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Be really careful with writing off your flip materials from your landscaping business! I did this exact thing and got audited. The IRS reclassified everything, disallowed my deductions, and hit me with penalties and interest. My $12k tax savings turned into a $20k+ nightmare. The IRS is pretty strict about keeping these activities separate. For flips, you should be tracking all costs (materials, labor, permits, etc.) and adding them to the property's basis. You'll recoup these when you sell. If you've already been writing these off as landscaping business expenses, consider filing amended returns before they catch it.
Did you have any warning signs before the audit happened? Like did they send letters first or just launch straight into a full audit?
I'm a rental property owner and wanted to add: while you can't immediately deduct the materials for building your rentals, consider exploring the BRRRP strategy (Buy, Rehab, Rent, Refinance, Repeat). This lets you pull cash out after establishing equity, which is untaxed since it's debt, not income. Also, look into Qualified Business Income deductions for your rental activity if you can qualify as a "real estate professional" for tax purposes. With your construction background, you might meet the hours requirement. For your specific question about the flip materials you already deducted - that's problematic. Those should have been capitalized to the property's basis. Consider talking to a tax attorney about amendment options before an audit happens.
One thing nobody mentioned yet - check if you actually did receive prior notices. The IRS is required to send multiple notices before sending debt to collections. Pull your IRS account transcripts (can be done online) and it will show all notices sent to you. If they sent notices to an old address or there's no record of prior notices, that strengthens your case for abatement. Also, 1065 penalties are especially harsh because they're designed to enforce timely filing for information returns. The $195/month/partner can add up quickly, which explains your $4950 penalty for what seems like a simple mistake.
That's a great point about checking the transcript for prior notices! I'll definitely do that. Our business did move offices in early 2023, and I'm now wondering if notices were sent to our old address even though we filed a change of address form. Is there a specific way to mention this when requesting abatement?
If your transcript shows notices were sent but you never received them because of an address issue, definitely mention that when requesting abatement. This falls under "reasonable cause" arguments. Specifically say: "We filed Form 8822-B to change our business address, but it appears notices were sent to our previous location. We never had the opportunity to respond to the original notices before this went to collections." The IRS is generally understanding about address issues, especially if you can show you tried to update your information properly. This would be in addition to requesting First-Time Abatement, giving you multiple angles for relief.
I hate to be the pessimist, but be prepared for this to take multiple attempts. I had almost identical partnership penalties last year and the first abatement request was denied despite having a clean record. Had to call back, escalate to a supervisor, and be very persistent. Eventually got it abated, but it wasn't the easy one-call fix some people are suggesting. The IRS is incredibly backlogged right now.
I second this. My first request was denied too, but second time worked. The key was getting actual IRS transcripts that proved we had good filing history. Just saying "we've always filed on time before" isn't enough - they want to see proof in their system.
Has anyone used the IRS Tax Withholding Estimator on the official IRS website? I found it helpful for a similar situation.
Just to be clear, you're DEFINITELY not paying your employer's portion of payroll taxes. That's a completely separate thing that never shows up on your tax return. What you're experiencing is just the result of our progressive tax system when you have multiple incomes in a household. Each dollar of your income is essentially taxed at your highest marginal rate when added to your husband's income. So if his income put you in the 22% bracket, your additional income gets taxed at 22% (minus deductions). That's completely normal and how the system is designed to work, even though it can feel unfair.
Another perspective: I have three dry cleaning locations and used a tax preparer for years. Switched to a CPA two years ago and my tax bill dropped by nearly $7500 the first year. The difference? My CPA understood how to properly categorize equipment depreciation across multiple locations, helped restructure my business entity, and identified legitimate meal and vehicle deductions I was missing. For food businesses, there are TONS of industry-specific deductions a specialist might know. One tip: don't just get any CPA. Find one with restaurant/food service experience. They know the specific deductions and challenges in your industry.
Did your CPA also help you throughout the year or just at tax time? And how much more did you end up paying compared to your tax preparer?
My CPA definitely helps year-round. He reviews my books quarterly and advises on timing major purchases for maximum tax advantage. He's also helped me set up proper accounting for each location to track profitability separately. I pay about $2,200 per year compared to $650 for my former tax preparer, but with the tax savings and business insights, it's been one of my best investments. The first consultation was free, and he clearly explained how his strategies would save more than his fee.
One thing nobody has mentioned - ask your current tax preparer if they're an Enrolled Agent (EA). Some tax preparers have this credential, which means they're federally licensed and can represent you before the IRS just like a CPA. If your current preparer is an EA with small business experience, they might be perfectly qualified and cheaper than a CPA.
AstroAlpha
If you want to avoid calling altogether, you can also check your tax account online at IRS.gov. Create an account (if you don't already have one) and look at your account balance. It will show the actual amount you owe. If it only shows one penalty amount of $217.35, then that confirms you only need to pay once. The online account is pretty accurate and updates within a few days of notices being sent out. Might save you the hassle of calling.
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Fatima Al-Farsi
ā¢Thanks for this suggestion! I tried checking the online account but for some reason it's only showing our most recent return info, not this penalty. Is there a specific section where penalties would show up?
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AstroAlpha
ā¢The penalties should show up under the "Account" tab after you log in. Once there, look for a section called "Balance Details" or "Amount You Owe." It can take up to 5 business days for new penalties to appear in the system after notices are mailed. If you're not seeing it there, it's possible the penalty is still processing in their system. The other possibility is that if these notices were just sent, the online system hasn't been updated yet. The IRS isn't exactly known for their speedy technological updates!
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Yara Khoury
Just want to add - make sure to keep BOTH notices! Even if you only pay once, keep both in your records. The IRS sometimes has one department that doesn't know what the other is doing, and you might need to prove later that you received duplicate notices if they try to say you didn't pay one of them. Also check the payment vouchers carefully - sometimes they have different payment processing codes even if they're for the same penalty. In that case, use the voucher from the notice with the Caller ID.
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Keisha Taylor
ā¢Good point about keeping records! I had an issue where I paid one notice but the IRS later tried to collect on the "other" notice not realizing it was a duplicate. Having both letters saved me a huge headache.
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