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Have you considered setting up a more formal arrangement like a Community Supported Agriculture (CSA) program with the school? My brother did something similar where he: 1. Created a formal business entity for the orchard 2. Set up the CSA with the school as the primary customer 3. Then donated most of the profits back to the school This gave him business deductions for the orchard maintenance plus charitable deductions for the donations. His accountant said this was much cleaner from a tax perspective than trying to donate "use" of the property.
Wouldn't creating a business entity and then donating back the profits create more paperwork and possibly more taxes than it saves? Seems like you'd have to report all the income first, pay self-employment taxes on it, and then get a deduction for the donation. Am I missing something?
You raise a good point about the additional paperwork - it definitely creates more administrative work. However, it can still be advantageous in certain situations. The business entity allows you to deduct all legitimate expenses related to the orchard maintenance (equipment, supplies, utilities, property taxes, etc.) against the income. These are deductions you might not otherwise get. While you would pay self-employment tax on the net profit, if your expenses are significant, the net taxable amount could be minimal.
Just wanted to add - we did something similar with our maple syrup operation and the local school. Our tax guy set it up as an educational easement on the property, which gave us a one-time deduction for the easement value (which was substantial!), while still letting us own the property. It's more permanent than what you might want, but the tax benefits were significant upfront rather than spread over many years.
Did you have to get a professional appraisal for that educational easement? And was there a minimum time commitment? I'm curious because I have property I'd consider for something similar but don't want to be locked in for decades.
One thing nobody mentioned yet - make sure you're addressing both federal AND state taxes. Each state has different rules about how far back you need to file and penalties for late filing. I was in a similar situation (4 years unfiled) and got federal sorted out only to get blindsided by my state tax authority, which was actually much more aggressive than the IRS. Check if your state has a voluntary disclosure program too - many do.
That's a really good point I hadn't even considered. I've lived in the same state this whole time, but I should definitely look into their policies. Is there an easy way to find out about state voluntary disclosure programs?
The easiest way is to just google "[your state] tax voluntary disclosure program." Most state tax department websites have a section for this. Some states are surprisingly forgiving if you come forward voluntarily. Be aware that some states have shorter lookback periods than the IRS. For instance, my state only required me to file 3 years back, even though federally I had to do 6 years. Some state programs will waive penalties but not interest on what you owe.
I went through this after 7 years of not filing. Here's what surprised me: for most of those years, I was actually owed refunds! I ended up getting money back for 3 of the 7 years, even after penalties. Since you mentioned having maximum withholding, you might be in a similar situation. I used TurboTax for the more recent years and a CPA for the older, more complicated ones. Cost me about $1200 total for professional help with 4 years, which was worth it for the peace of mind. Don't panic about criminal charges - those are extremely rare and typically only happen in cases of deliberate fraud or extremely high dollar amounts. The IRS mainly wants compliance and their money.
Did you file all 7 years at once or space them out? I heard you should do the most recent ones first.
One thing nobody mentioned yet - make sure you're issuing 1099s correctly in the first place. You only need to issue them if you paid a contractor $600 or more during the tax year AND the payment was for services (not goods). Also, if you paid through credit card networks or third-party payment networks (like PayPal Business), technically they're supposed to issue a 1099-K to the contractor if they meet the threshold, and you don't need to issue a 1099-NEC at all. But the rules keep changing, so double-check the current requirements.
Thanks for bringing this up! So if I paid them through PayPal Business, do I still need to issue a 1099-NEC? I thought the threshold for 1099-K was really high, like $20,000? Or did that change recently?
The 1099-K threshold has been a moving target the past few years. Originally it was dropping to $600 for 2023, but then they delayed it. For 2025 taxes, the threshold is $5,000 - so if your contractor received more than that through PayPal Business, then PayPal should issue them a 1099-K. You still have the option to issue a 1099-NEC if you want to be extra cautious, but technically you're not required to if the payment was made through a payment processor that will issue a 1099-K. Just make sure you keep good records of how each contractor was paid, in case of questions later.
I actually just got done with an IRS audit where this exact issue came up! My advice from painful experience: Keep VERY detailed records of all payment processor fees separate from the actual payments. For me, the IRS wanted to see that I wasn't double-counting the fees (deducting them separately AND as part of the contractor payment). I had to create a spreadsheet showing each payment, the fee amount, and the net amount received by the contractor. Also important: make sure your contractors understand how to report this on their end too, so their reported income matches your 1099s.
7 Something similar happened to my father last year. It turned out to be a legitimate letter but the amount was incorrect due to a missed 1099 form. A couple things to check: 1) Did your grandmother have any unusual income last year - like selling investments, taking an early withdrawal from retirement, or receiving unemployment? 2) Is there any way she could have forgotten to report some income? The IRS computers automatically match reported income from employers/banks against what's on tax returns. 3) Did she receive any prior notices? The IRS usually sends several notices before demanding payment. Ask her to check her mail carefully - sometimes people miss the earlier notices or don't understand what they mean.
19 This is great advice. My mother got a letter because she forgot about a small stock sale that generated a capital gain. The brokerage reported it to the IRS but she forgot to include it on her return. Does your grandmother have any investments or retirement accounts?
7 Both great questions! For unusual income, she did sell some stocks last year after my grandfather passed away. She's not very financially savvy and has been relying on their longtime accountant who's getting up there in age himself. Regarding prior notices, that's actually very possible. She doesn't open all her mail right away and sometimes sets aside things she doesn't understand. I'm going to visit her tomorrow and go through her mail from the past few months to see if there were earlier notices. The investment angle seems most likely based on your experiences. I'll definitely check on that specifically when I see the letter. Thank you both for the helpful suggestions!
16 Be really careful about this - my grandfather almost fell for a similar scam last summer. The giveaway was that they wanted payment in gift cards (which the IRS NEVER does). What kind of payment method does the letter request?
6 Those gift card scams are terrible! My neighbor fell for one of those and lost $2000. Definitely check the payment methods requested. The real IRS offers multiple payment options and NEVER asks for gift cards, wire transfers, or cryptocurrency.
Isabella Oliveira
Don't forget to check if your mom kept old bank statements from 2017! My father used to pay his property taxes through his bank's bill pay service, and when I needed proof for an audit, I was able to find the payment that way. The bank statements showed the payment to "[County Name] Treasurer" which was enough for our tax preparer. Most banks keep records accessible for 7 years.
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StardustSeeker
ā¢That's a great idea! I hadn't thought of checking her bank statements. Do you think the amount would be specifically labeled as "car tax" or would it just show as a payment to the county?
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Isabella Oliveira
ā¢It probably won't say "car tax" specifically. In my dad's case, it just showed as a payment to the county treasurer with a reference number. But if you can match the amount and approximate date (usually due the same time each year), that can be enough. Your tax preparer mainly needs the amount paid for deduction purposes. If your mom paid by check, there might even be a memo line notation, or you could look at the back of the canceled check image to see how it was processed. Sometimes the county puts identifying numbers on those.
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Ravi Patel
Has anyone mentioned checking with the tax preparer who did her taxes in 2016 or 2018? They might have a copy of the 2017 statement if they were handling her taxes regularly before her dementia progressed. My mom's accountant kept copies of everything for like 10 years.
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Freya Andersen
ā¢This is what saved me when dealing with my grandpa's taxes! His accountant had backups of almost everything, including property tax statements going back nearly a decade. Worth a phone call at least.
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StardustSeeker
ā¢I hadn't thought of that either! I'm not sure if she used the same preparer before, but it's definitely worth asking. Thanks for the suggestion!
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