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One thing nobody mentioned yet - check if you actually did receive prior notices. The IRS is required to send multiple notices before sending debt to collections. Pull your IRS account transcripts (can be done online) and it will show all notices sent to you. If they sent notices to an old address or there's no record of prior notices, that strengthens your case for abatement. Also, 1065 penalties are especially harsh because they're designed to enforce timely filing for information returns. The $195/month/partner can add up quickly, which explains your $4950 penalty for what seems like a simple mistake.
That's a great point about checking the transcript for prior notices! I'll definitely do that. Our business did move offices in early 2023, and I'm now wondering if notices were sent to our old address even though we filed a change of address form. Is there a specific way to mention this when requesting abatement?
If your transcript shows notices were sent but you never received them because of an address issue, definitely mention that when requesting abatement. This falls under "reasonable cause" arguments. Specifically say: "We filed Form 8822-B to change our business address, but it appears notices were sent to our previous location. We never had the opportunity to respond to the original notices before this went to collections." The IRS is generally understanding about address issues, especially if you can show you tried to update your information properly. This would be in addition to requesting First-Time Abatement, giving you multiple angles for relief.
I hate to be the pessimist, but be prepared for this to take multiple attempts. I had almost identical partnership penalties last year and the first abatement request was denied despite having a clean record. Had to call back, escalate to a supervisor, and be very persistent. Eventually got it abated, but it wasn't the easy one-call fix some people are suggesting. The IRS is incredibly backlogged right now.
I second this. My first request was denied too, but second time worked. The key was getting actual IRS transcripts that proved we had good filing history. Just saying "we've always filed on time before" isn't enough - they want to see proof in their system.
21 One thing nobody has mentioned that tripped me up last year - if you have a mix of payment methods to the SAME contractor, you need to track them separately. I paid someone partly through PayPal and partly with checks, and ended up having to issue a 1099-NEC just for the check portion while PayPal handled their portion. Tax software doesn't always make this distinction clear.
16 That's a really good point! How did you handle the amounts on the 1099-NEC? Did you just report the check amounts or the total? I'm in this exact situation with a web designer I've been using.
21 I only reported the check amounts on the 1099-NEC I issued. The PayPal payments were handled by their 1099-K reporting. My accountant explained that if I included the PayPal amounts on my 1099-NEC, the contractor would have the same income reported twice to the IRS (once on my 1099-NEC and once on PayPal's 1099-K). It was a bit confusing because my tax software wanted me to enter the total paid to each contractor, and I had to manually adjust the reportable amounts. Definitely keep separate payment records by method for each contractor if you're using multiple payment types!
7 Has anyone actually gotten a solid answer from the IRS about the PayPal reporting threshold for 2024? Last I heard they delayed the $600 threshold for 2023, but I can't find clear info about what's happening for payments made in 2024 (for 2025 filing).
13 The $600 reporting threshold for third-party payment networks is supposed to be in effect for 2024 (filed in 2025). The IRS issued Notice 2023-10 for the delay that affected 2023 filings, but unless they issue a new notice, we should assume the $600 threshold applies for 2024 payments. It's always possible they'll announce another delay though.
One thing I haven't seen mentioned yet - you'll need to file a Schedule SE form along with your Schedule C for self-employment tax. That's the Social Security and Medicare taxes that would normally be withheld by an employer. When I started my photography business, I was shocked at how much I owed in self-employment tax! It's about 15.3% on top of regular income tax. Definitely set aside more than you think you'll need for taxes.
Wait seriously?? I have to pay EXTRA tax on top of regular income tax? I thought the whole point of writing off the equipment was to pay less taxes. Does this mean I'll end up owing more than if I just didn't report the photography income at all?
You do need to pay self-employment tax, but don't panic! You'll still benefit from deducting your equipment expenses. Here's how it works: your business profit (income minus expenses) is what gets taxed. By deducting legitimate expenses like your camera equipment, you're reducing your taxable profit. Not reporting income isn't a good strategy. It's legally considered tax evasion, and the penalties can be severe if you're caught. Plus, reporting your business properly builds tax history that helps with things like qualifying for loans, retirement accounts, and health insurance. The short-term tax hit is worth the long-term benefits of having everything properly documented.
Don't forget about depreciation! Depending on the cost of your equipment, you might need to depreciate larger purchases over several years instead of deducting the full amount in one year.
A couple other things to know about UCO specifically, since I hold it too: 1. It's a 2x leveraged ETF tracking oil futures 2. Because of its structure, it often has significant year-end distributions 3. These distributions can be classified as ordinary dividends, qualified dividends, short-term capital gains, long-term capital gains, or return of capital 4. Each has different tax implications Worth getting the 1099-DIV from your broker and looking at box 2a (capital gain distributions) vs box 1a (ordinary dividends) vs box 3 (return of capital). The difference matters a lot tax-wise!
Thanks, that's super helpful! I just checked my 1099-DIV and you're right - box 3 (return of capital) has a pretty significant number. Does this mean I've been potentially paying taxes on money I didn't need to?
Return of capital distributions (box 3) are not immediately taxable - they reduce your cost basis in the ETF instead. So if you bought UCO at $10 per share and received $1 per share as return of capital, your new cost basis would be $9 per share. You only pay taxes on return of capital if it reduces your basis below zero (which is rare), or when you eventually sell the shares. If you've been treating these distributions as taxable income, then yes, you've been overpaying your taxes. You might want to consult with a tax professional about filing amended returns for previous years.
Have you considered tax-loss harvesting? Even with unrealized gains in UCO, you could sell other investments at a loss to offset any realized gains when you do decide to sell some UCO shares. Not applicable right now if you haven't sold anything, but good to keep in mind. Also, holding these assets in a tax-advantaged account like a Roth IRA might be worth considering for future purchases, though leveraged ETFs can be risky for retirement accounts.
Be careful with tax-loss harvesting and wash sale rules though! If you sell something at a loss and buy a "substantially identical" security within 30 days before or after, you can't claim the loss. The IRS definition of "substantially identical" can be murky with ETFs.
Mateo Rodriguez
Another important consideration: if your mom might need nursing home care in the next 5 years, transferring assets from her account to yours could create a huge problem with Medicaid eligibility. They look back 5 years at transfers, and this could be seen as trying to hide assets.
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AstroAce
ā¢I hadn't even thought about the Medicaid implications. That's a really important point since she might need that level of care eventually. Is there a way to use the proceeds for her benefit that wouldn't trigger Medicaid issues while still meeting her needs?
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Mateo Rodriguez
ā¢You should use the proceeds only for your mom's benefit and keep meticulous records of every expenditure. Maintaining a separate account specifically for her funds managed under the POA is essential. This money can be used for her care, living expenses, medical costs not covered by insurance, and quality of life improvements. For Medicaid planning, some families work with elder law attorneys to establish properly structured trusts, but you need professional guidance specific to your state as the rules vary. The key is demonstrating that funds were used for her benefit rather than gifted away to avoid Medicaid spend-down requirements.
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Aisha Abdullah
Don't forget to keep really good records of all home improvements your mom made over the years! This increases the basis of the home and reduces potential capital gains. Things like a new roof, kitchen remodel, finished basement, etc. Get as many receipts as you can find.
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Ethan Wilson
ā¢This is so important! My parents sold their house last year and we forgot to account for the $30k kitchen renovation they did in 2010. Would have lost out on that adjustment to the basis if the closing agent hadn't mentioned it. Old credit card statements can help prove these expenses if you don't have the receipts anymore.
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