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Ask the community...

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Diego Rojas

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Just wanted to add that if the whole life policy lapsed because of insufficient cash value to cover the loan, you might want to check if your parents ever received annual statements showing the declining cash value. Insurance companies are required to send these statements. Also, in some states, there are regulations requiring multiple notices before allowing a policy to lapse, especially for older policyholders. You might want to check your state's department of insurance website for the requirements. If the company didn't follow proper notification procedures, you might have grounds to request they reverse the lapse and reinstate the policy.

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Emma Davis

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Thanks for this suggestion! I've been digging through their paperwork and found they actually have very few statements from the last 5 years. I'm wondering if these notices went to an old address or something. Would the insurance company have records of what notices they sent and when? And if they didn't properly notify, what's the best way to approach them about it?

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Diego Rojas

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Insurance companies absolutely keep records of all notices sent, especially important ones like impending lapse notifications. Request a complete communication history from the company - they're required to maintain these records. If you find they didn't properly notify your parents according to state regulations, start with a formal written complaint to the company referencing the specific notification requirements they failed to meet. Include a clear request to reverse the lapse and reinstate the policy. If they don't respond appropriately, file a complaint with your state's insurance commissioner or department of insurance. These regulatory agencies take notification failures seriously, especially with older policyholders.

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Has anyone successfully challenged a 1099-R from a lapsed policy? I'm in a similar boat but with a universal life policy that apparently lapsed while I was overseas for work. Insurance company says there's nothing they can do now that the 1099-R has been issued.

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My father-in-law managed to get his partially reversed. The key was finding documentation showing the insurance company had been sending notices to an outdated address despite having his current contact info on file for other communications. He filed a complaint with the state insurance commissioner and eventually got about 60% of the taxable amount waived. The company reinstated his policy with reduced benefits rather than treating it as fully lapsed.

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One thing nobody has mentioned yet - have you considered forming an LLC to hold the property? My partner and I did this when we bought our home together. The LLC holds the title, we each own 50% of the LLC, and we have an operating agreement that specifies all the details about payments, what happens if we break up, etc. This approach has some advantages with liability protection and makes the tax situation cleaner in some ways. But there are setup costs and annual fees to maintain the LLC, so it might not be worth it depending on your situation.

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Wouldn't using an LLC mean losing the mortgage interest deduction? I thought you could only deduct mortgage interest on your primary residence if you personally own it, not if it's owned by an LLC?

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You're right to question this - an LLC typically would cause you to lose the mortgage interest deduction for a personal residence. What we actually did was create a partnership agreement rather than a full LLC (I simplified in my original comment). The partnership agreement gives us similar protections in terms of clearly defining ownership and responsibilities, but allows the property to remain in our personal names for tax purposes. This way we each get to deduct our portion of the mortgage interest while having clear documentation of our arrangement. Tax rules around entity structures can get complicated, so definitely consult with a tax professional before going this route.

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Has anyone mentioned gift tax issues yet? My partner and I ran into this when we bought together. If one person is making substantially larger payments toward the mortgage than their ownership percentage, the IRS might consider the excess amount a gift, which could have gift tax implications.

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I don't think that's correct. The annual gift tax exclusion is $17,000 per person for 2023 (probably higher for 2025), and it's only an issue if you exceed that amount. Plus, you'd have to file a gift tax return but probably wouldn't owe any actual tax unless you've used up your lifetime exemption, which is over $12 million.

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Just wanted to add that I'm a tax preparer, and we always advise clients that the donation date for electronic transactions is when the donor initiates the payment, not when it's received. This follows the "mailbox rule" concept - just like a check mailed on Dec 31st counts for that tax year even if received in January. For your non-profit's email, I'd recommend including language like: "To claim your donation as a tax deduction for 2024, please ensure your online gift is completed before midnight on December 31st in YOUR time zone.

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Thanks for this clear advice! So for our email blast, we should focus on the donor's local time rather than our organization's time zone. That makes it much easier to communicate. Do you have any suggestions for how to handle international donations where the donor might be in a completely different calendar day? We have supporters in Asia and Australia who sometimes make year-end gifts.

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For your international donors, I'd recommend adding a specific section in your email addressing them directly. Something like: "For our international supporters, please note that donations are recorded based on the date and time in YOUR location. If it's December 31st where you are when you complete your donation, it will count for this tax year." For donors in countries with different tax systems, you might want to add that this guidance is specific to US tax law, and they should consult their local tax regulations regarding charitable contributions if they're claiming deductions in their home country.

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Julia Hall

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Is there any way to change the timestamp on donations? We had a system outage right before midnight on Dec 31 last year and some donations didn't process until 12:05 AM on Jan 1. Donors were upset that they couldn't claim the deductions for the tax year they intended.

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Lydia Bailey

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Unfortunately, you can't alter the official timestamp on donations that have already been processed - that would raise red flags with the IRS. However, if you had a documented system outage, you might be able to provide donors with a statement explaining the technical issue. In some cases, donors might be able to claim the deduction based on when they initiated the transaction rather than when it completed, but they would need solid documentation. For future years, I'd recommend implementing a contingency plan for your system during high-volume periods like year-end, and possibly closing online donations a few hours before midnight to avoid these issues.

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Dylan Wright

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Make sure you're tracking everything diligently! I sell crafts online and got audited last year because my reported income didn't match what the platforms reported to the IRS. Nightmare scenario. I recommend getting a separate bank account for your business transactions and using accounting software (even a basic one) from day one. Also keep receipts for EVERYTHING, even small purchases.

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Thanks for the advice! Do you recommend any specific accounting software that's not too complicated for beginners? Also, can I just open a regular personal checking account for this or do I need a formal "business" account?

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Dylan Wright

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For beginners, I'd recommend something simple like Wave (it's free) or QuickBooks Self-Employed if you want something more robust but still user-friendly. Both let you track income and expenses, and can generate reports you'll need for taxes. For the bank account, a regular personal checking account works fine when you're starting out, but open one that's ONLY used for your business transactions. This makes tracking much easier and creates a clear separation that's helpful if you ever get audited. As you grow, you might want to upgrade to a proper business account for more features, but that's not necessary right away.

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Sofia Torres

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Don't forget about state taxes too! Everyone always focuses on federal but depending on your state, you might need to collect and remit sales tax on digital products. Each state has different rules about this. And some states have their own self-employment taxes on top of federal.

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This is so confusing... how do you even figure out which states you need to pay tax to if you're selling online to people all over?

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Mei Zhang

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One thing nobody's mentioned - make sure you're using the right tax years' forms when amending! The Schedule C from 2023 is different than the one from 2014. You need to use the original year's forms for each amendment. You can find old tax forms on the IRS website in their "Prior Year" section.

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Thanks for mentioning this! I would have totally messed that up. Do you know if I need to include all the original attachments again or just the ones I'm changing?

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Mei Zhang

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You only need to include the forms and schedules that you're changing with your Form 1040X. So definitely the Schedule C for your business expenses, but if you're not changing other aspects of your return, you don't need to include those other forms again. Also, you'll need to file a separate 1040X for each tax year you're amending. Don't try to combine multiple years on one form - the IRS will reject it.

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Liam McGuire

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Don't forget to include a detailed letter explaining exactly why you're amending! I amended taxes from 8 years ago and they initially rejected it until I sent a very specific explanation letter with my documentation. Be super clear about the tax resolution company's error and why you're just now fixing it.

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Amara Eze

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Good advice. Also worth noting that the IRS generally has 10 years from the date of assessment to collect taxes owed. So depending on exactly when these returns were filed/assessed, the collection statute of limitations might be approaching.

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