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One thing no one's mentioned yet - your brother should check if he's even required to file! The filing threshold depends on whether he's claimed as a dependent on someone else's return. If your parents claim him as a dependent and he only earned $7,500 with no other income types, he might not be legally required to file. But if he had federal taxes withheld from his paychecks, he should still file to get that money back.
Thank you for bringing this up! My parents do still claim him as a dependent. But he definitely had taxes taken out of his checks - I remember him complaining about it lol. So even if he's not required to file, he'd basically be giving free money to the government by not filing, right?
Exactly right! Even if he's not legally required to file, any federal income tax withheld from his paychecks is essentially an interest-free loan to the government. Filing would get that money returned to him. At $7,500 income as a dependent, he'd likely get most or all of his federal withholding back as a refund. Many young workers don't realize they're leaving hundreds of dollars on the table by not filing. Plus, getting into the habit of filing annually is a good practice for his financial future.
Just to add something important - if your brother is expecting a refund (which is likely), there's actually NO PENALTY for filing late! The IRS only penalizes people who owe money and file late. He has 3 years from the original due date to claim a refund. So for 2022 taxes, he has until April 2026 to file and still get his money. For 2023 taxes, he'll have until April 2027.
You might qualify for the Innocent Spouse Relief program. My sister was in a similar situation after her divorce - her ex hadn't filed for years without her knowledge. She filed Form 8857 (Request for Innocent Spouse Relief) and the IRS absolved her of most of the tax liability. Definitely worth looking into if your ex was controlling the finances and tax situation.
Would this apply if we never actually filed jointly though? From what I understand, he just took my W2s and never filed anything at all. Can I still claim innocent spouse if there were no joint returns?
Ah good point - Innocent Spouse Relief typically applies when joint returns were actually filed with errors or underpayment. If no returns were filed at all, that's a different situation. In your case, you'd focus more on explaining the circumstances when you file your returns and potentially requesting penalty abatement due to reasonable cause. The IRS does consider situations involving domestic abuse as potential reasonable cause for penalty relief. The most important thing is to get those returns filed now and explain your situation - they're usually willing to work with you on a payment plan for any taxes owed.
Has anyone successfully requested penalty abatement for first-time penalties? I've heard the IRS has a First Time Abatement policy but don't know if it applies to unfiled taxes for multiple years...
One thing everyone is missing here is basis calculation differences. In an S-corp, your basis increases with income allocated to you and decreases with distributions and losses. In a partnership, your basis also includes your share of partnership liabilities. This can make a huge difference if you have business loans or mortgages since partnership basis rules can allow for larger tax-free distributions or loss deductions.
Could you explain that with a simple example? Not sure I'm following how the liability part impacts distributions.
Sure. Let's say you and a partner each contribute $50,000 to start a business and then the partnership takes out a $200,000 loan. In a partnership, your basis would be $150,000 ($50,000 contribution plus $100,000 of the debt). This means you could receive distributions up to $150,000 tax-free. In an S-corp with the same scenario, your basis would only be $50,000 (your contribution), so distributions beyond that would be taxable. This can be a significant difference depending on your business's debt structure and distribution plans.
Has anyone considered that an S-corp might not always be better? I'm a real estate investor and my CPA advised sticking with partnership taxation because of the basis rules mentioned above, plus the ability to do special allocations. S-corps require proportionate distributions based on ownership while partnerships allow for more creative profit-sharing arrangements.
My wife is
Where did you find Excel-themed jewelry? My girlfriend is an accountant and that sounds perfect for her birthday coming up!
I found it on Etsy! There are several artists who make spreadsheet-inspired necklaces and earrings. Some use the actual Excel icon, while others create pendants that look like spreadsheet formulas or functions. Search for "excel jewelry" or "spreadsheet jewelry" and you'll find plenty of options. There's also a shop that makes custom formula bracelets where you can put in your own Excel formula (my wife loves VLOOKUP so I got her that one). They're surprisingly elegant looking while still being a perfect inside joke for spreadsheet lovers.
Forget the mugs and t-shirts - those are overdone. My accountant friend absolutely lost it when I got him a custom bobblehead that looked like him sitting at a desk surrounded by tiny tax forms and a calculator. Cost about $75 and was 100% worth it. There are several companies online that make custom bobbleheads from photos. Just saying, nothing beats a personalized gift that shows you put some thought into it.
Omg that's actually brilliant! Did it really look like your friend? I'm worried it might come out looking creepy rather than funny.
RaΓΊl Mora
Be REALLY careful with this. What you've done could potentially be interpreted as money laundering or unlicensed money transmission depending on the amounts involved. There are specific regulations around acting as a money transmitter, especially with crypto. I'm not saying you did anything wrong intentionally, but the IRS might flag this transaction regardless of how you report it. If the amount was significant (over $10k) there are additional reporting requirements.
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Margot Quinn
β’This is unnecessarily alarmist. Helping a friend one time doesn't make you a money transmitter business under FinCEN regulations. The money transmitter laws are for people regularly engaged in the business of transmission. A one-off favor doesn't qualify.
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RaΓΊl Mora
β’You're right that a single transaction probably wouldn't trigger money transmitter registration requirements, but it can still create reporting complications. FinCEN has been increasingly scrutinizing crypto transactions. What concerns me more is that banks and exchanges are filing suspicious activity reports for exactly this type of activity - receiving crypto and immediately cashing it out for someone else. While one transaction might not be an issue, it's important for OP to understand there are regulatory considerations beyond just tax reporting.
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Evelyn Kim
Has anyone considered that Coinbase might issue a 1099-K for this transaction? I had a similar situation last year (helped my cousin in Mexico sell some ETH) and Coinbase reported it on a 1099-K even though it wasn't my money. This created a huge headache because the IRS initially thought I had unreported income.
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Carmella Fromis
β’I think they only issue 1099-Ks if you exceed $20,000 in transactions AND more than 200 transactions in a year. Did you do a lot of other crypto trading? For 2023 taxes they were supposed to lower the threshold but they delayed that.
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Evelyn Kim
β’That used to be the case, but they've been inconsistent in my experience. I had less than $15k in total transactions for the year and definitely fewer than 200 transactions. They still issued one to me, which is why I warned about it. The reporting thresholds are supposed to change soon anyway, so better to be prepared.
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