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One thing nobody mentioned yet - look into filing Form 843 "Claim for Refund and Request for Abatement" after you submit your late return. The IRS has a First Time Penalty Abatement policy that often waives penalties for first-time mistakes if you've been compliant for the past 3 years. Since this is your first business, you might qualify. I missed filing my LLC taxes by 4 months last year and got most penalties removed this way!

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This is really helpful info! Does the First Time Penalty Abatement apply even if I've been filing regular personal taxes on time for years but this is just my first business tax return that's late?

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Yes, that's exactly the situation where it typically applies! The IRS looks for a clean compliance history for the three years prior, so if you've filed your personal returns on time and paid what you owed, you'd likely qualify even though this is your first business return. The key is to file your late return first, pay as much as you can of the tax amount (even if not all), and then request the abatement. Don't request the abatement before you've filed the late return. Many people don't know about this program and end up paying penalties they could have avoided.

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StarSailor

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Quick question for anyone who's been through this - should I file Form 1065 or Schedule C with my 1040? I'm a single-member LLC too and getting conflicting advice. My business made about $85k last year and I'm in the same boat as OP with a missed deadline.

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Jamal Wilson

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As a single-member LLC, you should file Schedule C with your Form 1040, not Form 1065. Form 1065 is for partnerships and multi-member LLCs. Since you're the only owner, the IRS treats your LLC as a "disregarded entity" for federal tax purposes, meaning you report all business income and expenses on Schedule C of your personal return. The exception would be if you elected to have your LLC taxed as a corporation (using Form 8832). But if you never made that election, then Schedule C is the correct form.

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Zoe Wang

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Something important to consider is that the SECURE Act of 2019 (and SECURE 2.0) dramatically changed how inherited IRAs work. Most non-spouse beneficiaries now face a 10-year distribution rule instead of being able to stretch distributions over their lifetime. However, there are exceptions for "eligible designated beneficiaries" which include: - Surviving spouses - Minor children (until they reach majority) - Disabled or chronically ill individuals - Individuals not more than 10 years younger than the deceased If any of your relatives who are beneficiaries fall into these categories, different rules may apply. This could significantly impact your planning.

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Thank you for mentioning the SECURE Act changes. Does this still apply if the IRA is first transferred to a trust, and then the trust distributes to these different types of beneficiaries? Or does moving it to a trust first eliminate these exceptions? One of the beneficiaries is my aunt's disabled sibling, so I'm wondering if there might be special provisions that could help in that case.

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Zoe Wang

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When an IRA is left to a trust, the ability to use these exceptions depends on how the trust is structured. If the trust qualifies as a "see-through" trust and the disabled sibling is an identifiable beneficiary, then yes, that portion of the IRA might qualify for the exception allowing for distributions over that beneficiary's life expectancy rather than the 10-year rule. This would require specific language in the trust that clearly identifies the disabled beneficiary's portion and likely a separate share for that beneficiary. The trust would also need to meet all the requirements to be considered a see-through trust under IRS regulations. This is definitely a situation where specialized estate planning advice is crucial, as properly structuring the trust could result in significantly better tax treatment for that portion of the IRA.

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Has anyone dealt with the issue of Roth IRAs specifically going into a trust? I've heard conflicting things - some people say the tax benefits are completely lost, others say they can still be preserved somewhat. Getting really confused about whether it's better to distribute the Roth before death or let it go through the trust.

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With Roth IRAs going to a trust, the key benefit that can be preserved is the tax-free nature of qualified distributions. Unlike traditional IRAs where distributions are taxable, qualified Roth distributions remain tax-free even when distributed to a trust or through a trust to beneficiaries. The main thing lost is the ability to stretch distributions over a long period - the SECURE Act's 10-year rule typically applies unless beneficiaries qualify for exceptions. But within that 10-year window, growth remains tax-free, which is still valuable. Generally, it's better to keep the Roth intact rather than distributing before death, as this maintains the tax-free growth for as long as possible within allowable limits.

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Have you considered just keeping it until the loan is paid off? If you sell now for $29K with $31K left on the loan, you'll have to come out of pocket for the $2K difference PLUS pay taxes on the depreciation recapture. That's a double financial hit. If the car is still functional and you're using it for business, it might make more financial sense to just keep it until you're at least above water on the loan before selling.

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This is actually really good advice. I was in a similar position with a business vehicle and decided to keep it for an extra year. By that time, I had paid down the loan enough that the sale covered the remaining balance. Plus I was in a lower tax bracket that year, so the depreciation recapture hit me less hard.

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Jayden Reed

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Something nobody's mentioned - you might look into trading it in for another qualifying heavy vehicle rather than selling it outright. If you do a like-kind exchange for another business vehicle, you might be able to defer the depreciation recapture. The rules got tighter with the 2017 tax law changes, but there are still some options for vehicular business assets. Talk to a tax pro about Section 1031 exchanges and if any provisions might help in your specific situation.

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Ava Harris

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Has your boyfriend checked if he can create an online account at IRS.gov? If he can create an account and verify his identity, he might be able to access his wage and income transcript immediately, even without having filed. This would show all reported W-2 income for 2020. For financial aid, this is sometimes acceptable as proof of income when combined with a non-filing statement. Worth trying before paying for professional help since it's free and immediate if it works!

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Charlie Yang

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We tried that first but ran into issues with the identity verification. Apparently since he's never filed before, there's not enough tax history for the automated system to verify him. It kept rejecting the account creation. So frustrating!

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Ava Harris

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That's common with the ID verification system if you don't have a filing history. Another option is to have him go to a local IRS Taxpayer Assistance Center in person. They can provide transcripts on the spot, and their identity verification process is different than the online system. He'll need to call 844-545-5640 to make an appointment first. Just make sure he brings two forms of ID. The in-person verification might bypass the issues you're having online.

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Jacob Lee

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Whatever you do, tell your boyfriend NOT to use one of those "rapid refund" tax places advertising on TV. My roommate was in the same situation and went to one of those places. They charged him $395 to prepare a simple 2020 return that he still had to mail himself, and tried to sell him all kinds of "audit protection" garbage he didn't need. Most of those places just use the same tax software you can buy yourself for $40. Complete ripoff.

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Totally agree! I used to work at one of those places (won't name names) and we were trained to upsell unnecessary services. For a prior year return, we'd charge double or triple the normal fee even though it's the exact same work. The "professional" preparing your taxes often has minimal training too - like a 2-week course.

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Slightly off-topic, but make sure your dealer actually did pass on the full value of the credit to you. I leased an EV in November and later discovered they only passed on about $5,000 of the $7,500 credit! When I confronted them, they admitted they kept part of it as "additional profit" which apparently isn't illegal but is definitely sketchy. Check your lease paperwork carefully to see if there's a line item showing exactly how much of the credit was applied to your lease. If it's less than $7,500 and they told you they were passing the full credit, you might want to talk to the dealer manager.

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StarSurfer

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That's really helpful, I hadn't even thought of that possibility. I'm going to review my paperwork again tonight. Is there a specific term or section I should be looking for in the lease document that would show this?

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Look for something called "capitalized cost reduction" or sometimes "lease incentives" in your paperwork. There should be an itemized list of all factors reducing your cap cost, and one of them should specifically mention the federal tax credit or EV incentive. If the amount listed is less than $7,500, they didn't pass on the full credit to you. In my case, they listed it as "EV Tax Credit - $5,000" and when I asked where the other $2,500 went, that's when they admitted they kept it. Some dealers are more transparent than others, but it's always good to check.

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One important thing no one has mentioned yet - make sure your EV actually qualified for the full tax credit amount! Not all electric vehicles get the full $7,500 in 2024/2025. The rules got really complicated after the Inflation Reduction Act. Some vehicles only qualify for a partial credit, and it depends on where the battery components and minerals were sourced from. Even if the dealer told you it qualifies for the full $7,500, you should double-check on the official IRS list: https://www.irs.gov/credits-deductions/manufacturers-and-models-of-clean-vehicles

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Dylan Wright

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This is so true! I leased a Hyundai IONIQ 5 in December thinking I'd get the full credit benefit, but later found out it only qualified for $3,750 because of the battery mineral requirements. The dealer had advertised the full $7,500 in all their materials, which was technically false advertising.

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