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One thing nobody has mentioned yet - if you made any payments toward that 2010 tax debt AFTER your bankruptcy, that could have reset the statute of limitations clock completely. I learned this the hard way with a 2008 tax debt that I thought was long gone, but one $50 payment I made in 2016 restarted the whole 10-year period. Also, if the IRS filed a Notice of Federal Tax Lien before your bankruptcy, that lien might still be attached to any property you owned before the bankruptcy, even if the debt itself can't be collected anymore. Worth checking your county records to see if there's an old lien that needs to be addressed.
I don't think I made any payments after the bankruptcy, but now I'm paranoid. Would partial payments reset the clock or only full payments? And how would I check for liens? Just call the county recorder's office?
Any payment, even a small partial payment, can reset the collection statute. It's one of the ways people accidentally revive old tax debts. The IRS sometimes even sends out collection notices on expired debts hoping you'll make a payment without realizing it restarts the clock. For liens, yes, you can check with your county recorder's office or clerk's office. Most counties now have online systems where you can search for liens by name. If you find a lien and your debt is truly beyond the collection statute, you can request a "lien withdrawal" from the IRS using Form 12277. Just be careful about contacting them if you're not 100% sure the debt is uncollectible.
Don't forget about refund offsets! Even if they can't actively collect anymore, the IRS can still take any tax refunds you might be owed and apply them to old debts. This happens automatically through their system and isn't considered active collection, so it can happen even after the statute expires in some cases. I'd recommend adjusting your withholding so you don't have refunds coming if you're concerned about this. Better to owe a small amount each year (but pay it on time!) than to have refunds intercepted.
Is this really true? I thought once the statute of limitations was up, they couldn't touch your money at all - including refunds. Can someone confirm if refund offset is really not subject to the 10-year rule?
You're partially right - I should have been more clear. For most federal tax debts, the refund offset ability does end when the collection statute expires. However, there are exceptions for things like child support, student loans, state tax debts, and a few other categories that can continue to offset refunds. Also, if the IRS has already applied your refund to an old tax debt before the statute expires, they don't have to give it back even if the debt becomes uncollectible later. Always best to check your tax transcripts for the specific collection statute expiration date (CSED) for each tax year you owe.
Your cousin should also look into whether he qualifies for IRS Form 911 (Taxpayer Advocate Service) help. If he can demonstrate that the payment requirements are causing significant financial hardship (like inability to pay for necessities), the Taxpayer Advocate can sometimes intervene. They're an independent organization within the IRS designed to help taxpayers resolve issues.
I had no idea this existed! How does my cousin apply for this Form 911 help? Does he need to provide specific documentation about his financial situation?
He'll need to fill out Form 911 (Request for Taxpayer Advocate Service Assistance) which asks for details about the hardship. He should be very specific about exactly how the tax situation is causing financial hardship - like documentation showing he can't pay rent, utilities, or medical expenses because of the tax payments. Supporting documentation is super important - recent bank statements, bills, income proof, anything showing the gap between income and necessary expenses. The more concrete evidence of hardship, the better his chances. He can submit the form online, by mail, or fax. Sometimes it's actually faster to reach out to his local Taxpayer Advocate office directly by phone - the form includes contact info for local offices.
One thing nobody mentioned - since he was a 1099 contractor, he might have missed a bunch of legitimate business deductions that could lower his original tax bill before even looking at payment plans or settlements. Common missed deductions for contractors include: - Home office (if he works from home) - Business mileage - Phone/internet (business portion) - Health insurance premiums - Retirement contributions - Business equipment
One thing nobody has mentioned yet - have you considered submitting an Offer in Compromise instead of an installment agreement? If your brother truly can't afford the monthly payment they're asking for, an OIC might let him settle the debt for less than the full amount. The IRS has a pre-qualifier tool on their website that can help determine if this might be an option: https://irs.treasury.gov/oic_pre_qualifier/
I hadn't thought about that option. Is the OIC process more complicated than setting up an installment agreement? And do they accept a lot of these offers or is it really difficult to qualify?
An OIC is definitely more complex than a standard installment agreement. You'll need to complete Form 656 and Form 433-A (OIC) with much more detailed financial information. The process typically takes 6-12 months for a decision. As for acceptance rates, they've improved in recent years. The IRS accepts about 40-45% of OICs submitted these days, which is much better than the historical 10-15% acceptance rate from years ago. The key is being realistic about what you offer - they use a formula based on assets, income, and expenses to determine the minimum they'll accept.
Your brother might qualify for Currently Not Collectible (CNC) status if he truly can't afford the payment they're requesting. With CNC, the IRS temporarily stops collection activities because they recognize that paying would create a financial hardship. The debt doesn't go away, and interest/penalties still accrue, but it gives breathing room until his financial situation improves.
This is good advice. I was placed in CNC status for 2 years when I had a medical issue that wiped out my savings. The IRS reviewed my case after about 24 months and by then I was able to set up a reasonable installment plan. Without that breathing room I would have been completely underwater.
Just to add some clarification since i worked as a tax preparer during COVID: The Form 8915 series was specifically for retirement distributions: - Form 8915-E: For coronavirus-related distributions in 2020 - Form 8915-F: For qualified disaster distributions in later years The CARES Act allowed people affected by COVID to: 1. Withdraw up to $100,000 from retirement accounts without the 10% early withdrawal penalty 2. Spread the income (and tax) over 3 years 3. Repay the distributions within 3 years if they wanted This is completely separate from stimulus checks (Economic Impact Payments) which were handled through Recovery Rebate Credits on your regular 1040.
Was there a deadline to file the 8915-E form? My brother took money from his 401k during COVID but I don't think he ever filed that form. Is he in trouble with the IRS now?
Yes, there was a deadline for taking the qualified distributions - December 30, 2020. The distributions had to be reported on Form 8915-E which would have been filed with the 2020 tax return (or potentially spread over returns for 2020, 2021, and 2022 if he chose to spread the income). If he took a distribution but didn't file Form 8915-E, he may have paid the 10% early withdrawal penalty unnecessarily. He could potentially file an amended return for 2020 to claim the special treatment if he qualified. The IRS generally allows amendments within 3 years of the original filing date, so he might still have time depending on when he filed his 2020 return.
Does anyone know if TurboTax automatically creates Form 8915 if you answer "yes" to those questions? I'm wondering if I might have filed one without realizing it.
StarStrider
Another thing to consider is your long-term financial goals. If you're planning to claim education tax credits like the Lifetime Learning Credit or the American Opportunity Credit, make sure the capital loss deduction doesn't interfere with those. Sometimes lowering your AGI too much can affect your eligibility for certain credits.
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Andre Rousseau
ā¢That's really helpful advice! We do claim education credits each year. Would taking the capital loss deduction potentially mess with those benefits? What should I watch out for?
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StarStrider
ā¢Generally, lowering your AGI with capital losses is actually beneficial for most education credits since many have income phaseout limits. The American Opportunity Credit starts phasing out at $80,000 for single filers and $160,000 for joint filers, while the Lifetime Learning Credit begins phasing out at $80,000 for single and $160,000 for joint filers. Capital losses that reduce your AGI could potentially help you stay under these thresholds if you're close to them. However, if your income is already low, you should ensure you have enough tax liability for non-refundable credits to be applied against. The AOTC is partially refundable, but the LLC is not refundable at all.
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Dylan Campbell
Just be careful with the timing... if you sell in December 2024, remember you'll need to realize any offsetting gains also in 2024. If you wait until January to sell, the loss will count for your 2025 taxes instead. This bit me last year when I sold some losers in December thinking I was being smart but then realized gains in January, so I couldn't offset them!
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Sofia Torres
ā¢Question - does it matter which lots you sell if you bought the same stock multiple times? Do you have to sell everything or can you pick which purchases to sell?
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