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I'm an estate planning attorney, and I wanted to add something important that hasn't been mentioned yet. Your uncle should be aware that the current federal estate tax exemption amount ($13.6 million in 2025) is scheduled to sunset at the end of 2025, potentially dropping back to around $7 million (adjusted for inflation) in 2026. If your uncle's estate is in the $7-9 million range as you mentioned, this could suddenly put him over the exemption threshold next year. This is why many wealthy individuals are considering making significant gifts or establishing irrevocable trusts now to lock in the current higher exemption amount. Also, don't forget about state-level estate taxes. Depending on which state your uncle lives in, the exemption could be much lower than the federal amount.
Whoa, I had no idea about the sunset provision! That could be a huge deal for my uncle. He's in Massachusetts if that makes a difference for state-level taxes. Would you recommend he talk to a specialized estate planning attorney rather than his regular attorney who handles his other legal matters?
Massachusetts has a state estate tax threshold of only $1 million with tax rates ranging from 0.8% to 16%, so yes, this is definitely something your uncle needs to address regardless of federal exemption amounts. Absolutely recommend a specialized estate planning attorney rather than a general practitioner. Estate planning, particularly with estates approaching the federal exemption and in states with their own estate taxes, requires specific expertise. The right attorney can potentially save your uncle's estate hundreds of thousands or even millions in taxes with proper planning. The fee for specialized advice will be well worth it given the potential tax savings.
Just wanted to add - make sure your uncle understands the implications of irrevocable trusts before jumping in. My father set one up and later regretted it because he couldn't access those assets when he needed them for medical expenses. Once assets go in, they generally can't come back out (that's why they avoid estate tax). Some irrevocable trusts can be set up with flexibility, like naming a trust protector who can make certain changes, but it's definitely not something to rush into without understanding all the implications.
This is such an important point. My mother did something similar and it was a nightmare. Are there any types of trusts that offer tax benefits but still maintain some flexibility?
Have you checked if you received any one-time tax credits last year that weren't available this year? For example, there were some recovery rebate credits and expanded child tax credits in recent years that have since expired or changed. Also look at your adjusted gross income between the two years. Even a small increase could push you into a different tax bracket or phase out certain credits you qualified for previously.
I don't think I received any special credits last year - I don't have kids and didn't qualify for most of those pandemic-related things. My income did go up slightly (about $1,500 more than last year), but I didn't think that would make such a big difference. One thing I'm wondering about - I did start contributing to my company's 401k this past September. Would that affect my refund in any way? I'm putting in about 4% of my paycheck.
Your 401k contributions actually should have helped your tax situation, not hurt it. Those contributions reduce your taxable income, which typically means less tax overall. Since you started in September, you might not see the full annual benefit, but it definitely wouldn't cause your refund to decrease. Given all the information you've shared, it really does sound like the withholding change is the primary factor. The good news is that you didn't actually lose money - you just received it gradually throughout the year instead of in one lump sum. For next year, definitely submit a new W-4 requesting additional withholding if you prefer the larger refund approach to saving.
A similar thing happened to me and it was driving me crazy until I realized my previous employer had been over-withholding my taxes (taking too much out of each check). When I switched jobs, my new employer was withholding the correct amount, which was less per paycheck. Result: bigger paychecks through the year but a smaller refund. Check if anything changed with your W-4 or withholding status!
There's no catch except that you need to do the work to claim what you're owed! I missed out on the Earned Income Credit for two years because I didn't know I qualified. Amending those returns got me over $3k back. The real "catch" is that some amendments require more documentation than others. Education credits especially - make sure you have your 1098-T forms from your school and receipts for textbooks/required materials. The student loan interest is easier since your loan servicer should have sent 1098-E forms showing interest paid.
Thanks for mentioning documentation! I think I have all my 1098-Ts from school but not sure about textbook receipts from 3 years ago. Will the IRS reject my amendment if I'm missing some of the receipts?
The IRS won't automatically reject your amendment if you're missing some receipts, but you should be prepared to substantiate your claims if they ask questions. For textbooks, if you don't have the original receipts, look for credit card statements, bank statements, or emails confirming your purchases. For education credits, the 1098-T is the most important document, as it shows your enrollment and amounts paid to the institution. The IRS is more likely to focus on verifying that information rather than every individual book purchase. Do your best to create a reasonable estimate of your textbook costs if you can't find all receipts, and keep notes on how you calculated those amounts.
One thing nobody has mentioned - if you amend and get a bigger refund, you might also be entitled to interest! The IRS pays interest on refunds that are more than 45 days old from the filing deadline or the date you filed, whichever is later. I amended 2 years of returns last year and got about $3400 back plus another $126 in interest. Not a huge amount but hey, free money on top of free money lol. The interest is taxable income tho, so remember that for next year's taxes.
Does the IRS automatically add the interest or do you have to request it specifically? And do you know what the current interest rate is?
This is actually a fairly common issue with new LLCs. Here's what's important: If you've been filing and paying taxes consistent with S-corp status for 2021 (meaning you filed Form 1120-S and issued yourself a W-2 as an employee-owner), you have a much stronger case for retroactive election. When filling out Form 2553, check Box D1 in Part I for the January 1, 2021 effective date. In Part III (Late Election Consent), explain that you've been operating with the understanding that you were an S-corporation and have filed all relevant tax documents accordingly. The IRS is generally pretty reasonable with the relief provision if you've been consistent in your tax treatment.
Thanks for this info! I did file Form 1120-S for 2021 and issued myself W-2s, so sounds like I've been operating consistent with S-corp status. I was just confused about whether I could put January 1 as the effective date when my LLC wasn't technically formed until March. I'll definitely check Box D1 and explain the situation in Part III as you suggested. Do you think I should attach anything else to the form when I send it in? Like copies of my 2021 tax filings to prove I've been operating as an S-corp?
Yes, you should absolutely attach copies of your 2021 Form 1120-S and any W-2s you issued yourself as supporting documentation. This demonstrates to the IRS that you've been operating consistently as an S-corporation. Also consider attaching a brief cover letter referencing the IRS notice you received and explaining your intention to address this with the late-filed election. I'd also recommend sending it certified mail so you have proof of submission. The IRS can be slow to process these, so having documentation of when you submitted everything can be important if they follow up again before processing your election.
Something nobody's mentioned yet - make sure you're using the CURRENT version of Form 2553. The IRS updated it in December 2023 and they're pretty strict about using the correct version.
Good point! I made this mistake last year and they rejected my filing, adding another 2 months to the process. You can download the current version directly from irs.gov rather than using any forms that might be outdated on tax preparation websites.
Nalani Liu
Don't forget to keep track of your mileage if you're driving to special locations for your pics! I've been doing this type of work for a few years and mileage deductions add up fast. Also track any pedicures, foot care products, special socks/shoes bought specifically for your photoshoots.
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Axel Bourke
ā¢Wait seriously? You can actually write off pedicures as a business expense for feet pics? That seems too good to be true lol
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Nalani Liu
ā¢Absolutely! If the pedicures are specifically for your photoshoots and business purposes, they're a legitimate business expense. Think of it like this - if a hand model gets manicures for photo shoots, that's a business expense. Same principle applies to foot modeling/pics. Just make sure you're being honest about the business purpose and keep good records. I keep a separate calendar where I note when I got pedicures specifically for photo sessions versus personal ones. Same with any special foot care products or accessories I buy exclusively for shoots. The key is that these expenses must be "ordinary and necessary" for your specific business - which in the case of foot content, professional foot care definitely qualifies!
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Aidan Percy
Heads up, you might need to look into copyright protection for your content too. Not tax advice exactly but related to running your business properly. I had someone steal my pics and resell them which was both annoying and cut into my taxable income. Might be worth watermarking or using content protection services.
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Fernanda Marquez
ā¢Are the costs for copyright registration and protection software tax deductible? Seems like they would be but just checking.
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