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Need guidance on IRS payment plan options for multiple years of taxes owed - independent contractor situation

I'm a tax preparer but I've never encountered a situation like this and could use some advice from those who have experience with it. My client has been working as an independent contractor with Schedule C income for several years but hasn't filed taxes from 2021-2024. They've received 1099s for all these years but haven't made any estimated tax payments or extension payments to the IRS. I'm starting with the 2024 return first since that deadline is approaching, and then plan to tackle the previous years after tax season ends. Based on my calculations, they'll owe approximately $17K for 2024, and likely between $8K-13K for each of the prior years. Total tax debt will probably be around $50K. The client definitely doesn't have enough money to pay 2024 in full, let alone the earlier years. I've advised them to pay as much as possible with their 2024 filing, and explained that the IRS will eventually send a letter about payment options, but I'd like to be more proactive. What's the best approach here? Should we contact the IRS before they reach out to us? Are there specific payment plan options that would work better for this situation? I've also considered an Offer in Compromise after everything is filed, but since they have steady income, I'm not sure if they'd qualify. Some colleagues have suggested having them complete Form 433-F as a first step to evaluate options. Any guidance from those who've dealt with similar multi-year tax debt situations would be greatly appreciated!

Mei Wong

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Have your client look into the First Time Penalty Abatement program! If they haven't had any penalties in the previous 3 years, they might qualify to have the failure-to-file and failure-to-pay penalties removed for one tax year. This won't help with the actual tax or interest, but the penalties can add up to 25% of the original tax amount, so it's worth exploring. Typically, the IRS applies it to the earliest tax year that qualifies. Also, make sure they stay compliant going forward. Getting on a payment plan means they need to file and pay all future taxes on time, or the payment agreement will default.

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Does First Time Penalty Abatement work if you have multiple years unfiled? I thought it was only for a single mistake, not years of non-compliance.

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Mei Wong

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First Time Penalty Abatement only applies to one tax year, but even with multiple years unfiled, they can still qualify if they didn't have any penalties in the three years before the earliest unfiled year. So if 2021 is their earliest unfiled year, they'd need a clean compliance history for 2018-2020. You're right that it's designed for isolated mistakes rather than patterns of non-compliance, but the IRS often still grants it for the first year in a multi-year situation. The remaining years wouldn't qualify for first-time abatement, but might qualify under other reasonable cause arguments depending on the circumstances.

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Amara Okafor

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Make sure to warn your client that they'll need to stay SUPER on top of their estimated tax payments going forward! The IRS is much less forgiving with payment plans if you keep adding new tax debt on top of the old. I recommend having them set up a separate savings account just for taxes and automatically transfer 30% of each payment they receive. This was a game-changer for me after getting caught in a similar situation.

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That 30% recommendation is really smart. I used to only save 15% and kept getting surprised by how much I actually owed. Switching to 30% has made a huge difference. I even set up automatic transfers to my "tax" account whenever money hits my checking account.

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Just a tip - if you filed with TurboTax, log into your account and check if they have a refund tracker tool. Mine gave me a more specific estimate than the IRS site did. Also, if you're getting a sizable refund, you might want to adjust your withholding for this year so you're not giving the government an interest-free loan of your money. I changed mine after last year and now get more in each paycheck instead of a big refund.

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CyberSiren

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Thanks for the tip about the TurboTax tracker! Just checked and it does show a more specific estimate than the IRS site - says my refund should arrive by this Friday. That's a good point about withholding too. I've actually been thinking about adjusting mine. Do you just fill out a new W-4 with your employer to change it? Was it complicated to figure out the right amount?

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Yes, you just need to submit a new W-4 to your employer. It's not too complicated - the form has a worksheet that helps you calculate the right amount. You can also use the IRS's Tax Withholding Estimator online which is pretty user-friendly. The key is to think about your tax situation for the whole year - any major life changes, additional income sources, etc. I found that even with my adjustments, I still got a small refund this year (about $500) which I prefer to potentially owing money. It's kind of a balancing act.

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Just FYI - if you filed with a lot of credits and deductions, especially EITC or the Child Tax Credit, your refund could take longer even if it was "accepted." Acceptance just means the IRS received your return, not that they've processed everything. My sister's return took almost 6 weeks last year because of EITC verification.

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This is so true. I claimed EITC and my return was "accepted" on Jan 31 but my refund didn't come until March 12. The Where's My Refund tool just showed "processing" for over a month with no explanation. Super frustrating.

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One thing to watch out for - make sure you're tracking your crypto purchases and sales correctly. I used to just estimate and got audited. The IRS wants to see detailed records of every transaction with dates, amounts, and cost basis. The penalties can be rough if they think you're underreporting.

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Do you know if there are specific forms we need to use for reporting crypto specifically? Or is it just the normal capital gains reporting forms?

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For cryptocurrency transactions, you'll use the same forms as other capital assets - primarily Form 8949 (Sales and Other Dispositions of Capital Assets) and Schedule D (Capital Gains and Losses). There's no special crypto-specific form. On Form 8949, you'll need to list each transaction separately with description, date acquired, date sold, proceeds, cost basis, and gain/loss. Then the totals carry over to Schedule D. Make sure to check the correct box at the top of Form 8949 depending on whether the exchange provided you with a 1099-B and whether the basis was reported to the IRS.

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Anyone have experience with carrying forward larger crypto losses? I'm underwater by like $20k on one project and wondering how the carryforward process works in practical terms.

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Dylan Cooper

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I had a $15k loss in 2023 and carried it forward. You'll use Schedule D and it will calculate how much you can use in the current year (up to $3k against ordinary income if you have no capital gains to offset). The remaining amount carries forward automatically and you'll need to keep track of it for future years. Your tax software should handle the calculations, but keep your previous returns handy since you'll need to know how much loss you're carrying forward each year. Mine took about 5 tax years to fully utilize.

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If your company is giving you ISOs, you might want to ask if they offer a "cashless exercise" program. Some startups will work with specific brokers who can front the exercise cost and immediately sell enough shares to cover your costs + taxes, then give you the remaining shares. This can be a way to exercise without needing cash on hand, though you'll end up with fewer shares overall. The tax treatment isn't as favorable as exercising and holding, but it solves the cash flow problem.

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Lydia Bailey

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Would a cashless exercise eliminate the possibility of qualifying for long-term capital gains treatment? I'm trying to understand if there's any way to both solve the cash flow problem AND get the better tax treatment.

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A standard cashless exercise would indeed eliminate the possibility of getting long-term capital gains treatment because you're selling the shares immediately upon exercise. The entire spread between your strike price and the selling price would be taxed as ordinary income. If you're looking to both solve cash flow issues and potentially get better tax treatment, some companies offer what's called a "partial cashless exercise" where you sell just enough shares to cover your costs and taxes, then hold the rest. Those remaining shares could potentially qualify for long-term capital gains treatment if you hold them long enough.

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Mateo Warren

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Has anyone here ever negotiated to get their options as ISOs instead of NSOs? My offer letter says NSOs but I know ISOs are way better tax-wise. Is this something companies are flexible on or is it usually a non-starter?

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Sofia Price

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In my experience working at 3 different startups, the type of option is rarely negotiable. Companies typically have a standard equity plan that applies to everyone at similar levels. NSOs are often used for consultants or non-employees, while employees get ISOs. The tax advantages of ISOs are specifically designed for employees.

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Has anyone considered the Qualifying Relative vs Qualifying Child categories? If your girlfriend is a full-time student, she might qualify under different rules where the income limit doesn't apply!

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Sarah Ali

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That's only for Qualifying Child, not Qualifying Relative. A girlfriend can never be a Qualifying Child because she doesn't meet the relationship test - has to be your actual child, sibling, niece/nephew, etc. Non-relatives can only qualify under the Qualifying Relative test, which always has the income limit.

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Ryan Vasquez

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Remember that when counting support, you include fair market rental value of housing! If she's living with you rent-free in a place that would normally cost $1,200/month, that's $14,400 of support you're providing right there. Makes it much easier to pass the "more than half support" test.

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