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One thing I haven't seen mentioned yet is that you should check if you're eligible for first-time penalty abatement for the 2023 balance due. If you had a good compliance history for the past 3 years (which it sounds like you might since you mentioned filing 2020-2022 on time), you could qualify to have the failure-to-pay penalties removed. You'd still be responsible for the interest, but getting the penalties removed could save you a decent amount. You'd need to request this specifically, either by calling the IRS or submitting a letter. Just make sure to pay the balance first, then request the abatement after.
That's really helpful - I didn't know about first-time penalty abatement! I think I would qualify since all my other returns were filed on time. Do I need to wait until the whole situation is resolved with my 2019 refund, or can I request the abatement as soon as I pay the 2023 balance?
You can request the first-time penalty abatement as soon as you pay the 2023 balance in full. You don't need to wait for the 2019 refund situation to be resolved. Just call the main IRS number on your notice and specifically ask for "first-time penalty abatement under the IRS's First Time Abatement administrative waiver." Have your 2023 notice handy when you call. The agent will check your eligibility based on your filing compliance for the past 3 years. If approved, they'll remove the failure-to-pay penalties, though the interest will remain. The whole process usually takes just one phone call if you qualify.
I'm surprised nobody has mentioned Form 8379 (Injured Spouse Allocation) - couldn't this help with getting the refund applied to the balance due? I thought that's what you use when the IRS is holding your money.
Form 8379 is for injured spouse claims, not for this situation. That form is used when a joint filer wants to recover their portion of a refund that was applied to their spouse's separate debt (like back child support, student loans, etc). What you're thinking of might be Form 911 (Taxpayer Advocate Service Application) which can help when you're experiencing financial hardship due to IRS delays. Or possibly just a letter requesting that the 2019 refund be applied to the 2023 balance when it's processed.
Don't forget about state-specific considerations with commercial property depreciation. Federal bonus depreciation is great, but some states don't conform to it! I own commercial properties in three different states and each one handles depreciation differently. California, for example, doesn't conform to federal bonus depreciation rules, so you end up with different depreciation schedules for federal vs. state returns. This creates a tracking nightmare if you're not prepared for it. You might save big on federal taxes but see minimal state tax benefits depending on your location.
That's a good point I hadn't considered. My commercial property is in Texas. Do you know if Texas follows the federal bonus depreciation rules or do they have their own system?
Texas doesn't have a state income tax, so you're in luck! You only need to track the federal depreciation schedule. That makes your situation much simpler than investors in states like California, New York, or Massachusetts that have their own depreciation rules. Just focus on maximizing your federal benefits through proper cost segregation and bonus depreciation strategies. The only state-level tax you'll need to worry about is the property tax, which isn't affected by how you depreciate the property for income tax purposes.
One thing that hasn't been mentioned yet is the potential trap of Qualified Improvement Property (QIP) vs regular improvements. This can be HUGE for commercial buildings. QIP (improvements to the interior of nonresidential buildings) qualifies for 15-year depreciation AND bonus depreciation, but only if done after the building was placed in service. If you're buying existing buildings, any improvements the previous owner made don't qualify for you. But if you plan renovations after purchase, make sure to properly document them as QIP to get the accelerated depreciation benefits. This alone could save you tens of thousands on a property your size.
I filed on February 3rd and got my refund direct deposited on February 12th, so 9 days total from submission to money in my account. Was honestly shocked at how fast it was! I have a pretty simple return though - just W-2 income, standard deduction, no credits besides the standard ones. My friend who claimed EITC is still waiting though. I think certain credits definitely slow things down a lot.
That's super fast! Did you use a particular tax prep software? I'm trying to decide between a few different ones.
I used FreeTaxUSA and it was really smooth. I've tried TurboTax and H&R Block in previous years but this was way cheaper (federal filing is free and state was only like $15). The interface isn't as fancy but it does exactly the same thing. The direct deposit option was easy to set up and they transmitted my return to the IRS immediately after I submitted it. Got an acceptance email from the IRS about 12 hours later, and then the refund 8 days after that.
Just a heads up - if you claim certain credits like the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC), the IRS legally cannot issue your refund before mid-February regardless of when you file. That's why some people will always wait longer than others.
Adding to this - I claimed the EITC this year, filed on January 28th, and just got my refund yesterday (Feb 18th). So exactly in line with that mid-February timing. Don't panic if you claim these credits and see others getting faster refunds!
Thanks for this info! I don't think I qualify for those credits but that's good to know for future reference. Is there any list somewhere of which credits might cause delays?
Don't just pay what the auditor suggests without a fight! I've been through two audits and successfully appealed both times. The first step is requesting a conference with the auditor's manager. Be prepared with organized documentation and clear explanations of why your deductions were legitimate. If that doesn't work, file a formal appeal with the IRS Office of Appeals. They're separate from the examination division and often more reasonable. You have 30 days from the date of the audit findings to request this appeal. For your Schedule C businesses, the key is proving they were legitimate businesses operated with the intent to make a profit, not hobbies. Do you have business cards? A website? Marketing materials? Client communications? All of these help establish business legitimacy.
How much did appealing cost you? My CPA is charging $250/hour, and he estimates it would take at least 10-15 hours to prepare and handle an appeal. That's potentially $3,750, and with no guarantee of success. I'm trying to figure out if it's worth the fight or if I should cut my losses.
For my first audit appeal, I handled it myself and spent about $500 on organizing documents and preparing my case. It took about 25 hours of my time, but I saved almost $8,000 in disallowed deductions. For the second appeal, I hired a tax attorney for a flat fee of $2,500. This was more complex involving rental property deductions. We ended up saving about $12,000 in taxes, so the investment was worth it. The key is analyzing the potential savings versus the cost of fighting. If your total tax difference is less than $5,000, self-representation might make more sense. For larger amounts, professional help often pays for itself. Remember that if you win, you're not just saving the immediate tax bill but also setting precedent for future years of similar deductions.
If they denied your unreimbursed employee expenses, was that because you took them as miscellaneous itemized deductions on Schedule A? Those were suspended by the Tax Cuts and Jobs Act through 2025, so they're correctly disallowed if that's how you claimed them. For your Schedule C businesses, did the auditor give specific reasons for denying the expenses? Was it lack of documentation, or did they claim the business was a "hobby" rather than a legitimate profit-seeking venture? The distinction matters for how you might approach an appeal.
Not OP, but this is important info. Many people don't realize that employee business expenses (including home office for W-2 employees) are completely suspended right now. The only workaround is if your employer would provide an accountable plan where they reimburse you for these expenses.
Grace Durand
If your return is simple like you said, you should be fine within the 21 day window. But one thing nobody mentioned is that bank processing can add 1-5 business days AFTER the IRS releases the funds. So even when it finally says "Refund Sent," you might not see it in your account immediately, especially if you're getting a paper check instead of direct deposit.
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Steven Adams
ā¢The IRS deposit hit my bank account before the Where's My Refund tool even updated to "Sent" last year. That tracker is wildly inconsistent.
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Grace Durand
ā¢That's definitely possible too! The IRS systems and their refund tracker don't always sync up perfectly with what's actually happening. Some banks also show pending deposits earlier than others. The tracking system is more of a general guideline than a precise tracker. That's why I usually tell people to add a buffer of a few days to whatever timeline the IRS provides, just to avoid disappointment. But occasionally it does go the other way and shows up earlier than expected!
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Alice Fleming
Just curious, did you opt for direct deposit or a paper check? Direct deposit is MUCH faster. Paper checks can add weeks to the process.
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Emma Swift
ā¢I did direct deposit for sure! I'm not living in the stone age lol. Do people still actually get paper checks??
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