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Be extremely careful with ERC claims. I work at a CPA firm, and we're seeing massive audits on these. The IRS announced increased enforcement specifically targeting ERC claims. If you're filing in 2025 for 2021 credits, make sure you have ROCK SOLID documentation showing: 1. Your exact revenue decline with supporting financial statements 2. That the decline was related to COVID and not other factors 3. That each employee you're claiming was actually performing services during the claim period 4. That you didn't double-dip with PPP funds for the same wages The IRS has extended the statute of limitations to 5 years for ERC claims, so they have plenty of time to come after improper claims. Be extremely careful!
This is exactly what I'm worried about. How detailed does the documentation need to be for proving the revenue decline was COVID-related? We definitely had a 32% drop, but how do I PROVE it was because of COVID vs other market factors? We're in manufacturing and there were supply chain issues, reduced orders, etc.
For proving COVID causation, you'll want to create a narrative document that connects specific COVID factors to your business decline. Include things like: emails from customers canceling or reducing orders citing COVID concerns, documentation of supply chain disruptions with vendor communications, any relevant COVID restrictions that affected your operations, contemporaneous business records showing canceled projects or reduced capacity. The key is showing a clear cause-and-effect relationship. Also maintain detailed quarterly revenue reports that clearly show the percentage decline from 2019 to 2021 for the same quarters. The more specific documentation you have linking COVID factors directly to your revenue decline, the stronger your position will be if audited.
Has anyone here actually been audited for an ERC claim? I filed mine last year and got about $82k back, but now I'm paranoid with all this talk about increased audits. What happens if they decide you shouldn't have received it?
My brother's construction business got audited for their ERC claim last month. They claimed about $135k total. The auditor mainly focused on two things: documentation of their revenue decline and making sure they didn't count wages that were paid with PPP funds. They had good records and passed, but the agent mentioned they're specifically targeting claims filed by third-party "ERC specialists" since they've found a lot of fraud there.
Don't forget to look into your state tax situation too! When I had federal back taxes, I discovered I also owed state taxes for the same reason. Each state has different programs for payment plans and relief. Make sure you address both to avoid further complications.
I didn't even think about the state implications! Do you know if the IRS automatically notifies state tax authorities when they find federal tax discrepancies?
States and the IRS do share information, but it's not always automatic or immediate. Some states have information-sharing agreements with the IRS, but the timing varies widely. In my experience, if the federal issue involved income that should have been reported on your state return too (like unreported 1099 income), you should probably expect the state to catch up eventually. It's usually better to be proactive and amend your state returns if needed. This often looks better than waiting for them to find it, and you might face fewer penalties for voluntarily correcting the issue.
Has anyone tried negotiating an Offer in Compromise? I've heard mixed things about how difficult they are to get approved.
I've helped clients with OICs, and they're definitely harder to get approved than regular payment plans. The IRS will only accept if they genuinely believe you cannot pay the full amount through any reasonable means. They look at your assets, income, expenses, and ability to pay. The process requires detailed financial documentation and can take 6+ months for a decision. The approval rate is only around 30-40%. Most people who think they qualify actually don't. Payment plans are approved much more easily and quickly. If you're considering an OIC, I'd recommend consulting with a tax professional first to assess your chances.
Just wanted to add - make sure your mom knows about this payment you received. It could potentially cause issues with her tax return if the IRS system thinks you filed independently. Might be worth having her double-check her return was processed correctly.
Thanks for mentioning this! I told my mom right away and she checked her online account with the IRS. Her return was processed correctly with me as her dependent, which makes this even more confusing. Seems like different IRS systems aren't talking to each other properly.
That's definitely the issue then - the system that processes tax returns correctly marked you as a dependent, but the system that distributes stimulus payments didn't get that information. Classic government tech problems! Based on everything I've seen in similar cases, you're very likely in the "safe harbor" category where you can keep the payment without worry.
Has anyone here actually returned a stimulus payment? I got one for my daughter who passed away and I sent it back because the IRS website said to return payments for deceased individuals. The whole process was a nightmare and took forever to get confirmation they received it.
I'm so sorry about your daughter. Yes, deceased person payments are one of the few cases where the IRS explicitly tells you to return the money. For dependent status confusion like OP's situation, they've been much more lenient. I think they realized the administrative cost of processing returns would exceed the benefits.
Just to add another perspective - this happened to me twice with TaxAct over the past few years. The first time I panicked like you, but the second time I knew what was going on. The message is confusing because it makes it sound like you're putting off paying your taxes, when really it's just talking about how you're paying for the TaxAct service itself. In both cases, my card was eventually charged about 8-10 days after I filed. If you're really concerned, you can log back into your TaxAct account and go to your order history to see the status of your payment. Or you can check your bank account in a week or so - the charge will eventually show up as "TaxAct" or sometimes "TAI Services" or something similar.
Does anyone know if TaxAct is better or worse than TurboTax with these kinds of issues? I've used TurboTax for years but their prices keep going up, thinking of switching next year.
I've used both TaxAct and TurboTax over the years, and they each have pros and cons. TaxAct is definitely cheaper than TurboTax, which is why I switched. The interface isn't quite as polished, but it gets the job done and has all the same capabilities for most standard tax situations. Both have similar occasional issues with payment processing and confusing messages. I'd say TaxAct's customer service is a bit slower to respond, but you're saving like $40+ depending on which version you need. If you have a straightforward tax situation, TaxAct is a good value. If you need lots of hand-holding or have a complex situation, TurboTax might be worth the extra money.
I know everyone's focused on the TaxAct fee thing, but can we talk about how TERRIBLE their messaging is? Like seriously, why would they word it that way?? "You have elected to pay the IRS through VPS at a later time" makes it sound like you're putting off paying your actual taxes! They should just say "Your TaxAct preparation fee will be charged to your credit card within 7-10 business days" or something clear like that. This kind of misleading wording causes so much unnecessary stress during tax season.
Ethan Davis
One thing to watch for with NOLs is that there have been some changes in how they work over the past few years. Currently, you can only carry NOLs forward (not backward like you could in the past), and they're limited to 80% of your taxable income in future years. So if you have a $28,000 NOL from 2023, and in 2024 you have $50,000 in taxable income, you can only use $40,000 of your NOL (80% of your income) to offset your 2024 taxes. The remaining $12,000 would carry forward to 2025. Make sure you keep really good records of your NOL so you can properly apply it in future years!
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Diego Ramirez
ā¢Thank you for pointing this out! I had no idea about the 80% limitation. Does this mean I need to file any special forms for my 2024 taxes next year when I use the NOL? And should I be keeping copies of anything specific from my 2023 return as proof?
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Ethan Davis
ā¢Yes, when you apply your NOL to your 2024 taxes next year, you'll need to file Form 1045 Schedule B to show how you're applying the carryforward. It's a good idea to keep a complete copy of your entire 2023 tax return, especially Schedule A of Form 1045 where you calculated the original NOL. Also keep any supporting documentation for the business losses that created the NOL - receipts, invoices, mileage logs, etc. The IRS tends to look more closely at returns with NOLs, so being able to substantiate everything is important. I recommend creating a dedicated "NOL documentation" folder with copies of everything, since you might be carrying this forward for several years.
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Yuki Tanaka
One more thing to consider - if you're filing in a state with income tax, the NOL rules may be different than federal. Some states don't recognize NOLs at all, some have different carryforward periods, and others follow federal rules. For example, in California, NOL rules are different from federal with their own forms and calculations. Worth checking your state's department of revenue website for specifics before filing your state return.
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Carmen Ortiz
ā¢Good point about state taxes! I've also seen some states limit the amount of NOL you can claim in a single year, regardless of the federal 80% rule. My state (Illinois) has its own NOL worksheet that's completely different from the federal one.
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