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Be really careful with writing off your flip materials from your landscaping business! I did this exact thing and got audited. The IRS reclassified everything, disallowed my deductions, and hit me with penalties and interest. My $12k tax savings turned into a $20k+ nightmare. The IRS is pretty strict about keeping these activities separate. For flips, you should be tracking all costs (materials, labor, permits, etc.) and adding them to the property's basis. You'll recoup these when you sell. If you've already been writing these off as landscaping business expenses, consider filing amended returns before they catch it.
Did you have any warning signs before the audit happened? Like did they send letters first or just launch straight into a full audit?
I'm a rental property owner and wanted to add: while you can't immediately deduct the materials for building your rentals, consider exploring the BRRRP strategy (Buy, Rehab, Rent, Refinance, Repeat). This lets you pull cash out after establishing equity, which is untaxed since it's debt, not income. Also, look into Qualified Business Income deductions for your rental activity if you can qualify as a "real estate professional" for tax purposes. With your construction background, you might meet the hours requirement. For your specific question about the flip materials you already deducted - that's problematic. Those should have been capitalized to the property's basis. Consider talking to a tax attorney about amendment options before an audit happens.
Has anyone used the IRS Tax Withholding Estimator on the official IRS website? I found it helpful for a similar situation.
Just to be clear, you're DEFINITELY not paying your employer's portion of payroll taxes. That's a completely separate thing that never shows up on your tax return. What you're experiencing is just the result of our progressive tax system when you have multiple incomes in a household. Each dollar of your income is essentially taxed at your highest marginal rate when added to your husband's income. So if his income put you in the 22% bracket, your additional income gets taxed at 22% (minus deductions). That's completely normal and how the system is designed to work, even though it can feel unfair.
One thing nobody mentioned yet - if your son gets financial aid, be careful about how you handle 529 distributions. If the non-custodial parent (you) takes a distribution from YOUR 529 when your ex claims him as a dependent, it can be counted as untaxed income to the student on next year's FAFSA, which could reduce aid eligibility. Sometimes it's better to coordinate which parent pays which expenses rather than just alternating years. Maybe your ex uses her 529 for freshman and junior year, while you use your savings bonds for sophomore and senior year.
That's a really good point I hadn't considered. Do you know if there's any specific documentation we should keep if we do it that way? And would it matter which accounts we use first?
Keep all distribution statements from both the 529 plan and when you cash savings bonds, along with documentation showing exactly which qualified education expenses were paid from each source. Match these up with the tuition statements from the college. Generally it's better to use 529 funds first, since savings bonds have more flexibility for future use if your son gets scholarships or doesn't need all the funds. Plus the savings bonds continue to earn interest if held longer, while 529 plans are subject to market performance. Also remember savings bonds have income limits for the education exclusion that 529 plans don't have.
Make sure you understand the rules for "support" with college students! My ex and I got audited because we misunderstood this. For kids in college, their scholarships, grants and student loans in THEIR name count toward THEIR contribution to their own support. If your son gets enough scholarships/loans, he might actually be providing more than half of his own support (room, board, etc), which means NEITHER of you could claim him!
One thing nobody mentioned yet - check if you actually did receive prior notices. The IRS is required to send multiple notices before sending debt to collections. Pull your IRS account transcripts (can be done online) and it will show all notices sent to you. If they sent notices to an old address or there's no record of prior notices, that strengthens your case for abatement. Also, 1065 penalties are especially harsh because they're designed to enforce timely filing for information returns. The $195/month/partner can add up quickly, which explains your $4950 penalty for what seems like a simple mistake.
That's a great point about checking the transcript for prior notices! I'll definitely do that. Our business did move offices in early 2023, and I'm now wondering if notices were sent to our old address even though we filed a change of address form. Is there a specific way to mention this when requesting abatement?
If your transcript shows notices were sent but you never received them because of an address issue, definitely mention that when requesting abatement. This falls under "reasonable cause" arguments. Specifically say: "We filed Form 8822-B to change our business address, but it appears notices were sent to our previous location. We never had the opportunity to respond to the original notices before this went to collections." The IRS is generally understanding about address issues, especially if you can show you tried to update your information properly. This would be in addition to requesting First-Time Abatement, giving you multiple angles for relief.
I hate to be the pessimist, but be prepared for this to take multiple attempts. I had almost identical partnership penalties last year and the first abatement request was denied despite having a clean record. Had to call back, escalate to a supervisor, and be very persistent. Eventually got it abated, but it wasn't the easy one-call fix some people are suggesting. The IRS is incredibly backlogged right now.
I second this. My first request was denied too, but second time worked. The key was getting actual IRS transcripts that proved we had good filing history. Just saying "we've always filed on time before" isn't enough - they want to see proof in their system.
Drake
Pro tip: If you're waiting for the 2025 forms to appear on payusatax.com, you can also use EFTPS.gov (Electronic Federal Tax Payment System). It's free and run directly by the Treasury. The downside is you have to enroll ahead of time and they mail you a PIN, which takes about a week. But they usually update for the new tax year by January 2nd, sometimes even before New Year's. I switched from payusatax to EFTPS three years ago and never looked back. No more fees!
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Sarah Jones
ā¢Do you need to set up EFTPS separately for your business and personal taxes? I have both.
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Drake
ā¢You can use the same EFTPS account for both business and personal taxes. When you make a payment, you select the tax form type and enter your tax ID (SSN for personal, EIN for business). The system keeps track of different payment types separately, so you can pay individual 1040-ES payments and business 941/940 payments through the same account. Really convenient if you have both personal and business tax obligations.
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Sebastian Scott
Has anyone had issues with payusatax.com payments not being properly credited to their account? Last year I made my payment on January 12th and the IRS didn't show it as received until February 3rd. Caused me a bunch of headaches.
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Emily Sanjay
ā¢Yes! Same problem. I switched to DirectPay on the IRS website instead (when it works) or EFTPS. Payusatax was always slow to credit the payment even though they took the money from my account right away.
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