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Something similar happened to me in 2022. In my case, the IRS was counting EVERY transaction in my payment processor as income - including refunds I issued, transfers between accounts, and even money I was holding for my business partner. Call the Taxpayer Advocate Service at 877-777-4778. They're an independent organization within the IRS that can help with these kinds of issues. They assigned me a case advocate who sorted everything out within a month.
Thank you for this suggestion! I didn't even know the Taxpayer Advocate Service existed. Did you need to provide special documentation to them, or just explain your situation?
I had to provide pretty much everything - bank statements, my complete Venmo transaction history, my tax return, and the deficiency notice. The more documentation you have ready, the faster they can help. Make sure to explain that this is causing you significant financial hardship (which I'm guessing it is, given the amount). That helps them prioritize your case. They're understaffed but they really do try to help if they can see clear evidence that the IRS made a mistake.
Update us on what happens! I've been dealing with a similar issue for 8 months now and still haven't gotten it fully resolved. Make sure to keep detailed notes on every conversation, including the ID number of every IRS employee you talk to.
This 100%. Document EVERYTHING. I had to reference previous conversation IDs several times during my deficiency dispute. Also send everything via certified mail so they can't claim they never received your documentation.
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My sister went through almost the exact same situation with her adopted son. What worked for her was submitting Form 8862 (Information To Claim Certain Credits) along with a detailed letter explaining the circumstances and documentation from the adoption agency confirming the dates of placement and finalization. She also included affidavits from her social worker and pediatrician confirming they had been seeing the child since placement. The IRS eventually approved her claim after initial rejection. The key was persistence and overwhelming documentation from multiple sources.
That's really helpful info! Did she have to go through multiple appeals or did they accept everything after the first detailed submission with the Form 8862?
It took two submissions. The first one was rejected with a form letter, but she called (after struggling to get through) and spoke with an agent who advised her to resubmit with even more documentation and a more detailed timeline of the birth certificate delays. The second submission included everything from the first plus school enrollment records, health insurance coverage documentation, and a more detailed letter citing specific sections of the tax code related to qualifying children. That one was finally approved, though it took about 4 months to process.
Have you tried contacting your state's taxpayer advocate? They can sometimes help navigate these situations, especially when there are extenuating circumstances like yours. They might be able to help identify exactly what documentation the IRS needs to approve your claim. Also, just a personal experience - we had a somewhat similar situation with our kinship placement and eventually got our credits after appealing, but it took almost 8 months and multiple submissions. Don't give up!
I second this! The Taxpayer Advocate Service helped me resolve a much simpler issue when regular IRS channels were going nowhere. They're specifically designed to help with situations where the standard process isn't working due to special circumstances.
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As someone who's been audited for exactly this type of situation, let me offer some practical advice: 1) Business purpose is everything. If you buy a $130k luxury vehicle primarily for the deduction rather than because it genuinely serves a necessary business function, you're asking for trouble. 2) Keep meticulous records of every property you visit, meeting you take, and business mile you drive. I use an app that logs all my business trips automatically. 3) Consider a cost-benefit analysis. Even if you could get the deduction (doubtful given passive activity loss limits), is the administrative burden and audit risk worth the tax savings? 4) Talk to someone who specializes specifically in taxation for physicians with real estate investments. Generic CPAs often miss the nuances here. Just my two cents from someone who learned the hard way!
What happened with your audit? Did you end up having to pay back taxes plus penalties? I'm considering a similar strategy but worried about the consequences if it doesn't work out.
The audit was brutal. They disallowed about 70% of my claimed business expenses, including most of the vehicle depreciation, because my documentation wasn't sufficient to prove predominant business use. I had to pay back taxes, interest, and a 20% accuracy-related penalty. The biggest issue was that I couldn't demonstrate I was spending enough time in real estate activities to justify such a large vehicle expense, especially given my full-time medical practice. The IRS agent specifically noted that my income level made the large loss suspicious. They applied the hobby loss rules and reclassified much of my activity as passive. The total hit was around $45,000 including professional fees for representation during the audit.
Have you considered a 1031 exchange into opportunity zones instead? Much cleaner tax advantages than trying to create losses. My practice income is similar to yours, and I've found that investing in actual rental properties in opportunity zones gives me better tax benefits without raising the same red flags.
Opportunity zones are interesting but completely different from what OP is asking about. 1031 exchanges defer capital gains on property sales, while opportunity zones provide capital gains tax reductions. Neither helps reduce taxes on current W2 income like OP wants.
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One thing nobody has mentioned yet about MMLLC vs S-corp - operating agreements are SUPER important, especially with 4 partners. Make sure you have detailed provisions for: - How profits/losses are allocated (doesn't have to be equal to ownership %) - What happens if someone wants out - Management responsibilities and voting rights - Capital contribution requirements My brother-in-law's multi-member LLC imploded because they didn't have this stuff spelled out clearly. The tax structure matters, but the operating agreement will save you major headaches.
This is really helpful! We have a basic operating agreement drafted but haven't addressed the profit/loss allocation part in detail. Would you recommend getting a specialized business attorney to help with this, or are there good templates we could use as a starting point?
I would absolutely recommend getting a specialized business attorney for this. Templates are a starting point, but with four partners and potentially complex profit-sharing arrangements, you need customization. The attorney cost us about $1,500 for a solid operating agreement, but it was worth every penny. For your escape room business, you'll want specific provisions that address how to handle capital-intensive improvements, marketing expenses, and the sweat equity some partners might contribute versus purely financial investments. The attorney can also help structure things to maximize the tax benefits whether you go MMLLC or S-corp route. Think of it as insurance against future partner disputes.
A practical tip from someone who runs 2 escape rooms: regardless of whether you go MMLLC or S-corp, set up good bookkeeping from DAY ONE. Our first year was a nightmare at tax time because we mixed personal and business expenses and didn't track properly. QuickBooks Online worked well for us, but there are cheaper options like Wave that are good too. Just make sure you're categorizing everything correctly and keeping good records of all your startup costs (which can be substantial for escape rooms with all the props and tech).
Does QuickBooks handle the S-corp payroll stuff well? We're starting a similar business and I'm worried about getting the whole "reasonable compensation" thing right.
Myles Regis
Just to add some clarity about Form 8840 specifically - it's ONLY needed if: 1) You meet the substantial presence test (which you don't with only 138 days) 2) You want to claim you have a closer connection to another country Since you don't meet the substantial presence test, you're already considered a nonresident alien for tax purposes. The green card lottery application doesn't change that status - it's just expressing interest, not actually changing your current status. File your 1040NR and don't worry about Form 8840. You do, however, need to file Form 8843 if you're on a J visa - that's different from 8840 and is required for all J visa holders regardless of day count.
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Brian Downey
•Wait what's the difference between 8840 and 8843? I've been filing wrong for years maybe??
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Myles Regis
•Form 8843 is for J visa holders, students, and certain other nonimmigrant statuses to explain your presence in the US. It's required for everyone on those visas regardless of how many days you were in the US. Form 8840 is only for people who would otherwise meet the substantial presence test (183+ days using the formula) but want to claim they have a closer connection to a foreign country and should still be treated as nonresidents. They're often confused because of the similar numbers, but they serve different purposes. If you're on a J visa, you definitely need to file 8843, but you only need 8840 if you meet that substantial presence test and want to claim the closer connection exception.
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Jacinda Yu
I went through exactly this last year - J1 visa, applied for green card lottery, and OLT confused me with that same question! Pro tip: OLT isn't great for nonresident returns. Their system kept trying to make me file resident forms. I ended up using Sprintax which is specifically designed for nonresident aliens. A bit more expensive but way less confusing and they file state returns too.
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Salim Nasir
•Thanks for sharing your experience! Did Sprintax handle direct deposit of refunds well? That's important to me since I'll be leaving the US soon and want to make sure I get my refund.
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