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Ask the community...

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Manny Lark

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Another option that nobody has mentioned yet is that your dad could become a co-investor in the property instead of making it a loan. That way, there's no gift tax concern at all because he's not giving you anything - he's investing alongside you. You'd need to work out the ownership percentages and profit-sharing arrangement, but it could be cleaner from a tax perspective. When you do your cash-out refi, you could either buy out his share or both remain as owners.

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Payton Black

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That's an interesting approach I hadn't thought about. How would we structure the ownership in that case? Would we need to form an LLC or something similar to make it official?

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Manny Lark

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You don't necessarily need an LLC, though many investors do use them for liability protection. You could simply have both names on the deed with specified ownership percentages (like 50/50 or whatever split makes sense based on your contributions). The simplest approach would be to use what's called "tenants in common" ownership, which allows for different ownership percentages and doesn't have right of survivorship (meaning if something happens to one owner, their share goes to their heirs, not the other owner). When you're ready to buy him out after the refi, you'd execute a deed transferring his ownership percentage to you, which is a fairly straightforward process.

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Rita Jacobs

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This might be a dumb question, but why not just have your dad give you half now ($67.5k) and your spouse the other half ($67.5k)? The annual gift exclusion is $18k per person to each recipient, so your dad could give $18k to you and $18k to your spouse without filing anything ($36k total), and then file a gift tax return for the rest, which doesn't mean he'll pay tax, just that it counts against his lifetime exemption (which is over $12 million).

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Khalid Howes

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That's not entirely accurate. While the annual gift exclusion is $18,000 per person, your solution still requires filing a gift tax return (Form 709) for the amounts over $18,000 to each person. The dad would need to report $49,500 to each person as taxable gifts ($67,500 - $18,000 = $49,500). While you're right that this likely won't result in actual gift tax being paid due to the lifetime exemption, it's still additional paperwork and reduces the lifetime exemption amount. The loan approach with proper documentation is cleaner if they truly intend to pay the money back.

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5 Former tax preparer here. One thing to consider with a sole member LLC is whether you want to be taxed as a disregarded entity (default for single-member LLCs) or elect S-Corp taxation. If your profit is substantial (usually above $40-50K), electing S-Corp status could save you significant money on self-employment taxes. With S-Corp election, you pay yourself a reasonable salary (subject to FICA taxes) and can take the rest as distributions not subject to self-employment tax. Just be aware this comes with additional filing requirements and you'll need to run proper payroll.

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11 How do you determine what counts as a "reasonable salary"? I've heard the IRS watches this closely. Is there a specific percentage of income that's considered safe?

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5 There's no fixed percentage that's automatically considered "reasonable" - it depends on your industry, location, expertise, and what similar positions would pay in your area. Research salary data for your role and industry in your geographic area as documentation. Generally, your salary should be comparable to what you'd pay someone else to do your job. Too low a salary relative to distributions is a red flag for IRS scrutiny. Some tax professionals suggest roughly 50-60% of profits as salary can be appropriate in many cases, but again, it's situation-specific. Document your salary determination process and keep that documentation with your tax records.

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16 Don't forget about the Qualified Business Income (QBI) deduction! As a sole member LLC, you might qualify for the 20% QBI deduction on your pass-through income. This is huge and often overlooked by new business owners!

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1 Is there an income limit for the QBI deduction? I've heard it phases out at higher income levels but couldn't find a clear answer online.

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I had this exact issue and what worked for me was sending a certified letter with return receipt requested containing: 1. A cover letter explaining the situation and referencing the notice number 2. A copy of the complete tax return clearly marked "COPY - PREVIOUSLY FILED" 3. Bank statements showing the estimated payment was processed 4. A printout of my TurboTax summary showing when the return was prepared 5. IRS Form 8962 (Request for Transcript of Tax Return) to have them search their records again Most importantly, I included IRS Form 911 (Taxpayer Advocate Service Application) which gets your case assigned to an advocate who can help push things through the system. This made a huge difference in getting resolution.

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Ruby Blake

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This is great advice, but I think you mean Form 4506-T for the transcript request, not 8962 (which is for Premium Tax Credits). The Taxpayer Advocate suggestion is gold though - they really can help with these situations!

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You're absolutely right, thank you for catching that! It is Form 4506-T for requesting transcripts, not 8962. I mixed up my form numbers. The Taxpayer Advocate Service was definitely the key to resolving my case. They have more direct access to various departments and can often get answers when regular channels fail. They're especially helpful in cases like this where you have evidence the IRS actually received payment but is still sending non-filing notices.

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Double check that the notice is actually legitimate! There are a ton of IRS scams going around. What's the notice number at the top right corner? Legitimate IRS notices have specific formats (like CP59 for unfiled returns). Also, real IRS letters won't ask you to call a different number than the main IRS line and won't ask for unusual payment methods.

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It's a CP59 notice, and it directs us to IRS.gov and the main IRS phone number, so unfortunately I think it's legitimate. We also verified by calling the IRS directly (not using any number from the letter). I wish it was a scam - would be easier to deal with!

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Yep, CP59 is definitely a legitimate IRS notice for unfiled tax returns. Good job verifying independently by calling the main IRS number. Since we're dealing with a 2020 return (filed in 2021), you should know the IRS is still working through a massive backlog from the pandemic years. Paper returns especially got backed up severely. I've seen cases where returns were sitting in trailers in IRS parking lots for months before processing. Even with the payment being processed, the physical return could have been separated or lost. Follow the advice others have given about sending a clearly marked copy with a detailed cover letter. Persistence is key with these situations!

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Emma Wilson

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I work at a tax preparation office (not giving tax advice, just helpful info). Whatever you do, DO NOT mail everything to both places! Here's the simple version: forms with "1040" at the top go to the IRS. Forms with your state name go to your state tax dept. TurboTax literally prints them in order - federal first, then state. There should be a cover sheet for each section.

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QuantumLeap

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Is there any way to tell if I actually owe money to the state vs federal? I'm paranoid I'm going to mail something to the wrong place and then get in trouble for not paying.

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If all else fails, you could take everything to a local tax professional or even a place like H&R Block and pay them a small fee to sort it for you. Probably cheaper than the headache of doing it wrong and dealing with notices later!!

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Ravi Kapoor

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Have you tried requesting your tax transcript directly from the IRS? It might include the calculation you need without paying your CPA. You can get them online at irs.gov or by mail with Form 4506-T. The wage and income transcript might show the breakdown. Also, while the CPA charging for additional work is standard, $700 is steep for just pulling existing calculations. Most firms I've worked with would charge maybe $100-200 for that kind of request. Might be worth pushing back on the price.

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Amina Toure

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I did get my transcripts but they don't show the detailed calculations for the Section 1341 credit. They just show the final number on the return. That's the problem - the IRS wants to see HOW we arrived at that number, and those worksheets weren't included with my filed return. I ended up using one of the suggested methods above and got it resolved though. Definitely wasn't paying $700 for calculations that should have been included originally!

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Just wondering, did your original engagement letter with the CPA specify anything about audit support or providing documentation after filing? That would determine if they're being reasonable or not. I've had CPAs include limited audit support in their original fee, while others charge separately. $350/hr is a standard rate for a CPA, but 2 hours seems excessive just to send existing docs. Might be worth asking if they can reduce the time estimate.

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Omar Mahmoud

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I worked at a CPA firm for years. Most engagement letters specifically exclude audit representation, but they should be willing to provide copies of work they've already done at a minimal charge. We used to charge a $50-75 admin fee for pulling and sending existing worksheets. $700 is definitely taking advantage of the situation.

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