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Something important nobody's mentioned yet - if you've filed for bankruptcy, there's a waiting period before the IRS will consider an Offer in Compromise. I think it's around 12 months after your bankruptcy is discharged, but double-check that. Also, before approaching the IRS, make sure ALL your tax returns are filed, even if you can't pay what you owe. The Fresh Start Program won't even be an option if you have unfiled returns. They'll just tell you to file first before discussing any payment options.
That's really good to know - my bankruptcy was discharged about 14 months ago, so sounds like I should be past that waiting period. I do have one tax return I haven't filed yet because I knew I'd owe and couldn't pay. Should I get that filed ASAP before contacting them about the Fresh Start options?
Yes, absolutely file that outstanding return immediately. The IRS won't even discuss resolution options until you're in compliance with all filing requirements. Even if you can't pay what you owe, getting the return filed is the necessary first step. Think of it this way - the IRS sees unfiled returns as someone trying to hide or avoid their obligations entirely, while someone who files but can't pay is at least being transparent about their situation. Once you've filed everything, then you can approach them about payment options through the Fresh Start program with a much better chance of success.
One thing to consider with the Fresh Start Program - if you go the Offer in Compromise route, they'll want to see that you've exhausted other options first. Like getting a loan from family, using available credit, or selling assets. I made the mistake of submitting an OIC without thoroughly documenting why I couldn't pay through other means. Got rejected and had to restart the whole process. Make sure you can clearly demonstrate financial hardship.
Don't forget to look into the Earned Income Tax Credit too! If your income is under certain limits and you qualify as Head of Household with dependents, the EITC can be substantial. The phase-out thresholds for 2025 are much higher than people realize. Also, if you're paying for any educational expenses for your brother, look into the American Opportunity Credit (if he's in college) or Lifetime Learning Credit. Education credits can be worth up to $2,500 in some cases.
Thank you! My income is around $48,000 - would I still qualify for EITC? And my brother is still in high school, but I am paying for some tutoring services. Would those count as educational expenses?
With $48,000 income and two dependents, you should still qualify for some EITC, though not the maximum amount. The phase-out for Head of Household with two qualifying dependents starts higher than your income, but you'll get a partial credit. Every bit helps! For educational expenses, unfortunately tutoring for high school generally doesn't qualify for the education credits. Those are primarily for post-secondary education (college, vocational schools, etc.). However, if the tutoring is related to a medical condition and prescribed by a doctor, you might be able to count it as a medical expense instead.
One thing I didn't see mentioned - if your mom gets approved for disability, be sure to check if she's eligible for Medicare. There's a specific timing when Medicare eligibility kicks in after SSDI approval (usually after 24 months of receiving benefits). This can affect your tax situation too since you might be paying for less medical expenses directly.
Make sure you also check if you received any forms related to HCTC eligibility that might have been automatically reported to the IRS! My husband got a similar notice because his former employer sent him a PBGC (Pension Benefit Guaranty Corporation) statement that triggered HCTC eligibility flags in the IRS system, even though we never claimed the credit.
Yes! This happened to me too with PBGC forms. The IRS computer systems automatically flag accounts when they receive certain forms, even if you don't claim the associated credits.
Always respond to IRS notices!! Even if you think it's a mistake or doesn't apply to you. I ignored a similar notice once thinking it would be cleared up automatically and ended up with penalties and interest before I finally resolved it.
14 Going back to the original question about hobby vs self-employed income, one thing nobody's mentioned is the self-employment tax. If you file as self-employed, you'll pay an additional 15.3% tax on your net profit for Social Security and Medicare. For hobby income, you don't pay this tax. With your small amount of income, the self-employment tax might actually cost you more than what you save from deducting the developer fee. Run the numbers both ways before deciding.
1 I hadn't even considered the self-employment tax! That's a really good point. If I go the self-employed route, I'd be paying 15.3% on the profit after expenses. But if I go the hobby route, I'd pay regular income tax on the full $160 without being able to deduct the $125 developer fee. Let me see... If I file as self-employed, my profit would be $160 - $125 = $35, and I'd pay 15.3% on that plus my regular income tax rate. If I file as a hobby, I'd pay just my regular income tax on the full $160. Hmm, this actually makes the hobby route seem better financially in my case. I need to calculate this more precisely. Thanks for pointing this out!
14 You're welcome! That's exactly the kind of calculation you should be doing. Just to add one more thing: remember that with self-employment, you can deduct half of the self-employment tax from your income. That helps a little. Also, if you think your app income might grow in the future, establishing it as a business now could be beneficial long-term, especially for building retirement savings through a SEP IRA or solo 401(k) once the income justifies it. Just something to keep in mind if you see potential for this to grow beyond covering just the developer fee.
7 Has anyone used TurboTax for this kind of situation? I have a similar issue with small YouTube ad revenue, and I'm wondering if TurboTax handles this well or if I should use something else.
19 I used TurboTax for my Etsy shop income last year (about $500). It handled both options fine, but I found the questions for the Schedule C to be easier to follow than trying to figure out where to put hobby income. They walk you through the business vs. hobby test and help you choose which approach makes sense.
Marcus Marsh
Just an FYI - when entering multiple 1099-Rs in TurboTax, make sure you enter them one at a time completely. Don't try to combine them, even if they're from the same financial institution. Each form needs to be entered separately because they'll have different distribution codes, different withholding amounts, and possibly different exception qualifications. Also, check if you qualify for the "medical insurance premiums for unemployed individuals" exception to the 10% penalty. Since you mentioned being unemployed and paying for insurance, you might qualify for this exception on at least part of your distributions.
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Anna Kerber
ā¢Thanks for the tip about entering them separately! Do you know if TurboTax will automatically ask me about the medical insurance exception, or do I need to look for that specifically somewhere?
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Marcus Marsh
ā¢TurboTax should ask you about exceptions after you enter each 1099-R form. When it asks about the distribution code (Box 7), it will then follow up with questions about your situation. If you indicate you were unemployed, it should specifically ask if you used any of the money for health insurance premiums. If it doesn't automatically prompt you, look for a section called "Exceptions to Tax Penalties" or something similar after entering your 1099-R information. Make sure you have documentation of your insurance premium payments during your unemployment period, as you'll need this if you're audited.
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Hailey O'Leary
Has anyone used TurboTax's live expert feature for this kind of situation? I'm wondering if it's worth paying extra to have a tax expert review this.
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Cedric Chung
ā¢I used it last year for a similar retirement withdrawal situation. The expert was helpful in confirming I qualified for an exception to the penalty since I was using the money for health insurance during unemployment. For complex situations like multiple 1099-Rs with no W-2s, I'd say it's worth the extra cost for the peace of mind.
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