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Just want to add something as someone who used to work for a state revenue department (not saying which one lol). States absolutely DO cross-reference business registrations with tax filings. If you have an active business license but aren't filing the corresponding tax returns, that automatically generates a flag in most systems. Also, if you're in a state with sales tax instead of income tax, they often look at industry averages. So if most businesses in your field report about 30% of revenue as taxable sales but you're only reporting 10%, that would likely trigger a review. Your competitor is playing a dangerous game - when (not if) he gets caught, they'll go back several years and the penalties can be brutal.
So exactly how far back can states go to collect back taxes? Is there like a statute of limitations or can they just go back forever if they catch someone who hasn't been filing?
Most states have a statute of limitations of 3-7 years for ordinary tax assessment, but here's the catch: those time limits typically only start AFTER a return is filed. If someone never files at all, many states consider that an open window with no time limit. I've personally seen cases where the state went back 10+ years for non-filers. And the really painful part is that penalties and interest compound over time, so a relatively small original tax liability can grow into an enormous debt. I've seen $5,000 in original tax liability balloon to over $20,000 with penalties and interest when someone didn't file for several years.
I wondered this same thing when I started my Etsy shop in Tennessee (no income tax). I thought I was flying under the radar until I got a scary letter saying I hadn't filed my business personal property tax returns. Apparently someone from the state saw my Etsy shop, which lists my location, and cross-referenced it with their business tax database. I had to hire a tax pro to help me file back returns and negotiate the penalties down. Cost me almost $2,000 when the original taxes would have been like $300. Tell your friend to get compliant ASAP! Most states have voluntary disclosure programs where if you come forward before they catch you, they'll waive some penalties.
Just to add some insight as someone who's been through this - Form 6765 is where you'll find evidence of R&D credits being claimed, but if you want to check if your activities qualify, the IRS uses a "four-part test": 1. Permitted Purpose: Developing new or improved functionality, performance, reliability, or quality 2. Technological Uncertainty: Uncertainty about capability, method, or design 3. Process of Experimentation: Systematic evaluation of alternatives 4. Technological in Nature: Based on physical sciences, engineering, computer science, etc. For architecture, things like developing new building systems, environmental control methods, or unique structural solutions often qualify. Just designing pretty buildings doesn't count!
This is exactly what I was looking for, thank you! I've checked our returns and there's no Form 6765 included anywhere, so I guess we're not claiming these credits. Based on that 4-part test, I'm pretty sure at least some of our projects would qualify. We do a lot of work on complex structures with unique sustainability challenges that require significant testing and prototyping. Do you know if there are downsides to claiming these credits? Like does it increase audit risk or anything like that?
There is a slightly increased audit risk since R&D credits are scrutinized more carefully than some other deductions, but it's manageable with proper documentation. The key is to maintain thorough records of your qualifying activities - project plans, design iterations, testing results, emails discussing technical challenges, etc. The potential benefits usually far outweigh the risks. If you're confident your activities meet the four-part test and you have documentation to support it, don't let audit concerns prevent you from claiming legitimate credits. Just make sure you're working with someone experienced in R&D credits for architectural firms specifically, as they can help structure your documentation properly.
My architecture firm has been claiming these for years. The secret is proper documentation during projects! Start tracking time spent on innovative problem-solving activities NOW, even before you talk to your CPA. We had our team leads fill out simple weekly logs noting any time spent on "technical uncertainty resolution" and it made claiming the credits so much easier.
What software do you use to track this? We're a small engineering firm and our time tracking is pretty basic right now.
Another tip - make sure to keep extremely detailed records of your attempts to get your employer to correct the W-2. The IRS might ask for this information. Each time you contact your employer, document: - Date and time - Who you spoke with (name and position) - What was discussed - Their response - Any follow-up promised If you're emailing, save all communications. If you're calling, take detailed notes. This documentation shows you made a good faith effort to resolve the issue before filing Form 4852.
Thanks for this advice. I have been keeping emails, but I hadn't thought to document the phone calls with this level of detail. Do I need to submit this documentation with my tax return or just keep it in case of questions later?
You don't need to submit the documentation with your tax return unless you're filing by mail and want to include it as supporting evidence. But definitely keep it in your records for at least 3 years (the standard IRS lookback period for audits). If the IRS does question the discrepancy between your Form 4852 and what your employer reported, having this documentation ready shows you weren't trying to misrepresent anything - you were actively trying to get the correct information but had to file with what you knew was accurate. It demonstrates good faith on your part.
One thing to consider - how big is the discrepancy in box 10 and 12? If it's relatively small, you might want to weigh whether it's worth the extra scrutiny that filing Form 4852 might bring.
That's terrible advice. You should NEVER file knowingly incorrect tax information, regardless of the amount. That's literally asking for problems down the road.
I wasn't suggesting filing incorrect information! I was suggesting evaluating whether the correction is material enough to warrant the extra steps. For example, if box 12 is off by $5 due to a rounding error, that's very different than if it's off by $5,000. The IRS itself has de minimis rules for certain reporting requirements. I'm not saying to ignore significant errors, just to consider whether the particular error materially affects tax liability before going through the Form 4852 process.
Lol I don't think TurboTax is doing anything weird, it's just that taxes are complicated af. I worked at a tax prep place for 2 tax seasons and returns for people with nearly identical situations would end up looking totally different based on tiny details. Like one W-2 employee with a kid might get EIC and need all those worksheets, while another W-2 employee with a kid who makes $1000 more doesn't qualify for EIC and gets a much simpler return. The software is just following tax law, which is stupidly complicated.
Is there any way to tell TurboTax to be more consistent? Like maybe a setting to always include explanations or something? I'm preparing returns for multiple family members and it would be easier to explain if they all had similar structures.
Nah, not really. The tax software has to include certain forms based on specific tax situations - there's no override for that. The IRS expects specific forms for specific situations, and the software complies with those requirements. For the explanation worksheets, those are typically included based on automated triggers within the software. TurboTax might include more detailed explanations when amounts are close to thresholds or when there are multiple factors affecting a calculation.
Curious if anyone has noticed a difference between the desktop and online versions of TurboTax? My brother and I have almost identical tax situations (similar W-2 income, both claim one child, both have mortgage interest) but his online version created a much more compact return than my desktop version which had like 10 extra pages.
Yes! The desktop version tends to include more supplementary worksheets and explanations. I've used both and the desktop version consistently produces longer returns with more supporting documentation. I think it's actually a feature of the desktop version since it's marketed more toward complex situations.
Tyler Murphy
Just want to add from personal experience - I was in this exact situation after my husband passed. My 28-year-old daughter lived with me, had her own job and filed her taxes, but I still qualified for QSS status because: 1. I was eligible to file a joint return with my husband for the year he died 2. I didn't remarry before the end of the tax year 3. I maintained a household for my daughter (a qualifying person) 4. I provided more than half the cost of maintaining that household The confusion comes because people mix up "qualifying person" with "dependent." For QSS, you need a qualifying person, which has different rules than claiming a dependent! Hope this helps you and your mom!
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Sara Unger
ā¢Does this mean any child (regardless of age) can be a qualifying person for QSS as long as they live with you and you provide more than half their support? What about the gross income test that applies to dependents?
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Tyler Murphy
ā¢That's exactly right - for QSS purposes, a qualifying child can be any age as long as they're your child (including stepchild or adopted child), they lived with you for more than half the year, and you provided more than half their support. The gross income test that applies to dependents doesn't apply to the qualifying person test for QSS status. This is a key difference that causes confusion. Your adult child can have unlimited income and still be your qualifying person for QSS purposes, even if you can't claim them as a dependent because of their income.
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Butch Sledgehammer
I made a huge mistake last year after my wife passed. I filed as Single when I should have used QSS. My son (26) lives with me but I thought since he works full-time and filed his own taxes I couldn't use QSS. cost me almost $4,000 in extra taxes!!! Can I file an amended return to change my filing status from last year??
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Freya Ross
ā¢Absolutely! File Form 1040-X to amend your previous return. You generally have 3 years from the date you filed your original return (or 2 years from when you paid the tax, whichever is later) to file an amendment. Definitely worth doing for $4K!
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