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For anyone looking to file prior year returns, make sure you're using the correct forms for that specific tax year! The IRS changes forms slightly every year, and you MUST use the forms for the specific tax year you're filing. You can find prior year forms on the IRS website: https://www.irs.gov/forms-pubs/prior-year Also, remember that you CANNOT e-file prior year returns. You must print them out and mail them in. Make sure to send them to the correct IRS address for prior year returns (it's different from the regular address), and I strongly recommend sending them certified mail so you have proof of when they were delivered.
Is there a deadline for the IRS to process prior year returns and issue refunds? I filed my 2021 return about 2 months ago and haven't heard anything.
The IRS doesn't have a specific deadline for processing prior year returns, but they typically take longer than current year returns. Prior year returns are usually processed manually rather than through their automated systems, which adds to the processing time. Generally, you can expect a processing time of 6-12 weeks for paper returns, but for prior year returns, it can sometimes take 16 weeks or more. If it's been more than 16 weeks since you submitted your return, you can call the IRS or use their "Where's My Refund" tool, though that tool sometimes doesn't work well for prior year returns.
Just a heads up, the child tax credit amount for 2021 was different depending on the child's age. For kids under 6 (which would be your case since baby was born in 2020), it was up to $3,600. For kids 6-17, it was up to $3,000. But remember, the amount you get phases out based on your income. For 2021, the phase-out started at $75,000 for single filers and $150,000 for married filing jointly. Also, some people received advance payments of the credit during 2021. If you did get any of those monthly payments, you'd need to subtract that from the total credit amount when you file.
Actually I think there was a separate phaseout for the additional amount over $2,000. The original $2,000 CTC didn't start phasing out until $200k single/$400k married.
You're absolutely right, thanks for that correction! The 2021 Child Tax Credit had two different phase-out thresholds: The enhanced portion (the extra $1,600 for kids under 6 or $1,000 for kids 6-17) started phasing out at $75,000 for single filers and $150,000 for married filing jointly. The base $2,000 credit didn't start phasing out until $200,000 for single filers and $400,000 for married filing jointly. This was one of the more confusing aspects of the 2021 tax changes. Thanks for pointing that out!
One thing I haven't seen mentioned yet - if your client is REALLY struggling financially, you might want to look into Currently Not Collectible (CNC) status before trying an OIC. If they genuinely can't afford to pay anything, the IRS might put their account into CNC status temporarily, which pauses collection activities. Interest and penalties still accrue, but it gives them breathing room to improve their financial situation. Then they could move to a payment plan or OIC later when they're more stable.
I've heard about CNC status but wasn't sure if it would apply in this case. Would the IRS consider CNC even if my client has consistent income? Their issue is more that the total amount is overwhelming rather than having no income at all.
CNC status is based on ability to pay after necessary living expenses, not just on having income. If your client's income is being consumed by reasonable living expenses with nothing left over, they could still qualify. The IRS uses their Collection Financial Standards to determine what counts as necessary expenses. Have your client document all their actual expenses - housing, utilities, food, healthcare, transportation, etc. If these legitimate expenses leave little to nothing for tax payments, they have a case for CNC status even with steady income. The IRS would rather put someone in CNC temporarily than force them into a payment plan they can't maintain.
Has anyone mentioned the 10-year statute of limitations? The IRS generally has 10 years from the date of assessment to collect taxes. So if your client is truly in dire financial straits and qualifies for Currently Not Collectible status as another commenter mentioned, some of that debt might eventually "age out" if they remain in hardship for years. Obviously this isn't a primary strategy to recommend, but it's something to be aware of when looking at the total picture.
Be careful with this advice! The 10-year clock doesn't start until the tax is assessed, which can't happen until the return is filed. For unfiled returns, the clock hasn't even started ticking yet. Plus, certain actions can extend that 10-year period, like requesting an installment agreement or filing bankruptcy.
One strategy you're missing - consider a Charitable Remainder Trust if the profit share is substantial. You can contribute appreciated assets to the trust, get an immediate partial tax deduction, then receive income from the trust for years while deferring capital gains. Eventually what's left goes to charity. Also look into opportunity zone investments for deferring and potentially reducing capital gains. The tax benefits have decreased from when they first started but might still be worth exploring depending on your timeline.
The charitable remainder trust is interesting but wouldn't work in my case since I don't own the asset - it's just a profit share agreement that pays out when the company sells. Could opportunity zone investments still work after I receive the payout? How quickly would I need to invest in one after getting the profit share payment?
You're right about the CRT - it only works for assets you currently own, not future payments you'll receive. Sorry I missed that detail. For opportunity zone investments, you generally have 180 days from realizing the capital gain to reinvest into a qualified opportunity fund. So you could potentially use this strategy after receiving your profit share payout. The deferral benefits aren't as strong as they were initially, but you can still defer the tax until 2026 and potentially reduce your taxable gain by 10% if you hold the investment long enough.
Have you considered using installment sales for your investments? If you buy assets now and sell them around when your profit share hits, you could potentially structure those sales as installment sales to spread the gains/losses over multiple tax years. This gives you more flexibility to match losses against your profit share gain. Also, don't overlook state tax implications. Depending on your state, you might want to consider establishing residency in a lower-tax or no-income-tax state before your profit share pays out. Obviously this is a major life decision but could save significant money if we're talking about a large payout.
Installment sales are complicated though right? I tried to do one last year and my tax software couldn't handle it - ended up needing to pay an accountant extra to file correctly.
I've been using a structure with a holding LLC (not C Corp) that owns several property LLCs for about 5 years now. Here's what I've learned: 1) Talk to a real estate tax specialist, not just a general CPA 2) The holding company approach simplifies banking and reporting a lot 3) C Corps rarely make sense for rental real estate due to double taxation and loss of preferential capital gains rates 4) Annual compliance costs increase with each entity, so factor that in 5) Some states have entity taxes or fees that make multiple LLCs expensive (looking at you, California) The biggest advantage I've found is simplified management while maintaining good liability segregation between properties.
Thanks for sharing your experience! So with your holding LLC structure, do you just file one partnership return for the holding LLC, or do you still need to file for each property LLC as well? I'm trying to understand the administrative burden.
With my structure, I only file one partnership return (Form 1065) for the holding LLC. The individual property LLCs are treated as "disregarded entities" for federal tax purposes since they're single-member LLCs owned by the holding LLC. This significantly reduces tax preparation costs and paperwork. You'll still need to maintain separate books for each property for good management practices, but the tax filing burden is much lighter. Note that state requirements vary - some states may require separate filings or have annual fees for each LLC regardless of tax status. In my case, the administrative simplification at the federal level has been a big advantage.
Has anyone considered the implications of qualified business income (QBI) deduction (Section 199A) with these different structures? I'm currently trying to make sure whatever entity structure I choose maximizes my potential QBI deduction for my rental properties.
That's a really important consideration. For real estate investors, the QBI deduction can offer up to a 20% deduction on qualified business income. With pass-through entities (LLCs taxed as partnerships, S Corps, or disregarded entities), you generally preserve your ability to claim this deduction. C Corps aren't eligible for the QBI deduction, which is another reason they're often not ideal for real estate holdings. Also, if your income is above certain thresholds, having your properties in the right structure becomes even more important to maximize QBI benefits.
Keisha Johnson
For next year, you might want to adjust your W-4 to account for your freelance income. You can request additional withholding from your regular job to cover the taxes on your freelance work. Just figure out roughly what percentage you'll owe (about 25-30% is a safe estimate) and divide that across your paychecks for the year. This way you won't get surprised by a low refund next year!
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Sofia Torres
โขHow exactly do I calculate the right amount of extra withholding to put on my W-4? Is there a formula or calculator you'd recommend?
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Keisha Johnson
โขA simple approach is to take your expected freelance income for the year and multiply it by 30% (which covers both income tax and self-employment tax for most people). Then divide that amount by the number of pay periods you have at your regular job. For example, if you expect to make $5,000 in freelance income and get paid bi-weekly (26 pay periods), you would calculate: $5,000 ร 0.30 = $1,500 in estimated taxes รท 26 pay periods = about $58 extra withholding per paycheck. You'd put that amount on line 4(c) of your W-4 form. The IRS also has a tax withholding estimator on their website that's more precise if you want to get it exactly right.
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Paolo Longo
You should look into making estimated quarterly tax payments for your freelance income. It's actually required if you'll owe more than $1000 in taxes from income that doesn't have withholding. The due dates are April 15, June 15, September 15, and January 15 (of the following year). This way you won't have a surprise at tax time AND you avoid potential underpayment penalties. The IRS Form 1040-ES helps you calculate how much to pay each quarter.
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CosmicCowboy
โขI've been doing freelance work for years and never made quarterly payments (don't tell the IRS lol). Never had any penalties. Is it really that important?
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