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Remember that even if there's no income showing on transcripts, your client might still have had filing requirements. I had a client who was self-employed making just enough to require filing (Schedule C with net earnings over $400 triggers SE tax filing requirements), but not enough to receive 1099s or trigger third-party reporting. For reconstructing income, I've had good luck with clients keeping things like appointment books, calendars, or customer lists even when they don't have financial records. Sometimes these can help establish activity levels that can be used to estimate income.
Don't bank statements expire after 7 years? How would someone even get statements from 10 years ago to reconstruct income?
Most banks only provide online access to 7 years of statements, but they often retain records for longer periods. Your client can request older statements directly from their bank - there's usually a fee, but many banks can produce statements from 10+ years ago if needed. This can be extremely valuable for income reconstruction. If bank statements truly aren't available, there are alternative approaches: industry standard rates applied to known work activity, client's recollection of approximate customer counts and average charges, third-party records (like appointment books or contracts), and even client's lifestyle expenses during those periods can establish baseline income needed to maintain that lifestyle.
Has anyone had success with requesting First Time Abatement (FTA) for penalties on multiple years of unfiled returns? I'm wondering if it only applies to the earliest year or if it can be used across multiple tax years.
FTA typically only applies to one tax year - usually the earliest one with penalties. However, I've had success requesting reasonable cause abatements for the additional years by documenting why the client failed to file (medical issues, natural disasters, bad advice from previous accountants, etc). Worth trying for all years, but expect FTA to only work for one.
Just to add another perspective - when I liquidated my S Corp last year, the biggest issue was properly documenting the worthlessness of the business. My tax guy said it wasn't enough to just say "I'm closing down and taking a loss" - I needed to show evidence the business had no value. We created documentation showing failed attempts to sell the business, lack of revenue, negative cash flow, and competitive market conditions that made revival impossible. This packet of "worthlessness documentation" was crucial for supporting the deduction. Also, make sure you're tracking any personal expenses you covered for the business that weren't reimbursed - these can increase your stock basis and potentially increase your deductible loss.
How exactly did you document the "worthlessness"? Did you need an independent appraisal or was your own documentation sufficient? I'm in a similar situation but don't want to spend more money on an appraiser if I don't need to.
I used a combination of internal financial statements and business records rather than paying for an expensive appraisal. I created a documentation package that included monthly P&L statements showing consistent losses, screenshots of competitor pricing that showed we couldn't compete profitably, documentation of failed attempts to sell the business (emails with potential buyers or brokers), and a formal business memo explaining the market conditions that made continuation impossible. My CPA said the key was showing I had made legitimate efforts to make the business work or sell it before declaring it worthless. We also included bank statements showing the business accounts were depleted. This approach worked for me, but situations vary - if your business had substantial physical assets rather than just a website, you might need more formal valuation. The most important thing is showing you've exhausted reasonable options before taking the tax loss.
Quick question about timing - I'm in a similar situation but wondering whether I should liquidate this year or wait until January. Does it make a difference tax-wise? My income is higher this year than it will be next year.
If you're expecting lower income next year, it might make sense to delay the liquidation until January. Capital losses (which some of this likely will be) are more valuable in higher income years since they offset income. But if some qualifies as ordinary loss under Section 1244, that might be more valuable in a higher income year.
Something nobody's mentioned yet - you might actually qualify for certain tax credits even with no income, which could mean getting money BACK when you file! For example, if you had any educational expenses last year, you might qualify for education credits. If you paid for healthcare, there might be credits available there too. And depending on your age and filing status, you might qualify for the Earned Income Tax Credit even with your business loss. Don't miss out on potential refunds just because you think you don't need to file with no income!
Do you know if you can get the earned income credit if your business operated at a loss? I thought you needed actual earned income to qualify for that. Also, would educational expenses count if they were related to improving business skills?
For the Earned Income Tax Credit, you generally do need some earned income to qualify, so a complete business loss might not help there - I should have been more specific. However, even minimal earned income (like side gigs) can sometimes qualify if you meet the other requirements. For educational expenses, if they were directly related to improving skills for your current business, they might be deductible as business expenses rather than qualifying for education credits. Business-related education can usually be deducted on Schedule C if you're a sole proprietor or flow through on partnership returns. This is actually where documenting business losses properly becomes important for future tax benefits.
Hey so I did almost the same thing last year, my small business tanked and I had basically no income. My tax person said to definitely file because not filing for multiple years can trigger automatic flags in the IRS system! Also they explained that living off savings is totally fine tax-wise since that money was already taxed when you originally earned it. You don't pay taxes again when you withdraw from your regular savings account. Made me feel way better about the whole situation!
I think you're getting some overly complicated advice here. H&R Block has a guarantee that covers preparer errors. Just go back to the same office, ask for the manager, and explain what happened. They should handle the entire amendment process for you at no charge AND they should cover any interest or penalties that might result from their mistake. I used to work at a tax prep office (not H&R), and this kind of thing happened occasionally. The company should make it right without you having to do all this extra work yourself. Don't let them brush you off with "the IRS will catch it" because that's not how it works.
Thanks for this perspective! I called the H&R Block office this morning and asked for the manager. At first they tried to stick with the "IRS will catch it" line, but when I mentioned their guarantee that covers preparer errors, their tone completely changed. They've scheduled me to come in tomorrow where they'll handle the amendment for me and they're giving me a document stating they'll cover any related penalties. Should I bring anything specific to the appointment?
Bring all your original tax documents (W-2s, 1099s, etc.), your payment receipt showing how much you paid, and the final tax return they prepared. If you have any emails or documentation about the error being discovered, bring those too. Also ask them to provide you with written confirmation that they'll track the amendment until completion and notify you when the refund is expected. Get the manager's direct contact information in case you need to follow up. Don't leave without copies of everything they submit on your behalf, including the 1040-X form they prepare.
Don't wait for the IRS to "catch" anything! I made this mistake last year and waited 6 months before taking action myself. I finally called the IRS Taxpayer Advocate Service at 877-777-4778. They're an independent organization within the IRS that helps taxpayers resolve problems. Explain your situation and they can help guide you through the fastest way to get your refund. The key is to be proactive. Document everything, including the date and time you discovered the error and the name of the H&R Block preparer who admitted the mistake. This documentation will be crucial if there are any disputes later.
The Taxpayer Advocate Service is great but they're super backed up right now. I called them last month about a similar issue and they told me they're only taking cases with financial hardship or where you're facing immediate negative action from the IRS. Did you have to prove hardship to get their help?
Kara Yoshida
Make sure you're calculating "support" correctly. Support includes housing, food, utilities, medical expenses, education, clothing, transportation, and other necessities. The IRS has a worksheet for this in Publication 501. Also, remember that scholarships you use for tuition and required fees don't count toward your support - only the amount you personally paid from your earnings or savings. So if some of that $13,000 you mentioned includes scholarship money, you might need to recalculate. If your parents claim you as a dependent incorrectly, neither of you will be able to e-file. The IRS system will reject the second return filed with your SSN claimed on it.
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Ben Cooper
β’Thanks for mentioning that about scholarships! I didn't realize they don't count toward my support calculation. I received about $3,200 in scholarships that went directly to tuition, so I guess I need to subtract that from my contribution. So recalculating: I personally paid about $9,800 (not counting scholarships), and my parents contributed $8,500. That's still more than half from me, but closer than I thought. Is there anything else I might be missing in my calculations?
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Kara Yoshida
β’You're on the right track with your recalculation. Also consider any health insurance your parents might provide - that counts as support from them. Same with cell phone plans if they pay for yours, car insurance if they cover it, or any medical expenses they paid. Don't forget to include the fair rental value of housing if you lived with them any part of the year (like during summer break). This often gets overlooked but can significantly impact the support calculation. With your adjusted numbers ($9,800 from you vs $8,500 from parents), you're still providing more than 50%, but it's close enough that these other factors could potentially tip the balance.
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Philip Cowan
Question: if the OP decides they can file independently, would it be better to have the parents give the tuition money to the student instead of paying it directly to the school? That way the student could claim they provided ALL the support and there'd be no confusion?
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Caesar Grant
β’That approach gets into murky territory. The IRS looks at the substance over form. If parents give money specifically for education, it's still considered support FROM the parents, even if it passes through the student's bank account first. What matters is the source of the funds, not who physically makes the payment. If the parents are the true source of the money, they're providing that portion of support - regardless of whether they pay the school directly or give the money to the student to pay.
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