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Your cousin needs to know about the Danielson rule too. I went through this myself and found out the hard way that how the settlement is WRITTEN matters a ton for tax purposes. If the agreement specifically allocates amounts to different categories (car replacement vs punitive damages vs emotional distress), the IRS generally respects those allocations. But if the settlement is silent or vague about allocations, the IRS has more leeway to characterize the entire amount however they want. Has she already signed? If not, she should have a tax professional review the settlement language before finalizing anything.
She signed last week, unfortunately. The settlement does break down some amounts but it's pretty general - just "compensation for vehicle" and "additional damages." I'll let her know to get it reviewed by a tax pro before filing next year. Thanks for this info!
Has anyone here actually gone through an audit after reporting a lemon law settlement? I reported mine last year and got a letter from the IRS saying they're reviewing my return. Now I'm freaking out that I did something wrong.
I haven't personally, but a client of mine did. The IRS was primarily concerned with verification of the original purchase price (cost basis) that was deducted from the settlement. Make sure you have documentation showing what was paid for the vehicle originally - purchase agreement, financing documents, etc. They also looked at how attorney fees were handled. If you received a 1099 for the full settlement amount (including what went to your attorney), make sure you properly deducted those fees. Most IRS review letters are just verification requests rather than full audits. Provide the documentation they're asking for, and you should be fine assuming you reported everything correctly.
You might also want to check if both your employers are withholding the correct STATE tax amount. I had this exact issue where federal withholding was fine but my employer was using the wrong state withholding table (they were using a neighboring state's rate which was lower). Took me three years to figure out why I kept owing state taxes despite withholding "correctly".
Hmm, that's a really good point. I never even thought to check that. How would I verify if they're withholding the correct state amount? Just compare my pay stub percentages to my state's tax rates?
The easiest way is to look at your last pay stub from the year and check the state withholding total. Then use your state's tax calculator (most state tax department websites have one) and enter your total income. Compare what you should owe versus what was withheld. Another approach is to check if the state code on your W-2 is correct - there should be a state code in Box 15. Make sure it matches your actual resident state. I've seen employers accidentally use the wrong state code, especially for remote workers.
For what it's worth, my spouse and I just always add an additional $25 each per paycheck for withholding and it covers us. Simple solution that's worked for 5 years now. No complicated calculations needed.
One thing I wish I knew before switching to an S-Corp is that you should interview a few payroll providers before deciding. I went with one of the big names (won't mention which) and have had nothing but headaches. Their customer service is terrible, and they've made mistakes on my quarterly filings twice now. If I could do it over again, I'd look for a provider that specializes in single-owner S-Corps specifically. The big providers are set up more for larger companies and don't always understand the nuances of S-Corp owners who are both the employer and employee. Also, budget around $1,500-2,000 annually for the added compliance costs (payroll service, extra tax prep fees, state fees, etc). The tax savings usually outweigh this, but it's good to go in with eyes open on the costs.
Thanks for the heads up on payroll providers! Any specific ones you'd recommend for someone in my situation? Also, did you set up a separate retirement plan when you made the switch?
I've heard good things about Gusto and OnPay from other single-member S-Corps. They're more modern and user-friendly than what I ended up with. A local bookkeeper who specializes in small businesses could also be a good option - sometimes they offer payroll services bundled with bookkeeping. For retirement plans, that's actually one of the big advantages of an S-Corp. I set up a Solo 401(k) which lets me contribute both as the employer and employee. You can potentially put away much more than you could with just an IRA or SEP. With your income level, you should definitely look into this as it can significantly reduce your tax bill beyond just the SE tax savings.
Don't forget about health insurance! This was the most confusing part for me when I converted to an S-Corp. If you're buying your own health insurance, you should generally have the S-Corp reimburse you or pay it directly, then it gets reported as income on your W-2 (but not subject to FICA), and you take the self-employed health insurance deduction on your 1040. It's also worth looking into setting up an HSA if you have a high-deductible plan, and potentially a QSEHRA if you might add employees in the future. The health insurance handling is super easy to mess up, and I've seen people lose thousands in deductions by doing it incorrectly.
This is so confusing. My tax person told me to just pay health insurance personally and take the deduction. Is that wrong?
One thing to keep in mind: American Opportunity Credit can only be claimed for 4 tax years, so if you've already claimed it for 4 years, you might need to look at the Lifetime Learning Credit instead. Also, do you have any documentation showing you were enrolled in 2023 and that you paid in 2022? You'll want to keep those records (enrollment verification, payment receipts, etc.) in case you're audited, especially if you're claiming the credit without having a 1098-T for that specific year.
Thanks for mentioning that! I've only claimed the American Opportunity Credit for 3 years so far, so I should be eligible for one more year. And yes, I have my enrollment verification and payment receipts saved. I paid online through my student portal in December 2022, and I have the confirmation email and bank statement showing the payment date. Would those be sufficient documentation?
Those records should be perfect! Keep the enrollment verification showing you were a student during Spring 2023, along with your payment confirmation and bank statement showing the December 2022 payment date. That's exactly the documentation you'd need if there were ever questions about your eligibility. Since you've only claimed the American Opportunity Credit for 3 years, you should be eligible for one more year, which is great since it's generally more beneficial than the Lifetime Learning Credit for most undergraduates.
Pro tip: If you file an amended return to claim education credits, make sure you're specific about which semester the expenses were for! I made this mistake - claimed Spring 2023 expenses on my 2022 return (correctly, since I paid in Dec 2022) but didn't clearly document which semester it was for. Ended up getting flagged for review because it looked like I was claiming the same semester twice.
Lucas Notre-Dame
Something nobody's mentioned yet that's really important - make sure you get your win/loss statement from EVERY platform you used. I had wins on DraftKings but losses on FanDuel, and initially I only documented the DraftKings stuff. Got audited and it was a nightmare. You need comprehensive documentation of ALL gambling activity, not just where you had the big win.
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Sophia Nguyen
ā¢Thanks for pointing this out. I actually used 3 different platforms throughout the year. Do they all automatically send tax forms or do I need to request the statements?
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Lucas Notre-Dame
ā¢Most platforms don't automatically send you win/loss statements - you need to request them specifically. They'll only automatically send W-2G forms for individual wins over $1,200. Each gambling site usually has a section in your account settings or help center that explains how to request your annual win/loss statement. Some platforms make these readily available to download from your account, while others require you to contact customer support. I recommend requesting these statements as soon as possible since it can sometimes take them a while to generate the documents, especially during tax season when everyone is asking for them.
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Aria Park
One thing to consider - if you itemize deductions to claim your gambling losses, you'll need to give up the standard deduction. For 2025, the standard deduction is $13,850 for single filers. So if your other itemized deductions (mortgage interest, medical expenses, etc.) plus gambling losses don't exceed that, you might be better off just taking the standard deduction and paying taxes on the full gambling winnings.
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Noah Ali
ā¢This is a really good point. I made this mistake one year and actually ended up paying more in taxes by itemizing than I would have with the standard deduction.
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