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I went down this rabbit hole last year when selling my business. Here's what my accountant (who doesn't sell either product) told me: monetized installment sales are specifically what the IRS targeted with Notice 2022-21, while DSTs are technically different but still high-risk. The key difference is that in a monetized installment sale, you're selling directly to the end buyer but getting a separate loan from a lender. In a DST, you're selling to a trust that then sells to the end buyer. The DST adds an extra layer that might avoid the specific issues in the IRS notice, but creates its own potential problems. He ultimately advised me against both and suggested a 1031 exchange into rental properties combined with opportunity zone investments for the portion that couldn't be exchanged. Ended up being less risky and actually gives me ongoing income.
But don't you lose flexibility with a 1031? I want to invest the proceeds in my new business venture, not just more real estate. Did your accountant discuss that limitation?
That's absolutely correct - 1031 exchanges definitely lock you into real estate investments, which was fine for my situation since I wanted passive income. For business investments, it wouldn't work. For investing in a new business venture, you might want to look into Qualified Small Business Stock (Section 1202) if you're setting up a C-Corp, or potentially an installment sale with a longer genuine payment period (without the monetization aspect that triggers IRS concerns). Both have limitations but might be less risky than DSTs or monetized installment sales. The right strategy really depends on your specific goals and risk tolerance.
Has anyone actually used either of these structures successfully? All I see online are promoters selling them or people warning against them, but never anybody who's actually done it and can speak to their experience several years later (after potential IRS audits).
I know someone who did a DST about 6 years ago. They're still getting payments from the trust and haven't been audited...yet. But they're constantly worried about it, especially with the increased IRS funding. Not sure the stress is worth it honestly.
My sister is a CPA and handled this exact situation for a client last year. The key was having detailed medical documentation that specifically stated: 1. The excess skin resulted from medically necessary weight loss surgery 2. The removal was necessary to prevent ongoing infections and discomfort 3. The procedure was not primarily for appearance reasons They had to document actual medical issues caused by the excess skin. She said without those documented medical reasons, the IRS rejected similar claims from other clients. One client even got audited over it.
Does the IRS ever pre-approve these kinds of deductions? I'm worried about claiming it then getting hit with penalties later.
The IRS doesn't offer pre-approvals for specific deductions before you file. They review after the fact if questions arise. The best protection is thorough documentation. This means doctor's letters clearly stating medical necessity, history of treatments for issues caused by the excess skin, and a clear connection between the gastric bypass and the need for skin removal. The better your documentation, the stronger your position if questioned later.
Just want to add that I actually DID deduct my panniculectomy (medical tummy tuck) after losing 90lbs. I had a letter from my doctor documenting the recurrent infections and limited mobility. Make sure your surgeon codes it properly as medically necessary and not cosmetic! My procedure was coded as "panniculectomy for medical symptoms" not "abdominoplasty" which is considered cosmetic.
Your husband should check if his employer is using a percentage-based method rather than the standard IRS withholding tables. Some payroll systems allow for this option, where the employee can specify a fixed percentage or dollar amount to withhold instead of using the W-4 calculations. It's possible someone either made a data entry error (putting 0.25% instead of 25%) or the system itself has a bug. Your husband should specifically ask if they're using a percentage method and what percentage is currently in the system for him. Also, some payroll systems have a feature where they "true up" at the end of the year - withholding less throughout the year if they determine you've already met some threshold. Though that wouldn't explain the consistently low withholding you described.
That's a really good suggestion about the percentage-based withholding! I never even considered that possibility. Since the amount does seem to be consistently around 0.25% of his gross pay, that explains why it's so weirdly consistent. I'll have him specifically ask HR about this tomorrow. If they entered 0.25 when they meant 25, that's a massive error affecting everyone's taxes!
Glad I could help! This is exactly the kind of data entry error that can slip through, especially if the payroll person isn't carefully reviewing the resulting withholding amounts for reasonableness. If multiple employees are having the same issue, it strongly suggests a system-wide problem rather than individual W-4 issues. One more thing - make sure your husband documents all communications with HR about this. If the IRS questions the underwithholding or assesses penalties, having proof that you identified and tried to correct an employer error can help with penalty abatement.
Has anyone here actually successfully contested an underwithholding penalty with the IRS when it was the employer's fault? We're in a similar situation and owe about $3,800 plus a $220 penalty. š©
Yes! Request a First Time Penalty Abatement if you haven't had tax issues in the prior 3 years. The IRS is generally pretty reasonable with this, especially if you can document that the error was with your employer's payroll system and not your withholding choices.
Thanks for the info! I didn't know about the First Time Penalty Abatement option. We've always filed and paid on time before this, so sounds like we should qualify. Gonna call the IRS tomorrow and request this.
One approach I don't see mentioned yet is checking the Congressional Research Service reports. They publish really good summaries of tax credits by sector. Here's their latest energy tax policy report: https://crsreports.congress.gov/product/pdf/R/R46865 Another option is the Tax Foundation's analyses - they have several reports specifically on energy tax credits that might help with debate prep. They tend to be more critical/analytical which is good for seeing multiple perspectives.
This is super helpful, thank you! The CRS report looks amazing. Does the Tax Foundation have a specific page for all their energy tax analyses or do I need to search through their site?
The Tax Foundation doesn't have a dedicated page just for energy tax credits, but if you go to taxfoundation.org and search for "energy tax credits," you'll find about 15-20 analyses they've published. Their most comprehensive one is titled "Cost Recovery for Energy Investments" which breaks down all the current business energy credits. I'd also recommend checking their analysis of the Inflation Reduction Act's energy provisions since that legislation substantially changed many business energy credits in 2022. Their analyses typically include tables comparing before and after values, which is gold for debate prep.
Don't know if this helps, but the Joint Committee on Taxation publishes estimates of tax expenditures which basically lists EVERY tax credit with dollar amounts. Their latest report is here: https://www.jct.gov/publications/2023/jcx-3-23/ Just ctrl+F for "energy" and you'll find all energy-related credits. It won't give you all the details of each credit, but it will give you a complete list which is what you asked for.
This is actually brilliant for debate prep! Having the dollar amounts associated with each credit gives great impact framing for arguments. Does this show which ones are specifically business credits versus individual?
Sofia Torres
One thing nobody's mentioned - check if you accidentally claimed any credits you're not eligible for. I once got a surprisingly high refund because my tax software somehow checked the box for the American Opportunity Credit even though I wasn't in school that year. Small software glitches can make a huge difference!
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Zoe Alexopoulos
ā¢That's a good point! I'll double check all the credits. I don't think I should qualify for education credits since I haven't been in school for a few years, but maybe something got checked accidentally. I didn't get any unusual questions about education expenses though. Is there a way to see a summary of which credits and deductions were applied on my return? I'm using TaxSlayer if that helps.
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Sofia Torres
ā¢In TaxSlayer, you should be able to view a summary of your return before filing. Look for the "Review" or "Summary" section, which typically shows all the credits and deductions that were applied. Pay special attention to any refundable credits like EITC, American Opportunity Credit, or Child Tax Credit. You can also look at the actual tax forms that are generated - specifically check Schedule 3 and Form 1040 to see which lines have amounts that might be surprising. If you see amounts on lines for credits you don't think you qualify for, that's a red flag.
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GalacticGuardian
Has anyone actually confirmed if tax software can make calculation errors? Like actual math errors? I always thought it was user input errors but now I'm paranoid about my own return.
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Dmitry Smirnov
ā¢Tax software rarely makes actual calculation errors - they're pretty rigorously tested. It's almost always user input errors. The most common mistakes I see (I help friends with taxes) are: 1. Entering the same income twice 2. Mixing up which numbers go in which fields (like the withholding error OP probably made) 3. Missing a form entirely 4. Clicking yes/no incorrectly on a qualifying question
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GalacticGuardian
ā¢Thanks for clarifying. That makes me feel better about my return. I was starting to wonder if I needed to redo everything in another software just to double check the calculations!
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