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Aria Khan

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Can you reach out to any other family members who might be able to help as a go-between? Sometimes having a neutral third party can help in these situations. Otherwise Form 4852 is exactly what it's designed for - situations where you can't get a W-2 but need to file your taxes.

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I'm dealing with a similar family business situation right now, so I really feel for you. One thing that might help is checking if your family's business uses any payroll service like ADP, Paychex, or QuickBooks Payroll. Sometimes you can get your W-2 directly from the payroll company's website even if you can't contact your employer directly. Also, if you have any old login credentials for a payroll portal or employee self-service site, those might still work. I was able to download my W-2 from our family business's ADP portal even after leaving because they never deactivated my account. If those options don't work, Form 4852 really is your best bet. The IRS designed it specifically for situations like yours where getting the W-2 isn't realistic. Just be as accurate as possible with your estimates and keep any documentation you have (paystubs, bank deposits, etc.) in case they ask questions later.

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Chris Elmeda

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That's a really smart suggestion about checking payroll service portals! I hadn't thought of that. Do you know if there are any other common payroll companies besides ADP and Paychex that small family businesses typically use? I'm trying to remember if they mentioned using any specific service when I worked there, but honestly the whole payroll process wasn't something I paid much attention to at the time. Also, when you say "keep documentation in case they ask questions later" - do you mean the IRS might follow up even after accepting the 4852 and processing the return? I'm already nervous enough about this whole situation without worrying about potential future audits.

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Yuki Ito

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Thanks for all the helpful responses everyone! Just wanted to give a quick update - I went ahead and used my husband's SSN (primary taxpayer) in Direct Pay and the payment went through smoothly. Got a confirmation number and everything. I really appreciate everyone clarifying that even though I'm the one earning the freelance income, the IRS system only recognizes the primary taxpayer's info for joint filers. That makes total sense now that I understand how their computer systems work. I'm definitely going to look into some of the tools mentioned here (like taxr.ai) to help me calculate the right amounts for future quarters. I've been kind of winging it with estimated payments and want to make sure I'm not underpaying and getting hit with penalties. One last question - should I be making these payments every quarter even if my freelance income varies a lot month to month? Sometimes I have big projects and sometimes barely anything. Is it better to estimate conservatively and potentially overpay, or try to match the actual income more precisely each quarter?

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Great question about the quarterly timing with variable income! I'm in a similar boat with inconsistent freelance work. From what I've learned, it's generally better to err on the side of paying a bit more each quarter rather than risk underpayment penalties. The IRS safe harbor rule says if you pay at least 100% of last year's tax liability (or 110% if your AGI was over $150k), you won't get hit with penalties even if you end up owing more. So one strategy is to calculate your estimated payments based on that safe harbor amount, then any extra you owe from higher-than-expected income just gets paid with your regular tax return. That way you're covered penalty-wise, and if you have a really good year income-wise, you're not scrambling to make huge catch-up payments in Q4. Plus any overpayments just become a refund or can be applied to next year's taxes.

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One thing I'd add to the safe harbor discussion - you can also use the "annualized income installment method" if your freelance income is really sporadic throughout the year. This lets you calculate each quarterly payment based on your actual income for that specific period, rather than spreading an annual estimate evenly across four quarters. It's more paperwork (you'll need to file Form 2210 with your return), but it can save you money if most of your income comes in just one or two quarters. For example, if you have a huge project in Q3 but barely any income in Q1 and Q2, you could make smaller payments early in the year and a larger payment in Q3 when you actually earned the money. The downside is it's more complex to calculate and track. For most people with moderately variable income, the safe harbor approach that Mateo mentioned is much simpler and still protects you from penalties. But if your income swings are really dramatic (like making 80% of your annual freelance income in one quarter), the annualized method might be worth looking into.

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This is really helpful information about the annualized income method! I had no idea that was even an option. My freelance income is pretty unpredictable - sometimes I'll land a big contract that pays most of my annual income in just one or two months, then have slow periods where I'm barely making anything. The safe harbor method sounds much simpler to manage, but I'm curious about Form 2210. Is that something most people can handle on their own, or do you typically need a tax professional to calculate the annualized installments correctly? I'm comfortable with basic tax stuff but don't want to mess up something complex and end up with penalties anyway. Also, do you know if you can switch methods mid-year? Like if I start with safe harbor payments but then land a huge project in Q3, could I switch to the annualized method for just that quarter and the rest of the year?

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Ruby Knight

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This has been such an incredibly thorough and educational discussion! As someone who's been dealing with NOL carryforwards from a business that didn't work out as planned, I really appreciate how comprehensively everyone has covered the NOL and capital gains intersection. The key takeaways I'm getting are: 1) Yes, NOLs can offset capital gains including from real estate sales, 2) There's an 80% limitation for post-2020 NOLs, 3) State tax rules may differ significantly from federal rules, and 4) The optimization requires looking at multiple years, not just the current tax year. What really strikes me is how this discussion evolved from a basic question about NOL rules into a masterclass on integrated tax planning. The interactions with NIIT, depreciation recapture, suspended passive losses, Roth conversions, and even broader investment strategy considerations show just how interconnected tax planning really is. I'm definitely going to follow the advice about getting comprehensive multi-year tax projections rather than just a consultation. Given all the variables discussed here, it's clear that optimizing NOL usage properly requires professional modeling that accounts for federal taxes, state taxes, timing strategies, and your broader financial goals simultaneously. Thanks to everyone who shared such detailed expertise - this is exactly the kind of collaborative knowledge-sharing that makes complex tax decisions much more manageable!

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Philip Cowan

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This entire discussion has been absolutely incredible to follow! As someone who's new to navigating NOLs and capital gains, I can't believe how much I've learned just from reading through everyone's insights. What really amazes me is how what seemed like a straightforward tax question about NOLs offsetting capital gains turned into such a comprehensive exploration of tax strategy. The 80% limitation for post-2020 NOLs is definitely important to understand, but as everyone has shown, that's just the starting point for proper planning. I'm particularly grateful for all the practical advice about getting comprehensive tax projections and considering multi-year strategies. As someone who was about to make some investment decisions without fully understanding the NOL implications, this discussion has probably saved me from making costly mistakes. The point about state tax conformity is especially eye-opening - I never would have thought to check whether my state follows federal NOL rules or has its own limitations. That alone could completely change the math on any investment decisions. Thanks to everyone who took the time to share such detailed expertise. This is exactly why I love this community - the willingness to dive deep into complex topics and share real-world experience that you just can't get from reading IRS publications alone!

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Chloe Delgado

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This has been an absolutely phenomenal discussion that's covered virtually every angle of NOL and capital gains planning! As someone who works in tax preparation during the busy season, I wanted to add a few practical insights that might help others in similar situations. One thing that hasn't been fully emphasized is the importance of timing your NOL usage with your overall income pattern. If you expect to be in a higher tax bracket in future years (due to business recovery, spouse returning to work, etc.), it might make sense to preserve some NOLs for those higher-income years, even with the 80% limitation. Also, for those dealing with multiple types of carryforwards (NOLs, capital loss carryforwards, charitable contribution carryforwards), the order of application matters and can affect your optimization strategy. NOLs are generally applied after most other deductions, which can create some interesting planning opportunities. Finally, I'd strongly recommend documenting your NOL planning decisions and rationale. The IRS has been increasing scrutiny of NOL claims in recent years, especially for taxpayers with significant carryforward amounts. Having clear documentation of your planning process and professional advice can be invaluable if questions arise later. The collaborative expertise shared in this thread has created an incredibly valuable resource for anyone dealing with NOL complexities. This is exactly why professional communities like this are so important for navigating our ever-changing tax landscape!

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Ethan Wilson

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I'm in the same boat but decided to go ahead and file without the donations this year. My donations only add up to about $750 in value, so it's only changing my refund by like $90. Not worth waiting weeks for that small amount when I'm getting back $3400 otherwise.

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Yuki Sato

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Smart move. I did the calculation too and my $1200 in donations only affects my refund by about $130. I think I'll follow your approach and just file now. The peace of mind of getting the bigger portion of my refund faster is worth more than waiting for the extra hundred bucks.

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Felicity Bud

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I've been dealing with this exact same frustration! After reading through all these comments, I ended up trying a hybrid approach. I used taxr.ai to organize all my donation receipts (which was honestly a lifesaver - had boxes of stuff from multiple charities), and then called the IRS using Claimyr to get an actual timeline. The IRS agent confirmed that Form 8283 should be available by January 28th, but she also mentioned something important - they're implementing new validation rules this year that might flag certain donations for review. She suggested keeping really detailed records of item conditions and fair market value calculations, especially for anything over $500. For anyone on the fence about waiting vs filing now, I'd say it depends on your donation amounts. I have about $2800 in donations which translates to roughly $400 in tax savings, so I'm waiting the extra week. But if you're only looking at $50-100 in tax benefits, probably not worth the hassle.

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Thanks for sharing your hybrid approach! That's really smart thinking. I'm curious about those new validation rules the IRS agent mentioned - did she give any specifics about what might trigger a review? I have some electronics and furniture donations that I'm worried might get flagged if I overestimate the values. Also, when you say "detailed records," does that mean we need photos of the items before donation or just the receipts from the charity?

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Ok so now I'm thoroughly confused! I have an LLC taxed as an S-corp... on the W-9, do I check LLC and write S, or do I just check S-Corp box??

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If you have an LLC that's elected to be taxed as an S-Corporation, you should check the "Limited Liability Company" box and write "S" on the line for tax classification. Don't check the "S-Corporation" box, as that's for entities that are actually incorporated as S-Corporations from a legal standpoint.

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This is such a common source of confusion! As someone who went through this exact same struggle when I first set up my LLC with S-Corp election, I totally understand the frustration. To clarify what others have said: if you formed an LLC (filed Articles of Organization with your state) and then elected S-Corporation tax treatment with the IRS (Form 2553), you are still legally an LLC. The S-Corp election only changes how the IRS taxes your business income - it doesn't change your actual business entity type. So on the W-9, you should: 1. Check the "Limited Liability Company" box 2. Write "S" on the line that asks for tax classification The "S-Corporation" checkbox is for businesses that were actually incorporated as corporations (filed Articles of Incorporation) and then elected S-Corp status. That's a different legal structure entirely. One tip: I always include a brief note on my W-9s that says something like "LLC electing S-Corp tax treatment per Form 2553" just to be extra clear. It helps avoid confusion with clients who might not understand the distinction and ensures the 1099s come back correctly.

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This is really helpful, thank you! I'm new to this community and have been lurking trying to understand all these tax classification issues. Your explanation about adding a note to clarify "LLC electing S-Corp tax treatment per Form 2553" is brilliant - I never would have thought to do that but it makes total sense to prevent confusion down the line. Quick question though - do you put that note in a specific section of the W-9 or just write it somewhere on the form? I want to make sure I'm doing it the right way from the start rather than having to deal with incorrect 1099s later like some of the other folks mentioned here.

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NebulaNinja

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Welcome to the community! I usually write that clarification note in the margins next to the LLC checkbox or at the bottom of the form where there's some white space. There isn't a specific "notes" section on the W-9, but adding that context somewhere visible has saved me from so many headaches with incorrect 1099 reporting. Just make sure the note is legible and doesn't interfere with any of the required fields. I've found that clients really appreciate the clarity, especially their accounting departments who might not be familiar with LLC S-Corp elections. It shows you know what you're doing and helps build confidence in your professionalism.

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