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Don't forget that the IRS HAS to send you a Collection Due Process notice which gives you the right to appeal! This is super important because filing that appeal stops all collection activity while they review your case. You only have 30 days from the date on the letter though, not from when you receive it. I almost missed my window and would have been screwed.
What kind of reasons can you give for an appeal? Do you have to have some special circumstances or can anyone file one?
You don't need special circumstances to request a Collection Due Process (CDP) hearing - it's your right after receiving a final notice. You can appeal based on procedural issues (like if you believe you don't actually owe the tax), propose alternative collection methods (like an installment agreement), or claim financial hardship. Even if you know you owe the tax, requesting a CDP hearing buys you time to get your finances in order while collections are paused. During the hearing, you can propose an installment agreement, an Offer in Compromise, or request Currently Not Collectible status. The important thing is that it stops the immediate threat of a levy while you work things out.
From my experience, you usually get several notices before they actually levy anything. First some billing notices, then warning notices, then the official Notice of Intent to Levy (CP504 or LT11). I ignored all of them like an idiot and they eventually took $3,900 from my checking account. But it wasn't a surprise - they had warned me multiple times over about 6 months.
What happened after they took the money? Did they keep coming after you for more or was that the end of it?
One thing nobody's mentioned yet - make sure you discuss who will claim any childcare expenses. My ex and I had a huge issue with this during our separation year. If you're the custodial parent and paid for childcare so you could work, you might qualify for the Child and Dependent Care Credit, which is significant. Also check if you're eligible for Earned Income Credit - the rules get complicated during separation years. And remember that alimony rules changed a few years back - it's no longer deductible by the payer or taxable to the recipient for divorces after 2019.
Thanks for bringing this up! I completely forgot about the childcare expenses. I've been paying for after-school care since we separated. Is there a specific form I need for the childcare credit? And does it matter if we've been splitting these costs or just whoever claims the dependent gets the credit?
You'll need Form 2441 for the Child and Dependent Care Credit. Generally, only the parent who claims the child as a dependent can claim this credit. However, there's a special rule for divorced/separated parents where the custodial parent can claim the credit even if they release the dependency exemption to the non-custodial parent. For expenses you've split, typically only the parent who claims the child can claim the credit for the expenses they personally paid. You can't both claim the same expenses. Keep good records of all payments you've made for childcare, including receipts with the provider's name, address, and tax ID number (EIN or SSN).
A word of warning - my ex and I thought we were being smart by filing separately during our separation. What we didn't realize is that if you file separately, BOTH of you have to either take the standard deduction OR itemize. You can't mix and match where one itemizes and the other takes standard. Also, if your divorce involves transferring property between you (like houses or investment accounts), don't do anything without understanding the tax implications first! Some transfers incident to divorce are tax-free, but timing matters.
Yep, ran into this exact problem. My ex itemized without telling me, so I had to itemize too even though standard would've been better for me. Ended up paying way more in taxes that year. Communication is key, even if it's just through your lawyers.
One thing I learned the hard way - if you're planning to do a SEP IRA instead of a 401k, the rules are different! With a SEP, you can contribute up to 25% of your net self-employment income, but the calculation gets weird with S-Corps. For S-Corps, SEP contributions can only be made as employer contributions, and they're based on W-2 wages, not K-1 distributions. So again, your $70k would be the limiting factor. Also be careful if you have any other retirement plans through other employment - contribution limits get complicated fast.
I noticed nobody mentioned Qualified Business Income (QBI) deduction considerations in this discussion. This is another factor that might influence how you split income between W-2 and K-1. Your K-1 distributions might qualify for the 20% QBI deduction (depending on your total income and business type), but your W-2 wages don't. So increasing W-2 for retirement purposes could reduce your QBI deduction. It's yet another variable in the already complicated equation of S-Corp owner compensation planning. This is definitely an area where good tax planning software or a knowledgeable accountant is worth their weight in gold.
Everyone's talking about the Offer in Compromise, but don't forget about Currently Not Collectible status! If your boyfriend's finances are really tight right now, he might qualify to have his account temporarily placed in CNC status. The debt doesn't go away, but collections stop while he gets back on his feet. The IRS form is 433-F for individuals, and you basically need to show that after necessary living expenses, there's no money left to pay the tax debt. The benefit is immediate relief from collection activity, and sometimes the collection statute expires before they reassess your situation.
How long does Currently Not Collectible status typically last? Will interest and penalties continue to add up during that time?
Currently Not Collectible status doesn't have a fixed duration - it lasts until your financial situation improves. The IRS will periodically review your case, typically every 1-2 years, to see if your income has increased enough to resume payments. Some people remain in CNC status for many years if their financial hardship continues. Yes, unfortunately, interest and penalties do continue to accrue while you're in CNC status. The debt isn't forgiven - collection activity is just paused. However, there's an important benefit: the 10-year statute of limitations on collecting the tax debt continues to run during this time. So if your boyfriend's financial situation doesn't improve significantly for several years, some or all of the debt might expire before the IRS can collect it.
One thing nobody has mentioned is that your boyfriend should determine if he was misclassified as a 1099 contractor when he should have been an employee (W-2). If he was on the road 90% of the time doing work the company directed, used their equipment, followed their schedule, etc., he might have been misclassified. This is actually super common and if he was misclassified, he could file Form SS-8 for the IRS to make a determination. If they rule he should have been an employee, he'd only be responsible for the employee portion of FICA taxes (7.65%) instead of the full self-employment tax (15.3%). This could reduce his tax debt substantially!
This is really good advice. The IRS takes worker misclassification seriously. I had a "contractor" job years ago where I was clearly an employee - set hours, company equipment, direct supervision. Filed SS-8 and got about half my tax bill wiped out!
Angelina Farar
Just my two cents, but we amended our S-corp return in 2022 to fix a similar revenue reporting error where we had accidentally counted some deposits twice. Ended up reducing our reported income by about $22,000. We filed the amendment, got a letter acknowledging receipt about 8 weeks later, and then eventually got a small refund check. No audit, no questions, nothing complicated.
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SebastiΓ‘n Stevens
β’Did you use a CPA or did you handle the amendment yourself? I've heard different things about whether professional preparation makes a difference in how returns get processed.
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Angelina Farar
β’We used the same CPA who did our original return. He basically said the same things others have mentioned here - that reducing income isn't typically as concerning to the IRS as increasing deductions would be. He did recommend we include a clear explanation letter that he drafted, which specifically explained the exact nature of the accounting error (duplicate counting of specific transactions) and referenced our supporting documentation. I think having that professional guidance did help give us peace of mind, but from what I've learned, the risk was probably low either way.
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Bethany Groves
One thing nobody's mentioned - make sure you also check if you need to amend your STATE tax returns too! I amended my federal return and completely forgot that the changes would affect my state return too. Ended up getting a notice from the state about the discrepancy.
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KingKongZilla
β’Good point! I made this exact mistake a few years ago and got hit with a state penalty even though I fixed the federal return properly. The states don't automatically get notified when you amend your federal return.
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