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This is such a helpful discussion! I'm dealing with a similar family loan situation and the complexity around interest reporting has been really confusing. One thing I'm still not clear on - several people mentioned that the lender needs to report interest income annually even if it hasn't been received yet, but others said cash-basis taxpayers only report when actually received. Is this contradiction because family loans have special rules, or am I missing something? Also, for those who used the interest-only payment structure that StarSeeker mentioned - how did you handle the situation if the borrower is a full-time student with very limited income? Even $300/month in interest payments could be challenging. Did anyone build in graduated payment schedules or deferral options for the student years? I'm trying to balance keeping everything IRS-compliant while also being realistic about what a grad student can actually afford to pay during their studies.
The confusion about interest reporting comes from how different rules can apply depending on the specific loan structure. For most cash-basis individual taxpayers, interest is indeed only taxable when actually received. However, if the IRS determines that interest is being artificially deferred (like in your proposed lump-sum-at-the-end structure), they can apply "constructive receipt" principles or the below-market loan rules under Section 7872, which could require annual reporting even without actual payments. Regarding student affordability - many families I've seen handle this by having the student borrower make smaller monthly payments during school (maybe $100-150) that cover part of the annual interest, with the remaining interest added to the principal balance. This keeps some regular payment activity to maintain the loan's legitimacy while being realistic about student budgets. The unpaid interest gets capitalized and paid later when the borrower's income improves. Another option is having a family member (like parents) temporarily cover the interest payments on behalf of the student, which can be structured as either additional loans or gifts within the annual exclusion limits. The key is documenting everything clearly and maintaining consistent treatment throughout the loan term.
I went through something very similar when my nephew needed funding for law school. After consulting with a tax attorney, we learned that the safest approach is to structure regular interest payments from the beginning, even if they're modest during the school years. What we ended up doing was creating an interest-only loan during his three years of school (about $200/month for a $60K loan), then switching to principal and interest payments once he graduated and got his first job. This kept the annual tax reporting clean and simple - my brother just reported the actual interest received each year on Schedule B. The key insight from our attorney was that trying to defer all interest to the end actually creates more complications, not fewer. The IRS has specific rules about "below-market loans" that can apply even when you're using the correct AFR rate if the payment structure looks like you're trying to avoid current taxation. We documented everything with a proper promissory note that included the current AFR rate, specified monthly payment amounts, and included provisions for what would happen if he couldn't make payments during school (temporary interest-only periods, with missed payments added to principal). Having that flexibility built in upfront prevented any issues when he had a tight month or two. The annual 1099-INT filing was actually pretty straightforward - just the total interest actually paid that year. Much simpler than trying to deal with imputed interest calculations or potential IRS questions about deferred payment structures.
One thing I haven't seen mentioned yet is the impact on cryptocurrency investments. If you're paying fees to crypto exchanges or using crypto tax software, those expenses also fall under the same rules - generally not deductible anymore as miscellaneous itemized deductions. However, if you're mining crypto or treating it as a business activity (not just investing), some of those expenses might still be deductible as business expenses on Schedule C. The key is proving it's a legitimate business activity rather than just investment. Also, for those with complex portfolios, don't forget about the net investment income tax (NIIT) - the 3.8% surtax on investment income for higher earners. While you can't deduct most investment expenses anymore, you can still offset investment income with investment losses to reduce your NIIT exposure. It's not the same as getting a deduction, but it's something to consider when rebalancing your portfolio for tax efficiency.
Great point about crypto! I've been treating my crypto trading as just investments, but I wonder if there's a threshold where it could qualify as business activity? Like if you're doing DeFi yield farming or providing liquidity to exchanges regularly, would that potentially qualify for business expense treatment? I've been paying substantial gas fees and platform fees that add up quickly, especially on Ethereum-based transactions. Also curious if anyone knows how the IRS views expenses for crypto tax software like CoinTracker or TaxBit - are those completely non-deductible now too?
@38aea798b1d3 The threshold for crypto business activity is similar to the trader tax status mentioned earlier - it's based on frequency, regularity, and intent rather than specific dollar amounts. DeFi activities like yield farming, liquidity provision, or running validator nodes could potentially qualify as business activities if done systematically and regularly with profit intent. The IRS looks at factors like: time devoted to the activity, having separate records/accounts, treating it like a business operation, and whether you're providing services (like liquidity) rather than just holding investments. Gas fees and platform fees for legitimate business crypto activities could be deductible on Schedule C. For crypto tax software like CoinTracker or TaxBit, those are unfortunately in the same boat as other investment-related tax prep expenses - not deductible for individual investors. However, if you qualify for business treatment of your crypto activities, the portion of software costs related to business crypto transactions could be deductible as business expenses. Keep detailed records if you think you might qualify - the IRS scrutinizes crypto business claims heavily, so documentation is crucial.
Building on the crypto discussion, I want to highlight something that caught me off guard during my 2024 tax prep - wash sale rules now apply to crypto too! This became really relevant when trying to optimize what few investment-related tax benefits we still have. If you're harvesting crypto losses to offset gains (since we can't deduct most investment expenses anymore), you need to be careful about repurchasing the same or "substantially identical" cryptocurrency within 30 days. While the IRS hasn't clearly defined what constitutes "substantially identical" for crypto, many tax professionals are advising caution. I learned this the hard way when I sold Bitcoin at a loss in December and bought it back 2 weeks later thinking I was being smart about tax loss harvesting. My CPA flagged it as a potential wash sale, which would defer the loss deduction. Since we've lost most other investment expense deductions, tax loss harvesting has become even more critical for managing investment tax liability. Just wanted to share this heads up since crypto wash sales seem to be flying under the radar for many people, and it can really impact your overall investment tax strategy when combined with the new limitations on deductible expenses.
Great thread! I'm dealing with a similar situation and wanted to add another perspective. I've been running my consulting business as an S Corp for 3 years now, and about 60% of my 1099s come in my personal name despite having an LLC. One thing I'd emphasize that hasn't been mentioned much - make sure you're issuing yourself W-2 wages from your S Corp! This is a requirement that some people miss. The IRS expects S Corp owners who work in the business to pay themselves a "reasonable salary" through payroll before taking distributions. For a $68k contract like the original poster mentioned, you'd probably need to pay yourself at least $30-40k in W-2 wages. Also, regarding the documentation everyone's talking about - I create a simple spreadsheet each year showing all my 1099 income sources, which ones were issued to my personal name vs business name, and how they're reported on my S Corp return. My CPA loves having this because it makes the tax prep much smoother. The self-employment tax savings are definitely worth it if you're making good money, but make sure you factor in the payroll processing costs and additional tax prep fees when doing your calculations.
This is super helpful! I'm new to the S Corp world and hadn't really thought about the reasonable salary requirement. When you say $30-40k for a $68k contract, is that based on a specific percentage or just your experience? I'm trying to figure out what "reasonable" means in practice. Also, do you handle your own payroll or use a service like ADP or Paychex? The payroll processing costs are something I definitely need to factor into my decision.
Great question about reasonable salary! The IRS doesn't give a hard percentage, but generally you want to look at what you'd pay someone else to do the same work. For consulting, I've seen anywhere from 40-60% of net income as a safe range, but it really depends on your specific industry and role. I use Gusto for payroll - it's way cheaper than ADP for small businesses (around $40/month plus $6 per payroll run). The key is to run payroll consistently - I do it monthly. Don't forget you'll also need workers comp insurance in most states, even as a single-employee S Corp. One tip: keep documentation of your salary decision. I have a simple memo in my files each year explaining how I determined my reasonable salary (comparing to similar roles on job sites, industry data, etc.). This helps if the IRS ever questions it. The payroll costs do add up (Gusto + workers comp + extra tax prep fees), but for me it's still worth about $8k in tax savings annually. Your mileage may vary depending on your income level!
This is such a helpful discussion! I'm in a similar boat with my consulting LLC and have been hesitant to elect S Corp status because of the 1099 name issue. Reading through everyone's experiences gives me confidence that it's definitely doable. One question I haven't seen addressed - has anyone had issues with state taxes when doing this? I'm in California and know they have their own quirky rules sometimes. Also wondering about quarterly estimated tax payments - do you make them from your personal account for the S Corp taxes or from the business account? The reasonable salary discussion is eye-opening too. I was focused on the self-employment tax savings but hadn't fully calculated in the payroll processing costs and extra complexity. Sounds like it's still worth it for higher income levels, but definitely need to run the numbers carefully. Thanks everyone for sharing your real-world experiences - this is way more useful than the generic advice you find on most tax websites!
Absolutely a scam! You were smart to trust your instincts and ask here first. The IRS is crystal clear about this - they NEVER initiate contact through email. Period. All legitimate IRS communications come through good old-fashioned snail mail. That generic "Dear Taxpayer" greeting is a massive red flag since the real IRS would use your actual name if you genuinely had an online account with them. What's really insidious about this particular scam is how they're trying to preemptively calm your suspicions with that "We won't initiate email contact without your consent" line - it's psychological manipulation at its finest, acknowledging the exact red flag they're waving while trying to convince you it's legitimate. The vague "new notification" wording is classic phishing - designed to create curiosity and urgency without giving you any specific details you could actually verify against your real account. Delete this immediately and go straight to IRS.gov if you need to check anything. You can also report it to phishing@irs.gov to help protect others. Your caution here probably saved you from a major headache - always trust that gut feeling when something seems fishy with tax stuff!
Just wanted to chime in as someone who's relatively new to this community - this whole discussion has been so helpful! I've been lurking here for a while trying to learn more about tax stuff, and seeing how everyone immediately jumped in to help identify this scam is exactly why I love this community. The breakdown of the psychological manipulation tactics is particularly eye-opening - I had no idea scammers were getting so sophisticated at exploiting our own awareness of red flags. Really appreciate everyone taking the time to educate newcomers like me on how to spot these things. The IRS communication policy seems pretty straightforward once you know it - if it's not snail mail, it's not real! Thanks for keeping us all safe out here.
Definitely a scam! You made the right call being suspicious. The IRS has a very clear policy - they never initiate contact via email, only through official mail. That "Dear Taxpayer" greeting is a dead giveaway since legitimate IRS communications would use your actual name. What's really clever (in a malicious way) about this particular scam is how they included that line "We won't initiate email contact with you without your consent" - they're basically trying to address the exact red flag they're creating! It's a psychological trick to make you think "oh, they're being transparent about their email policy, so this must be legit" when actually it proves the opposite. Never click anything in emails claiming to be from the IRS. Always go directly to IRS.gov if you need to check your account. You can forward this scam to phishing@irs.gov to help them track these attempts. Your instincts were spot on - when it comes to taxes, if something feels off, it usually is!
Giovanni Rossi
Just wanted to add something important - when we had our ITIN rejected, we learned that timing matters! If you submit your W7 with your tax return during the peak filing season (February-April), the processing time can be much longer than the estimated 11 weeks. We resubmitted in June after our initial rejection, and got the ITIN in about 7 weeks instead of 11. If your tax situation allows for it (like if you're getting a refund or don't owe much), consider filing an extension and then submitting when the IRS isn't as swamped.
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Aaliyah Jackson
ā¢That's smart! Did you have to do anything special when filing the extension since one spouse didn't have an ITIN yet?
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Keisha Williams
I went through this exact situation last year! The TAC verification route is definitely your best bet - I was terrified to mail my wife's original passport too. One thing I learned that might help: when you call for the TAC appointment, ask specifically about their ITIN verification hours. Some locations only do ITIN services on certain days or during specific time slots, so you want to make sure you're booking during those times. Also, bring copies of everything in addition to the originals. The agent will verify the originals but keep copies for their records. And definitely bring that rejection letter you received - it helps the agent understand exactly what went wrong the first time. The 11-week timeline is frustrating, but once you get that stamped W7 from the TAC, you're in much better shape. Just make sure your tax return is completely filled out and accurate before you go to the appointment, because they'll review both documents together.
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Charlee Coleman
ā¢This is really great advice about asking for ITIN verification hours specifically! I didn't realize some TACs only do this on certain days. Do you remember how long your appointment actually took once you got there? I'm trying to plan my day around it and wondering if I should expect to be there for a while or if it's pretty quick once you have all the right documents.
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