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For anyone looking to file prior year returns, make sure you're using the correct forms for that specific tax year! The IRS changes forms slightly every year, and you MUST use the forms for the specific tax year you're filing. You can find prior year forms on the IRS website: https://www.irs.gov/forms-pubs/prior-year Also, remember that you CANNOT e-file prior year returns. You must print them out and mail them in. Make sure to send them to the correct IRS address for prior year returns (it's different from the regular address), and I strongly recommend sending them certified mail so you have proof of when they were delivered.
Is there a deadline for the IRS to process prior year returns and issue refunds? I filed my 2021 return about 2 months ago and haven't heard anything.
The IRS doesn't have a specific deadline for processing prior year returns, but they typically take longer than current year returns. Prior year returns are usually processed manually rather than through their automated systems, which adds to the processing time. Generally, you can expect a processing time of 6-12 weeks for paper returns, but for prior year returns, it can sometimes take 16 weeks or more. If it's been more than 16 weeks since you submitted your return, you can call the IRS or use their "Where's My Refund" tool, though that tool sometimes doesn't work well for prior year returns.
Just a heads up, the child tax credit amount for 2021 was different depending on the child's age. For kids under 6 (which would be your case since baby was born in 2020), it was up to $3,600. For kids 6-17, it was up to $3,000. But remember, the amount you get phases out based on your income. For 2021, the phase-out started at $75,000 for single filers and $150,000 for married filing jointly. Also, some people received advance payments of the credit during 2021. If you did get any of those monthly payments, you'd need to subtract that from the total credit amount when you file.
Actually I think there was a separate phaseout for the additional amount over $2,000. The original $2,000 CTC didn't start phasing out until $200k single/$400k married.
You're absolutely right, thanks for that correction! The 2021 Child Tax Credit had two different phase-out thresholds: The enhanced portion (the extra $1,600 for kids under 6 or $1,000 for kids 6-17) started phasing out at $75,000 for single filers and $150,000 for married filing jointly. The base $2,000 credit didn't start phasing out until $200,000 for single filers and $400,000 for married filing jointly. This was one of the more confusing aspects of the 2021 tax changes. Thanks for pointing that out!
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.
One strategy you're missing - consider a Charitable Remainder Trust if the profit share is substantial. You can contribute appreciated assets to the trust, get an immediate partial tax deduction, then receive income from the trust for years while deferring capital gains. Eventually what's left goes to charity. Also look into opportunity zone investments for deferring and potentially reducing capital gains. The tax benefits have decreased from when they first started but might still be worth exploring depending on your timeline.
The charitable remainder trust is interesting but wouldn't work in my case since I don't own the asset - it's just a profit share agreement that pays out when the company sells. Could opportunity zone investments still work after I receive the payout? How quickly would I need to invest in one after getting the profit share payment?
You're right about the CRT - it only works for assets you currently own, not future payments you'll receive. Sorry I missed that detail. For opportunity zone investments, you generally have 180 days from realizing the capital gain to reinvest into a qualified opportunity fund. So you could potentially use this strategy after receiving your profit share payout. The deferral benefits aren't as strong as they were initially, but you can still defer the tax until 2026 and potentially reduce your taxable gain by 10% if you hold the investment long enough.
Have you considered using installment sales for your investments? If you buy assets now and sell them around when your profit share hits, you could potentially structure those sales as installment sales to spread the gains/losses over multiple tax years. This gives you more flexibility to match losses against your profit share gain. Also, don't overlook state tax implications. Depending on your state, you might want to consider establishing residency in a lower-tax or no-income-tax state before your profit share pays out. Obviously this is a major life decision but could save significant money if we're talking about a large payout.
Installment sales are complicated though right? I tried to do one last year and my tax software couldn't handle it - ended up needing to pay an accountant extra to file correctly.
Another approach to consider: instead of using 529 funds for ALL your qualified expenses, you could pay some expenses out of pocket or with student loans, then use those expenses to claim education credits. For my daughter's education, we calculated the optimal mix: we used 529 funds for room and board (which qualify for tax-free 529 distributions but not for education credits), and then paid tuition with other funds so we could claim the AOTC. You need to carefully coordinate this since timing matters - the education expenses have to be paid in the same tax year you're claiming the credit.
Thanks for that strategy idea! How do you determine what the right split is between using 529 funds versus other money? Do you need to keep really detailed records to show which expenses were paid from which source?
The ideal split depends on maximizing your education credits. For the American Opportunity Credit, you need $4,000 in qualified expenses to get the full $2,500 credit. So I typically recommend paying at least $4,000 of tuition/fees from non-529 sources, then using 529 funds for remaining tuition and all room/board expenses. Yes, good record-keeping is essential! Keep copies of all tuition statements, receipts for books/supplies, and documentation showing which payment method was used for each expense. I create a simple spreadsheet each semester showing expense type, amount, date paid, and payment source. This has been extremely helpful during tax season and would be crucial documentation if ever audited.
My tax preparer actually advised AGAINST this strategy last year, telling me the IRS might flag it as suspicious. But after doing more research and talking with other tax professionals, I realized he was wrong. The key is proper documentation. I made sure to keep: - The 1098-T from my university - My 529 distribution statements - A written explanation of my election to treat part of the distribution as taxable - Calculations showing how much of the distribution was being treated as taxable I ended up saving over $1,800 by making $4,000 of my qualified expenses taxable so I could claim the AOTC. Remember that the AOTC is partially refundable (up to $1,000), which means you can get money back even if you don't owe any tax!
Keisha Johnson
For next year, you might want to adjust your W-4 to account for your freelance income. You can request additional withholding from your regular job to cover the taxes on your freelance work. Just figure out roughly what percentage you'll owe (about 25-30% is a safe estimate) and divide that across your paychecks for the year. This way you won't get surprised by a low refund next year!
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Sofia Torres
โขHow exactly do I calculate the right amount of extra withholding to put on my W-4? Is there a formula or calculator you'd recommend?
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Keisha Johnson
โขA simple approach is to take your expected freelance income for the year and multiply it by 30% (which covers both income tax and self-employment tax for most people). Then divide that amount by the number of pay periods you have at your regular job. For example, if you expect to make $5,000 in freelance income and get paid bi-weekly (26 pay periods), you would calculate: $5,000 ร 0.30 = $1,500 in estimated taxes รท 26 pay periods = about $58 extra withholding per paycheck. You'd put that amount on line 4(c) of your W-4 form. The IRS also has a tax withholding estimator on their website that's more precise if you want to get it exactly right.
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Paolo Longo
You should look into making estimated quarterly tax payments for your freelance income. It's actually required if you'll owe more than $1000 in taxes from income that doesn't have withholding. The due dates are April 15, June 15, September 15, and January 15 (of the following year). This way you won't have a surprise at tax time AND you avoid potential underpayment penalties. The IRS Form 1040-ES helps you calculate how much to pay each quarter.
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CosmicCowboy
โขI've been doing freelance work for years and never made quarterly payments (don't tell the IRS lol). Never had any penalties. Is it really that important?
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