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Ask the community...

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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.

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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?

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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.

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Amaya Watson

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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?

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Grant Vikers

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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.

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Something else to keep in mind - if you're claiming property tax deductions, make sure you're only deducting the actual tax portion and not any fees, penalties, or interest that might be included in your payment. Those other charges aren't deductible as property taxes. I learned this the hard way when I got audited a few years back. My county lumps everything together in the payment, but technically only the tax itself counts toward the property tax deduction.

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Riya Sharma

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Is there an easy way to separate these out? My property tax bill has the base amount plus like 4 different "special assessments" for things like schools and flood control. Are those considered part of the deductible property tax?

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Generally, special assessments for schools, flood control, and similar public improvements are deductible as property taxes as long as they're based on the assessed value of your property and apply to all properties in the jurisdiction. However, special assessments for local benefits that increase the value of your property (like sidewalks, streets, or water/sewer lines specifically for your neighborhood) are not deductible as taxes. The easiest way to separate these is to look at your property tax statement - it should itemize the different charges. If you're using tax software, it will usually ask you to enter only the deductible portions. Or if you work with a tax professional, they'll know how to properly categorize each item.

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Has anyone noticed if property tax deductions are even worth it anymore with the higher standard deduction? I paid about $9,000 in property taxes last year plus maybe $4,000 in state income tax, but my mortgage interest has dropped so much that I'm still better off with the standard deduction ($25,900 for married filing jointly).

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Millie Long

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It really depends on your total itemized deductions. Remember that itemizing includes property taxes, state/local income taxes (capped together at $10k), mortgage interest, charitable contributions, and some medical expenses. If all those combined exceed your standard deduction, then itemizing is worth it. But you're right that the higher standard deduction has made itemizing less beneficial for many homeowners.

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Zane Gray

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One thing to be careful about with Section 1231 gains is the "look back rule." If you had any 1231 losses in the previous 5 years, your current 1231 gains are treated as ordinary income to the extent of those prior losses. This could affect whether your full gain qualifies for OZ treatment. Also, remember that even though you can defer the tax until 2026, you'll eventually have to pay it. Make sure you'll have the liquidity to pay that tax bill when it comes due, since it's not forgiven - just deferred.

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Tasia Synder

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Thanks for bringing up the look-back rule - I hadn't considered that! I do have a small 1231 loss from a property I sold in 2023. So if I understand correctly, a portion of my current gain would be considered ordinary income rather than capital gain? Would that portion not be eligible for OZ investment?

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Zane Gray

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Yes, exactly. If you had a 1231 loss in 2023, a portion of your current 1231 gain would be recaptured as ordinary income to the extent of that previous loss. That recaptured portion would not be eligible for OZ investment, since OZ investments can only be made with capital gains. For example, if you had a $10,000 1231 loss in 2023 and now have a $50,000 1231 gain, $10,000 of your current gain would be treated as ordinary income and only the remaining $40,000 would be treated as capital gain eligible for OZ investment.

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Has anyone here actually invested in an OZ fund? I'm considering it but worried about limited options and high fees. Most of the funds I've looked at have 2% management fees plus performance fees, which seems high.

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I invested in an OZ fund after selling a small apartment building in 2022. The fees are definitely higher than typical investment funds, but remember you're getting tax benefits that can offset those costs. I went with a fund focused on multifamily development in emerging markets which aligned with my investment goals. Make sure you do due diligence on the fund manager's track record and understand the timeline - you need to hold for 10+ years to get the full tax benefits on appreciation. And be prepared for the tax bill in 2026 on your initial deferred gain.

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Miguel Ramos

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Another option to consider - if your stepchild is important to your business and you want those tax benefits, you could legally adopt them. I did this with my stepdaughter years ago, and besides the emotional benefits, it does qualify them for the same tax treatment as biological children. Obviously adoption is a big decision that shouldn't be made for tax purposes alone, but if you're already thinking about it for family reasons, it's an added benefit.

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Amara Chukwu

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That's interesting - I hadn't considered the adoption angle. We've actually talked about it before for family reasons, but I didn't realize it would also have this tax benefit. Do you happen to know how complicated the adoption process is for a stepchild? I'm guessing it's simpler than other adoptions.

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Miguel Ramos

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Stepchild adoption is generally much simpler than adopting a non-related child. The biggest hurdle is usually getting consent from the other biological parent, if they're still in the picture and have parental rights. In my case, the biological father had been out of the picture for years, so it was fairly straightforward. The process typically involves a home study, filing adoption papers with the court, and a hearing. Costs vary by state but are often lower for stepparent adoptions - ours was about $1,500 total including attorney fees.

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Has anyone considered just setting up an LLC taxed as an S-Corp and putting both yourself and your stepchild as shareholders? Might be a workaround for this whole issue and could have other tax advantages.

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That's actually not a great solution for this specific issue. Even with an S-Corp structure, payments to shareholders that are related to services performed are still considered wages subject to employment taxes. The IRS is pretty strict about ensuring reasonable compensation is paid for work performed. Additionally, there are restrictions on how S-Corp stock can be issued, especially to minors, and the administrative burden of maintaining an S-Corp is significant. For most small businesses, the cost and complexity of setting up and maintaining an S-Corp just to try to work around this rule would far outweigh any potential tax benefits.

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Schedule C, Fillable Forms & Self-Employment - Sanity Checks for Year 2 Filing (W2 + Business)

Hey fellow tax survivors! I'm in my second year using free fillable forms and my first year with a side business (while still working a W2 job), and I'm hoping for some validation on a few things. Just need to make sure I'm not screwing anything up royally. My situation: I've got regular W2 income from my day job, started a small business last year that's making some profit, have an HDHP with HSA contributions, and a bit of interest income from my savings. I've figured out my first question on my own (it was about Schedule SE Line 2 and Schedule K-1 Form 1065), but I'm still stuck on these: 2) On Form 8995A (Qualified Business Income Deduction), line 4 asks for "Allocable share of W-2 wages from the trade, business, or aggregation." I'm completely lost here. I understand it relates to the limit being "the lesser of 20% of total 1040 taxable income" from what I've read, but I'm not sure what to enter. My total 1040 taxable income? Just my business profit? (But that's not W2 income, right?) If I put 0, all the calculation lines show 0, which doesn't seem right based on what I know about the QBI deduction. Really confused about this one! 3) Based on my situation, here are the forms I think I need to file. Am I missing anything important? - Form 1040 (obviously) - Schedule 3 (for prepayments) - Form 8889 (for HSA) - Schedule B (for interest/bank bonuses) - Schedule C (business profit) - W-2 (employment income) - Form 8995A (QBI deduction) - Schedule SE (self-employment tax) Any help would be super appreciated! I'm trying to avoid making expensive mistakes.

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.

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Khalid Howes

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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?

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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.

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Kara Yoshida

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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.

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Philip Cowan

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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!

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