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For food businesses specifically, you really need to check your local cottage food laws. Many states allow small-scale food production from home kitchens up to certain income thresholds before requiring commercial licensing. In my state, you can sell up to $25,000 of homemade food items annually under cottage food laws without needing a commercial kitchen, though you still need a basic food handler's permit and to follow labeling requirements. Ice cream might be trickier though, as dairy products often have stricter regulations.
That's really helpful! Do you know if cottage food laws would protect him from potential tax issues too, or is that a completely separate concern? And would money made under cottage food laws still need to be reported as income?
Cottage food laws and tax requirements are completely separate issues. Cottage food laws just regulate food safety and allow you to legally sell certain foods from your home kitchen - they don't exempt you from tax obligations. Regardless of whether you're operating under cottage food laws or not, all income needs to be reported on your tax return. While operating under cottage food laws, you'd still report the income on your personal tax return. You could potentially file a Schedule C as a sole proprietor even without formally registering a business name with your state, which would allow you to deduct legitimate business expenses. Many cottage food operators start this way before formally establishing an LLC or other business entity.
OP, I did something similar with beard oil I made. Started selling to friends, then friends of friends. My advice: separate bank account ASAP! Even if it's just a second personal account. I got absolutely wrecked at tax time trying to separate personal and business transactions from one account.
One thing nobody's mentioned yet - make sure you look into the EITC (Earned Income Tax Credit) rules too if you're going to claim them. There are special rules for claiming EITC with qualifying children, and the disability status might actually help you qualify for more. Plus don't forget about the Child Tax Credit and the Credit for Other Dependents. When I claimed my niece who has special needs, I got way more back than I expected because of these credits. Just make sure you have documentation of their diagnosis and any expenses related to their care.
Thanks for mentioning this! Do you know if I would qualify for the Child Tax Credit specifically, or would it be the Credit for Other Dependents since I'm the grandparent, not the parent? Also, would my daughter still be able to get the disability benefits if I claim the kids on my taxes?
You can potentially qualify for the Child Tax Credit even as a grandparent! The relationship test for the CTC includes grandchildren. As long as they meet the other tests (lived with you more than half the year, you provided more than half their support, they're under 17, etc.), you can claim the full Child Tax Credit, which is worth much more than the Credit for Other Dependents. Your daughter can continue receiving the disability benefits for the children regardless of who claims them on taxes. The tax dependency status and disability benefits eligibility are separate systems. The important thing is that you're actually using the majority of resources (including your own money plus a portion of those benefits) to support the children.
Has anyone dealt with the autistic dependent situation specifically? My grandson is also on the spectrum and I found there are additional tax benefits I qualified for, like the Child and Dependent Care Credit if you pay for specialized care while you work. Also, some therapy expenses might qualify as medical expenses if you itemize deductions instead of taking the standard deduction.
Yes! We claim my wife's brother who has autism and we deduct a lot of his therapy expenses as medical expenses. If their medical expenses exceed 7.5% of your AGI, you can itemize and deduct them. Also look into FSA or HSA accounts to pay for these expenses pre-tax if possible.
Anyone know if there's a way to check if your beneficial ownership information report was successfully processed after submission? I filed for all three of my companies last week after the Supreme Court lifted the stay on the Corporate Transparency Act, but I'm nervous the system might have glitched with all these legal flip-flops.
FinCEN's website states that you should receive a confirmation number immediately after submission. They've also indicated they'll send an email confirmation to the address you provided during filing. If you got the confirmation number, you should be good. I'd screenshot or save that somewhere for your records.
I did get confirmation numbers for each filing, but I was hoping there might be some kind of portal where you can log in and verify everything is properly recorded in their system. Guess I'll just hang onto those confirmation numbers as proof I complied with the Corporate Transparency Act reporting requirements while they were active. Thanks for confirming!
Let's talk about what happens if the Corporate Transparency Act is struck down later AFTER you've already filed your beneficial ownership information. Does FinCEN delete all the data they've collected? Or do they keep it even if the law is invalidated? That's what worries me most about all this back and forth.
Great question. From what I understand, if the CTA is ultimately struck down, there would likely be instructions from the court about what happens to already-submitted data. In similar situations with other agencies, courts have sometimes ordered collected information to be deleted or segregated. But it's not guaranteed.
Just wanted to add something important here - if you owe a lot and are worried about the penalties, you should look into the IRS First Time Penalty Abatement program! If you haven't had any issues filing or paying for the past 3 years, you can often get the failure-to-file and failure-to-pay penalties removed. You'll still owe interest, but getting those penalties waived can save you serious $$$.
Wait, really? That would be amazing. Do I have to specifically ask for this program by name when I contact them? And would I qualify even though I had the extension and still missed it?
Yes, you should specifically ask for "First Time Penalty Abatement" when you contact them after filing. Don't rely on them to offer it - many IRS agents won't mention it unless you ask. You would likely still qualify despite missing your extension deadline. The main requirement is having a clean compliance history for the three prior tax years (meaning you filed and paid on time, or had valid extensions and paid by those deadlines). The IRS sees this as a one-time courtesy for otherwise compliant taxpayers.
Has anyone had experience with penalties when u had a really good reason for filing late? My mom passed away in 2022 and I was executor of her estate which took forever to sort out, on top of my own taxes. I haven't filed 2022 taxes either and am nervous about what to expect.
I'm so sorry about your mom. I was in a similar situation with my father's passing. The IRS does have something called "reasonable cause" for penalty relief. You'll need to attach a letter explaining the circumstances and showing how the death and estate duties prevented you from filing on time. Include any documentation you can (death certificate, executor appointment papers). In my experience, they were actually pretty understanding.
Freya Larsen
Just to clarify some confusion I see in this thread: When you file taxes, you're not "claiming yourself as a dependent." You're either filing as someone who CAN be claimed as a dependent or as someone who CANNOT be claimed as a dependent. The difference affects which tax credits you can claim. If you can be claimed as someone else's dependent (even if they don't actually claim you), you can't claim certain credits like the Recovery Rebate Credit. For claiming your brother: Since he's your sibling, you need to meet the qualifying relative tests, not the qualifying child tests. The main tests are: 1) You provided more than half his support, 2) His income was less than $4,950 (for 2023), 3) He lived with you all year, and 4) He's not filing a joint return.
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Oliver Weber
ā¢Thanks for explaining! So if I understand correctly, on my tax return I would indicate that I CANNOT be claimed as a dependent on someone else's return (since I provide more than half my own support), and then separately I'd try to claim my brother as my dependent if I meet all those tests you listed?
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Freya Larsen
ā¢That's exactly right. You would check the box indicating that no one else can claim you as a dependent on their return. This is different from "claiming yourself as a dependent" which isn't a thing. Then separately, you would list your brother as your dependent if you meet all the qualifying relative tests. Make sure you have documentation showing you provided more than half his support - things like receipts for rent, utilities, food, clothing, medical expenses, etc. This is especially important since claiming siblings is something the IRS sometimes looks at more closely.
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GalacticGladiator
Just wondering - does it matter that the brother is 17? Doesn't that make him a qualifying child rather than a qualifying relative? I thought siblings under 19 could be qualifying children.
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Natasha Romanova
ā¢You're right! A sibling can be a qualifying child if they're under 19 (or 24 if a student), they lived with you for more than half the year, they didn't provide more than half of their own support, and they meet the other tests. The benefit of qualifying child vs. qualifying relative is that there's no income limit for a qualifying child. So even if OP's brother made more than $4,950, they might still be able to claim him as a dependent under the qualifying child rules.
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