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Just to add another perspective on the Offer in Compromise process - make sure you understand that the IRS will file a Notice of Federal Tax Lien if one hasn't been filed already. This can affect credit and create other complications. Also, while your OIC is being considered, the 10-year statute of limitations on collecting the debt is suspended. If your sister-in-law is already in CNC status, it might be worth considering whether that's actually a better option for now, especially if she has limited income or assets. Sometimes staying in CNC until the collection statute expires can be more advantageous than an OIC, depending on the specific circumstances.
Thank you for mentioning this! I wasn't aware that the collection statute gets suspended during OIC consideration. Do you know if the CNC status means they can still put liens on her property? She doesn't own a house, but does have a car that's paid off. And approximately how long does the OIC process usually take from start to finish?
Yes, the IRS can (and often does) file tax liens even when you're in CNC status. The lien protects their interest in your assets even though they're not actively collecting. For a car, they typically won't seize it if it's of modest value and needed for work/medical appointments, but the lien would come into play if she tried to sell it. The OIC process typically takes 6-9 months from submission to decision, sometimes longer if there are complications or if the IRS requests additional information. During this entire time, the collection statute is paused. If the offer is rejected and you appeal, that extends the timeline and suspension even further. This is why it's important to weigh whether an OIC makes sense versus waiting out the collection statute in CNC status, especially if your sister-in-law has limited income or assets that would make collection unlikely anyway.
I went through the OIC process last year. One thing nobody warned me about was how strict they are about missing any payments AFTER an OIC is approved. If you miss a payment on an accepted offer, the entire original debt can be reinstated! Also, the financial disclosure is intense. They wanted to know EVERYTHING - my Venmo transactions, cash app, paypal, all bank accounts. They even questioned my Netflix subscription as a "luxury" and made me justify it. Be prepared for this level of scrutiny.
Did you do the OIC yourself or hire someone? And did you end up having to give up the Netflix? I'm just curious how detailed they get...seems super invasive. Good to know about the payment thing tho.
Have you checked if you entered your expenses exactly the same way in both programs? I had a similar issue last year and realized I had categorized an expense differently in one program which affected my net self-employment income slightly, causing ripple effects in the tax calculations.
Thanks for this suggestion. I double-checked and I'm pretty sure I entered everything identically, but I might have missed something. Is there a specific expense category that tends to cause this kind of calculation difference? I'm going to go through line by line again to make sure.
The most common categories that can cause differences are home office deductions and vehicle expenses. Some programs calculate these differently based on how you enter the information. Also check if you're using actual expenses versus standard mileage rate for vehicle costs in both programs the same way. Another thing to look at is retirement plan contributions. If you have a SEP IRA or Solo 401(k), the way these are entered can affect your SE tax calculations differently across programs.
I'm actually a tax prep volunteer and see this all the time. The most likely explanation is that the two programs are using different calculation orders: 1. Program 1 might be calculating your QBI deduction based on your SE income BEFORE deducting the employer portion of SE tax 2. Program 2 might be calculating QBI AFTER deducting the employer portion The IRS guidance suggests the second approach is more accurate, which would explain why your second program shows a higher QBI deduction. Check both returns on Form 8995 (QBI deduction) and Schedule SE to see exactly how they're calculating these amounts.
Is there actually an official IRS position on which order to do these calculations? I always thought the tax code was super specific about calculation order.
I went through a similar situation last year with rotating work sites around Chicago. Here's what I learned after consulting with a tax professional: you might qualify for a deduction if your home is your "principal place of business" and you're traveling TO these temporary work sites FROM your home office. Do you do any work from home? If so, and if that home office is used exclusively and regularly for business, you might have a case for deducting travel from there to your temporary work locations. This is different from normal commuting expenses which aren't deductible.
I do occasional work from home (maybe 1-2 days a month when projects need extra attention). Would that be enough to qualify my home as a "principal place of business"? And if it did qualify, would the deduction be worth the risk of triggering an audit?
Working from home only 1-2 days a month likely wouldn't be enough to qualify your home as a "principal place of business." For this approach to work, your home office would need to be: 1) Used exclusively and regularly for business (a dedicated space), and 2) The primary place where you conduct your business activities, or where you conduct administrative/management activities if you have no other fixed location for those tasks. Regarding audit risk, it's not worth claiming something questionable. The IRS has been increasing scrutiny on home office and travel deductions, especially when the amounts are substantial. Instead, focus on maximizing other legitimate deductions like retirement contributions, health savings accounts, or educational expenses if applicable to your situation.
Have you asked your employer about any reimbursement programs? My company offers transit benefits for employees who commute into NYC from out of state. Might be worth checking if your employer has something similar before trying to find tax deductions that might not apply.
Watch out for another complication - shipping charges! Some platforms include the shipping you charged customers on the 1099-K too. If you're deducting your actual shipping expenses on Schedule C, make sure you're accounting for the shipping revenue properly. This tripped me up my first year.
So true! My 1099-K was about $4,200 higher than my actual product sales because it included both sales tax AND shipping charges. I almost missed this until my tax preparer caught it.
Make sure you're also keeping VERY careful records when dealing with sales tax and 1099-K issues. I got audited last year specifically on this issue because the amounts didn't match up exactly. Had to provide all my sales tax returns from each state along with payment confirmations to prove I'd actually remitted the taxes. The auditor told me this is becoming a common audit trigger because so many online sellers are handling it incorrectly. Document everything!
Teresa Boyd
Have you considered a payment plan instead of an OIC? If your business really might recover or you could get a decent job, the IRS might not accept an OIC if they think you can pay over time. I ended up on a 72-month payment plan and it was much easier to get approved than an OIC.
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Nolan Carter
ā¢I'm worried a payment plan wouldn't be affordable given the total amount I owe. With $175k in tax debt, even spread over 6 years, that's almost $2500 a month not including interest. Is there any flexibility on the payment amounts? Did they look at your actual expenses when determining what you could pay?
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Teresa Boyd
ā¢They absolutely look at your expenses, but they use their own standards for what's "reasonable" which can be frustrating. For example, they have limits on housing costs based on your county. There's also something called a Partial Payment Installment Agreement (PPIA) where you pay what you can afford based on your financial situation, even if it won't fully pay off the debt before the collection statute expires. It's less drastic than an OIC but more flexible than a standard payment plan. In my case, I'm paying $400/month which won't cover the full amount, but it was what the IRS determined I could afford.
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Lourdes Fox
Don't forget about bankruptcy as an option. I know it sounds extreme, but some tax debts can be discharged in bankruptcy if they're old enough (generally more than 3 years old). It's not for everyone, but worth considering if you're truly in a no-win situation.
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Bruno Simmons
ā¢This is risky advice. Tax debts have very specific rules for discharge in bankruptcy. The taxes need to be from returns due at least 3 years ago, filed at least 2 years ago, and assessed at least 240 days ago. Plus, fraud or willful evasion makes them non-dischargeable. OP shouldn't count on bankruptcy without consulting a bankruptcy attorney who specializes in tax issues.
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