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Don't forget to look into penalty abatement options! If this was your first time missing filing deadlines or if you had reasonable cause (major illness, natural disaster, etc.), you might qualify to have some penalties removed. This won't help with the base tax amount or interest, but penalties can be a significant portion of what you owe after all this time. You'll need to request First-Time Penalty Abatement or file for Reasonable Cause abatement. Either way, getting those penalties reduced could potentially save you thousands. Just make sure you file that 2021 return ASAP before requesting any abatement.
I had no idea about penalty abatement! Would that work even though it's been so long since the original due date? And do I need to have the return filed first before I can request this?
Yes, you can still request penalty abatement even after a significant delay. The IRS doesn't have a strict deadline for requesting abatement, though they're generally more receptive when you're actively trying to resolve the situation by filing your return and making payment arrangements. You absolutely need to file the return first before requesting any kind of penalty abatement. The IRS won't consider penalty relief on unfiled returns. Once your return is filed, you can request First-Time Penalty Abatement if you had a clean compliance history for the three years prior to 2021. If you had legitimate reasons for not filing (serious illness, natural disaster, etc.), you could alternatively request Reasonable Cause abatement with supporting documentation.
Just so you know how the numbers might work out - on $78k of tax debt from 2021, you're looking at: - 25% failure-to-file penalty: about $19,500 - Failure-to-pay penalty: roughly 0.5% per month, so about 15% by now: $11,700 - Interest on the unpaid amount AND on the penalties: probably another $15-20k So your $78k tax bill could now be around $125k total. Not trying to scare you more, just giving you a realistic picture. This is why everyone's saying to file ASAP and get on a payment plan or look into an Offer in Compromise!
Those calculations seem high. Doesn't the failure-to-pay penalty cap at 25% just like the failure-to-file penalty? I thought the combined penalties couldn't exceed 47.5% of the original tax.
Just so you know, if your income was only $2,800 for the year, you're almost certainly not required to file. But as others have mentioned, you might be leaving money on the table by not filing. One thing nobody has mentioned: if you're expecting to receive disability backpay, be aware that could create a tax situation in the year you receive it. If you get approved and receive a large lump sum, you might want to look into something called "lump sum election" which can help reduce the tax impact by allocating the income to previous years. Also, regarding the survey sites not sending 1099s - that's normal if each one paid you less than $600. But you're still required to report that income. The good news is you can also deduct any expenses related to earning that income, like a portion of your internet bill.
Thanks, that's really helpful about the lump sum election. I hadn't even thought about the tax implications of getting disability backpay. Do you know if I would need to file amended returns for the previous years in that case, or is it handled differently?
You don't need to file amended returns for the previous years with a lump sum election. Instead, when you file your taxes for the year you receive the backpay, there's a special calculation that's done on that year's return. The SSA will send you a letter (SSA-1099) showing how much of your payment applies to each previous year. Your tax preparer (or tax software) can then use this information to calculate your tax as if the income had been received in those earlier years, potentially putting you in a lower tax bracket for the lump sum. It's a bit complex, but any tax professional familiar with disability claims should know how to handle it. And definitely keep all documentation about your medical expenses, as some of those might be deductible as well.
I don't mean to be that person, but I think you should know that the IRS can come after you years later if you don't file. My cousin didn't file for 3 years when he was making very little money, and they eventually sent him notices with penalties and interest. Even if you don't owe anything now, I personally wouldn't risk it. Look into the free filing options others have mentioned. The VITA program helped my grandmother last year and they were actually very professional. They're often accounting students or retired CPAs volunteering their time. Also, check if your state has any specific low-income credits you might qualify for. Some states have additional credits beyond the federal ones that are specifically for people in situations like yours.
I second the VITA suggestion. I used them when I was in college and they were great. Just make sure to bring all your documentation - they'll want to see your ID and social security card, plus any income info you have (even if it's just printouts from the survey sites showing your earnings).
Don't forget to check if your state has any additional deductions for home purchases! Federal and state taxes treat some closing costs differently. In my state, we get an additional deduction for certain recording fees that aren't deductible federally. Also, keep your closing documents forever! You'll need them when you eventually sell the house to calculate your basis and potential capital gains.
Do mortgage points get deducted all at once in the year you buy, or do they have to be spread out over the life of the loan? I've heard conflicting info.
Points can be tricky. For your main home, if the points meet certain IRS criteria, you can deduct them fully in the year you paid them. Otherwise, you have to spread the deduction over the life of the loan. To deduct them all at once, the points need to be for your primary residence, be a standard practice in your area, not be excessive, and a few other requirements. If it's a refinance rather than a purchase, you typically have to amortize the points over the loan term.
freetaxusa actually has a pretty decent help section if you search for "home purchase." That's how I found where to enter my stuff. It's definitely not as obvious as it should be! The standard deduction is so high now that unless you have a really expensive home with high property taxes and mortgage interest, or lots of other itemizable deductions, you might end up taking the standard deduction anyway.
Just an important note: make sure your father actually qualifies as a "first-time homebuyer" under the IRS definition. The IRS considers you a first-time homebuyer if you haven't owned a principal residence during the 2-year period ending on the date of acquisition of the new home. So even if your dad already owns a home, if he hasn't purchased a principal residence in the last 2 years, he still qualifies. But if he's owned his current home for years and lives in it, he wouldn't be eligible for the exception.
Oh that's really helpful! My dad sold his house about 3 years ago and has been renting since then, so it sounds like he would qualify. Does the money have to go directly to the home purchase, or can he just give it to me and then I use it for the down payment?
Sounds like your dad would qualify since he's been renting for the past 3 years. That meets the IRS definition of a first-time homebuyer. Regarding the funds, your father should take the distribution directly from his IRA and then use those funds toward your home purchase. While there's no specific requirement that the money has to go directly from the IRA to the title company, the IRS does look at the purpose of the withdrawal. The safest approach would be for him to document that he's using the funds for your qualifying first-time home purchase. Have him keep records showing the withdrawal and then either a gift letter to you or direct payment toward closing costs or down payment.
Has anyone actually gone through an audit after using this exception? I did something similar last year (used both my and my mom's first-time buyer exceptions) and I'm nervous the IRS might flag it.
Zainab Omar
One thing nobody's mentioned yet - if you do a cash-out refinance and use the money for home improvements, those points related to the home improvement portion CAN be deducted in the same year! This is a huge exception to the general rule. For example, if you refinance $300k but $50k is cash-out for renovations, then 1/6 of your points can be deducted immediately. The rest would be amortized over the loan term.
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Connor Gallagher
β’Is there a specific form or worksheet where we calculate this split between immediate deduction and amortized points? My loan officer never mentioned this and I used $35k from my refi last year for a bathroom remodel.
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Zainab Omar
β’There isn't a specific IRS form just for this calculation. You'll need to determine what percentage of your loan was used for home improvements, then apply that percentage to your total points paid. For your situation with $35k used for the bathroom, you'd calculate what percentage that is of your total refinance amount. If your total loan was $300k, then about 11.7% of your points could be deducted immediately. You'd include the immediate portion with your other itemized deductions, and create a simple worksheet showing your calculation in case of audit. The remaining 88.3% would be spread over the loan term.
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Yara Sayegh
Anyone know if there's a minimum amount required for the home improvement exception? I only took out an extra $8k for some minor renovations during my refi.
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Keisha Johnson
β’There's no minimum amount specified by the IRS for the home improvement exception. Whether it's $8k or $80k, the same rule applies - the portion used for home improvements can have points deducted immediately. Just make sure you keep good records of the renovation expenses to prove how the money was used.
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