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Just a heads up for everyone amending 2020 returns - make sure you're using the CORRECT forms. The IRS changed some of the business expense categories on Schedule C for that year. I messed up my first attempt because I used a current year Schedule C as my reference instead of the 2020 version. Also, if your amendment results in a refund, be prepared to wait a WHILE. My amended return took about 16 weeks to process last year. The IRS says to expect 16 weeks but it can take even longer.
Do you remember what specifically changed on Schedule C? I'm working on mine now and want to make sure I get it right.
The main differences weren't dramatic, but there were some COVID-related options that existed only for 2020 returns. For example, there were special provisions for the Employee Retention Credit and paid sick/family leave credits that appeared on that year's forms. The core expense categories stayed the same (advertising, car expenses, insurance, etc.), but some of the instructions and limitations were different due to pandemic relief provisions. Your best bet is to download the actual 2020 Schedule C form and instructions directly from the IRS website rather than using any current year references. That way you'll be working with the exact form as it existed then.
You might want to calculate if this is worth your time first. While you can definitely still amend a 2020 return, remember that you'll need to: 1) Recalculate your entire return with the new expenses 2) File Form 1040-X plus a new Schedule C 3) Include any supporting documentation 4) Wait potentially months for processing For $7,800 in business expenses, assuming you're in the 22% tax bracket plus self-employment tax, you might get back approximately $2,500. Only you can decide if that's worth the effort!
One thing nobody's mentioned yet - if you file separately and want to take deductions like student loan interest, tuition and fees, or education credits, there are special rules. If you're married filing separately, you CANNOT claim the student loan interest deduction at all. And for some education credits, filing separately might make you ineligible too. Run the numbers both ways before deciding. In my experience, filing jointly almost always wins from a pure tax perspective. The financial aid question is separate and depends on your specific aid package.
This is super helpful! I had no idea about those limitations on education credits when filing separately. I think we'll definitely need to calculate it both ways. Do you know if standard free tax sites can show both scenarios accurately or do we need to use something more specialized?
Most of the free tax sites can show you both scenarios, but you might need to create two separate tax returns (just don't file both!). Start one return as married filing jointly, note the refund/amount owed, then start a new return as married filing separately and compare. The standard sites aren't great at explaining the financial aid implications though. For that, you might want to talk to your wife's school financial aid office directly. They can often run projections showing how different income levels would affect her specific aid package. Some schools even have financial counselors who specialize in these situations.
I'm still confused about FAFSA. I thought they changed the rules recently? Something about using different years for the income verification?
Yes, FAFSA made significant changes recently! Starting with the 2024-2025 FAFSA, they're using what's called the Student Aid Index (SAI) instead of the Expected Family Contribution (EFC). There are also changes to whose income is considered in the formula.
One thing nobody's mentioned yet - check if you're still within the timeframe for a "corrective distribution" for your 2022 overcontribution. If you took the distribution before your filing deadline (including extensions) for 2022, you can avoid the 6% excise tax completely, even if Vanguard coded it incorrectly on the 1099-R. For the earnings portion, you generally need to include those as income in the year you made the contribution (2022), not when you took the distribution (2023). If your 1099-R doesn't separately show the earnings, you might need to contact Vanguard to get that breakdown. The most critical form here is Form 5329 where you'll need to show you corrected the excess contribution. Even with an incorrect distribution code, you can still properly document this with an attached statement explaining the situation.
Thanks for this info! I did take the distribution in February 2023, which was before my filing deadline for 2022 taxes. But I'm confused about reporting the earnings - my 1099R doesn't break out what portion was earnings vs. principal. Does this mean I need to amend my 2022 return now to report those earnings? Or can I handle everything on my 2023 return?
Since you took the distribution before your 2022 filing deadline, you should definitely avoid the 6% excise tax, which is good news. For the earnings portion, yes, technically those earnings should be reported on your 2022 tax return, which would mean filing an amendment if you've already filed for 2022. You'll need to contact Vanguard to get the breakdown of principal vs. earnings from that distribution. Ask specifically for the "net income attributable" or NIA related to the excess contribution amount. This might not be reflected correctly on your 1099-R if the distribution wasn't properly coded.
Heads up - I went through this exact same mess with Fidelity last year. Make sure you also check if you qualify for the "self-certification" procedure under Revenue Procedure 2021-30. If your correction doesn't fully meet all the technical requirements for a proper return of excess contribution, you might still qualify for relief under this procedure. It essentially lets you "self-certify" that you intended to follow the rules for proper correction even if there were some procedural errors along the way. You'll need to file a specific statement with your return, but it could help avoid penalties even if Vanguard didn't process everything perfectly.
Does anyone know if the court ruling affects the penalties for non-compliance? I heard the penalties were supposed to be pretty severe - like $500/day and potential criminal charges for willful violations. If the courts eventually uphold the CTA, could they still enforce penalties for the time period when we thought we didn't have to file?
As I understand it, if the injunction is eventually overturned and the BOI requirements are upheld, FinCEN would likely establish new compliance deadlines rather than trying to enforce the original ones retroactively. It would be pretty unreasonable to penalize businesses for non-compliance during a period when a court order explicitly stated they didn't have to comply. The penalties are indeed significant - civil penalties of $500 per day for violations, plus potential criminal penalties including imprisonment for willful violations. But these would only apply to violations of whatever new deadlines might be established if the CTA is ultimately upheld.
That makes sense, thanks for the clarification! I was worried we might get caught in some kind of legal trap if we don't file now but then the requirements come back later. I'll just keep our information ready but hold off on filing until there's more clarity.
My accountant told me to just go ahead and file the BOI reports anyway despite the injunction, saying "better safe than sorry." Does that make any sense to anyone? FinCEN is still accepting filings through their website, but I'm not sure if there's any benefit to filing when it's not currently required.
I think your accountant is being overly cautious. While FinCEN's system remains operational and you technically *can* still file, there's no legal requirement to do so while the injunction is in effect. There's no penalty for not filing right now. Unless you have some very specific business reason for wanting your beneficial ownership information on file with the government during this period of uncertainty, I'd recommend waiting to see how the legal situation resolves. Just keep your information organized so you're ready if/when the requirement comes back.
Romeo Quest
To get back to the original question about the Cohan rule - I'm a bookkeeper and see clients try to abuse this all the time. They'll come in with almost no records and expect to claim thousands in deductions "because of the Cohan rule." The reality is much different. In practice, the IRS is very strict about applying this rule, especially for theft losses. They typically expect: 1. A timely filed police report 2. Insurance claim documentation 3. Original purchase documentation or other proof of value 4. Evidence that you've exhausted recovery options Even with all that, they often allow only a percentage of the claimed amount when the Cohan rule is involved. And they're much more likely to scrutinize these claims during an audit. The bottom line: Can you "get away" with claiming fake theft losses? Maybe in the short term, but it's fraud, and if you're audited, you'll face serious consequences including penalties, interest, and potential criminal charges for tax evasion.
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Val Rossi
ā¢So what if you genuinely had something stolen but have very little documentation? Like I had some camera equipment stolen from my car last year (did file a police report) but don't have receipts for everything. Can I still claim anything?
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Romeo Quest
ā¢Yes, you can still claim something with limited documentation. Having the police report is already a good start. For the value, gather whatever evidence you can - credit card statements from when you purchased the items, photos of the equipment, insurance documentation, even screenshots of similar items with comparable age/condition showing current market value. The Cohan rule might help you establish the value based on your partial records, but you'll need to show you're making a good faith, reasonable estimate. Document your estimation method carefully. For example, "Camera body purchased approximately June 2023 for $X according to credit card statement, lens valued at $Y based on current market price of similar used equipment minus 30% for age/condition." The more detail and supporting evidence you provide, the stronger your position will be if questioned.
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Eve Freeman
Small business owner here. I've been through two IRS audits in my 15 years of running my company. Here's my experience with the Cohan rule: The rule CAN be helpful when you have some documentation but not complete records. During my first audit, I had incomplete mileage logs but could prove my business travel through appointment calendars, receipts from destinations, etc. The auditor allowed a reasonable percentage of my claimed mileage using the Cohan principle. BUT - and this is a huge but - they will give you ZERO leeway on completely undocumented claims or things that seem fabricated. My second audit involved a contractor who gave me fake documentation for some work, and even though I genuinely paid for services, the IRS disallowed the entire deduction because they determined the documentation was not credible. Claiming fake theft losses would fall under fraud, not the Cohan rule. The rule helps honest taxpayers with imperfect records, not dishonest ones trying to create deductions.
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Clarissa Flair
ā¢Thanks for sharing your real experience. What would you recommend for someone who's terrible at keeping receipts? I'm always losing them and I'm worried about an audit someday.
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