


Ask the community...
I got behind on taxes for about 4 years while dealing with severe depression. What really helped me was contacting the Taxpayer Advocate Service - it's a free, independent organization within the IRS that helps people resolve tax problems. They assigned me an advocate who helped me through the whole process. For the ADHD aspect, bring documentation from your doctor when you speak with tax professionals. While there's no specific program for neurodivergent folks, medical issues (including mental health) can sometimes qualify for penalty abatement under "reasonable cause" if you can show it directly impacted your ability to comply with tax obligations.
I've never heard of the Taxpayer Advocate Service. Do they help with complicated situations involving multiple years and different income sources? Also, do they help negotiate payment plans or is that a separate process?
Yes, they absolutely help with complicated multi-year situations - that's actually their specialty. My case involved W2 income, freelance work, and some investment income across several years. They're particularly helpful when your case has special circumstances or when you've tried to resolve issues through normal IRS channels without success. The advocate can help with the entire process including setting up payment plans and exploring options like Offers in Compromise if you can't pay the full amount. They'll look at your financial situation holistically and recommend the best approach. They can even request holds on collection activities while you're working with them. To contact them, call 1-877-777-4778 or find your local office on the IRS website.
One thing nobody's mentioned is that you might actually be owed refunds for some of those years! I was in a similar boat (5 years unfiled) and when I finally did my taxes, I discovered I was due refunds for 2 of those years because of over-withholding from my W2 job. The catch is you only have 3 years to claim refunds, so some might be gone forever, but it's worth checking. Also look into IRS Free File if your income is under $73,000 - you can file current and some prior year returns for free with guided software.
This is a really good point. My brother thought he'd owe thousands, but ended up getting about $1,500 back because his W2 withholding more than covered what he owed from his side gig. Don't assume you'll owe until you run the numbers!
22 One thing nobody's mentioning - consider running at least quarterly payroll instead of just one annual payroll at year-end. The IRS sometimes looks skeptically at S corps that only run payroll once a year since it doesn't resemble a typical employer-employee relationship. My accountant advised me to run quarterly to look more legitimate.
14 Is that really necessary? I've been doing one annual payroll for my single-member S corp for 3 years with no issues. Seems like extra work and payroll fees for no reason.
22 While not technically required, it can definitely help establish the legitimacy of your employment relationship with the S corp. The IRS often raises eyebrows at once-a-year payments because regular employees typically don't get paid just once annually. Multiple payroll runs throughout the year can strengthen your position that you're treating the employment relationship properly. Plus, it helps with cash flow planning and can make your estimated tax payments more manageable rather than dealing with one large tax hit. My accountant specifically mentioned this was one of the factors that can help avoid unwanted IRS attention.
4 Has anyone run into issues with state payroll taxes and reporting deadlines being different from federal? I made this mistake last year and ended up with penalties because my state required payroll tax deposits more frequently than I realized.
The W4 changed dramatically in 2020, and the IRS has been tweaking withholding tables ever since. Your daughter probably filled out the old version years ago, and the employer has just been using that information. The new W4 doesn't use allowances anymore. I'd suggest she fill out a new W4 and on line 4(c) add additional withholding. For her income level, if she wants a small refund instead of owing, adding about $25 per paycheck in additional withholding should cover it if she gets paid biweekly.
How do you calculate the right amount for line 4(c)? Is there a formula or something? Also, is there any risk to withholding too much?
A quick way to estimate is to take the amount she owed this year ($320) and divide by the number of paychecks she receives annually. If she's paid biweekly, that's 26 paychecks, so about $12.50 per check. I suggested $25 to give a buffer for a small refund rather than owing. There's no real risk to withholding too much except that you're giving the government an interest-free loan of your money until you file your taxes and get a refund. Some people actually prefer larger refunds as a form of forced savings, even though financially it's not optimal.
Did her job change at all? Sometimes they classify workers differently from year to year which affects withholding. My daughter had this happen when she went from being classified as a regular employee one year to some kind of "seasonal employee" the next, even though she worked year-round.
For your tutoring situation, make sure you also track your mileage if you drove to tutoring sessions! I tutor for three different companies and track everything in a simple spreadsheet - date, student, amount paid, and miles driven. The standard mileage deduction is pretty generous (62.5 cents per mile for 2022) and can really add up even if you're not driving far. Just tracking my 5-mile drives to the library twice a week saved me almost $200 in taxes last year.
Oh that's super helpful - I didn't even think about mileage! I was taking the campus shuttle to most sessions but sometimes I did drive to off-campus locations. Do you need any special documentation for mileage or just a log?
A simple log is enough! Just note the date, starting location, ending location, purpose of trip (tutoring), and miles driven. I keep mine in a notes app on my phone so I can update it right after each session. You don't need anything fancy - just enough detail that you could explain it if questioned. Only track the miles specifically for tutoring though, not your regular commute to campus or personal trips.
Don't forget that as an independent contractor, you'll also need to pay self-employment tax (15.3%) on your tutoring income if you made more than $400, even though you won't get a 1099! I made this mistake my first year tutoring and got hit with an unexpected tax bill.
Yep, that self-employment tax is brutal! But remember you can deduct half of it on your 1040, which helps a little bit. Schedule SE calculates this automatically.
Manny Lark
Another option that nobody has mentioned yet is that your dad could become a co-investor in the property instead of making it a loan. That way, there's no gift tax concern at all because he's not giving you anything - he's investing alongside you. You'd need to work out the ownership percentages and profit-sharing arrangement, but it could be cleaner from a tax perspective. When you do your cash-out refi, you could either buy out his share or both remain as owners.
0 coins
Payton Black
ā¢That's an interesting approach I hadn't thought about. How would we structure the ownership in that case? Would we need to form an LLC or something similar to make it official?
0 coins
Manny Lark
ā¢You don't necessarily need an LLC, though many investors do use them for liability protection. You could simply have both names on the deed with specified ownership percentages (like 50/50 or whatever split makes sense based on your contributions). The simplest approach would be to use what's called "tenants in common" ownership, which allows for different ownership percentages and doesn't have right of survivorship (meaning if something happens to one owner, their share goes to their heirs, not the other owner). When you're ready to buy him out after the refi, you'd execute a deed transferring his ownership percentage to you, which is a fairly straightforward process.
0 coins
Rita Jacobs
This might be a dumb question, but why not just have your dad give you half now ($67.5k) and your spouse the other half ($67.5k)? The annual gift exclusion is $18k per person to each recipient, so your dad could give $18k to you and $18k to your spouse without filing anything ($36k total), and then file a gift tax return for the rest, which doesn't mean he'll pay tax, just that it counts against his lifetime exemption (which is over $12 million).
0 coins
Khalid Howes
ā¢That's not entirely accurate. While the annual gift exclusion is $18,000 per person, your solution still requires filing a gift tax return (Form 709) for the amounts over $18,000 to each person. The dad would need to report $49,500 to each person as taxable gifts ($67,500 - $18,000 = $49,500). While you're right that this likely won't result in actual gift tax being paid due to the lifetime exemption, it's still additional paperwork and reduces the lifetime exemption amount. The loan approach with proper documentation is cleaner if they truly intend to pay the money back.
0 coins