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Don't overlook the redemption rules with Section 1202! My business acquisition got disqualified because the target company had redeemed shares from a departing founder just 12 months before I invested. The "2-year look-back" rule meant my stock didn't qualify. Make sure there haven't been any redemptions within 2 years before your purchase, and don't plan any redemptions within 2 years after. Also, if you're buying from existing shareholders rather than getting new shares issued directly from the company, that's generally not going to qualify as QSBS.
Thanks for bringing this up - I hadn't even considered redemption timing issues. Is there any exception if the redemption is very small compared to the total outstanding shares? For example, if they bought back 2% of shares from a departing employee?
There is a de minimis exception for redemptions, but it's very limited. The exception only applies if the total value of stock redeemed within the relevant period doesn't exceed $10,000 OR 2% of the value of all outstanding stock at the beginning of the period. So for most businesses of meaningful size, that 2% threshold is really tiny. The safest approach is to ensure no redemptions have occurred in the look-back period. If there have been redemptions, you'll need to carefully analyze whether they fall within the de minimis exception or whether there's a qualifying exception for death, disability, or divorce (there are specific carve-outs for these situations).
Has anyone else run into issues with the "active business" requirement? I bought a manufacturing business that qualified initially, but we started generating significant interest income from our cash reserves (about 15% of our income), and our accountant warned this might jeopardize our Section 1202 qualification.
Yes, this is a real concern! One way around this is to establish a separate entity for your excess cash/investments. The "active business" test requires that at least 80% of assets be used in the active conduct of a qualified business. If your cash reserves are getting too large, you could dividend out excess cash to yourself and then invest personally, or create a separate investment entity that wouldn't affect your QSBS-eligible company.
Has anyone dealt with getting the actual 5498 forms from the bank? I'm having a nightmare situation where my bank (rhymes with bells largo) keeps telling me they "don't have access" to previous year forms. The IRS is hitting me with a deficiency notice over IRA contributions too.
Banks are required by law to keep those records! Ask to speak to a supervisor in their tax document department, not just a regular customer service rep. If they still refuse, remind them that per IRS regulations they MUST provide you with copies of tax documents for at least 3 years. If all else fails, you can try filing Form 4506-T with the IRS to get wage and income transcripts that might show the IRA contributions even if you don't have the bank's forms. I had to do this when my credit union "lost" my 5498 records during a system update.
Thanks for this advice! I called again today and specifically asked for the tax document department instead of regular customer service. They still gave me trouble but when I mentioned the IRS regulations about maintaining records, their tone changed completely. They're sending me copies of all my 5498 forms from the last 4 years. I had no idea about Form 4506-T either, that's super helpful as a backup option. I'm starting to feel like we need a complete guide for dealing with banks that "lose" or mess up IRA contribution records!
I just want to add something important about that 90-day window on the Notice of Deficiency. DO NOT miss that deadline! If you do nothing within 90 days, you lose your right to challenge this in Tax Court without first paying the full amount. My parents got hit with a similar IRA issue and thought they had resolved it by sending some documents to the IRS. They didn't realize they still needed to either file a Tax Court petition or resolve it completely within the 90 days. They ended up having to pay the full assessment plus additional interest, and then fight for a refund afterwards - which took almost 2 years to resolve. Even if you think you're resolving the issue by working with the bank and IRS, protect yourself by watching that deadline carefully.
This is really important info, thank you! Our letter arrived yesterday, so I'm guessing our 90-day clock is already ticking. Should we hire a tax attorney to help with the Tax Court petition if we can't get this resolved quickly? I'm worried about messing up the paperwork and losing our right to challenge this.
I'd contact your state's bar association and ask for a referral to a tax attorney. This is a pretty big screw-up by TurboTax and might fall under "professional negligence" since you paid for their Full Service option. Most attorneys offer free consultations. Save all communications from TurboTax about this error. Also, not sure if this helps, but did you itemize deductions? If you did, some of those gambling losses might offset the winnings for AGI calculation purposes. Tax law around gambling can be complicated.
Thanks for the advice! I didn't itemize - I took the standard deduction. Would that have made a difference with how the gambling income was handled? I'm definitely saving everything from TurboTax, including recording our phone conversations (with their knowledge).
Yes, that makes a significant difference. Gambling losses can only be deducted if you itemize deductions, and even then, they're limited to the amount of your gambling winnings. Since you took the standard deduction, you couldn't deduct those losses at all, which means your AGI should definitely have included all the gambling winnings. This actually makes TurboTax's error even more clear-cut. They should have included all gambling winnings in your AGI calculation regardless of your losses or deduction choice. Definitely consult with a tax attorney - this is a textbook case of preparer error.
Something similar happened to me with H&R Block last year. They completely missed reporting my crypto trading as income, and I got hit with a huge bill later. I ended up having to set up a payment plan with the IRS. Definitely call TurboTax customer service and ask to escalate to a supervisor. They may offer to cover penalties and interest. Also, start setting aside money now because the IRS won't care that it was TurboTax's mistake - they'll still expect you to pay what you owe.
Did H&R Block end up covering any of your penalties or offering any compensation for their mistake? I'm dealing with something similar right now.
I'm a tax preparer and see this problem with education credits all the time. Here's a simplified explanation: 1) Fellowships are tax-free ONLY for amounts used for qualified education expenses 2) Any fellowship money used for living expenses is taxable 3) For the Lifetime Learning Credit, you can only use expenses not already covered by tax-free education assistance So if you have $30,000 fellowship and $13,500 in qualified expenses, $13,500 of your fellowship is tax-free and the remaining $16,500 is taxable. But here's the catch - those same $13,500 expenses used to make part of your fellowship tax-free CAN'T also be used for the LLC. If you had additional qualified expenses beyond what you used for the tax-free fellowship portion, those could potentially be used for the LLC.
This finally makes sense! So basically I can't get both benefits on the same dollars - either the money is tax-free OR I can use it for LLC but not both. Would it be possible to split my qualified expenses? Like use $8,000 for tax-free fellowship treatment and the remaining $5,500 for the LLC calculation?
Exactly! You can absolutely split your qualified expenses to optimize your tax situation. You could allocate $8,000 of your qualified expenses to make that portion of your fellowship tax-free, and then use the remaining $5,500 toward calculating your Lifetime Learning Credit. With the LLC giving you a credit of 20% of your qualified expenses, that $5,500 would generate a $1,100 tax credit. You'd need to calculate whether this approach saves you more than making all $13,500 of your fellowship tax-free. It depends on your tax bracket, but credits are generally more valuable than exclusions from income.
Has anyone used TaxSlayer for this situation? I'm in almost the identical situation with fellowship and education credits but don't want to pay for TurboTax.
I used TaxSlayer last year with a research fellowship and Lifetime Learning Credit. It worked fine but you have to be careful about how you enter the fellowship income. If you received a W-2, enter it as wages. If no W-2, you need to report it as "Other Income" and then separately indicate how much was for qualified expenses. For the LLC, make sure you're only claiming expenses that weren't already covered by tax-free scholarship/fellowship funds. TaxSlayer has a decent education credits section but doesn't always make this distinction super clear.
Liam Cortez
Another option is to just have additional withholding taken from each paycheck. My husband and I both put $50 extra withholding per check on line 4(c) of our W-4s, and we went from owing $1800 to getting a small refund. It's simple and you don't have to overthink it.
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Lauren Wood
ā¢That's really helpful actually. Is that something I can just write in on the form? Like a specific dollar amount to take out extra? How did you figure out that $50 was the right amount?
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Liam Cortez
ā¢Yes, on the current W-4 form, line 4(c) is specifically for additional withholding. You just write in the extra amount you want withheld from each paycheck. We calculated our $50 amount by looking at how much we owed last year ($1800) and divided it by the number of paychecks we each get annually (we both get paid bi-weekly, so 26 paychecks each). That gave us about $35 per paycheck, but we rounded up to $50 to be safe. It's not a perfect science, but it worked well for us. You could do the same calculation based on what you've owed in previous years.
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Savannah Vin
Has anyone tried the "Multiple Jobs Worksheet" on page 3 of the W-4? I found it really helpful for our situation (both working, no kids).
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Mason Stone
ā¢I tried it but found it confusing tbh. Ended up just doing what someone suggested above - using the "married but withhold at higher rate" option and adding a little extra. Way easier and had the same result.
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