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Just a warning to everyone: there are a lot of ERC mills out there making false claims about eligibility. Make sure your business truly qualifies before filing for the credit. The IRS has specifically flagged ERC for enhanced scrutiny. You need to show either: 1) Significant decline in gross receipts (50% for 2020, 20% for 2021) OR 2) Full or partial suspension of operations due to government orders The "partial suspension" has to have actually impacted your business operations significantly. Just having capacity limits might not be enough if it didn't actually hamper your business.
What about restaurants that had to switch to takeout only? We had about 40% of our normal business volume but kept all staff on. Does that count as partial suspension?
Yes, restaurants that were forced to close their dining rooms and switch to takeout-only would generally qualify under the partial suspension test. That's a clear case where government orders directly limited your normal operations in a significant way. The key is documenting exactly how these restrictions impacted your business. Keep copies of the local/state orders that required the closure of your dining room, notes about dates these were in effect, and evidence of how it affected your operations (like showing you normally had dine-in service before the pandemic). The IRS will be looking closely at these claims, so having good documentation is crucial. The switch from dine-in to takeout-only is actually one of the examples the IRS itself has used of qualifying partial suspension.
Has anyone received their ERC payment yet? I filed amended 941-X forms for Q2-Q3 2021 back in January and still haven't heard anything or received the credit. My accountant says it could take 6+ months but that seems ridiculous!
Filed ours in November last year, just got the refund last week. So about 8 months total wait time. IRS is super backed up with these claims.
We filed in December and got our first quarter payment in June, still waiting on Q2 and Q3. No rhyme or reason to the order they're processing them.
As someone who works in tax resolution, here's my advice: Get your IRS transcripts first. You can request them online at IRS.gov or by filing Form 4506-T. This will show what information the IRS has about your income for those years. For the Boston area, try contacting the Boston Tax Help Coalition - they provide free tax preparation for low to moderate income taxpayers and might be able to help with your situation or at least point you in the right direction.
Does it matter if some of the unfiled years included illegal income? Not asking for a friend...seriously wondering how that affects the process.
Regarding income from illegal activities, it technically should be reported on tax returns (yes, seriously - the IRS requires reporting of all income regardless of source). However, in practice, most people in this situation report it as "other income" without specifying the source. The Fifth Amendment can protect you from having to disclose the specific illegal source, but not from paying taxes on the income itself. That said, this is definitely an area where having professional representation is crucial - ideally an attorney with tax expertise who can maintain attorney-client privilege.
Has anyone used the IRS Fresh Start Program? I heard it helps with penalties but not sure if it applies to cases with this many unfiled years?
I used it after being behind 7 years. It helped me avoid some penalties, but you have to file all required returns first before you can access most of the benefits. The installment agreements were surprisingly reasonable tho.
15 A bit off-topic, but make sure you're aware that the refund will be sent as a paper check, not direct deposit. The IRS only does direct deposit for current year returns filed during the regular tax season. For some reason they don't make this clear anywhere!
7 Wait really? That's important to know since I've moved twice since 2020. Do I need to update my address with the IRS before sending the old return?
15 Yes, you should definitely update your address with the IRS before filing your old return. You can do this by completing Form 8822 (Change of Address) and mailing it in before you send your tax return. This ensures your refund check will go to the right place. If you've already sent in your return with an old address, you can still submit Form 8822 afterward, or you can call the IRS directly to update your address. The IRS will usually forward tax refund checks for up to one year if you have mail forwarding set up with USPS, but it's much better to make sure they have your current address on file.
11 I'm facing a similar issue but with 2019 taxes - am I completely out of luck for getting that refund now?
12 Unfortunately, yes. For 2019 taxes, the deadline to claim a refund was April 18, 2023 (three years from the original due date). The IRS is very strict about this three-year rule for refunds - once that window closes, any unclaimed refund money goes to the U.S. Treasury, and you can't get it back.
Have you compared your marginal tax rates between the two years? Even small changes in income can push you into different brackets. Also, tax brackets and standard deductions change each year with inflation adjustments. One thing to check: are you itemizing deductions both years? If your mortgage interest and other itemized deductions are close to the standard deduction threshold, you might have benefited from itemizing in 2022 but not as much in 2023, especially since the standard deduction increased for 2023.
I double-checked and I'm definitely itemizing both years. My mortgage interest, property taxes, and charitable contributions put me well above the standard deduction. But you've got me wondering about the marginal rates - I didn't consider that the brackets shift each year. How much did they adjust for 2023?
The tax brackets for 2023 were adjusted upward by about 7% for inflation. For example, the 22% bracket started at $44,725 for single filers in 2023, up from $41,775 in 2022. This means you need to earn more in 2023 to reach the same tax bracket as 2022. Another factor to consider is that your withholding decreased more than your income did percentage-wise. So even though your tax liability may have gone down due to lower income, your withholding went down even more, resulting in a smaller refund. Remember, a refund just means you overpaid throughout the year.
Anyone know if mortgage interest is still worth itemizing in 2023? My mortgage is pretty new so interest is high, but I've heard the standard deduction is so big now that itemizing doesn't make sense for most people? I've got about $11,200 in mortgage interest for 2023.
For 2023, the standard deduction is $13,850 for single filers and $27,700 for married filing jointly. So if your TOTAL itemized deductions (mortgage interest + property taxes + charitable contributions + other eligible deductions) don't exceed those amounts, then you're better off taking the standard deduction. With $11,200 in mortgage interest alone, you're close to the threshold for single filers. Do you have property taxes or charitable donations that would push you over the standard deduction amount?
Clarissa Flair
Another option nobody's mentioned - if you filed with a tax preparer last year (like H&R Block, Jackson Hewitt, etc.), they should have your returns on file regardless of whether you have the documents or not. I'm a seasonal tax preparer and we keep records for years. Just bring your ID to prove you're the same person, and we can pull up your AGI in seconds. Most places will give you this info for free even if you're not using them again this year. Worth a try before going through all the IRS hassle!
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Caden Turner
ā¢What if my tax preparer was a local guy who's now retired? He did my taxes for years but closed his business last fall. Do preparers have to transfer their records when they close or am I just out of luck?
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Clarissa Flair
ā¢That's definitely a tough situation. When preparers retire, they're supposed to notify clients about what will happen with their records. Many transfer them to another preparer who takes over their business, or maintain limited access to records for situations exactly like this. If you know his name, try searching online to see if there's any information about who took over his clients. You could also check with other local tax offices - sometimes they absorb the clients and records from retiring preparers in the area.
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McKenzie Shade
Has anyone tried just going to a local IRS Taxpayer Assistance Center in person? I had a similar issue and made an appointment at my local office. Brought my ID and they printed my transcript right there. No mailing, no waiting for online access, just walked out with it same day.
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Harmony Love
ā¢How did you make an appointment? When I called the IRS appointment line it said the wait was over 3 weeks for my local office. Did you just walk in or is there a faster way to get seen?
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