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My accountant told me something important about software deductions - make sure your wife keeps a record of when she started actually USING the software, not just when she purchased it. Take screenshots of her first project using it with dates visible. For my business, I had to prove the "in service" date for a major software purchase, and having those dated screenshots saved me when I got a letter from the IRS questioning my deduction timing.
Thanks for mentioning this! Do you know if email confirmation of the download/activation would count as proof? Or do we really need actual project screenshots?
Email confirmations of download/activation are a good start, but they only prove you received the software, not that you actually put it to business use. The IRS specifically looks for evidence of the software being used in your business operations. Project screenshots with visible dates, saved project files with creation timestamps, or even emails to clients mentioning you used the new software on their project can all serve as stronger evidence. I'd recommend keeping several different types of proof just to be safe. My accountant calls it the "belt and suspenders" approach to tax documentation.
Has anyone here actually been audited specifically about software deductions? I'm wondering if the IRS really cares about a $1400 software purchase or if we're all being paranoid. I've been deducting software for years and never had an issue.
I got audited last year and software deductions were absolutely part of what they examined. It wasn't the only thing, but they specifically asked for proof that the $3200 design software I purchased was actually used in my business and when I started using it. They disallowed part of another tech purchase because I couldn't prove I was using it exclusively for business.
5 One thing nobody's mentioned yet - have you considered leasing instead of purchasing? With your income level and business situation, a lease might actually be more advantageous tax-wise since you wouldn't need to worry about the Section 179 income limitation. You could deduct the business percentage of lease payments as ordinary business expenses against future income when your LLC becomes active.
3 Wouldn't leasing have limitations too though? I thought there were luxury auto restrictions on lease deductions as well? Plus don't you lose the potential appreciation of the vehicle as an asset?
5 You're right that there are luxury auto limitations on lease deductions, but they work differently than purchase limitations. With leasing, you can deduct the business percentage of your payments, subject to inclusion amounts for higher-priced vehicles. It's often more straightforward than dealing with Section 179 income limitations. As for asset appreciation - vehicles almost always depreciate rather than appreciate, so that's rarely a concern. In fact, with leasing, you avoid the risk of getting stuck with a rapidly depreciating asset. The main advantage in your situation would be that you don't need immediate business income to start taking some deduction, unlike with Section 179 which requires business profit to utilize fully.
14 Former IRS auditor here. Be VERY careful with this strategy. Taking a full vehicle deduction in an LLC with zero income is a massive red flag for audit. The "business purpose" test is crucial - you need to prove the vehicle is primarily used for legitimate business activities, not personal use disguised as business.
1 This is making me nervous now. Would starting with a cheaper vehicle be less likely to trigger an audit? I was also thinking about an SUV but maybe something in the $45k range instead of $95k?
Something important that hasn't been mentioned yet: If you're trading in a tax-advantaged account like an IRA or 401k, the wash sale rule doesn't matter at all! All the trades happen inside the account and don't trigger any immediate tax consequences. I learned this the hard way after spending way too much time stressing about wash sales in my Roth IRA. Since you don't pay taxes on gains within the account anyway, the wash sale rule is completely irrelevant. The problem only exists in taxable brokerage accounts where each sale is a reportable tax event. Just wanted to mention this in case anyone else was confused like I was!
Wait, so if I'm trading in my Roth IRA I don't need to worry about this at all? That's a huge relief for part of my portfolio! What about trading between a regular brokerage account and an IRA? Could that trigger wash sales?
You're completely safe trading within your Roth IRA - no wash sale concerns there! Trading between accounts is where you need to be careful. The IRS considers trades across different accounts you own when applying the wash sale rule. So if you sell something at a loss in your brokerage account and then buy it within 30 days in your IRA, you could trigger a wash sale. What makes this particularly bad is that the disallowed loss gets added to the cost basis in your IRA, where it essentially disappears forever since IRAs don't benefit from cost basis adjustments.
Does anyone recommend any specific tax software that handles wash sales correctly? I tried using FreeTaxUSA last year and it was a nightmare trying to manually figure out all the wash sales from my trading.
TurboTax Premier has been decent for me with handling wash sales, but only if your brokerage provides a correct 1099-B with wash sales already calculated. If you're using a broker that doesn't adjust for wash sales on their forms, you're basically on your own with any software. I've heard H&R Block's premium version is also good for investors, but haven't tried it myself.
You may want to also contact your local post office about this. I had a similar situation and found out that sometimes mail carriers will "correct" addresses based on their knowledge of who lives where, and this can actually make problems worse. My mail carrier saw a name they recognized but with a slightly wrong address, and "helpfully" delivered it to me instead of returning it to sender. This made the problem persist longer because the IRS never got the returns that would have triggered them to fix the issue.
This is a really good point! The post office sometimes does "address corrections" based on carrier knowledge which can mask the real problem. Would talking to the postmaster help or is there a specific form for this too?
Talking to your regular mail carrier first is usually helpful, but if that doesn't work, yes - speaking with the postmaster at your local post office is the next step. There's actually a form called PS Form 3575Z "Employee-Generated Change of Address" that they can use to stop automatic "corrections" to specific addresses. The key is making sure they understand that redirecting the mail is masking a problem rather than solving it. Once my postal carrier understood the situation, they started marking the mail as "addressee unknown" and returning it, which eventually forced the IRS to fix their records.
In the meantime while yr waiting for the IRS to fix this, u might want to write "RETURN TO SENDER - NO SUCH PERSON AT THIS ADDRESS" in big red letters on any future notices. That's wat the postal regulations say to do, and its more likely to trigger a proper address investigation than just saying "wrong address
Dmitry Smirnov
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.
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Mei Liu
ā¢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.
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Dmitry Smirnov
ā¢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.
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ElectricDreamer
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.
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Ava Johnson
ā¢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.
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