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One important consideration - if your client owes back taxes and has limited assets/income, you might want to explore the IRS Fresh Start program options. For substantial back taxes, an Offer in Compromise might be viable if the collection potential is low. I had a client in a similar situation (12 years unfiled), and after we submitted 6 years of returns, we were able to settle a $65,000 tax debt for about $8,500 based on their financial situation. Make sure you fully explore all resolution options once the returns are filed.
This is super helpful! I hadn't even thought ahead to resolution options yet. Any tips on documentation needed for the Offer in Compromise? I suspect my client will have significant tax debt once we figure out all the unfiled years.
For the OIC, you'll need comprehensive financial documentation - recent bank statements (3 months), pay stubs, vehicle registrations, property records, investment accounts, retirement accounts, credit card statements, loan statements, and monthly expense documentation. The IRS Form 433-A (individual) or 433-B (business) will be required. The key is accurately documenting your client's collection potential. This includes liquid assets, equity in property, and future income potential minus allowable expenses. If your client has few assets and limited income, that strengthens the OIC position. Make sure to fully document any hardship conditions or special circumstances that would justify accepting less than the full amount owed.
Has anyone considered the potential for Streamlined Filing Compliance Procedures in this case? It's mainly for international cases, but might be worth exploring if there's any foreign income or assets involved.
Streamlined procedures only apply to international situations with unreported foreign assets/income. If this is purely domestic, it wouldn't qualify. Regular voluntary disclosure through filing the required back returns is the way to go.
Another strategy to consider is passing the property to your heirs instead of selling it. When you die, the property gets a "step-up" in basis to the fair market value at your date of death, which effectively wipes out all the depreciation recapture tax! Obviously this only works if you don't need the money from selling during your lifetime, but it's a huge tax advantage that can save your heirs a fortune in taxes if they decide to sell.
Does this step-up in basis apply even if the property is held in an LLC? My tax guy told me it might not work the same way.
The step-up in basis generally applies regardless of whether the property is in an LLC or not, as long as it's what's called a "disregarded entity" or a pass-through LLC for tax purposes. If you have a single-member LLC or a multi-member LLC that files as a partnership, the step-up should still apply. Where your tax guy might be cautious is if you have an LLC that's elected to be taxed as a corporation. In that case, the rules get more complicated and the step-up might not apply in the same way. The ownership is of the corporate shares, not directly of the real estate.
I'm actually dealing with this exact issue right now! I've been taking depreciation on my rental for 8 years (about $9,800/year in deductions) and now I'm selling. My accountant just showed me that I'll owe about $22,000 in depreciation recapture taxes! I was in the 22% bracket all those years, so I saved about $17,200 in taxes while owning (22% of $78,400 total depreciation). But now I'm paying $22,000 back (25% of $78,400). So I'm actually LOSING $4,800 just from the tax rate difference! My accountant says the only reason it still worked out okay for me is that I invested those tax savings each year and they grew to more than make up the difference. But if I had just spent that money, I'd definitely be worse off!
Wait but didn't you also make money on the property appreciation itself? Seems like you're only looking at one piece of the puzzle.
I ran into this same issue and figured out a workaround in Quickbooks. You can actually set up the asset with a "Do Not Depreciate" setting in the asset account. Here's what I did: 1. Set up the vehicle as a fixed asset 2. When prompted about depreciation, select "Do Not Depreciate" 3. Add a note in the description field "For Bonus Depreciation in TurboTax" 4. Complete the asset setup This way, your books show the correct asset value, but Quickbooks won't create any depreciation entries that might conflict with TurboTax. When you import, TurboTax sees a clean asset ready for the bonus depreciation treatment.
But doesn't this mess up your book value in Quickbooks for future years? If you don't depreciate it at all in Quickbooks, won't your financial statements show an asset that should be fully depreciated?
That's a really good point about the book value. In January of the following year (2023), after you've filed your taxes, you should go back to Quickbooks and add a manual depreciation entry that matches what you took on your tax return. This way, your financial statements will reflect the proper book value going forward. Think of it as keeping two separate depreciation tracks - tax depreciation (handled in TurboTax) and book depreciation (which you'll update in Quickbooks after filing). The key is to not have any depreciation in Quickbooks during the import process to avoid duplication.
Don't forget that the rules for bonus depreciation are changing! For assets placed in service in 2022, you can still take 100% bonus depreciation, but for 2023 it drops to 80%, and continues to phase down by 20% each year after. If you have other asset purchases planned, you might want to accelerate them to maximize the depreciation benefit.
Is there any chance Congress extends the 100% bonus depreciation? I've heard rumors they might keep it at 100% to help small businesses, but haven't seen anything official.
There's always a possibility that Congress could extend the 100% bonus depreciation, but I wouldn't count on it. While there have been some discussions about extending certain business tax benefits, nothing concrete has been proposed regarding bonus depreciation specifically. The phased reduction (100% to 80% to 60%, etc.) was built into the original Tax Cuts and Jobs Act legislation with the specific intent of gradually reducing the benefit. For planning purposes, it's safer to assume the reduction will continue as scheduled unless you hear official news about an extension. If you have planned asset purchases and can move them up to qualify for the higher percentage, that's the more conservative approach.
One important thing nobody's mentioned - as a 1099 contractor, you really need to be making QUARTERLY estimated tax payments to avoid this situation next year. The IRS expects you to pay as you earn throughout the year, not just at tax time. For the rest of 2025, you should calculate roughly 25-30% of your income each quarter and submit estimated payments using Form 1040-ES. The due dates are April 15, June 15, September 15, and January 15 of the following year. This way you won't end up with another massive bill next April, plus you'll avoid underpayment penalties which the IRS probably charged you this time too.
This is really helpful advice. Do you know if TurboTax can help me calculate how much I should be paying quarterly? Or should I just put aside 30% of everything I make to be safe?
TurboTax can give you estimated quarterly payment vouchers based on your previous year's income, but since your situation has changed, it might not be accurate. For simplicity, I'd recommend setting aside 30% of every payment you receive in a separate savings account dedicated to taxes. Then each quarter, calculate your actual tax obligation more precisely (or use a tax calculator online) and make your payment. Whatever is left in the account after your quarterlies can go toward retirement savings or other goals. This approach gives you a buffer and prevents nasty surprises.
Don't forget to check if your state requires quarterly estimated taxes too! I made this mistake my first year as a contractor - paid federal quarterlies but completely forgot about state taxes. Got hit with underpayment penalties from my state that could have been easily avoided.
Tony Brooks
Wait so is anyone able to start filing electronically on Jan 27th? Or do we have to wait until we get all our W-2s and stuff? My employer is always late sending those out.
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Ella rollingthunder87
ā¢Technically you can file as soon as the season opens IF you have all your documents. But employers aren't required to send W-2s until January 31st. So unless your employer sends them early, you'll need to wait. Don't file without all your documents! I made that mistake once and had to file an amendment, which was a huge pain.
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Tony Brooks
ā¢Thanks for clarifying! I'll wait till I have everything then. Don't want to deal with amendments or worse, getting audited for missing information.
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Yara Campbell
Has anyone heard if the refund delays will be better or worse this year? Last year I filed on the first day and still waited 6 weeks for my refund. IRS kept saying it was "being processed" when I checked the Where's My Refund tool.
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Isaac Wright
ā¢I filed early last year too and got my refund in 2 weeks with direct deposit. But I have a super simple return with just one W-2 and standard deduction. I think complexity matters more than when you file.
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