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So I completely dropped the ball last year and never got around to filing my 2022 taxes. It wasn't intentional - I just kept putting it off and then life got crazy with a cross-country move and changing jobs. Now it's 2023 filing season and I'm trying to get back on track. I already did my 2023 taxes and I'm supposed to get a decent refund (around $2,100). But now I'm worried - will the IRS hold my 2023 refund because I still haven't filed for 2022? Or can I still get my refund while I work on getting my 2022 return completed? I don't owe for 2022 - I should actually get a small refund for that year too, but I'm more concerned about getting my 2023 money. Has anyone been in this situation before? Do I need to file my 2022 return before they'll process my 2023 refund? I really need that refund money for some car repairs that can't wait much longer.
So our family has owned this investment property through a Limited Partnership (LP) for about 15 years now. My wife and I are currently the only partners in the LP, but now that our kids are getting older (20s), we're trying to figure out the most tax-efficient way to bring them into the investment. We've been paying property taxes and managing it all these years, and now it's appreciated significantly. I'm trying to understand the best approach from a tax perspective and hoping someone with experience can help me navigate these options: 1. Should our kids buy a portion of the LP? If so, should it be for a nominal amount like $1, or some discounted but somewhat realistic market value? If we sold the property within a year of them buying in, would their portion still qualify for long-term capital gains since the LP has owned it for 15+ years? 2. Would it make more sense to gift them an LP interest? Again, same question about the long-term capital gains treatment if we sell shortly after. 3. Or should we just sell the property outright, pay the long-term capital gains tax ourselves, and then gift some of the after-tax proceeds to the kids? Are there other options I'm not considering that might be more tax advantageous? The property is worth around $825,000 now and we've already got some interested buyers, so timing is becoming important. Thanks for any advice you can offer!
Don't forget the step transaction doctrine! If you transfer LP interests to your kids and then sell the property shortly after, the IRS might collapse the transactions and treat it as if you sold the property first and then gifted the proceeds. There's no bright-line rule for how long you need to wait between transactions, but typically the longer the better. If possible, wait at least a year between transferring interests and selling the property to strengthen your position that these were separate, independent business decisions. Also, make sure any discounted valuations for LP interests are properly documented with a qualified appraisal. The IRS loves to challenge family LP discounts as being excessive.
Can you explain more about this step transaction thing? If the kids become legitimate partners with economic risk, why would the timing matter? Seems like as long as they're real partners with real rights the IRS shouldn't be able to collapse anything?
The step transaction doctrine is an IRS principle that looks at the substance over the form of a series of related transactions. Even if each step is technically legal, if the IRS determines they were pre-planned steps to achieve a tax result that wouldn't be available if done directly, they can collapse them into a single transaction. For family LP transfers specifically, if you gift LP interests to your kids and then the partnership sells the property shortly after, it can appear that the only purpose of bringing them in was to split the capital gain among more taxpayers. This is especially true if there were discussions about selling before the transfer of interests. The key is establishing that each partner has legitimate economic risk and that the transfer of interests had independent business purpose beyond just tax savings. Documentation of meetings, legitimate business reasons for the transfers, and allowing time between transactions all help demonstrate these weren't just predetermined steps in a tax avoidance scheme.
Anyone have experience using a Charitable Remainder Trust (CRT) in this scenario? I've heard you can transfer the property to a CRT, take an immediate partial tax deduction, receive income for life, and then leave what remains to charity while avoiding capital gains taxes on the appreciation. Could be another option if you're charitably inclined and want income rather than a lump sum. Don't know if it works with property held in an LP though.
Yes, a CRT can work with property held in an LP, but it gets complicated. The LP would typically distribute the property to the partners first, then the partners would contribute their interests to the CRT. The main benefit is you avoid immediate capital gains tax on the appreciation when the property is sold inside the CRT.
So I just found out I'm eligible for a tax refund but I don't have a SSN. I need to get an ITIN (Individual Taxpayer Identification Number) to claim my refund. The thing is, I'm not sure if I can apply for the ITIN myself or if I need to pay some tax agent to do this whole process for me? I'm trying to save money if possible, but I'm also worried about messing something up since this seems pretty important. Has anyone gone through this ITIN application process before? What's the best way to go about it?
Just to add another option - I used a Volunteer Income Tax Assistance (VITA) program in my area to help with my ITIN application. They're free and have certified volunteers who can help prepare your tax return and ITIN application. They were authorized to certify my documents so I didn't need to mail my original passport. Google "VITA site near me" to see if there's one in your area.
That sounds like a good option! How did you find them and was there a long wait time to get an appointment? I'm wondering if they're available year-round or just during tax season?
I found my local VITA site by using the IRS's locator tool on their website - just search "VITA locator IRS" and it should come up. The wait time varies depending on the time of year. During tax season (January-April), it can be 1-2 weeks for an appointment, but they often have walk-in hours too. Most VITA sites are only open during tax season, typically January through April 15th, with some sites remaining open until October for extension filers. A few larger sites in major cities operate year-round, but they're the exception. If you're outside tax season, you might want to call ahead to check if any sites in your area are still operating.
Has anyone tried going through a Certified Acceptance Agent instead of dealing directly with the IRS? I heard they can verify your original documents on the spot so you don't have to mail anything, but I'm not sure if they charge a lot for this service.
I used a Certified Acceptance Agent last year and it was worth every penny. Paid $150 but they handled everything - verified my documents, made sure my W-7 was filled out correctly, and submitted everything together with my tax return. Got my ITIN in about 6 weeks with zero hassle. Just make sure you find one that's actually IRS-authorized! You can check on the IRS website for legitimate CAAs.
I'm pretty confused about how tax credits work, especially the EV tax credit. I'm thinking about buying an electric car but I really don't understand how the 7.5k credit would affect my taxes. Let me try to explain what I'm confused about with some examples: If I file my taxes and I'm supposed to get a $5,000 refund, what happens if I also qualify for the $7,500 EV tax credit? OR If I file my taxes and I end up owing $7,500, how does the EV tax credit affect what I owe? I've tried reading about it online but all the tax language is making my head spin. Can someone break this down super simply? I just want to know if the credit is worth it for my situation before I make such a big purchase.
Tax credits can be confusing! Think of them as gift cards the government gives you to reduce your tax bill. Here's a super simple way to think about it: 1. First, calculate how much tax you actually owe for the entire year 2. Subtract the tax credit amount from what you owe 3. Compare that result to what you already paid through withholdings If you paid more than your final bill (after the credit), you get a refund of the difference. If you paid less, you owe the difference. The key thing with the EV credit is that it can only reduce your tax bill to zero, not below zero. So if your total tax bill for the year is only $6,000, you'd only get $6,000 of the $7,500 credit.
In your example, if I only can use $6,000 of the credit, do I lose the other $1,500 forever or can I carry it to next year?
Unfortunately, you lose the remaining $1,500 forever. The EV tax credit cannot be carried forward to future tax years. If you don't have enough tax liability to use the full credit in the year you purchase the vehicle, the unused portion is simply lost. This is why it's so important to understand your tax situation before making a purchase decision based on the credit.
I'm still confused about one thing - does income matter for getting the EV credit? Like if I make $40k a year vs $100k, does that change how much of the credit I can get?
Income itself doesn't directly determine your EV credit, but it does affect your tax liability, which determines how much credit you can use. If you make $40k, your federal tax liability might only be around $3-4k (depending on deductions, filing status, etc.), so you could only use that much of the $7,500 credit. At $100k income, your tax liability would likely exceed $7,500, meaning you could use the full credit.
I relocated from Canada to the US about 4 years ago and became a US tax resident. The year after I moved, I received a final tax refund of around 3,800 CAD from the Canada Revenue Agency. I just kept the money in my Canadian account without converting it. Fast forward to now, and the Canadian dollar has significantly declined against the USD compared to when I first received the refund. I'm thinking about finally converting this money to USD, but I'm wondering if there's a tax angle here. Would this currency depreciation qualify as a foreign exchange loss under Section 988 that I could use to offset my income on my US tax return this year? Has anyone dealt with forex losses on foreign tax refunds before?
I think everyone's overcomplicating this. If the amount is small enough (less than $200 loss), the IRS isn't going to care one way or the other. I had a similar situation with Euros and just didn't bother reporting it.
Thanks for your input, but I'm actually dealing with a larger amount - the refund was around 3,800 CAD, and the exchange rate has changed enough that the loss is more than $300. I'd prefer to do things by the book, especially since I'm planning to apply for citizenship in a couple years and don't want any tax issues to complicate that.
Has anyone considered that there might be a way to time the conversion to minimize the loss? I mean, currency markets fluctuate. Maybe watching the CAD/USD exchange rate for a better moment to convert could be worthwhile?
Zainab Omar
For the original question - different perspective here. I actually DID have my refund held when I skipped filing 2021 and then filed 2022. Got a letter asking me to file the missing year before they would release my refund. So it CAN happen depending on your situation. I think it depends on your filing history and whether the IRS computer system flags your account. If you've had compliance issues before or if there are income documents reported under your SSN for 2022 that show you should have filed, you're more likely to get flagged.
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CosmicCommander
AuthorThanks for sharing this! Do you remember how long it took after you filed the missing year for them to release your refund? And did you end up owing anything for the year you missed?
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Zainab Omar
It took about 3 weeks after I submitted the missing return for them to release my refund. I actually ended up with a small refund for the missed year too, so they combined them. I did get hit with a failure-to-file penalty though, even though I was due a refund. It wasn't huge but still annoying - I think it was the minimum penalty amount. The letter explained that the penalty applies for filing more than 60 days after the due date, even if you're owed money.
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Connor Murphy
Pro tip: If you're missing documents for your 2022 return, you can request a wage and income transcript directly from the IRS that shows all W-2s and 1099s reported under your SSN. Super helpful for catching up on unfiled returns!
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Yara Sayegh
How do you get that transcript thing? Is it online or do you have to call them?
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Connor Murphy
You can get it online through the IRS "Get Transcript" tool on their website. You'll need to create an account if you don't already have one, and they have a pretty strict verification process with multiple authentication steps. If you can't verify your identity online (which happens a lot), you can also request it by mail using Form 4506-T. That takes about 10 days to arrive. The transcript will show all income documents that were reported to the IRS under your SSN for that tax year.
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