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Just to add another perspective - my sister is in almost the exact same situation with disability and two kids. She was able to claim a partial child tax credit but not get any refund from it. However, she did qualify for the Earned Income Credit because of a special rule for disability recipients who haven't reached retirement age. The key was finding a tax preparer who specializes in disability situations. The first mainstream place she went to (similar to your H&R Block experience) told her she didn't qualify for anything. The disability-focused tax preparer got her almost $3,000 back when all was said and done.
That's really helpful to know! Do you happen to remember what that special rule for the Earned Income Credit was called? I'd like to look it up so I can mention it specifically when I talk to another tax preparer.
The special rule relates to disability benefits that are taxable in the year you reach minimum retirement age. If you receive disability benefits from an employer plan and report them as wages, those can count as earned income for the EITC until you reach minimum retirement age. It's in IRS Publication 596 under "Disability Benefits and the EIC." The exact wording gets technical, but basically, if you're getting taxable disability benefits and haven't reached retirement age, you might qualify. It made a huge difference for my sister's refund.
Has anyone used the Free File options with a disability situation? I'm in a similar boat and wondering if those free programs can handle complex situations like disability income and dependents properly.
I used FreeTaxUSA last year with SSDI and a dependent. It worked well and asked all the right questions about my disability income and how it was reported. They had specific sections for disability benefits and walked through all the potential credits. Don't use the totally free version though - spend the extra $7 or whatever for the deluxe version which gives you better support for credits and deductions. Saved me way more than that $7 in the end.
Always get a second opinion when in doubt! I had an accountant once who insisted I couldn't take the home office deduction because I also had a full-time job. Turns out he was totally wrong - if you're self-employed even part-time, you can absolutely take that deduction for the portion of your home exclusively used for that business. Found a new accountant and saved over $1,000.
Did you find the new accountant through a referral or did you just search online? I'm thinking I might need to do the same thing but I'm not sure how to find someone reliable.
I got a referral from a coworker who also does freelance work on the side. Personal referrals are definitely the way to go if possible since online reviews for tax professionals can be hard to trust. If you don't have any personal referrals, I'd recommend looking for an Enrolled Agent (EA) rather than just any tax preparer. They're specifically licensed by the IRS and tend to be more knowledgeable about tax code than the seasonal preparers at big chain tax services. Local small business associations sometimes have lists of reputable tax pros who work with self-employed individuals.
Have you checked if your accountant is actually calculating your Qualified Business Income deduction correctly? With your freelance income, you should be eligible for the QBI deduction which is up to 20% of your qualified business income. This is something a lot of tax preparers overlook or calculate incorrectly.
Just wanted to add that timing matters a lot in your situation. If your father-in-law transfers the house to you now, you should wait as long as possible before selling to establish ownership time for the Section 121 exclusion. Also, make sure to document EVERYTHING about the payments you've been making over the years. Bank statements, canceled checks, anything that proves you've been financially responsible for the house. This creates a paper trail showing beneficial ownership that could help if you're ever audited.
Thanks for this advice! How far back should we go with documentation? We have most bank records for the past 7 years, but the earlier years might be harder to track down. Also, does having our names on utility bills help establish our "beneficial ownership" claim?
Try to gather documentation going back as far as possible, but the past 7 years should be sufficient for most IRS purposes since they typically don't look back further than that for audits. If you can show a consistent pattern of payment responsibility, that strengthens your case. Utility bills in your names are excellent supporting evidence! They help establish that you were truly treating the property as your primary residence. Also gather any documentation showing you were responsible for property taxes, insurance, maintenance and repairs. The more comprehensive your paper trail showing you were acting as the true owners, the stronger your position.
Has anyone considered the stepped-up basis option? If the father-in-law is older, it might be worth keeping the house in his name until he passes (sorry to be morbid), at which point the basis would step up to the fair market value at the time of death, eliminating capital gains.
That's technically correct but comes with significant risks in this situation. The OP mentioned trust issues with the father-in-law, so leaving the property in his name creates vulnerability. Also, they need the proceeds now for their new home purchase, so waiting isn't practical.
Your tax guy is probably right, but there's a middle ground option you might consider. You can set up an installment agreement with a very small monthly payment (like $25) while your tax pro continues to resolve the actual issue. This typically stops collection activities including levies, gives you a formal agreement with the IRS, but doesn't require you to pay the full incorrect amount. If your accountant resolves it in your favor, you can get refunded for whatever small payments you made. I went through almost exactly this same situation when my employer issued a corrected W2 but the IRS assessment was based on the original incorrect one. My accountant was working on it, but I couldn't sleep at night worrying about levies, so the small installment payment was my compromise solution.
That's an interesting approach I hadn't thought of. Wouldn't setting up a payment plan be seen as accepting that I owe the amount though? I'm concerned it might complicate things if we're simultaneously arguing that we don't actually owe this money.
Setting up the installment agreement doesn't mean you're agreeing the amount is correct. The IRS allows you to dispute the underlying tax while still having a payment arrangement in place. You can specifically request that your agreement be processed with "pending audit reconsideration" or "disputed liability" noted on your account. When the dispute is resolved, if it turns out you owe less or nothing, the IRS will refund any excess payments automatically. I made about four $25 payments before my situation was resolved, and I received those payments back with my refund. The peace of mind was worth the temporary $100 out of pocket.
One important thing nobody has mentioned: the CP504 notice isn't the final step before levy! There's still the Final Notice of Intent to Levy (usually Letter 1058 or LT11), which gives you 30 days' notice AND appeal rights before any actual levy happens. The CP504 is definitely designed to scare you, but you still have time and options. Your tax professional is likely aware of this timeline, which might explain why he's not panicking.
This is correct. Having worked at the IRS for 12 years, I can tell you there's a specific sequence of notices, and CP504 is not the final step. You'll get at least one more notice with appeal rights before any levy action.
Elijah Knight
Just a tip from my experience: make sure the principal loan amounts on both 1098s don't exceed the limit for mortgage interest deduction ($750K for newer mortgages). When I refinanced, I took some cash out which pushed me over the limit, and I had to calculate what portion of my interest was actually deductible. FreeTaxUSA didn't catch this automatically.
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Brooklyn Foley
ā¢Where in FreeTaxUSA can I find that calculation? I refinanced and borrowed $800K total between both loans (original was $600K, new is $800K with some cash out). Will the software handle the partial deduction or do I need to do math before entering?
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Elijah Knight
ā¢FreeTaxUSA doesn't automatically calculate the partial deduction if you're over the limit. You'll need to do this calculation yourself before entering the information. The basic formula is to take your deductible loan amount ($750K) divided by your total mortgage amount ($800K in your case) which gives you the percentage of interest that's deductible (93.75% for you). Then multiply each interest amount by that percentage before entering it. In the text box or notes section, you should explain this calculation in case of an audit. It's a bit of a hassle, but necessary to avoid claiming more deduction than you're entitled to.
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Jay Lincoln
Has anyone had issues with FreeTaxUSA not calculating the correct deduction even after entering both 1098 forms? I did this last year and somehow my deduction was like $2000 less than it should have been. Wondering if there's a glitch or if I missed something.
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Jessica Suarez
ā¢Double check that you didn't accidentally enter one of the 1098s in the wrong section. One common mistake is entering the second mortgage interest statement in the "Points" section or vice versa. Also verify that you entered the full year's worth of property taxes from both lenders if that was also included on your 1098s.
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