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Just a heads up from someone who went through this last year - back taxes have to be mailed in paper form! I tried to e-file my 2021 and 2022 returns through TurboTax in January and kept getting errors. Turns out once the e-file deadline has passed for a tax year, you can only submit paper returns. Also, send them via certified mail so you have proof the IRS received them! I learned this the hard way when one of my returns got "lost" and I had no way to prove I had sent it.
How long did it take to get your refund after mailing in the paper returns? And did you mail them all together or separately?
It took about 12 weeks to get my refund after mailing in the paper returns. That's much longer than the typical 21 days for e-filing, but expected for paper returns. The IRS is still working through backlogs. I mailed each tax year in separate envelopes to different processing centers. The IRS has different mailing addresses depending on your state and the tax year, so definitely check the IRS website for the correct address for each return. Don't bundle them together - each year needs to go to the specific processing center for that tax year.
Don't forget that if you're owed a refund, you only have 3 years to claim it! So for your 2021 taxes, you'd need to file by April 15, 2025 or you lose that refund forever. If you OWE money instead, there's no time limit for the IRS to collect, but penalties and interest keep accruing the longer you wait to file. I back filed 4 years of taxes in 2023 and the process wasn't as bad as I expected!
What software did you use for your back filing? I'm trying to figure out the most affordable option since I have to do multiple years.
I may be missing something here, but I think another option might be to look at the regular home office deduction rather than the Augusta Rule. If you're using a space exclusively and regularly for business storage, you can deduct that percentage of your home expenses (mortgage interest, utilities, etc.). For example, if the storage area is 10% of your home's square footage, you can deduct 10% of those expenses. This might actually be more beneficial than trying to charge your business a "rental fee" under Section 280A(g).
Thanks for this perspective! One question though - does the storage area need to be COMPLETELY exclusive to inventory? Like, I keep most of my supplies in plastic bins that are stacked against one wall of the spare bedroom. The room is maybe 200 sq ft total, but the storage probably only takes up about 40 sq ft. Can I deduct just that portion?
The general rule is that the space needs to be used exclusively for business, but there's a special exception for inventory storage. If you're selling products as your business (which you are), and your home is the only fixed location of that business, you can deduct the space used for inventory storage even if it's part of a room. In your specific case, you could potentially deduct the 40 sq ft used for storage, not the entire 200 sq ft room. You'd calculate what percentage that 40 sq ft is of your entire home's square footage. So if your home is 2,000 sq ft total, you'd be deducting 2% (40 รท 2,000) of your eligible home expenses.
The confusion here seems to be mixing up two different tax concepts. The Augusta Rule (280A(g)) lets you rent your WHOLE home to your business for up to 14 days tax-free. This is great for business meetings, photo shoots, training events, etc. For ONGOING storage, you want the home office deduction specifically for inventory storage (different part of tax code). You can claim the actual space used even if the room isn't exclusively for business. I made this mistake and got flagged for audit! Don't try to use the Augusta Rule for year-round storage - it won't fly with the IRS.
Can you do both in the same year though? Like use regular home office deduction for the storage space, but also use Augusta Rule to rent your living room to your business for a few days for meetings?
Just to add some practical advice to this thread - make sure you're using the right forms for your situation. You'll need Schedule C for the business losses, Form 4684 for casualty losses, and Form 5329 for the early distribution from your retirement account. Also, consider if you had this organized as a sole proprietorship or if you set up an LLC/corporation, as that affects how you'll report everything.
Would it be better to file as a Schedule C business loss or just take the casualty loss directly? Does it make a difference tax-wise? I'm in a sorta similar situation with my small side business.
You'll definitely want to file Schedule C to report all your business income and expenses, including the equipment that was destroyed. The casualty loss is reported on Form 4684, but since these were business assets, the loss ultimately flows to your Schedule C. Filing the business loss on Schedule C is generally more advantageous than taking a personal casualty loss because personal casualty losses are highly restricted under current tax law (only federally declared disasters qualify). Business casualty losses don't have these same limitations and can offset your other income.
Has anyone dealt with a similar situation where the business never actually generated any income before the disaster? I've heard the IRS might consider it a hobby rather than a business if you never made any money. Would that change how these losses can be deducted?
The key difference between a hobby and a business isn't whether you made money yet, but whether you had a reasonable expectation of making a profit and were operating it in a businesslike manner. Plenty of legitimate businesses have losses in their first year or even several years.
Something everyone's missing - you should check if you can get your wage info from the Social Security Administration! They get wage reports from employers throughout the year. Create an account at ssa.gov and look at your earnings record. You might be able to see what was reported for last year. Also, if you know roughly what you made and what was withheld (from paystubs or bank deposits), you can estimate. The IRS is generally understanding in situations like this where the employer failed you. Document EVERYTHING though, especially your attempts to get the W-2.
Thank you so much for this suggestion! I didn't know the SSA would have that information. Do they show the tax withholding amounts too or just the total income? And how quickly does that information get updated?
The SSA only shows your total earnings, not the withholding amounts. So it will help confirm your income, but you'll still need to estimate your federal and state tax withholding from the pay stubs you have. It typically gets updated a few months after the end of each quarter, so there might be some lag. But it's a good way to verify your total earnings when you don't have complete records. Even partial confirmation is better than nothing when you're filing a substitute W-2 form.
can't u just get the transcript from irs directly? go to irs.gov and make an account and request ur wage & income transcript. it has all the info from w2 and most 1099s submitted under ur SSN. i've used this before when my employer messed up.
This is definitely an option, but there can be a significant delay. W-2s aren't required to be filed with the IRS until January 31st, and then it takes time for them to be processed and appear in your transcript. If the company closed and never filed them at all (which sounds possible in OP's case), they won't show up at all.
Levi Parker
I completed a voluntary disclosure in Pennsylvania last year. I did it myself without a CPA or lawyer, but I'm not sure I'd recommend that approach to everyone. The process took about 4 months from start to finish. They required me to provide: - Explanation letter detailing why I hadn't filed previously - Completed tax returns for the lookback period (3 years) - Profit and loss statements for my business - Calculation worksheet showing how I determined the tax, interest, and penalties I didn't send a check with my initial application - that came later after we agreed on the final amount. The state actually adjusted my calculations slightly before accepting my offer.
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Libby Hassan
โขDid you do the anonymous inquiry first or did you just identify yourself from the beginning? I'm worried about revealing my info if they might reject me.
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Levi Parker
โขI went straight to identifying myself, which was probably my biggest mistake. If I could do it over, I would have either used a representative for an anonymous inquiry or at least called anonymously to discuss my situation before revealing my identity. The state was reasonable in my case, but I've heard stories where the disclosure was rejected and then the taxpayer was fully exposed. So approaching it anonymously first is definitely the safer route if you have any concerns about eligibility.
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Hunter Hampton
Just wanted to add that the state actually matters A LOT for voluntary disclosure programs. California's is totally different from like Texas or Florida. What state are you dealing with? That would help us give more specific advice.
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KingKongZilla
โขSorry for not mentioning it! I'm dealing with Illinois. Anyone have experience with their program specifically?
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Sofia Peรฑa
โขIllinois has a pretty straightforward VDA program compared to some states. I went through it about 2 years ago. They required 4 years of back filings, and they were pretty reasonable about accepting my calculations as long as I showed my methodology. The key with Illinois is to be extremely clear about why you failed to file previously - they want to see that it wasn't intentional tax avoidance. They also responded much more quickly than I expected - the whole process took about 10 weeks from submission to acceptance.
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