


Ask the community...
Just to add some clarification - it also matters if the settlement had punitive damages vs compensatory damages. Punitive damages are almost never deductible, while compensatory might be depending on what they're compensating for. If your settlement agreement breaks down what's what, that's super helpful for determining tax treatment.
Thanks for this - my settlement does break down different amounts. About $21k was compensatory for financial losses and about $7k was listed as "other damages." Is there a way to deduct at least the compensatory part?
Based on your breakdown, if the $21k compensatory damages were related to financial losses from a business activity or investment property, then yes, that portion would likely be deductible in the appropriate section (Schedule C for business, Schedule E for rental property, etc.). The $7k listed as "other damages" is more ambiguous and would depend on the specific nature of those damages. If they're punitive damages, those typically aren't deductible. If they're for emotional distress without physical injury, those generally aren't deductible either. But if they relate to a business loss in some way, they might be.
Make sure you keep really good records of the settlement! If you get audited, you'll need to show the settlement agreement and proof of payment. I got audited 2 years ago over a business settlement deduction and having all my paperwork saved me big time.
Do cancelled checks count as proof or do you need more than that? I paid my settlement in 3 installments and have the cancelled checks but wondering if I need more documentation.
Quick note that might help - make sure you're tracking ALL your business expenses carefully. I'm a small seller too, and I use a spreadsheet to track: - Cost of materials - Shipping supplies - Platform fees (Etsy, eBay, etc) - PayPal fees - Portion of internet/phone used for business - Home office space (if you have dedicated space) - Mileage when you go buy supplies You'd be surprised how quickly these add up and can reduce your taxable income. I learned this the hard way my first year and paid way more than I needed to!
Do you need receipts for absolutely everything? I haven't been great about keeping track so far. Also, how do you calculate the portion of internet/phone to deduct?
Yes, you should keep receipts for everything - the IRS can ask for documentation if you're ever audited. But if you've lost some, bank/credit card statements can sometimes work as backup. For internet/phone, you need to determine what percentage is used for business. For example, if you estimate 30% of your phone use is for business communications with customers, you can deduct 30% of your phone bill. Just be honest and reasonable with your estimates. Some people keep a log for a few weeks to establish a usage pattern. Same concept applies to your home office - you calculate what percentage of your home's square footage is used exclusively for business, then deduct that percentage of rent/mortgage, utilities, etc.
I see a lot of comments about filing, but nobody mentioned the Qualified Business Income Deduction (Section 199A). If your net income from your business is under certain thresholds, you might qualify for a deduction of up to 20% of your business income! This is separate from your regular business expense deductions. Also, consider making estimated quarterly tax payments if you expect to owe more than $1,000 in taxes. This helps avoid an underpayment penalty when you file your annual return.
Omg this tax stuff is so complicated. Im making bracelets and selling them on etsy too and i had no idea about any of this!!! How do you even make quarterly payments? And what's this 199A thing?
One thing nobody has mentioned is the difference between trading in a regular brokerage account vs. a tax-advantaged account like a Roth IRA. In a Roth, your gains are completely tax-free (assuming you follow withdrawal rules). Might be worth putting some of your trading capital there if you qualify.
I thought you can't day trade in an IRA because of the limited deposits each year and trading restrictions?
You're right that there are limitations. IRAs have annual contribution limits ($7,000 for 2025 if you're under 50), and you can't use margin or do certain types of options trading. But you absolutely can do active trading within those limitations. Just no pattern day trading using margin, which requires $25,000 minimum equity in regular accounts. Some brokerages also have additional restrictions on IRAs, but the tax benefits can be huge for the trading you can do in there.
Quick tip for the original poster: start keeping a detailed log of all your trades with profits/losses clearly marked. Makes tax time WAY easier. I use a spreadsheet that automatically calculates my running net gain/loss for the year so I know roughly what I'll owe.
One thing I learned from my CPA friend - create a simple coversheet/checklist with everything you're providing them. It makes it super obvious if something is missing and gives them a quick overview of your situation. My friend says clients who do this tend to get their returns done faster because they don't have to keep coming back asking for missing documents. It also helps you keep track of what you've already given them vs what you still need to track down.
Do you have a template for this coversheet you could share? I'm trying to visualize what should be on it besides just a list of documents.
I don't have a specific template, but I include these sections: Personal Info (names, SSNs, address), Income Documents (list all W-2s, 1099s by source), Deduction Documentation (charitable contributions, home office, etc.), Credits (child tax credit info), Estimated Tax Payments (dates and amounts), and Questions (things I specifically want the CPA to address). I also add a section for "Changes from Last Year" that highlights anything new (like your new baby) so they immediately know what's different.
I've been using a CPA for years and the best thing I started doing was keeping a "tax events" note on my phone. Whenever something happens that might affect taxes (bought something for business, made a donation, started using part of house for work), I just jot it down with the date. By tax time I have a chronological list of everything that happened.
Smart! What app do you use for this? Just regular notes app or something specific for tracking expenses?
Yuki Kobayashi
Another option is to contact the Taxpayer Advocate Service. They're an independent organization within the IRS that helps taxpayers resolve problems. I had an issue with an HSA distribution that was similar to yours and they were super helpful when I couldn't get through to regular IRS channels. Their number is 877-777-4778. You'll need to explain that you have an urgent deadline (2 days qualifies as urgent). Be prepared to verify your identity and provide details about the notice you received.
0 coins
Sean Flanagan
ā¢Has anyone used the Taxpayer Advocate Service for HSA distribution issues specifically? Just wondering if they're familiar with these types of cases or if I should try the other options first given my tight deadline.
0 coins
Yuki Kobayashi
ā¢The Taxpayer Advocate Service handles all types of tax issues, including HSA distributions. They're especially helpful when you have a deadline approaching and haven't been able to resolve the issue through normal IRS channels. When I used them for my HSA issue, they were very familiar with the documentation requirements and actually helped me understand exactly what I needed to prove qualified medical expenses. The key with your tight deadline is to call them immediately and emphasize the urgency. They can often place a hold on your account while your case is being reviewed.
0 coins
Carmen Vega
Might be too late, but another route is visiting a local IRS office in person. You can schedule an appointment through the IRS website. I know it's not ideal with just 2 days left, but sometimes they have same-day or next-day appointments available if you check early in the morning.
0 coins
Andre Rousseau
ā¢I tried this approach last year. Just a heads up that appointments at local IRS offices are often booked out weeks in advance. With only 2 days left, this probably won't work unless you get super lucky with a cancellation.
0 coins