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Don't forget that if you go the OIC route, they will look at your earning potential, not just current earnings. My brother tried to do an OIC and got rejected because even though he was making little money at the time, he had a degree and work history that suggested he could earn more in the future. They calculated his potential earnings over 4-5 years and determined he could pay the full amount eventually. Also, make sure you've filed ALL required tax returns before applying. They automatically reject OICs if you have any unfiled returns for previous years. And you'll need to be current on estimated tax payments for the current year too.
Thank you for this insight - that's really helpful to know about them looking at earning potential. I have a question though - my earning history has been inconsistent because of contract work, with some years much higher than others. Will they just look at my highest earning year and assume that's my potential? Or do they take into account the volatile nature of contract work?
They typically look at an average of your recent years, but they'll definitely take into account your highest earning years as an indication of what you're capable of earning. However, if you can document that the contract work was irregular or that the industry has changed (especially with the company going bankrupt), that can help your case. Make sure to thoroughly document why your past income isn't representative of future earnings. Include any industry changes, health issues, or other factors that limit your earning potential going forward. The more documentation you provide showing why your situation has permanently changed, the better your chances of having them accept a reduced earning potential calculation.
I successfully completed an OIC last year and paid only about 22% of what I owed. Here's what worked for me: 1) I applied for "doubt as to collectibility" since I couldn't pay the full amount 2) I made sure to calculate a reasonable offer (monthly disposable income Ć 12 + assets equity) 3) I included a detailed letter explaining exactly why I couldn't pay 4) Most importantly, I CONTINUED making my monthly payments while the OIC was being processed For the Head of Household question - yes, you can claim your college student if they lived with you for more than half the year (dorm time counts as living with you temporarily) AND if you provided more than half their support. But honestly, changing filing status now won't affect your back taxes - it'll only help going forward.
Did you use a tax professional or do it yourself? I've been watching YouTube videos about the OIC process but everyone makes it seem so complicated. How long did the whole process take from application to acceptance?
I did it myself, though I spent about 3 weeks researching and preparing before submitting. It's definitely complicated but doable if you're organized. The whole process took about 9 months from submission to final acceptance. The key was being extremely thorough with the financial information and documentation. I literally sent them a binder with everything tabbed and indexed. The IRS assigned an offer examiner who called me twice to clarify some expenses, but otherwise the process was mostly waiting. When I got the acceptance letter, I paid the agreed amount within a week, and they released the federal tax lien about 30 days later. Just be prepared for a lot of paperwork and patience!
One thing nobody's mentioned yet - make sure you respond to the LT38 by the deadline even if you're still sorting out the details! Those notices have strict deadlines and if you miss it, you could lose certain appeal rights. If you need more time, call the number on the notice and request an extension while you gather documentation. They'll usually give you an additional 30-60 days if you have a legitimate reason. Also, if you do end up owing money, look into a payment plan. The IRS offers reasonable monthly payment options, and once you're on a plan, they'll stop sending threatening notices.
That's really helpful - I was so focused on figuring out the correct amount that I hadn't thought about the deadline. The notice says I have 30 days to respond. If I request more time, does that stop any collection actions they might take?
Requesting more time usually pauses collection actions while your case is being reviewed, but it's not guaranteed. Make sure you get confirmation (ask for a transaction ID or confirmation number) when you request the extension. The safest approach is to send a written response by certified mail before the deadline stating that you're disputing the amount and gathering documentation to support your position. This officially stops the collections process while your case is reviewed. Then follow up with your complete documentation once you have everything organized.
Has anyone had success getting interest charges removed in situations like this? I had a somewhat similar issue where the IRS made an error processing my return, and by the time they figured it out, they had added over $800 in interest to my balance.
Everyone's focusing on getting the documents, but I want to address what ACTUALLY happens if you don't file: 1. The IRS will eventually send notices (CP59 Notice) 2. They might file a "Substitute for Return" based on income info they have, which won't include any deductions/credits you'd qualify for 3. They'll assess tax, penalties and interest 4. They can eventually garnish wages, take money from bank accounts, and seize tax refunds for YEARS 5. There's no statute of limitations on unfiled returns, so this can haunt you forever I ignored filing for 3 years when I was younger and it took me 6 years to clean up the mess. DON'T DO IT.
Did they ever come to your house or anything? That's what I'm worried about. Also did it affect your credit score?
They never came to my house - that's pretty rare unless you're being investigated for tax fraud involving large amounts of money or criminal activity. The IRS generally handles everything through mail notices and phone calls before taking more serious collection actions. It absolutely destroyed my credit score for years. The tax liens showed up on my credit report and dropped my score by over 100 points. This affected my ability to get apartments, car loans, and credit cards. Even after I paid everything off, the damage lingered for a while. The credit reporting rules have changed somewhat since then, but tax problems can still indirectly affect your credit when they impact your financial situation.
Some practical advice: even with missing docs, FILE SOMETHING by the deadline (April 15)! You can file Form 4868 for an automatic extension to October, then use that time to get your docs sorted. The extension doesn't extend the time to pay, but it prevents the nasty failure-to-file penalty which is much worse than the failure-to-pay penalty.
Wait so if I file for an extension I still need to pay what I think I might owe? How do I even calculate that without my W-2??
Yes, you're expected to make a good-faith estimate of what you might owe and pay that amount when you file the extension. Without your W-2, you can estimate based on your final paystub of the year, which usually has year-to-date information. Most paystubs show how much federal tax was withheld throughout the year. If you don't have your last paystub, you could also estimate based on last year's return if your income situation was similar, or check your bank deposits to calculate approximately what you earned and estimate taxes from there. Even if your estimate isn't perfect, showing that you made a reasonable effort to comply will usually help reduce penalties.
For your S-corp, have you looked into retroactive retirement plans? Solo 401k plans can be established up until the tax filing deadline INCLUDING EXTENSIONS (so potentially Oct 15), and could allow significantly higher contributions than a SEP IRA depending on your specific situation. You'd need to establish the plan before April 15 though, even if you file an extension. Another option: check if you qualify for the Qualified Business Income (QBI) deduction, which could give you up to 20% off your pass-through business income. Review your health insurance setup too - if structured correctly, S-corp shareholders can deduct premiums.
I thought Solo 401ks were only for self-employed individuals without employees. Doesn't an S-Corp usually have at least the owner as an employee? Would this still work if the owner is the only employee?
You're right to question this - I should have been more specific. A Solo 401k can work for an S-Corp if the only employees are the owner (and potentially their spouse). If the S-Corp has any other W-2 employees who work more than 1,000 hours per year, then you'd need a regular 401k plan with non-discrimination testing. If OP only has themselves (and possibly their spouse) as employees, then the Solo 401k is still an option and could allow for higher contribution limits than a SEP IRA in many cases, especially when you consider both the employer and employee contribution components.
Maybe this is a dumb question but have you claimed the home office deduction? I have an S-Corp and my accountant says many business owners miss this. If you use a space exclusively for business, you can deduct a portion of your rent/mortgage, utilities, internet, etc. Could save you a decent amount!
Not a dumb question at all, but with an S-Corp, the home office deduction works differently than for sole proprietors. The corporation should reimburse you for the home office expenses rather than taking them directly on your personal return. The S-Corp can deduct the reimbursement and it's not taxable income to you if done correctly.
Omar Fawaz
Something nobody has mentioned yet - have you asked the apartment complex if they'll accept proof that you've submitted the ITIN application? Many places will let you sign the lease if you can show them the W-7 that's been submitted. Also, would they accept her as an occupant but not on the lease? That might be a workaround if you qualify for the apartment based on just your income.
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CosmicCommander
ā¢Thanks for this suggestion! I actually tried asking if they would accept proof of application but they were pretty firm about needing the actual ITIN before finalizing the lease. I didn't think about the occupant vs. lease-holder distinction though - that's a really good idea. I'll check if my income alone meets their requirements. The only concern is that many places have rules about all adults living in the unit being on the lease. I'll definitely bring this up with them tomorrow. Really appreciate the suggestion!
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Chloe Martin
Has anyone actually challenged an apartment complex on this requirement? My understanding is they need either an SSN or ITIN for credit check purposes, but a foreign national with no US credit history won't have a US credit report anyway, so what are they actually checking?
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Diego Rojas
ā¢They use it for identity verification and for potential collections if you break the lease. Without an ITIN or SSN, they have no way to report to credit bureaus or track you down if you skip out on rent. Some places will accept a larger security deposit instead.
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Chloe Martin
ā¢That makes sense, thank you. I hadn't considered the collections angle. I wonder if offering an additional security deposit might work in the original poster's case. Seems like that would address their concern about potential risk.
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