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A friend of mine was able to claim a scam loss as a business expense because she got scammed while trying to buy equipment for her small business. So maybe it depends on if this was a personal investment or somehow tied to a business you run? The rules seem different for business losses vs personal.
This is exactly right. Business losses from scams are still deductible as business expenses if they occurred in the normal course of business. It's only personal theft losses that got eliminated (except for federally declared disasters). OP, was this investment somehow connected to any business activities or was it purely personal? That makes a huge difference in deductibility.
Don't forget to report this to the FBI's Internet Crime Complaint Center (IC3) if you haven't already! https://www.ic3.gov While not tax related, it helps build cases against these scammers. I reported a similar crypto scam last year, and while I didn't get my money back, I got notification that my report helped in a larger investigation. Felt good knowing I might help stop them from scamming others.
You can also try contacting CFPB (Consumer Financial Protection Bureau) if a bank or financial institution was involved in any way with the transactions. They sometimes can put pressure on financial institutions that may have facilitated the scam.
Thanks for the suggestion! I did file a report with IC3 already but haven't heard anything back yet. It's been about 3 months since I filed the report. I'll check out the CFPB option too. My bank wasn't much help since I authorized the transfers myself (stupid, I know), but maybe CFPB could still do something.
Something else to consider - did your husband have any business expenses related to this contractor work? Make sure to deduct those on Schedule C too! Things like home office (if he worked from home), supplies, software subscriptions, mileage if he drove for business purposes, etc. No sense in paying more tax than you need to.
That's a great point! He definitely had some expenses - mostly software subscriptions and a new laptop he had to buy specifically for this job. I wasn't sure if we could deduct the full cost of the laptop or if we needed to depreciate it.
For the laptop, it depends on when he purchased it and how much it cost. If it was under $2,500, you can potentially use Section 179 to deduct the full cost in one year, assuming it was used more than 50% for business. For the software subscriptions, those are generally fully deductible as business expenses in the year paid. Just make sure you keep receipts for everything. You might also want to look into home office deduction if he was working from home - you can either use the simplified method ($5 per square foot up to 300 square feet) or the regular method which calculates the actual expenses.
Don't forget about self-employment taxes! Since this is 1099-NEC income, you'll need to pay both the employer and employee portions of Social Security and Medicare taxes, which comes out to about 15.3% on top of regular income tax. Make sure you're setting aside enough to cover that.
Is there any way to reduce the self-employment tax hit? That 15.3% is brutal when you're already paying regular income tax too.
Another option nobody mentioned - pay what you CAN by the deadline. Even a partial payment will reduce the amount subject to penalties and interest. If you have say half the money now, pay that before the deadline and then the rest on the 21st.
That's actually a really smart idea I hadn't considered. I could probably scrape together about $3,000 by the deadline. Would I just make a partial payment through the IRS website and then pay the remainder later? Or do I need to indicate somewhere that it's a partial payment?
Just make the payment through the IRS Direct Pay or another official payment method for whatever amount you can afford. There's no need to mark it as "partial" - the IRS system automatically matches your payments to your tax liability and will show any remaining balance due. Then when you get the rest of the money, make another payment for the remaining balance. The penalties and interest will only apply to the unpaid portion. Both payments would be made exactly the same way - there's no special process for making multiple payments.
Has anyone calculated exactly what the penalty would be for paying about 4 days late on $5,650? I'm curious about the actual dollar amount we're talking about here.
For a 4-day late payment of $5,650, the math works out to: Failure-to-pay penalty: 0.5% per month, prorated for 4 days = about 0.067% Ć $5,650 = $3.78 Interest: Currently about 7% annually, prorated for 4 days = about 0.077% Ć $5,650 = $4.35 So total damage would be roughly $8.13 if paid exactly 4 days late.
Has anyone considered just bringing ERC preparation in-house? We hesitated initially, but ended up creating an ERC division with dedicated staff. The learning curve was steep for the first 2-3 months, but now it's a significant revenue stream (we charge 12% contingency).
What kind of resources did you need to dedicate to get this off the ground? We've thought about it but worried about the compliance risks given how the IRS is scrutinizing these claims.
We started with one full-time CPA who spent about 8 weeks becoming our in-house expert (lots of CPE, IRS notice reading, and conference attendance). Then added a dedicated admin person for documentation collection and organization. The compliance risk is manageable if you're conservative and thorough with documentation. We built a 27-point checklist that every claim must satisfy before filing. It took about $30K in startup costs (mostly training and building templates/processes), but we've generated over $400K in fees since starting 14 months ago.
Be very careful with ERC partners right now. The IRS has been cracking down hard on fraudulent claims. We partnered with a firm that seemed legit but had 3 client claims rejected and now those clients are facing penalties. Totally damaged our reputation with them. If you do partner with someone, get EVERYTHING in writing about who bears responsibility if a claim is rejected. Most of these ERC shops have fine print that puts all the risk on you and your client while they keep their fees.
KaiEsmeralda
Your problem sounds like a case of "not enough withholding" rather than "filing incorrectly." The fact that your coworkers get refunds while you owe probably means they have different withholding elections. Double check your most recent pay stub. What filing status is listed there? Some companies show this info on the stub. If it says "Single" but the withholding seems low, you might have inadvertently checked the "Multiple Jobs" box on your W-4 which can reduce withholding. Another thing to consider: are you getting any other pretax deductions that your coworkers aren't? Heavy 401k contributions, HSA contributions, or health insurance premiums can lower your taxable wages and thus reduce withholding as well.
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Zane Hernandez
ā¢Just checked my pay stub and it does say "Single" for filing status, but there's nothing about multiple jobs. I do max out my 401k ($22,500/year) and have an HSA that I put about $3,000 into annually. Could those really affect my withholding that much? I thought those were smart financial moves.
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KaiEsmeralda
ā¢Those are absolutely smart financial moves! The issue isn't that you're doing anything wrong - it's that the withholding system doesn't always account for them perfectly. When you contribute to 401k and HSA, your taxable income for each paycheck is lower, so the system withholds less tax. However, those contributions don't reduce your tax brackets - they just reduce your total taxable income. If you're near a bracket threshold, this can create a withholding gap. This explains the difference between you and your coworkers too. If they're not maxing retirement accounts, their withholding calculation is more straightforward. Your situation is actually financially better (huge retirement savings), but it requires manual adjustment to your withholding to avoid the surprise tax bill.
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Debra Bai
Side question - has anyone else noticed that the IRS withholding calculator STILL doesn't work right? I used it to adjust my withholding last year and I'm still owing a ton. Do I just not understand how to use it or is it genuinely broken?
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Gabriel Freeman
ā¢The IRS calculator isn't technically broken, but it's not great for complex situations. It works best for people with one job, standard income, and no special circumstances. The moment you add variables like education expenses, multiple income sources, or significant pre-tax deductions, it falls apart. I found the calculator on smartasset.com to be much more accurate for estimating actual withholding needs. It lets you input more details about your specific situation.
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Debra Bai
ā¢Thanks, I'll check out that other calculator. I was starting to think I was going crazy because I followed the IRS calculator recommendations exactly and still ended up owing over $2k. Good to know it's not just me!
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