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Another thing to consider - what happens if the tenant leaves early? Do you have a clause in your lease about how refunds would work? If you accept a full year's payment and they move out after 4 months, you'd technically owe them 8 months of rent back, which might be a hassle if you've already spent the money.
This is super important! My friend had this exact situation and ended up in small claims court because she couldn't immediately refund the prepaid rent when the tenant left early. Make sure your lease specifically addresses this!
That's a really good point about small claims court! I hadn't even thought about the legal implications. I'd suggest putting a clause in the lease that clearly states the prepaid rent is non-refundable, or alternatively, spell out exactly how refunds would be calculated including any penalties for breaking the lease early. The more specific you can be in the lease, the better protected you'll be if things go south.
Could you maybe ask them to pay every 3 months instead? That might be a good compromise that gives them fewer transactions but doesn't put all the money in one tax year for you. Just a thought.
That's actually what I do with my tenants! Quarterly payments are much easier to manage than monthly but don't create as many tax headaches as annual payments. Plus if something goes wrong, you're only out a few months rather than a whole year.
One thing to check is if your state offers a "first time abatement" policy like the IRS does. Some states will waive penalties (but not interest) if you've had a good filing and payment history in the past and this is your first time missing a deadline. You usually have to call and specifically request it though.
I didn't know about first time abatement for state taxes! Do you know which states offer this? I've always filed and paid on time before this year.
Not all states offer it, but quite a few do. California, Illinois, Massachusetts, and New York are some of the larger states that have some version of penalty abatement for first-time issues. Some call it "reasonable cause" relief rather than first-time abatement. The key is to request it explicitly - they almost never offer it automatically. You typically need to have a clean compliance history for the past 3-4 years to qualify. The requirements vary by state, but it's definitely worth asking about when you call to set up your payment plan.
Has anyone dealt with making a partial payment by the deadline? I'm thinking about paying what I can by April 15th and then the rest when I get my next paycheck at the end of the month. Will I still get hit with penalties on the full amount?
I did this last year. The penalties and interest only apply to the unpaid portion. So if you owe $1000 and pay $700 by the deadline, you'll only be charged penalties on the remaining $300. Definitely better than paying nothing by the deadline!
Just a quick bit of advice from someone who went through this exact situation: definitely respond to the CP2000 notice by the deadline even if you're still preparing your amended return. You can send a simple letter acknowledging receipt of the notice and stating that you're in the process of filing an amended return to correct the issue. This keeps you in compliance with the response deadline while giving you time to properly prepare the amendment. The IRS is much more willing to work with you if you're communicating with them, even if you need more time to fix the actual problem. Also, keep copies of EVERYTHING - your response letters, certified mail receipts, the amended return, etc. This paper trail is super important if there are any questions later on.
Would it be better to fax the response to the IRS rather than mailing it? I've heard mail can take forever for them to process and faxing might be faster for time-sensitive stuff like this.
Faxing can be faster for the initial response if you're up against the deadline. The IRS does accept faxed responses to CP2000 notices, and it provides immediate transmission. Just be sure to keep the fax confirmation page as proof of timely response. For the amended return itself, you'll still need to mail that through regular channels. But for the initial "I received your notice and I'm working on it" response, faxing can save you some time. Either way, make sure you're sending everything to the correct department and including all reference numbers from the CP2000 notice on your correspondence.
One thing no one's mentioned - your parents might qualify for Innocent Spouse Relief if your mom wasn't aware her W2 wasn't included. Especially if your dad handles the finances and there was a language barrier issue. Form 8857 could potentially help your mom avoid liability for the underpayment. Otherwise, you'll definitely need to file that 1040-X amended return. But don't pay the full amount on the CP2000 notice right away, because it might be calculating penalties that could be reduced or removed once you explain the situation.
Innocent Spouse Relief probably won't apply here since it's just a case of forgotten income, not deliberate underreporting or fraud. It's more for situations where one spouse hid income or claimed fraudulent deductions without the other spouse's knowledge. This sounds like an honest mistake that both spouses would be responsible for correcting.
One thing nobody's mentioned - you could potentially request an abatement of penalties (but not the actual tax or interest) using Form 843, especially if this is your first time making this kind of mistake. The IRS sometimes grants "first-time abatement" for penalties if you have a clean compliance history for the previous 3 years. Won't help with the full amount, but could save you some money on the penalties portion of what you owe.
Thanks for this info! Do I need to wait until I've paid everything off before requesting the penalty abatement? And is there a specific timeframe I need to submit the form within?
You don't need to wait until everything is paid off to request penalty abatement. You can submit Form 843 after the penalties have been assessed, which typically happens after you file your return. There's generally a 3-year timeframe for requesting abatement, starting from when you filed the return or paid the tax, whichever is later. So you have some time, but I wouldn't procrastinate. It's usually best to set up your payment plan first and then submit the abatement request afterward.
From one exempt-checker to another... defintely adjust your withholding AGAIN. $3,100 monthly is way too much even if you owed $14k last year. Your basically giving IRS free money all year. Use the IRS withholding calculator online, its actually pretty good for figuring out the right amount.
Alexander Zeus
Don't panic! I was in your exact situation last year (hadn't filed for even longer - 4 years). Start with the most recent year and work backwards. For all my unfiled years, I ended up getting refunds, so no penalties applied. One important tip: if you have any 1099 income or did any gig work during those years, make sure you track that down too. Those were the hardest documents for me to find.
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Ava Kim
ā¢Thanks so much for this! Did you end up using a tax professional or just tax software to file all the back taxes? I'm trying to figure out the most cost-effective approach since I'll be filing 4 years at once.
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Alexander Zeus
ā¢I used tax software for all of them. I bought the previous year versions (most of the major companies sell them) and did one return at a time. It was pretty straightforward since I mostly had W-2 income. For the oldest year, I had some 1099 work that made things a bit more complicated, so I paid a bit extra for the deluxe version that year. Still came out way cheaper than hiring a professional for all four years.
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Alicia Stern
Quick PSA for anyone in this situation: don't forget about state taxes! When I caught up on my federal returns, I completely spaced on filing the state ones too. Had to go back and do those separately. Each state has their own rules about penalties and interest too.
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Gabriel Graham
ā¢That's a good point. And if you moved between states during these unfiled years, you might need to file part-year resident returns for multiple states which gets complicated fast.
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