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Another approach worth considering - check if your state has a board that regulates tax preparers (like California's CTEC or Oregon's Board of Tax Practitioners). Many states have specific regulations about tax preparation conduct. A complaint to the state board could potentially result in disciplinary action if the preparer violated professional standards by sharing confidential information without proper safeguards or subcontracting without disclosure. Also, did you have a written contract with this preparer? The details of your agreement would significantly impact your options. If there's no written contract, you might be looking at a more challenging claim based on verbal agreement and evidence of the work completed.
I do have email correspondence outlining the scope of work and agreed payment terms, but not a formal signed contract. She sent me spreadsheets tracking which returns I completed and amounts owed, which I've saved. Would these be sufficient documentation for a small claims case? I'm in Texas, which I believe doesn't have a specific tax preparer regulatory board, but I'll definitely look into state-specific options.
Email correspondence can absolutely serve as documentation of your agreement, especially if it clearly outlines the work to be done and the payment terms. Those spreadsheets tracking completed returns will be particularly valuable evidence. For small claims court in Texas, you'd want to compile all communications about the work, evidence that you completed the work (like submission confirmations or acknowledgments from her that she received the completed forms), and documentation of any partial payments already made. Texas small claims (Justice Court) has a limit of $20,000, so your claim would fit well within their jurisdiction.
Just want to mention something important - be careful about how you handle those EINs and PTINs you still have access to. Improper use of that information could potentially create liability for you, even if you're the wronged party here. I'd recommend documenting that you have this information but not using it in any way that could be seen as leveraging confidential information. Delete any copies once your dispute is resolved.
Really good point. Maybe OP should start by sending a message formally stating they still have access to all these sensitive business details through the shared drive and requesting guidance on proper deletion once payment is received? That creates a paper trail showing they're trying to handle the info responsibly.
Just wanted to add something important that hasn't been mentioned yet. When you're dealing with after-tax funds in a SEP IRA that were never reported, you need to be careful about the statute of limitations. Generally, the IRS has 3 years to audit your returns, but this can be extended in certain situations. In your case, since these contributions weren't reported at all, you might want to consult with a tax professional about any potential risks before proceeding with the conversion. Also, make sure you have documentation of those original contributions from 7 years ago - bank statements showing the transfers to the SEP, etc. The more documentation you have to support your claim that these were after-tax contributions, the better off you'll be if there are any questions.
Thanks for bringing this up - I hadn't considered the statute of limitations angle. Do you think filing the Form 8606 now for those old contributions might trigger some kind of review of those past tax years?
Filing Form 8606 now for old contributions typically doesn't automatically trigger an audit, but it does put those years on the IRS's radar. The good news is that you're trying to comply with the rules by properly documenting your basis in the IRA, which looks better than if they discovered the unreported contributions some other way. The key is documentation - make sure you have records of all those contributions and be prepared to show they were made with after-tax dollars. If you're concerned, working with a tax professional who specializes in IRA issues might be worth the investment to ensure everything is handled properly and to help respond if the IRS does have questions.
Has anybody considered that the OP could potentially benefit from the losses in the SEP IRA? If the original contributions were $60k and current value is $38k, that's a significant loss. While you can't typically deduct IRA losses, if you liquidate ALL your IRAs (of the same type) and the total distribution is less than your basis, you might be able to claim the loss as a miscellaneous itemized deduction subject to the 2% AGI floor. Though I believe this was suspended under the TCJA until 2026.
This is incorrect information. The Tax Cuts and Jobs Act eliminated the deduction for IRA losses completely through 2025. Even before that, claiming such losses was extremely difficult and rarely beneficial due to the AGI limitations. Please don't give tax advice if you're not certain - it could cause serious problems for the OP.
My understanding is that there are some rare exceptions to the 90-day deadline for Tax Court petitions. I think they're called "equitable tolling" situations. If you had some extraordinary circumstance like being in the hospital or deployed in the military, it might be worth mentioning that in a follow-up to the Tax Court.
That's interesting. I didn't have any extreme circumstances like that though. Just poor planning and procrastination on my part unfortunately. Do you know if the IRS ever just "forgives" these situations if I explain it was an honest mistake?
The IRS generally doesn't "forgive" missed deadlines just because it was an honest mistake. They hear that all the time. If it was truly just procrastination, you'll need to follow the pay-first-then-claim-refund route the others mentioned. However, there was actually a recent Supreme Court case (Boechler v. Commissioner) that established equitable tolling could apply for certain tax deadlines, though that was for Collection Due Process cases, not deficiency notices. Still, tax law continues to evolve on these issues.
Has anyone dealt with amended returns being processed during this type of situation? I filed an amended return like OP did and I'm wondering how long it typically takes the IRS to process those compared to regular returns?
In my experience, amended returns are taking FOREVER right now - like 6+ months. I filed one in April and it's still "processing" according to Where's My Amended Return tool. But that's separate from the Tax Court deadline issue. The amended return won't stop the deficiency assessment if you missed the petition deadline.
Just wanted to add that if you're using Schedule C and Form 8995A, don't forget about the Section 199A deduction which is related to your Qualified Business Income. It's basically a 20% deduction on your net business income if you're below those income thresholds someone mentioned. Also, since you have HSA contributions with an HDHP, make absolutely sure you're maximizing that! For 2024, you can contribute up to $4,150 for individual coverage or $8,300 for family coverage (plus $1,000 catch-up if you're 55+). This is literally the best tax advantage available - it goes in pre-tax and comes out tax-free for medical expenses.
Thanks for the reminder about the Section 199A deduction! Is that handled automatically through Form 8995A or do I need to do something else to claim it? For the HSA, I'm contributing the maximum for individual coverage. One question though - if I switch to family coverage mid-year, can I contribute the full family amount or is it prorated?
Form 8995A is specifically for calculating your Section 199A (Qualified Business Income) deduction, so no need to do anything additional. It flows automatically to your 1040. For HSA contributions after switching to family coverage mid-year, it gets a bit complicated. You can actually contribute the full family maximum ($8,300 for 2024) if you're still covered by a family HDHP on December 1st and remain covered for the full calendar year of 2025 (called the "last-month rule"). If you don't maintain coverage through December 2025, you'd need to prorate your contribution based on how many months you had each type of coverage.
Don't forget that your self-employment tax (Schedule SE) is based on 92.35% of your net earnings from self-employment, not the full amount! This trips up a lot of first-timers. The reason is that employees only pay half of FICA taxes while employers pay the other half, but self-employed people pay both halves. The 7.65% reduction compensates for this. Also, you can deduct half of your self-employment tax on Schedule 1, line 15. This is an adjustment to income, so you get this deduction even if you don't itemize.
Just a quick correction - the SE tax is actually 15.3% (12.4% Social Security + 2.9% Medicare) on that 92.35% of net earnings, up to the Social Security wage base limit ($168,600 for 2024). Then 2.9% Medicare tax continues beyond that with no limit, plus an additional 0.9% for high earners. But your point about deducting half on Schedule 1 is super important - loads of people miss that and it's a significant deduction!
Joshua Wood
Lots of good advice here but one thing: If you ever need to visit a client or customer directly from your home on days you work from home, that travel may be deductible since you're going from one workplace (home office) to another business location that's not your regular place of business. It gets complicated but keep track of all business-related travel just in case!
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Justin Evans
ā¢This is actually incorrect information. Traveling from your home to ANY client is considered commuting by the IRS and isn't deductible - even if you have a home office. The only exception is if your home office is your principal place of business AND you're traveling to a temporary work location.
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Emily Parker
Has anyone used IRS Publication 463? It covers all of this transportation deduction stuff in detail. Pages 14-15 specifically talk about the difference between deductible travel and non-deductible commuting. Helped me figure out my similar situation with multiple workplaces.
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Aaron Lee
ā¢Thanks for the reference! I'll definitely check out Publication 463. I'm trying to understand all the rules before I file my 2025 taxes and want to make sure I'm claiming everything I'm legitimately entitled to without raising any red flags.
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