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Just went through a complete small business tax audit - almost everything denied!

I recently finished going through a full tax audit of my personal taxes, which included two Schedule-C businesses I run on the side. This has been an absolute nightmare! My small business income was about $21K this year with around $24K in expenses. The income is down about 60% from normal because several clients pushed payments into next year. Last year I made almost twice as much - my income just fluctuates like that in this industry. I also had about $8K in unreimbursed employee expenses related to my regular job where I work remotely with a home office setup. The whole audit preparation was incredibly stressful - I spent weeks putting together receipts and creating detailed spreadsheets of all my expenses. I've always done my own taxes, but for the audit, I hired a CPA to review everything and represent me during the actual audit. Going into this, I was mentally prepared to just get it over with and pay whatever they determined I owed. I knew some receipts were missing, and my CPA had flagged some items as questionable. I was expecting to pay around $5,500 plus penalties just to put this nightmare behind me. Well, the results came back, and it's WAY worse than I expected. They rejected 90% of my first Schedule-C business expenses, 100% of my second Schedule-C business, and ALL of my unreimbursed employee expenses. My CPA says I could fight some of it, but that I should probably just pay what the auditor is suggesting.

Omar Fawaz

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Don't just pay what the auditor suggests without a fight! I've been through two audits and successfully appealed both times. The first step is requesting a conference with the auditor's manager. Be prepared with organized documentation and clear explanations of why your deductions were legitimate. If that doesn't work, file a formal appeal with the IRS Office of Appeals. They're separate from the examination division and often more reasonable. You have 30 days from the date of the audit findings to request this appeal. For your Schedule C businesses, the key is proving they were legitimate businesses operated with the intent to make a profit, not hobbies. Do you have business cards? A website? Marketing materials? Client communications? All of these help establish business legitimacy.

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How much did appealing cost you? My CPA is charging $250/hour, and he estimates it would take at least 10-15 hours to prepare and handle an appeal. That's potentially $3,750, and with no guarantee of success. I'm trying to figure out if it's worth the fight or if I should cut my losses.

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Omar Fawaz

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For my first audit appeal, I handled it myself and spent about $500 on organizing documents and preparing my case. It took about 25 hours of my time, but I saved almost $8,000 in disallowed deductions. For the second appeal, I hired a tax attorney for a flat fee of $2,500. This was more complex involving rental property deductions. We ended up saving about $12,000 in taxes, so the investment was worth it. The key is analyzing the potential savings versus the cost of fighting. If your total tax difference is less than $5,000, self-representation might make more sense. For larger amounts, professional help often pays for itself. Remember that if you win, you're not just saving the immediate tax bill but also setting precedent for future years of similar deductions.

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Chloe Martin

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If they denied your unreimbursed employee expenses, was that because you took them as miscellaneous itemized deductions on Schedule A? Those were suspended by the Tax Cuts and Jobs Act through 2025, so they're correctly disallowed if that's how you claimed them. For your Schedule C businesses, did the auditor give specific reasons for denying the expenses? Was it lack of documentation, or did they claim the business was a "hobby" rather than a legitimate profit-seeking venture? The distinction matters for how you might approach an appeal.

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Diego Rojas

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Not OP, but this is important info. Many people don't realize that employee business expenses (including home office for W-2 employees) are completely suspended right now. The only workaround is if your employer would provide an accountable plan where they reimburse you for these expenses.

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Ryan Vasquez

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One thing no one mentioned yet - make sure you're tracking all your expenses properly for next year. I'm a freelancer too and I use a separate credit card for ALL business expenses. Makes it super easy to track deductions and saves me tons of time at tax season. Also, don't forget you can deduct 50% of the self-employment tax you pay! That's an adjustment to income on your 1040, so it reduces your overall taxable income. Lot of people miss that one.

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Avery Saint

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Do you need to have a business bank account to do the separate credit card thing? Or can you just use a personal card that you designate for business only?

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Ryan Vasquez

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You can absolutely use a personal credit card that you designate for business only - that's what I do! You don't need a formal business account unless you have an LLC or corporation. The key is consistency - just make sure you ONLY use that specific card for business expenses and nothing personal. Makes it super easy to download your year-end statement and have all your deductions in one place. I also take photos of receipts for cash expenses using a free app that organizes them by date.

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Taylor Chen

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Your tax calculation sounds correct. For future reference, a quick way to estimate what you'll owe is to set aside about 25-30% of any freelance income for taxes. That usually covers both the income tax and self-employment tax. If your combined income pushes you into a higher tax bracket, remember that only the amount OVER the threshold gets taxed at the higher rate, not your entire income.

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Grace Durand

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That's a really helpful rule of thumb! I had no idea how much to set aside. If I start setting aside 30% of my freelance income going forward, should I just make quarterly payments with that? And when are those even due?

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Taylor Chen

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Exactly - set aside that 30% and make quarterly estimated tax payments with it. The quarterly due dates are April 15, June 15, September 15, and January 15 of the following year (for 2025, the dates would be April 15, 2025, etc.) You can pay online through the IRS Direct Pay system or through their EFTPS (Electronic Federal Tax Payment System). Either way works fine. Just make sure you select "estimated tax" as the payment reason. Some freelancers I know set calendar reminders a week before each due date so they never miss one.

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Julian Paolo

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Just a warning - if you ever sell this property, you'll need to recapture all the depreciation you've taken (or were supposed to take even if you didn't claim it!) at a 25% tax rate. This surprises a lot of people. Also, if you move back into the property later and make it your primary residence again, you might qualify for some exclusion of gain under the ownership and use tests, but there are complex rules about periods of nonqualified use. Might want to consult with a CPA before making any big decisions.

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Ella Knight

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This! Depreciation recapture bit me hard when I sold my rental last year. I didn't realize I'd have to pay back all those tax benefits at 25% rate. Would have made different decisions if I'd understood this from the beginning.

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If this was supposed to be your primary residence but you had to rent it out, don't forget that if you do move into it later, the "2 out of 5 years" rule for capital gains exclusion ($250k single/$500k married) gets complicated. The IRS has specific rules about "non-qualified use periods" that can reduce your exclusion. You should definitely claim the mortgage interest deduction against rental income now, but just be aware it might affect your future tax situation if you sell or convert it back to personal use.

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Lucy Taylor

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Thank you for mentioning this! We do hope to eventually move into this house, maybe in 2-3 years once my husband's employment stabilizes. Is there any documentation I should keep now to help with this potential future situation?

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Keep absolutely everything! Save all records related to: - Your original purchase (closing documents, original intent to occupy) - Any emails or documentation showing your plans changed due to job loss - All rental income and expense records - Any improvements or repairs (with receipts) - Property tax statements showing separate land/building values - Documentation of when you begin using it as your primary residence Also consider getting a professional appraisal when you convert it back to personal use. Having solid documentation of the property's value at each conversion point can save you thousands in taxes when you eventually sell.

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I'm a tax attorney who has gone through this exact situation. The critical factor is whether the lawyer currently performs tasks that CPAs perform. If they're doing accounting, tax planning, financial analysis, etc. as part of their legal practice, then the CPA credential enhances existing skills rather than qualifying for a new profession. Schedule C deduction would likely be better than the Lifetime Learning Credit if they're self-employed and in a higher tax bracket. The LLC is limited to $2,000 with income phaseouts, while a Schedule C business deduction has no cap and reduces SE tax too.

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Thanks for sharing your experience! When you say Schedule C might be better, does that mean you believe the education would qualify as a legitimate business expense under T Reg 1.162-5(a) for someone in this situation?

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Yes, I believe it would qualify as a legitimate business expense in this specific case. The key is that T Reg 1.162-5(a) allows deductions for education that "maintains or improves skills required by the individual in his employment or other trade or business." If your client can document that they regularly perform accounting functions in their law practice (like tax planning, financial analysis for clients, etc.), then the CPA education enhances existing skills rather than qualifying them for a new profession. It's the actual tasks performed that matter, not the job title. I successfully took this position on my own return and have advised clients similarly without issues.

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Sophie Duck

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Has anyone considered that this might be eligible for both the Lifetime Learning Credit AND a partial Schedule C deduction? If the courses have mixed purposes (partly for current business, partly for new credentials), you might be able to allocate a percentage to each based on course content.

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I don't think you can double-dip like that. IRS Publication 970 specifically says you can't claim an education credit and a business deduction for the same expense. You have to choose one or the other.

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Zara Mirza

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One thing nobody's mentioned yet is the Accumulated Earnings Tax that C-corps face if they retain too much profit without a business purpose. Since you mentioned wanting to reinvest rather than distribute profits, this could become an issue if your C-corp builds up substantial retained earnings. The IRS might question why you're accumulating earnings instead of paying dividends, and could impose an additional tax. There's a presumptive threshold (about $250k) where this can trigger scrutiny, though you can justify higher retained earnings if you have legitimate business needs. An LLC doesn't face this issue since profits are taxed at the individual level regardless of whether they're distributed.

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Luca Russo

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Can you explain more about this Accumulated Earnings Tax? I've never heard of it but might be in a similar situation with my business. Is there a way to document plans for the retained earnings to avoid this tax?

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Zara Mirza

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Yes, you can document specific plans for using the accumulated earnings to avoid the tax. The IRS looks for "reasonable needs of the business" - things like expansion plans, equipment purchases, research and development, or contingency funds for specific business risks. The key is having a concrete plan, not just a vague notion of "future growth." Documentation is crucial - board meeting minutes approving a specific expansion plan with estimated costs, for example. For an investment business, you could document plans to make specific types of larger investments that require accumulated capital. Just be aware that "investing in the market" isn't typically considered a reasonable business need since that's what investment companies do by default.

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Nia Harris

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My accountant pointed out something important that hasn't been mentioned yet - if you form a C-corp just for investing, you might run into the Personal Holding Company (PHC) tax issue. This is a punitive tax (currently 20%) on undistributed income for closely-held corporations where passive income (like from investments) makes up more than 60% of gross income. This is specifically designed to prevent people from using corporations as tax shelters for investment income. So if investment is your primary activity in the C-corp, you might face this additional tax burden.

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That's concerning and something I hadn't come across in my research. Between this PHC tax and the Accumulated Earnings Tax mentioned above, it sounds like there are multiple ways the IRS can penalize a C-corp used primarily for investments. Would an LLC taxed as an S-corp help avoid these specific issues while still potentially reducing self-employment taxes?

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Nia Harris

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Exactly - the LLC taxed as an S-corp would avoid both the PHC tax and Accumulated Earnings Tax issues completely. S-corps are pass-through entities, so there's no concept of "undistributed earnings" at the corporate level to tax. The S-corp approach can help reduce self-employment taxes because you can split your income between salary (subject to SE tax) and distributions (not subject to SE tax). Just be careful - your salary must be "reasonable" for the services you provide. For an investment business where your active participation might be limited, this benefit could be minimal since most of your income might be considered passive already and not subject to SE tax regardless of structure. Talk to your accountant about the "material participation" tests for your specific situation to determine whether your investment activities would qualify as active or passive income.

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