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One option nobody's mentioned is an Offer in Compromise. If your financial situation is really bad, you might qualify to settle your tax debt for less than you owe. The IRS will consider your ability to pay, income, expenses, and asset equity. Check out Form 656-B.
Would an Offer in Compromise work if I've already set up a state payment plan? Also, does this affect your credit score the same way a payment plan would?
Yes, you can still pursue an Offer in Compromise with the IRS even if you already have a state payment plan in place. The IRS will take your state tax obligations into account when evaluating your offer. In fact, having a state payment plan might strengthen your case by demonstrating your limited ability to pay. Regarding credit scores, an accepted Offer in Compromise can actually be better for your credit in the long run than a payment plan. While the tax lien itself may impact your credit, resolving the debt through an OIC shows resolution. In contrast, a long-term payment plan means you'll have outstanding debt for a much longer period. Just be aware that the OIC process can take 6-12 months, and you'll need to be compliant with all filing and payment requirements during that time.
Have you considered borrowing money to pay off the state tax debt completely? Personal loan, 401k loan, or even a credit card? Sometimes the interest rate is lower than the penalties and interest that keep accumulating on tax debt.
This is terrible advice. Credit card interest rates are way higher than IRS interest rates. The IRS rate is like 7-8% right now while credit cards are 18-29%. A 401k loan is slightly better but you lose all that potential investment growth.
Don't forget about depreciation too! If you're using actual expenses, you can depreciate the business portion of your vehicles. I track all my expenses in a spreadsheet including maintenance, gas, insurance, registration fees, etc. Then I apply my business use percentage (based on mileage log) to get my deduction amount. One important note: if your vehicles are used 100% for business and never for personal use, you can deduct 100% of the expenses. But the IRS tends to be suspicious of 100% business use for vehicles, so make sure you have solid documentation.
What kind of documentation would be considered solid proof for 100% business use? I have a personal vehicle too, so these test cars really are just for product development and demos.
For 100% business use, you'll want a detailed mileage log showing every trip was business-related. This should include dates, starting/ending locations, purpose of trips, and odometer readings. Having a separate personal vehicle helps your case significantly. Keep all maintenance receipts with notes about how they relate to business use. Take photos of the vehicles showing any business branding or modifications specific to your product testing. Also maintain a written business policy stating these vehicles are designated solely for product testing and not authorized for personal use.
Quick question - how old are these vehicles? If they're fully depreciated already, does that affect how the maintenance expenses are handled on taxes?
Even if the vehicles are fully depreciated, you can still deduct maintenance expenses based on business use percentage. Depreciation is separate from ongoing operating expenses. I have a 12-year-old truck that's fully depreciated but still deduct all the maintenance costs for the business portion of its use.
A couple points that haven't been mentioned yet about gift taxes: 1) Making gifts during your lifetime can also save on overall taxes if the assets are likely to appreciate significantly. Once you gift it, any future appreciation happens in your kid's estate, not yours. 2) Some states have their own estate/inheritance taxes with much lower exemptions than the federal limits. Gifting strategies can help with these too. 3) Gifts of certain types of property (like family businesses) can sometimes qualify for discounts that effectively let you transfer more value while using less of your exemption. Just something to think about if you're doing planning beyond just the basic gift/estate tax rules.
For point #1, doesn't the recipient keep your basis though? So they might get hit with bigger capital gains tax when they sell? I thought that was one reason people wait to transfer at death - the step-up in basis.
You're absolutely right about the basis issue. When you gift assets during your lifetime, the recipient keeps your original basis (with some adjustments for gifts that have decreased in value). In contrast, assets transferred at death get a "step-up" in basis to fair market value, which can eliminate capital gains tax on all the appreciation that occurred during your lifetime. This is a critical consideration when deciding between lifetime gifts versus transfers at death. The best strategy often involves a mix - gifting some assets (especially those with minimal appreciation or those expected to grow significantly in the future) while holding other highly-appreciated assets until death to get the basis step-up. This gets pretty complex and is definitely one reason why people use estate planning professionals instead of just making outright gifts.
One thing nobody's mentioned is that trusts aren't just about tax avoidance - they also protect assets for beneficiaries who might not be good with money. My uncle gifted money directly to my cousin who has addiction issues and it was gone in months. A trust would have prevented that disaster. Also sometimes it's about protecting assets from a beneficiary's potential divorce or creditors. Not all estate planning is tax-motivated!
This is so true. My sister's ex-husband would have gotten half of her inheritance if my parents hadn't used a trust. The trust protected it as separate property that wasn't divided in the divorce.
There's also special needs trusts for disabled family members. Direct gifts could disqualify them from government benefits but a properly structured trust won't.
The one thing nobody's mentioned yet is that you should gather ALL documentation about improvements made to the property over the years. Every upgrade, renovation, or major repair can potentially increase the cost basis and reduce the taxable gain. Your mom should look for receipts, contracts, bank statements, credit card statements, etc. that show money spent improving the property. Things like utility upgrades, fencing, grading, any structures built, surveys, legal fees related to the property, etc. all potentially count toward increasing the basis. The difference between the selling price and the adjusted basis (purchase price plus improvements minus depreciation taken) is what determines the capital gain. Documentation is key!
What about property taxes paid over the years? Do those count as part of the basis? And if she doesn't have receipts for improvements made a long time ago, is there any way to still claim them?
Property taxes paid over the years unfortunately don't increase your basis - they're either deducted as an expense in the year paid (for investment property) or taken as an itemized deduction on Schedule A (for personal property). For improvements without receipts, you're not completely out of luck. You can create a reconstruction of costs using reasonable estimates. Take photos of the improvements, get statements from contractors who did the work if possible, or find comparable costs for similar improvements during the same time period. The IRS prefers documentation, but they recognize that records from many years ago might not be available. Just be reasonable with your estimates and be prepared to explain your methodology if questioned.
Does anyone know if there's a difference in capital gains tax rates for vacant land versus a house on land? My parents are in a similar situation but they're selling just undeveloped acreage.
The capital gains tax rates are the same for vacant land vs. houses - it's based on your income and how long you've owned it, not the type of property. The big difference is you can't claim the primary residence exclusion ($250k/$500k) on vacant land since nobody lived there. Also, undeveloped land typically has fewer improvements you can add to the basis compared to a house where you might have done renovations, replaced a roof, etc. But things like clearing, grading, utility connections, surveys, and access roads still count!
Javier Mendoza
I'm 35 and still don't feel like I fully understand taxes lol. I've learned enough to do basic filing myself, but anytime something complicated comes up (bought a house, started a side business, etc.) I go straight to a professional. Don't feel bad - the tax code is over 6,000 pages long! Nobody understands all of it.
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Connor Murphy
ā¢That actually makes me feel better! Do you think it's worth trying to do my own taxes this year with software, or should I just stick with my tax person until my situation gets more stable? Right now I just have one job and some student loans.
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Javier Mendoza
ā¢With just one job and student loans, you have a perfect situation to try doing it yourself! It's actually the ideal time to learn because your taxes are relatively straightforward but you'll still learn about education credits and student loan interest deductions. I strongly recommend trying it yourself with a good tax software. You can always decide not to submit if you're uncertain and go back to your tax person. But honestly, you'll probably find it much easier than you expect, and you'll learn a ton about taxes that will benefit you for years.
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Emma Wilson
One thing that seriously helped me was watching YouTube videos about taxes specifically for my situation. There are actually some really good tax explainers who break things down way better than the IRS website. I learned more from 30 minutes of videos than years of just filing blindly. Just search "taxes for beginners" or "tax basics explained" - there's tons of free content.
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Malik Davis
ā¢Any specific channels you'd recommend? I've tried looking up tax videos before but couldn't tell which ones were actually giving good info vs just trying to sell something.
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