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Have you considered looking into an Offer in Compromise? If you truly can't pay the full amount, the IRS might accept a smaller payment to settle the debt. My brother-in-law owed about $25k and ended up settling for around $8k because of his financial situation. You need to complete Form 656 and pay a $205 application fee. It's not easy to get approved, but it might be worth exploring if your financial situation is really tight. The IRS looks at your income, expenses, asset equity, and ability to pay.
Is this something I could do myself or would I need my CPA to handle it? And do you know how long the process typically takes? I'm worried about interest continuing to build while I wait for a decision.
You can certainly do it yourself using the IRS's Form 656 Booklet which includes instructions, but having your CPA help might increase your chances of success since they understand what the IRS is looking for in terms of documentation and financial hardship proof. The process typically takes 6-12 months for the IRS to evaluate and make a decision. Interest and penalties do continue to accrue during this time, which is a downside. However, if you're approved, those additional amounts would be included in the settlement. If you're rejected, you'd still have the option to set up a payment plan for the full amount. Many people start with a payment plan and then apply for an Offer in Compromise if they realize they truly can't manage the payments.
Just wanted to add that you should DEFINITELY make sure you're tracking all legitimate business expenses for your freelance work! When I started freelancing, I was shocked at how many things I could deduct: - Portion of home internet - Cell phone (% used for business) - Home office space - Computer equipment and software - Professional subscriptions - Continuing education/courses - Mileage for business travel - Health insurance premiums - Professional services (like your CPA fees) These deductions make a HUGE difference in your self-employment tax. My first year I paid way too much because I wasn't tracking these expenses properly.
Don't forget about the Qualified Business Income deduction (Section 199A)! For most freelancers, you can deduct up to 20% of your net business income. Saved me thousands last year.
Former tax professional here. A few things to consider: 1. Make sure you create and keep copies of everything - your W2s showing withholdings, the audit letter, and any responses. 2. If you do what the auditor suggests, get it in writing from them (email is fine) that they acknowledge your withholdings will be applied after the case is closed. 3. You might qualify for penalty abatement under First Time Penalty Abatement if you haven't had other penalties in the past 3 years. This is separate from the audit and you'd request it after the audit is closed. 4. The strangest part of your situation is that the tax preparer should have included your withholdings on the original return. This makes me wonder if they made other serious errors too.
Thank you for this advice! The preparer definitely made multiple errors - that's why I got audited in the first place. I'll definitely ask for written confirmation about the withholdings. Do I need to wait until after the audit is completely closed to request the First Time Penalty Abatement, or can I mention it to the auditor now?
You should wait until the audit is fully closed before requesting First Time Penalty Abatement. Auditors typically don't handle penalty abatement requests during the audit process. Once everything is settled and you've paid the adjusted amount, then submit your penalty abatement request. If you've had a clean compliance history for the past 3 tax years (no penalties), you have an excellent chance of getting the penalties removed. Just be aware this only applies to certain penalties like failure-to-file and failure-to-pay, not all audit-related penalties.
Did you sign the audit agreement yet? If not, you should specifically ask the auditor to note in the file that you had $18,500 in withholdings that should be applied to the $23,000 liability. While it's true another department handles this, having it documented by the auditor creates a paper trail.
This is important advice. I've been through an audit where information "got lost" between departments. Always get everything in writing and create documentation trails.
If I could ask a CPA anything, I'd want to know about tax planning strategies that actually work for middle class people. Not the fancy stuff for millionaires, but practical ways regular people with W2 jobs and maybe a side gig can legally reduce their tax burden. Like, are FSAs and HSAs worth it? Should I be making traditional or Roth contributions? Is a 529 plan actually good or are there better ways to save for my kid's college? When is it worth itemizing vs taking the standard deduction?
This is such a good point. Most tax advice seems geared toward either really poor people qualifying for earned income credits or rich people with complex investments. What about us regular folks making between $60-120k? We need help too!
Exactly! The middle class gets squeezed the most it seems. We make too much to qualify for many credits but not enough to benefit from fancy tax strategies with investment properties and such. I think most people in our situation just don't know what options we have available. I'd love practical advice like "if you make X amount, here are the 3 most impactful things you can do to reduce your tax bill" with actual numbers and examples. Or even a checklist of things to consider based on your life situation (married, kids, homeowner, etc).
I'd ask a CPA about all these tax prep software options. Is TurboTax really worth the money? Are there better alternatives? And what things should I absolutely NOT try to DIY even with software help? I always worry I'm missing something major by doing my own taxes.
I switched from TurboTax to FreeTaxUSA last year and saved like $120 for basically the same service. But I'm always nervous about missing something too. Would love to know from an actual CPA what tax situations are too complex for software.
One thing to consider that hasn't been mentioned - while there's no AMT implication when exercising underwater ISOs, there could be benefits to this strategy beyond just starting your holding period clock. If your company does a new 409A valuation in the future and the price goes up, exercising at today's lower strike price could save you money compared to waiting. You're essentially locking in your purchase price now, betting on future growth. Also, some companies have exercise windows when you leave - exercising gradually while employed can reduce the cash needed at separation. And depending on your company's stage, early exercise might have qualified small business stock (QSBS) implications that could potentially exclude large amounts of gain from taxes later.
Can you explain more about the QSBS angle? I've heard it mentioned before but don't fully understand how it works with ISOs or if there are timing considerations.
QSBS (Qualified Small Business Stock) is a potentially huge tax benefit that allows you to exclude up to 100% of capital gains when you sell qualifying stock (up to $10M or 10x your basis, whichever is greater). For it to qualify, you need to: 1) Acquire stock directly from a C-Corporation with less than $50M in gross assets when issued 2) Hold the stock for at least 5 years 3) The company must be in an active qualifying business (most tech companies qualify, but some industries like hospitality or finance are excluded) With ISOs, the timing matters because QSBS status is determined when you exercise, not when you're granted options. So exercising early while the company is still small enough could secure QSBS treatment, even if it grows beyond $50M in assets later. This is a major reason some people exercise underwater options - the potential long-term tax benefit can far outweigh the immediate cost.
A word of caution from someone who's been through this: just because you CAN exercise underwater options without AMT doesn't mean you SHOULD. I did this at my previous startup believing in their future - paid about $45k to exercise options below strike price. The company never recovered and eventually shut down. That money was completely lost. No tax deduction, no nothing. It's considered a capital loss when you sell or when the shares become worthless, but capital losses are limited to $3k per year against ordinary income (unlimited against capital gains). So while the AMT advice here is correct, make sure you're making this decision with eyes wide open about the company's actual prospects, not just hope. Exercise only what you can afford to lose entirely.
Ouch, that's brutal. Did you at least get to carry forward the losses to future years? I thought capital losses could be carried forward indefinitely.
Isaac Wright
A quick tip from someone who files extensions EVERY year - if you're really stuck, just pay MORE than you think you'll owe. The IRS is happy to return your overpayment when you finally file. I always add about 20% to my estimate as a buffer. Yes, you're giving the government an interest-free loan, but the peace of mind knowing you won't face penalties is worth it to me. I'd rather get money back than worry about underpaying.
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Lucy Taylor
ā¢But what if you really need that money in the meantime? Not everyone can afford to overpay by 20%. Wouldn't it be better to try to get it right?
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Isaac Wright
ā¢That's a totally valid point. It really depends on your financial situation. If cash flow is tight, then absolutely try to be more precise with your estimate. Use your previous year's return as a guide and adjust for any major changes in income or deductions. For those who can swing it though, overpaying provides a stress-free extension. Another approach is to aim for that 90% threshold mentioned earlier - pay enough to cover 90% of your expected tax, which should protect you from the more significant penalties. Either way, the key is making a reasonable effort to estimate correctly based on the information you have at the time.
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Connor Murphy
Don't forget that each STATE has different rules for extensions too! The federal extension doesn't automatically apply to state taxes. Check your state's requirements separately. I learned this the hard way last year when I got hit with state penalties even though I had a federal extension. Some states require their own extension forms, and some don't give extensions for payment at all, just for filing.
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KhalilStar
ā¢This is so important! I made this mistake with California taxes and ended up with penalties. Does anyone know a good resource that breaks down the requirements by state?
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