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One thing I haven't seen mentioned yet - if your client is REALLY struggling financially, you might want to look into Currently Not Collectible (CNC) status before trying an OIC. If they genuinely can't afford to pay anything, the IRS might put their account into CNC status temporarily, which pauses collection activities. Interest and penalties still accrue, but it gives them breathing room to improve their financial situation. Then they could move to a payment plan or OIC later when they're more stable.
I've heard about CNC status but wasn't sure if it would apply in this case. Would the IRS consider CNC even if my client has consistent income? Their issue is more that the total amount is overwhelming rather than having no income at all.
CNC status is based on ability to pay after necessary living expenses, not just on having income. If your client's income is being consumed by reasonable living expenses with nothing left over, they could still qualify. The IRS uses their Collection Financial Standards to determine what counts as necessary expenses. Have your client document all their actual expenses - housing, utilities, food, healthcare, transportation, etc. If these legitimate expenses leave little to nothing for tax payments, they have a case for CNC status even with steady income. The IRS would rather put someone in CNC temporarily than force them into a payment plan they can't maintain.
Has anyone mentioned the 10-year statute of limitations? The IRS generally has 10 years from the date of assessment to collect taxes. So if your client is truly in dire financial straits and qualifies for Currently Not Collectible status as another commenter mentioned, some of that debt might eventually "age out" if they remain in hardship for years. Obviously this isn't a primary strategy to recommend, but it's something to be aware of when looking at the total picture.
Be careful with this advice! The 10-year clock doesn't start until the tax is assessed, which can't happen until the return is filed. For unfiled returns, the clock hasn't even started ticking yet. Plus, certain actions can extend that 10-year period, like requesting an installment agreement or filing bankruptcy.
Check if you qualify as an independent student on the FAFSA. You automatically qualify if you're 24+, married, have dependents, are a veteran, emancipated minor, or were in foster care. Also look into your school's professional judgment process - some schools have emergency funds specifically for situations like yours.
I don't qualify as independent under any of those categories unfortunately. I'm 20, unmarried, and don't have kids. What's the professional judgment process? Is that different from the dependency override?
Professional judgment is different from dependency override. While dependency override changes your dependency status completely, professional judgment allows financial aid administrators to adjust your financial aid package based on special circumstances. In your case, you'd still need to file as dependent, but the financial aid office could potentially adjust your Expected Family Contribution based on the fact that you're not actually receiving support from your step-father despite what the FAFSA calculations assume. This might not solve your immediate filing problem, but could help with actual aid amounts if you do manage to submit your FAFSA.
Another suggestion - talk to your benefactor directly about this situation. Be completely honest about the tax issues. They might have connections with the school or alternate ways to fund your education until the FAFSA situation is resolved.
One thing nobody mentioned yet is keeping good records! I learned the hard way that whichever method you choose, you NEED to track: - Exact mileage (starting/ending odometer readings) - Date of each trip - Business purpose - All receipts for gas, repairs, insurance, etc. I got audited in 2023 and lost a $8,200 vehicle deduction because my records were trash. Now I use MileIQ app to track everything automatically. Don't make my mistake!!
Does the app separate business vs personal miles automatically? That's the part I always mess up. Also, does it integrate with any tax software?
The app lets you swipe right for business trips and left for personal ones after each drive, so it's not fully automatic - you still need to classify them. But it does track all the other details automatically (date, time, route, mileage). And yes, it can export to Excel or CSV formats that work with most tax software. I use TurboTax and it imports the data pretty seamlessly. The peace of mind knowing I have audit-proof records is totally worth the small effort of swiping each day.
For what it's worth, I've done both methods for my HVAC business over the years, and I found that if you drive more than 15,000 business miles per year, standard mileage usually works better unless you have a gas-guzzling truck or tons of repairs. If you drive a vehicle with high maintenance costs or poor gas mileage, actual expenses tends to be better. For my F-250 work truck, actual expenses saved me about $2,100 over standard mileage last year. Also remember - if you use standard mileage, you can STILL deduct business parking fees and tolls separately! A lot of people don't realize this.
This is super helpful perspective! My truck definitely falls into the "gas guzzler with high maintenance" category - it's a 2018 F-150 and I spent almost $4,300 on repairs last year plus all the gas. Sounds like I should really run the numbers on actual expenses based on your experience.
Definitely run the numbers with your specific situation. One other tip - if you go with actual expenses, don't forget to include less obvious costs like depreciation, property taxes on the vehicle, and even insurance. Those can really add up! A vehicle like yours with high repair costs often does better with actual expenses, especially if you're keeping all your receipts. Just remember that with either method, you need to track your business vs. personal miles to determine the business use percentage.
One thing people haven't mentioned - if you have any investments abroad, you might need to file FATCA forms too (Form 8938). The threshold is higher than FBAR but it's another reporting requirement. Also, make sure any business you partially own isn't considered a Passive Foreign Investment Company (PFIC) - that has complicated tax consequences. Your business probably isn't based on what you described, but worth checking.
Thanks for bringing that up! I hadn't considered FATCA at all. My investments are pretty minimal, but I should definitely check if they exceed the threshold. Do you know if the 40% ownership in my small company would trigger any special filing requirements? It's definitely not a passive investment - we actively run the business together.
Your 40% ownership in an active business where you're actually working probably won't trigger PFIC concerns, but it might require you to file Form 8858 (for foreign disregarded entities) or Form 8865 (for foreign partnerships), depending on how your business is structured in Argentina. These forms basically just disclose your ownership interest to the IRS. Since you're actively involved in the business, you would report your income as self-employment income on Schedule C, and you'd need to pay self-employment tax unless there's a totalization agreement between the US and Argentina. The income itself might be excludable via the Foreign Earned Income Exclusion, but the SE tax often still applies.
When you move to the US, be prepared for the reality shock of filing US taxes. As someone who moved here from Australia 5 years ago, the tax system here is MUCH more complicated than most other countries. Start learning about state taxes too, because depending on which state you move to, the rules can be completely different. Some states have no income tax (like Florida and Texas) while others have high rates (California, New York).
Emma Thompson
Something important that nobody mentioned yet - if you're filing for 2022 this late, make sure you're using the correct forms and rules for that tax year! The child tax credit changed between 2021, 2022, and 2023. For 2022 specifically, the maximum credit was $2,000 per qualifying child with up to $1,500 potentially refundable. The expanded CTC from 2021 (which was fully refundable) expired and wasn't available for 2022. Also, don't forget that even with zero income, you still need to file a return to claim tax credits in most cases. The IRS won't automatically send you anything if you don't file!
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Connor Murphy
ā¢Thanks for mentioning this! I didn't even consider that the forms might be different since I'm filing late. Do you know if there's a penalty for filing 2022 taxes this late if I'm owed a refund?
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Emma Thompson
ā¢There's generally no penalty for filing late if you're owed a refund! The IRS is actually happy to hold onto your money longer. However, there is a time limit - you must file your return within 3 years of the original due date to claim any refund. For 2022 taxes, that means you have until April 2026 to file and still get any refund you're entitled to. Just be sure to clearly mark which tax year you're filing for on your forms, and I'd recommend filing the 2022 and 2023 returns separately rather than at the same time to avoid any confusion. And definitely use tax software or forms specific to the 2022 tax year rather than current forms.
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Malik Davis
Has anyone used TurboTax for claiming a newborn when filing late? I'm in a similar situation (baby born Oct 2022, filing now) and wondering if their software handles this correctly or if it gets confused with the different tax years?
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Isabella Santos
ā¢I used TurboTax last month to file my late 2022 return with a December baby. It works fine - they keep the old tax year versions available. Just make sure you specifically select "2022" when you start, not the current year. It'll ask when your child was born and automatically figure out that they count for the full year even though they were born in December.
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