS sheets or environmental compliance certificates, then if you're still unsure, consider using one of the services mentioned here to get professional clarification. The key insight from this discussion is that most consumer products today DON'T use the old chemicals that trigger excise tax requirements. Thanks especially to Sofia for the specific chemical names to ask about - that made all the difference in getting clear responses from my overseas suppliers!

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Avery Flores

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Whatever u do DONT IGNORE IT! Thats the worst thing u can do frfr. Stay on top of it and youll be fine

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Had a similar CP75 audit situation last year - they definitely won't take your wages right away. The IRS has to go through a whole process before garnishment. First they'll send more notices, then offer payment plans. If you do owe the $9,193, they'll likely offset your 2024 refund first before considering wage garnishment. The key is responding to the audit with all your documentation - school records for your kids, proof they lived with you, income verification, etc. Don't let the scary language freak you out too much, just gather your paperwork and respond within 30 days. You got this! šŸ’Ŗ

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How are you guys handling the furniture and stuff in your short term rentals? Do you just buy everything outright or do some kind of furniture rental? I'm trying to figure out the most tax-efficient way to furnish my basement apartment rental.

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I buy everything outright and then depreciate the larger items (beds, couches, anything over $2,500) over 5-7 years depending on the item. For smaller items (under $2,500 each), I use the "de minimis safe harbor election" which lets you deduct them entirely in the year you buy them instead of depreciating. Makes the paperwork way simpler!

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Alice Pierce

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Thanks for sharing all this helpful information everyone! I'm still wrapping my head around the personal use tracking requirements. One question I have - when you're calculating the percentage split between rental and personal use, do you base it on total days in the year or just the days when the space was actually occupied (either by renters or yourself)? For example, if my basement was rented for 100 days, I used it personally for 20 days, and it sat vacant for 245 days, do I calculate personal use as 20/365 days or 20/120 occupied days? This seems like it would make a huge difference in how expenses get allocated! Also, has anyone dealt with the situation where you have overnight guests (family/friends) staying in the rental space for free? I'm assuming those count as personal use days even though I'm not the one sleeping there?

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Quick tip - if the amount they're saying you owe is small (like under $100), sometimes it's just easier to pay it even if you think they're wrong. Fighting it might cost more in time and stress than it's worth. I got a similar notice for $73 last year because of a dividend payment I supposedly didn't report. Spent hours trying to find the documentation and eventually just paid it to make the whole thing go away.

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This is terrible advice! Never pay the IRS money you don't owe, no matter how small. It's the principle, plus it can trigger issues on future returns.

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I completely understand the anxiety you're feeling - getting that first IRS letter is nerve-wracking! But you're handling this the right way by seeking advice and not ignoring it. A CP2000 is actually one of the less scary IRS notices you can receive. It's an automated matching notice, not an audit. The IRS computer system flagged a discrepancy between what you reported and what third parties (employers, banks, investment companies) reported about your income. Here's what I'd recommend: 1. Read the notice completely and identify exactly what income they think you missed 2. Gather all your 2023 tax documents (W-2s, 1099s, etc.) and compare them to what's listed in the notice 3. If you find the missing income, you can either agree and pay, or if you believe you reported it correctly, provide documentation showing where it appears on your return Don't feel bad about doing your own taxes with TurboTax - millions of people do this successfully. These discrepancies happen even with professional preparers sometimes. The key is responding within 30 days with the right documentation. You've got this! Take it step by step and don't let the official language intimidate you.

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Just want to add that if your first abatement request is denied (which happens sometimes), don't give up! You can appeal the decision. When I got hit with a 5500EZ penalty, my first request was denied with a form letter. I called the IRS, got the name of a specific person to send my appeal to, and rewrote my letter with more specific details. The second time worked, and they removed the entire penalty. Just be persistent and keep good records of all your communications. And definitely use certified mail for everything you send them!

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This is good advice. I'm a benefits administrator and see 5500 penalties fairly often. One thing to note: the IRS has been more lenient with reasonable cause abatements since COVID because they recognize many filing difficulties were beyond taxpayers' control. A well-documented personal tragedy like a parent's death, combined with international mail issues, has a good chance of success.

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Diego Vargas

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I'm sorry for your loss, Lucas. Losing a parent is incredibly difficult, and it's completely understandable that handling paperwork wasn't your priority during that time. Based on what you've described, you have a strong case for penalty abatement. The death of a close family member is one of the most well-recognized reasonable cause exceptions the IRS accepts. I'd recommend structuring your letter chronologically: explain that your father passed away in June, that you received the Form 5500EZ in late July while dealing with grief and estate matters, and that you mailed it from Canada where international postal delays are common. Keep the tone professional but don't hesitate to briefly explain how your father's passing affected your ability to handle financial matters promptly. The IRS agents reviewing these cases are human too, and they understand that major life events can disrupt normal routines. Since this was your first time filing Form 5500EZ and you have a clean compliance history, make sure to emphasize that in your letter as well. The combination of reasonable cause (family death) plus your good standing should work in your favor. Send everything certified mail with return receipt requested, and keep copies of everything. Good luck with your request!

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