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Quick question for anyone who's gone through an Offer In Compromise - what happens to tax liens during this process? I have similar issues to OP and the IRS put a lien on my house last year. Would starting the OIC process affect that at all?
Tax liens generally remain in place during the OIC process. When you submit your offer, the IRS typically suspends collection activities but doesn't remove existing liens until the offer is accepted and you've fulfilled the terms of the agreement.
Thanks for clarifying. That makes sense - they wouldn't want to remove their security while the negotiation is still happening. Guess I'll have to live with the lien a bit longer!
If you're considering an Offer In Compromise, you should also look into currently not collectible status as a temporary measure. If your financial situation shows you can't pay your living expenses AND make tax payments, the IRS might put your account in CNC status. Collection activities stop, though interest and penalties continue to accrue. This could buy you time to improve your financial situation or prepare a stronger OIC application. The IRS periodically reviews CNC accounts (usually every 1-2 years) to see if your situation has improved.
I hadn't even heard about the currently not collectible option. That might be a good temporary solution while I get everything in order for an OIC. Is the application process similar? Do you use the same financial forms?
Yes, the application process uses similar financial disclosure forms - primarily Form 433-A or 433-F for individuals. You'll need to provide comprehensive financial information showing your income, expenses, assets, and liabilities to demonstrate that paying would create a financial hardship. The standard is generally that paying your tax debt would prevent you from meeting basic living expenses. It's less complicated than an OIC application since you're not proposing a settlement amount, just requesting temporary relief from collection.
Just to add another perspective - I'm a corporate accountant (not giving tax advice) and see this confusion all the time with employees. Stock compensation generally has two tax events: 1. When you RECEIVE the shares - taxed as ordinary income 2. When you SELL the shares - taxed as capital gains on any appreciation Your employer should have included the fair market value of the stock when granted on your W-2 and withheld taxes accordingly. The 1099-B is often wrong because brokerages don't know what's been reported on your W-2, so they put $0 as the cost basis. You need to adjust this manually.
What about if the stock value dropped between when I received it and when I sold it? Can I claim a loss in that case? My employer gave us stock at $75/share but by the time I sold it had dropped to $58.
Yes, if the stock value dropped between when you received it and when you sold it, you can absolutely claim a capital loss. In your example, if your stock was valued at $75 per share when granted (and that amount was included in your W-2 income), but you sold at $58 per share, you would have a capital loss of $17 per share. This loss can be used to offset capital gains from other investments, and if your total capital losses exceed your gains, you can deduct up to $3,000 of the excess loss against your ordinary income. Any remaining loss can be carried forward to future tax years.
Has anyone actually found where in TurboTax to adjust the cost basis? I'm having the same issue but can't find where to change it from $0 to what was reported on my W2.
In TurboTax, when you enter your 1099-B information, there should be a screen that says something like "Review your 1099-B entries" after you input the initial information. On that screen, you can select the specific stock transaction and click "Edit" or "Update." There should be a field labeled "Cost basis" where you can manually enter the correct amount instead of using what's on the form.
One thing nobody's mentioned yet - if your employer offers a Flexible Spending Account (FSA) for healthcare, you can use that to pay for therapy with pre-tax dollars, which is even better than taking the deduction in many cases. My therapist doesn't take insurance either but gives me a superbill that I submit to my FSA for reimbursement. The advantage is you don't have to worry about the 7.5% AGI threshold with an FSA. The downside is the use-it-or-lose-it aspect and the lower contribution limits compared to itemizing deductions.
Does the FSA administrator ever question therapy expenses or ask for details beyond the superbill? I'm private about my mental health treatment.
In my experience, the FSA administrator has never questioned my therapy expenses or asked for additional details. The superbill usually just lists the service code and amount without any specific details about what was discussed in therapy. It typically shows something generic like "psychotherapy services" or a CPT code. FSA administrators are also bound by privacy rules, so they can't share information about your specific medical treatments with your employer. I've been submitting therapy expenses to my FSA for three years now without any privacy concerns.
Has anyone successfully deducted online therapy costs? I've been using BetterHelp for my trauma therapy and wondering if the same rules apply since they send digital receipts.
Just a heads up - I work in the high-ticket sales industry too and saw a company get absolutely hammered for this exact issue last year. The IRS determined ALL their 1099 sales reps were actually employees and hit them with back taxes, penalties, and interest going back 3 years. The company tried to claim the reps had "independence" but the IRS didn't buy it because they: 1) Had to attend mandatory meetings 2) Were required to use company scripts 3) Had to work specific hours 4) Used company CRM and tools 5) Were subject to performance reviews Sound familiar? Several reps got significant tax refunds since they'd been paying the full self-employment tax when they should've only been paying the employee portion. The company ultimately had to lay off about 30% of staff to cover the penalties.
Do you know if the reps had to pay back any of the business deductions they'd claimed? I've been deducting home office, internet, phone, etc., as a 1099 and I'm worried if I get reclassified I'll owe a ton for those past deductions.
From what I understand, the reps didn't have to pay back deductions they had legitimately claimed while operating under the 1099 status. The IRS generally doesn't penalize workers in these situations since you were filing based on the classification given to you by the company. However, going forward after reclassification, they could no longer claim those business deductions as W-2 employees. That's definitely something to consider in your calculations - while you save on the employer portion of FICA taxes as a W-2, you lose those valuable business deductions. In some cases, especially if you have significant legitimate business expenses, remaining a 1099 might actually be more financially beneficial despite the higher self-employment tax.
Has anyone successfully negotiated higher pay when transitioning from 1099 to W-2? I'm making about $17k/month as a 1099 sales rep, and I've calculated that I'd need at least a 9% raise to break even after losing my business deductions if I become a W-2 employee.
Yes! I managed to negotiate a 12% increase in my commission rate when my company reclassified me from 1099 to W-2 last year. The key was coming prepared with exact numbers showing: 1) The taxes they'd now be paying (7.65% of your income) 2) The benefits costs they'd incur 3) The exact business deductions I'd be losing 4) Market rates for W-2 sales reps with my performance level I presented it as a business case rather than a demand. They actually appreciated the transparency and realized keeping top performers was worth the adjustment.
That's really helpful, thanks for the specific percentage figure and the breakdown of what to include in the negotiation. I'll definitely put together that kind of detailed analysis before approaching them. I'm curious though - did your overall take-home pay end up being higher, lower, or about the same after the transition? And did you notice any benefits to being W-2 beyond just the tax situation?
Malik Thompson
Don't forget to check if your school sent you a Form 1098-T, which shows how much you paid in qualified tuition and related expenses. You'll need this form when claiming the LLC. Sometimes schools mess up and don't include all eligible expenses on the form, so compare it against your actual receipts and payment history! If your MAGI is under $80k (single) or $160k (married filing jointly), you'll get the full credit amount based on your expenses. Once you hit those thresholds, the credit starts to phase out.
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Isabella Ferreira
ā¢Is the 1098-T required to claim the credit? My school is weird and doesn't always send them on time.
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Malik Thompson
ā¢While the 1098-T is helpful documentation, it's not technically required to claim the Lifetime Learning Credit. If you don't receive one or it's incorrect, you can still claim the credit using your own records of qualified education expenses. Keep documentation like receipts, cancelled checks, credit card statements, and any official statements from your educational institution showing you paid qualified expenses. The burden is on you to prove eligibility if audited, so good record-keeping is important even without the 1098-T.
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CosmicVoyager
Has anyone tried claiming both American Opportunity Credit AND Lifetime Learning Credit in the same year? I have expenses for two different students (me and my wife).
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Ravi Kapoor
ā¢You can definitely claim both credits in the same tax year, but not for the same student. If you and your wife are both in school, you could potentially claim AOC for one person and LLC for the other, depending on eligibility. That's a great way to maximize education tax benefits on one return!
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