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Has anyone here worked with a specific tax attorney they would recommend? I've been looking at reviews online but it's hard to know who's legitimate versus who just has good marketing.
I worked with Johnson Tax Law in Chicago and had a really good experience. They specialize in tax resolution and don't make unrealistic promises like some of the big advertised firms. They were upfront about costs and what could realistically be achieved.
One thing nobody has mentioned yet - depending on how old some of your tax debt is, you might be bumping up against the 10-year statute of limitations for IRS collections. Worth checking the dates of your assessments, because anything approaching that timeframe gives you additional leverage in negotiations. Also, if you're liquidating stocks, be careful about the timing to minimize additional tax implications. The last thing you need is a big capital gains hit while trying to resolve existing tax debt.
That's a great point about the collection statute. Some of this debt is from 2018-2019, so not quite close to the 10-year mark yet. And thank you for the reminder about capital gains - I hadn't even thought about how liquidating stocks would affect this year's taxes. Definitely need to be strategic about that.
Something important to consider with your backyard office - make sure it complies with local zoning laws and building codes! I built a similar setup last year for my consulting business and got hit with a fine because I didn't get the proper permits. Also, check if building the office will increase your property taxes or insurance rates. I had to update my homeowner's policy to specifically cover the new structure and all the technology inside it. These additional costs should factor into your decision about how to handle the tax side.
That's a great point that I hadn't even thought about! Did you find that the insurance increase was significant? And did you end up getting permits retroactively or did you have to make modifications to the structure?
My insurance went up about $240 annually, which wasn't too bad considering I had about $8,000 worth of equipment in there. The bigger surprise was that my property assessment increased after the county assessor noticed the new structure, which raised my property taxes by about $350/year. For the permits, I had to apply retroactively and pay a penalty fee (about $150 extra). I also had to make some modifications - mainly adding a specific type of smoke detector and upgrading the electrical work to meet code. The good news is that all of these costs were partially deductible for my business since I use the space 70% for business purposes.
Has anyone here actually successfully depreciated a non-permanent structure? My CPA told me that since my backyard office wasn't on a permanent foundation, it wouldn't qualify for depreciation but could be expensed differently. I'm getting confused with all the conflicting advice.
Your CPA might be thinking about Section 179 expensing instead of regular depreciation. With Section 179, you might be able to deduct the full cost in the year you place it in service rather than depreciating over many years. There are limits though.
Another thing to consider is that TurboTax might be concerned about the psychological impact of owing a large sum at tax time. Many people get stressed when they see they owe several thousand dollars, even if they've planned for it. I've used both approaches - the safe harbor method and trying to match withholding exactly. Honestly, the safe harbor method is so much simpler, especially if your income fluctuates or you have multiple income sources. The mental clarity of knowing exactly how much you need to withhold for the year (110% of last year's liability) makes tax planning way easier.
Do you know if the 110% rule applies to state taxes too? I've been using it for federal but never thought about state requirements.
The safe harbor rules vary by state. Many states follow the federal 110% rule, but some have their own requirements. California, for example, has a similar safe harbor rule but with some differences. New York follows the federal rules pretty closely. Check your specific state's tax department website for their safe harbor rules. Generally speaking though, most states have some form of safe harbor protection, and many do follow the federal 110% guideline for higher income taxpayers.
Don't forget that TurboTax is a business trying to upsell you on services and features. Every time it "warns" you about potential issues, it's also creating opportunities to sell you additional services. I switched to a different tax software last year and noticed far fewer warnings about my withholding when using the exact same safe harbor strategy. The new software simply noted that I qualified for safe harbor protection without suggesting I needed to make changes.
Which tax software did you switch to? I'm getting tired of all the unnecessary warnings in TurboTax too.
Another option to consider is using a specialized sales tax consultant rather than a full tax attorney. They typically charge $200-350/hour instead of $750+, and this is literally all they do. I used Cherry Bekaert's sales tax team for our e-learning platform, and they were able to get us clarity for about $1500 total across multiple states. They also have established relationships with many state DORs that can expedite getting written determinations. Whatever you do, don't just guess and hope for the best. The penalties and interest can be brutal if you get audited down the road.
$1500 sounds way more reasonable than what I was quoted! Did they provide written documentation of their findings that you could use if you were ever audited?
Yes, they provided a comprehensive memo documenting their research and conclusions for each state. The document included citations to specific statutes, regulations, and rulings that supported their position. They also included a matrix showing taxability by state with color coding for high/medium/low risk areas. This became our "reasonable cause" defense documentation in case of audit, which protects against penalties (though not the underlying tax if you're found to owe it).
Has anyone here used the "voluntary disclosure" approach with states where you might have accidentally created nexus and not collected tax? I'm worried we might have been doing this wrong for the past year.
Voluntary disclosure agreements (VDAs) can be incredibly helpful if you think you've had past exposure. Most states limit the lookback period to 3-4 years instead of their full statute of limitations, and they'll typically waive penalties. They're relatively straightforward to set up - you can even apply anonymously through a representative in most states until you have certainty about the terms. I'd suggest starting with the states where you have the most sales before they find you through audit or data mining.
Malik Robinson
Have you considered using a payment plan if the $1k+ amount is difficult to pay all at once? International students can set up installment agreements too. You'd need to file Form 9465 with your return. Interest still applies, but it might help with cash flow.
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Keisha Johnson
ā¢That's actually really helpful to know! The full amount is a bit tough for me right now. How much is the interest rate if I go with a payment plan? And are there any specific issues with setting one up as an international student?
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Malik Robinson
ā¢The interest rate is currently around 5% (it's the federal short-term rate plus 3%), and it's compounded daily. There's also a one-time setup fee of about $31 if you set up direct debit payments online. For international students, the main consideration is making sure you can complete all payments before your visa expires if you're planning to leave the US after graduation. Also, ensure your payment method will work internationally if you'll be making payments after returning to your home country.
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Isabella Silva
Just want to add that as an international student, make sure you're filing Form 8843 along with your 1040-NR! It's required for all F1 students even if you don't have income. I missed this my first year and had to amend.
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Ravi Choudhury
ā¢Is that the same as the "substantial presence test" form? My tax software mentioned something about that but I wasn't sure if it applied to me.
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