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Has anyone actually tried filing with the Form 4852 substitute W2? I'm worried the IRS will flag it immediately for an audit if the numbers aren't exactly right.
I've used Form 4852 twice when employers either sent incorrect W2s or I couldn't obtain them. Both times went smoothly - the IRS did not audit or question the returns. Just make sure your estimates are reasonable and as close as possible to the actual amounts. Using your final pay stub is the best approach since the YTD figures should be very close to the W2 amounts.
I'll give a totally different suggestion - go ahead and file an ADDITIONAL extension request Form 4868 today even though you already have one. It won't actually give you more time legally, but it creates a paper trail showing you're making good faith efforts. Then file your return with Form 4852 as mentioned above within the next week. The IRS is much more lenient with penalties when they see you're actively trying to comply rather than ignoring deadlines.
Former tax resolution employee here. These companies are SUCH a scam. They prey on people who are scared of the IRS and don't understand how the system works. The business model is basically: 1. Charge huge upfront fees (usually $3,000-5,000) 2. Drag the case out as long as possible 3. Eventually file the same paperwork you could do yourself 4. Claim they "saved" you money by getting you a payment plan Meanwhile your interest and penalties keep growing while they drag their feet. The salespeople (who call themselves "tax consultants") make huge commissions off the upfront fees, which is why they're so aggressive. The actual caseworkers are overloaded with hundreds of cases and barely do anything.
Is there ANY legitimate reason to use one of these companies? Like what if your tax situation is really complicated or you owe hundreds of thousands of dollars?
There are very limited situations where professional representation makes sense. If you're facing criminal tax charges, have a complex business situation with multiple years of unfiled returns, or owe massive amounts (typically $250,000+) with significant assets to protect, then you should hire a tax attorney (not a "tax relief" company). For most people owing under $100,000 with relatively straightforward situations, you can handle it yourself. The IRS has standardized procedures for payment plans, offers in compromise, etc. They follow their own internal guidelines regardless of who's asking. A decent tax preparer can give you guidance for a fraction of what these companies charge.
Did you sign a contract with Optima? You might be able to dispute the charges with your credit card company if they didn't deliver the services promised. I'd also file complaints with the BBB, your state attorney general, and the FTC. These companies need to be held accountable for these predatory practices.
Yeah I signed a contract but it was so vague about what they actually promised to do. Just said they'd "represent" me and "work toward resolution" without any specifics. I paid by direct withdrawal from my checking account, so I don't think I can dispute it like with a credit card. Been thinking about the BBB complaint though, good idea.
One thing I noticed is missing from your calculation - check if your client qualifies for any 1031 exchange. If they're planning to buy another investment property, they might be able to defer a big chunk of that tax bill. The rules are pretty strict though - they would need to identify potential replacement properties within 45 days of the sale and complete the purchase within 180 days.
Thanks for bringing that up! Unfortunately, she already closed on the sale in April without setting up a 1031 exchange, and she's planning to retire with the proceeds rather than buying another investment property. I definitely should have mentioned that in my original post. I'm more concerned with making sure I've got the tax calculation right so she knows exactly what she'll owe. I realized I should also check if she's eligible for any state-specific tax breaks since this is a pretty significant capital gain and she's in her 70s.
Has anyone dealt with a situation where the seller took bonus depreciation on capital improvements during the COVID years? I have a client who did this for a major HVAC system in 2020 and I'm not sure how that factors into the recapture calculations.
Yes, that's an important consideration. The bonus depreciation taken would still be subject to recapture, but at ordinary income tax rates (not just the 25% rate that applies to straight-line depreciation). Make sure you separate out the portion that was taken as bonus depreciation from the regular depreciation when calculating the tax. Also remember that for improvements made in 2020, they would have been eligible for 100% bonus depreciation, so likely the entire cost was written off in that year. You'll need to recapture all of that at ordinary income rates.
I had the same issue last year! The confusion comes from how FreeTaxUSA displays the information. The Earned Income Credit (EIC) is already included in your "TOTAL PAYMENTS" - that's why that number matches your EIC amount exactly. So your tax calculation is: Total Tax ($832) - Total Payments ($420) = Amount Owed ($412) If you weren't eligible for the EIC, your Total Payments would be $0 and you'd owe the full $832. So the credit is definitely working for you! FreeTaxUSA could definitely make this clearer in how they display it. TurboTax shows it differently which makes it easier to understand, but they charge way more for self-employment filing.
Is FreeTaxUSA good for self-employment returns? I've been using TurboTax but the fees are killing me for the self-employment version.
FreeTaxUSA is actually really good for self-employment returns and WAY cheaper than TurboTax. They include all the Schedule C forms and self-employment calculations in their free federal filing. You only pay for state filing (around $15). The interface isn't quite as polished as TurboTax, but it has all the same features for self-employment. It walks you through business income, expenses, home office deductions, vehicle expenses - everything TurboTax does but without the ridiculous upcharge for self-employment features. I switched three years ago and have saved at least $200 in tax prep fees since then.
Wait, I'm confused about something. If your total tax is $832 and your EIC is $420, then yes, you would owe $412. But where does the self-employment tax fit in? Is that part of the $832 or separate? I'm self-employed too and always confused about how all these numbers work together. Anyone know a simple way to understand this?
The self-employment tax is included in that $832 "Total Tax" amount. It's actually made up of two parts: 1. Self-employment tax (15.3% of your net self-employment income) 2. Income tax (based on tax brackets, but likely $0 in OP's case because of the standard deduction) Since their income after the standard deduction is $0 for income tax purposes, the entire $832 is probably just self-employment tax. The confusing part is that you still owe self-employment tax even when you don't owe income tax. Self-employment tax starts from dollar one of profit, while income tax only kicks in after your income exceeds the standard deduction.
Mei Liu
Here's another angle to consider - if you're using the car for work beyond your regular job (like a side gig or consulting), you might be able to deduct the business portion. I work full-time but also have an LLC for consulting, and I track my mileage for each client visit for my side business. I deduct that percentage of my auto expenses on Schedule C. The key is having legitimate self-employment income and keeping meticulous records. I use an app that tracks every trip and categorizes it as personal or business. Makes it super easy come tax time.
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Aisha Rahman
ā¢That's interesting! I've actually been thinking about doing some financial consulting on the side. How much of a side business do you need to have for this to be legitimate? And do you need to form an actual LLC, or could you just report the income on a Schedule C?
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Mei Liu
ā¢You don't necessarily need a formal LLC - that's just what I chose for liability protection. You can absolutely report side business income and expenses on Schedule C as a sole proprietor without forming any legal entity. As for how much business you need, there's no specific threshold, but the IRS does look for a profit motive. Generally, if you show a profit in 3 out of 5 years, they consider it a legitimate business rather than a hobby. Start tracking all business mileage from day one with a good app or logbook, noting the date, starting/ending mileage, purpose, and client. Just make sure you're only deducting the portion used specifically for your side business, not your main employment.
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Liam O'Donnell
Question about the standard mileage rate vs. actual expenses for a lease - which one is usually better? I've heard you have to use actual expenses for leases, but then someone else told me you can choose either method. Which is true?
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Amara Nwosu
ā¢For leases, you can actually use either method (standard mileage or actual expenses), but there's a catch: if you choose standard mileage in the first year, you can switch between methods in later years. But if you use actual expenses in the first year, you're stuck with that method for the duration of the lease. Most people find the standard mileage rate (65.5 cents per mile for 2023) simpler since you just track miles rather than every expense. But actual expenses might be better for luxury vehicles or in high-cost areas. Do a calculation both ways for your first year to see which gives you the bigger deduction.
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