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Facing major IRS tax debt from a business put in my name - am I in serious financial trouble?

I'm trying to figure out if I'm in really deep financial trouble here. Back in 2012, my mom's husband asked if he could put his business under my name because he was facing bankruptcy, and his brother (who previously had the business) was taking money from it to gamble. Being young and wanting to help family, I agreed. I was told he would handle all taxes and paperwork. I worked at the business from 2012-2016, getting paid about $650 weekly in cash. All business documents were under my name - bank accounts, merchant accounts, business license, everything. When I left in 2016, he transferred the business back to his name. I moved away, got married, and filed joint taxes with my spouse. We were supposed to get a refund but instead got a letter saying our return was applied to my balance. When I called the IRS, I discovered I had a balance of $128,000! Apparently, he had been hiding cash income, and the IRS audited the business. They sent letters to an old address I wasn't at anymore. The audit was for tax year 2013, adding $105,000 to my tax bill for that year alone. Fast forward to today - my balance with the IRS is now $192,000. I'm on a payment plan of $3,800 monthly. I have a tax attorney firm helping me, but their solution is just the payment plan for the next 5 years. My spouse makes more than I do and has saved for a 20% down payment on a house. I'm terrified the IRS will come after that money or any house we might buy. What's my legal recourse here? Can I report this guy for fraud? Can I collect from his current business? What are my options?

While everyone's giving advice about dealing with the IRS, don't forget the criminal aspect here. What your mom's husband did is textbook fraud. Document EVERYTHING from those years: 1. Any emails/texts asking you to put the business in your name 2. Proof of your $500/week payments showing you weren't the true owner taking profits 3. Any documents he had you sign without proper explanation 4. Bank statements showing who actually controlled the business accounts Take all of this to the district attorney in the county where the business operated. This is criminal fraud, and they might be interested in pursuing charges especially if there's a paper trail. Also - and this is important - protect your credit immediately. File disputes with all three credit bureaus explaining the situation. Get identity theft protection. A tax lien can destroy your ability to get housing, transportation, or employment for years.

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Zara Perez

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Would the district attorney even care about something like this? Seems like they're busy with violent crimes and would see this as a civil matter between family members.

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DAs absolutely pursue financial crimes, especially when there's clear documentation of fraud. While violent crimes get more media attention, financial crime units exist specifically for cases like this. The key is having documentation showing intent to defraud. Many DAs have special white-collar crime divisions, and tax fraud cases that are already documented by the IRS are actually easier for them to prosecute. The fact that you've already been assessed by the IRS means half the investigative work is done.

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Something nobody has mentioned yet - your mom's husband might have committed identity theft in addition to tax fraud. Contact the Taxpayer Advocate Service (TAS) at 1-877-777-4778. They're an independent organization within the IRS that helps taxpayers resolve problems. Tell them you believe you're a victim of identity theft related to tax fraud. This might qualify you for relief under several IRS programs. The fact that he put a business in your name without your informed consent (you didn't understand the tax implications) is a form of identity theft in many jurisdictions. And despite what others have said about your wife's assets, look into "innocent spouse relief" IMMEDIATELY. If properly filed and approved, this can protect your spouse from liability for these taxes. Don't wait on this - timing matters for these filings.

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Ryan Young

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Thanks for mentioning the Taxpayer Advocate Service. I've heard of them but didn't think of contacting them. Would they be able to help even though I did technically agree to have the business in my name? I just didn't understand what I was agreeing to regarding the tax implications. As for innocent spouse relief, we got married after the tax years in question, but I'm worried about our current joint assets. Will look into this immediately.

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Just a tip from personal experience - even if you don't have to amend 2022, you might want to consider it if you had any amount of foreign tax paid that year. I was in a similar situation and found out I could have gotten a refund by filing Form 1116 for the foreign taxes I paid, even though I didn't need Form 2555 that year. Also, for 2023, definitely look at whether the Foreign Tax Credit (Form 1116) might be better than the Foreign Earned Income Exclusion (Form 2555) for your situation. With lower earned income but higher investment income with foreign taxes paid, Form 1116 might give you more benefit.

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Jay Lincoln

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What's the time limit for amending previous returns to claim those foreign tax credits? I haven't been claiming mine for years but pay a lot of tax in my country of residence.

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You generally have 3 years from the original filing deadline to amend a return and claim a refund. So for 2022 taxes (which were due April 2023), you have until April 2026 to amend and claim those foreign tax credits. If you've been missing out on foreign tax credits for multiple years, you could potentially amend returns going back three years. This can be especially valuable if you're paying higher tax rates in your country of residence than you would in the US. Many expats don't realize they're leaving money on the table by not claiming these credits!

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Does anyone know if using the standard deduction affects any of this? Last year I took the standard deduction because my income was so low ($9,800) and didn't bother with Form 2555. Now for 2023 my income is higher but I'm not sure if I've messed things up for using Form 2555 this year.

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You're totally fine! Using the standard deduction has no impact on your ability to use Form 2555 in future years. They're completely separate parts of your tax return. I've switched back and forth between years with and without Form 2555 while taking the standard deduction each time.

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This might be a stupid question, but what exactly is the Recovery Rebate Credit? Is it the same as those stimulus checks from during COVID? I think I got some money back then but I have no idea if I got all the payments I was supposed to.

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Ethan Davis

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The Recovery Rebate Credit refers specifically to the stimulus payments authorized by Congress during the COVID-19 pandemic. There were three main payments: $1,200 (April 2020), $600 (December 2020), and $1,400 (March 2021). The $1,400 one is what the original poster is asking about. If you didn't receive one or more of these payments when they were initially distributed but were eligible, you could claim them as a "Recovery Rebate Credit" on your tax return for that year. The $1,400 payment would have been claimed on your 2021 tax return specifically.

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Thanks for explaining! I'm pretty sure I got all three payments back then, but now I'm wondering if I should double-check my 2021 return just to make sure. I remember getting direct deposits for stimulus money but can't remember the exact amounts or when they came in.

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Yuki Tanaka

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Just a heads up - there's a statute of limitations on amending returns for refunds. You generally have 3 years from the original due date of the return to file an amendment and claim additional refunds. For 2021 returns, the original due date was April 18, 2022, so you have until April 18, 2025 to file an amendment for that year. You're cutting it close so don't wait too long to check and file if needed! Once that deadline passes, you lose the ability to claim the credit permanently.

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Carmen Ortiz

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Does the 3-year clock start from when the return was due (April 15) or when you actually filed it? I filed my 2021 return late with an extension in October 2022.

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Yuki Tanaka

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The 3-year statute of limitations for claiming a refund generally starts from the original due date of the return (which was April 18, 2022 for 2021 returns) or the date you actually filed, whichever is later. Since you filed in October 2022 with an extension, your deadline would be October 2025 rather than April 2025. That said, it's always better to handle these things sooner rather than later, especially with something like the Recovery Rebate Credit where you might need to speak with the IRS to verify your eligibility.

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LunarLegend

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You might want to look into the "Hobby vs. Business" distinction. If you're regularly selling cards and making a profit, the IRS may view this as a business rather than a hobby. The difference matters because with a business: 1. You can deduct expenses (like platform fees or shipping) 2. You need to file Schedule C 3. You may be subject to self-employment tax If it's just a hobby, the rules are different. But either way, keeping the money on the platform doesn't change when the income is recognized.

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Is there a specific threshold for when card selling becomes a business vs hobby? Like a certain number of sales or dollar amount? I'm trying to figure out which category I fall into.

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LunarLegend

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There's no specific dollar threshold that automatically makes it a business versus a hobby. The IRS looks at several factors including whether you depend on the income, how much time you spend on it, if you maintain proper records, and if you operate in a businesslike manner. Generally, if you're consistently profitable for 3 out of 5 years and treat the activity seriously (keeping records, having a separate bank account, etc.), the IRS is more likely to consider it a business. If you're just occasionally selling cards from your personal collection without much organization, it's more likely to be a hobby.

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You guys are overcomplicating this. The platform spells it out clearly - they report $600+ in GROSS PAYOUTS. If you keep it as credit and never get paid out, technically there's no "payout" to report! I've been doing this with my vintage comic sales and haven't got a 1099 yet.

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I strongly advise against this interpretation. "Gross payouts" in the platform's language likely refers to the total value of your sales, not specifically withdrawals. Most platforms report the total sales value whether you withdraw or not. Even if you did find a platform that only reports when you withdraw, you're still legally obligated to report all income on your tax return. The 1099 is just an information form - not receiving one doesn't mean you don't owe tax on the income.

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StarSeeker

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Best tax advice: Max out your HSA if you have one. It's literally the only TRIPLE tax advantaged account. 1) Contributions are tax-deductible 2) Growth is tax-free 3) Withdrawals for medical expenses are tax-free. Plus once you're 65, you can withdraw for non-medical expenses and just pay normal income tax (like a traditional IRA). The real pro tip? Save your medical receipts but pay out of pocket now. Let that HSA money grow for decades, then reimburse yourself in retirement. There's no time limit on when you can reimburse yourself for qualified medical expenses. My dad saved $34,000 of medical receipts over 15 years, then reimbursed himself tax-free when he retired to fund a cross-country RV trip.

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Ava Martinez

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Can you do this if your employer contributes to your HSA? Mine puts in $1500/year but I've never added my own money. Also, do you need to keep the physical receipts or are digital copies ok?

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StarSeeker

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Yes, you can absolutely add your own contributions on top of what your employer provides! For 2025, the contribution limit is $4,150 for individuals and $8,300 for families (including employer contributions). So if your employer adds $1,500, you can still contribute up to $2,650 for individual coverage or $6,800 for family coverage. This is a great way to reduce your taxable income. Digital copies of receipts are perfectly fine as long as they clearly show the date, amount, service provider, and type of medical expense. I recommend keeping them in multiple places (cloud storage, external hard drive) since we're talking about potentially decades of storage. The IRS doesn't specify a format, but you need to be able to produce them if audited.

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Miguel Ortiz

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The best advice I ever got? Keep track of your tax BASIS in everything - especially investments. Basis is basically what you paid for something, but it gets adjusted for all kinds of things. Nobody thinks about this until they sell an investment and suddenly realize they have no idea how to calculate their gain/loss. This hit me hard when I inherited stocks from my grandpa and then sold them a few years later. Had NO CLUE what the basis was, ended up overpaying thousands in taxes before a good CPA friend pointed out I should have been using the stepped-up basis from when I inherited them, not what grandpa paid decades ago.

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Zainab Omar

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This is super important! I'd add that tracking basis for crypto is an absolute nightmare if you don't stay on top of it from the beginning. I learned this the hard way after trading different coins across multiple exchanges.

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