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NeonNova

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I'm confused cause my accountant told me I should ALWAYS send 1099s to attorneys regardless of payment method? Is she wrong??

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Your accountant is mixing up two different rules. There is a special rule that attorney payments must be reported regardless of the amount (no $600 minimum threshold like with other contractors), BUT this doesn't override the credit card exception. If you pay an attorney by check, cash, or direct bank transfer, you must report it on 1099-NEC regardless of amount. But if you pay by credit card, the reporting obligation shifts to the payment processor. Your accountant might be taking an overly cautious approach, but issuing 1099-NECs for credit card payments will create double-reporting headaches.

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I'd suggest showing your accountant the relevant IRS guidance on this. Sometimes even experienced professionals can get overly cautious with attorney payment rules because they remember the "always report attorney payments" rule but forget that it has exceptions for third-party processor payments. You might want to print out the IRS instructions for Form 1099-NEC, which specifically state that you don't need to report payments made by credit card or other third-party networks. That way you have the official documentation to discuss with her. It's better to clarify this now than deal with amended returns later!

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This is such a common confusion point! I run a small consulting business and dealt with this exact same question last year. The key thing to remember is that when you use ANY third-party payment processor (credit cards, PayPal business, Venmo business, etc.), THEY become responsible for the 1099-K reporting, not you. The special attorney reporting rule that requires reporting regardless of amount only applies to direct payments - checks, cash, wire transfers, ACH payments, etc. Credit card payments are specifically exempt from this requirement because the payment network handles the reporting. I made the mistake of double-reporting one attorney payment two years ago (sent both a 1099-NEC for a credit card payment), and it created a huge headache for my lawyer during tax season. They had to file additional paperwork to reconcile the duplicate income reporting with the IRS. Lesson learned! The safest approach: If money flows through a third-party processor, let them handle the 1099 reporting. If you pay directly, then you're responsible for the 1099-NEC.

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Lena Schultz

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This is really helpful! I'm new to running a business and was totally confused about this. Just to clarify - does this third-party processor rule apply to all types of service providers, or is there something special about attorneys that I should know about? Also, what about those payment apps like Zelle or Cash App for business payments?

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i moved from illinois to texas last year but still own a rental property in illinois. illinois department of revenue keeps sending me questionnaires about my residency status even tho i changed my drivers license, voter registration, everything to texas. so annoying!!

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Thais Soares

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Those questionnaires are actually important - respond to them fully! When you maintain property in your former state, it often triggers automatic flags in their system. Illinois is known for aggressively pursuing former residents who still have connections to the state. Keep documentation of your move date (moving expenses, lease/purchase documents for your Texas home, etc.). The rental property alone isn't enough to make you an Illinois resident, but ignoring those questionnaires could trigger a more intensive audit.

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thanks for the advice! i've been ignoring them because i thought it was just automatic junk mail. i'll definitely fill out the next one that comes. really don't want to deal with an audit from a state i don't even live in anymore.

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Ravi Gupta

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From my experience working with clients on residency issues, I'd add that state tax agencies also increasingly use third-party data services that aggregate information from multiple sources. They can cross-reference things like: - Hotel and travel bookings showing patterns of where you stay - Professional license renewals and continuing education locations - Medical appointments and prescription fills - Even Amazon delivery addresses and subscription services The key thing to understand is that residency determination isn't just about one factor - it's about the totality of your connections to a state. They're looking for your "center of vital interests" - where your most important personal and economic ties are located. If you're legitimately trying to establish residency in a new state, be thorough about severing ties with your old state. Don't just change the obvious things like your driver's license. Update everything - bank accounts, investment accounts, insurance policies, professional memberships, magazine subscriptions, even your Amazon Prime address. The more consistent your paper trail, the stronger your residency claim will be. And always keep detailed records of your physical presence. A simple calendar noting where you sleep each night can be invaluable if you're ever audited.

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Oscar O'Neil

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This is really comprehensive advice! I had no idea they could look at things like Amazon delivery addresses and prescription fills. That's kind of scary how much they can piece together about your life patterns. Quick question - if someone is genuinely trying to establish residency in a new state but maybe forgot to update some of these smaller things like magazine subscriptions or didn't realize their investment account still had the old address, would that actually hurt them in an audit? Or do they mainly care about the big stuff like where you spend most of your time and voter registration? Also, is there a specific timeframe they look at? Like if you moved in January but didn't update your Amazon address until March, would that be a red flag?

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Sophia Long

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i'm confused about our preschool situation... they're constantly fundraising and saying stuff is "tax deductible" but then I noticed their paperwork says "LLC" at the end of their name?? isn't that a regular business? can an LLC be a 501c3???? the director keeps avoiding my questions about it.

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Ravi Kapoor

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This is a huge red flag! An LLC claiming tax-deductible donations is potentially committing fraud. You should definitely demand to see their IRS determination letter immediately. If they can't produce it, I'd report this to the IRS using Form 13909 (Tax-Exempt Organization Complaint Referral Form). Also, check if any of your past "donations" to them were claimed as deductions on your tax returns. If so, you might need to file amended returns to avoid problems with the IRS later. This kind of misrepresentation can get both the organization and donors in serious trouble during audits.

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@Sophia Long This is definitely concerning and you re'right to be suspicious. The director avoiding your questions is another red flag. Here s'what I d'recommend doing immediately: 1. Stop making any donations "until" you get clarity 2. Request their EIN tax (ID number in) writing 3. Look them up on the IRS Tax Exempt Organization Search tool 4. If they refuse to provide documentation, contact your state s'attorney general office - they handle nonprofit fraud cases You might also want to check with other parents to see if they ve'been claiming these donations "on" their taxes. If multiple families have been misled, this could be a bigger issue that needs reporting. Don t'let them brush off your questions - legitimate nonprofits are always transparent about their tax status because it s'legally required.

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Sean O'Brien

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This is such an important topic that more parents need to understand! I went through this exact confusion last year when choosing between three different preschools in our area. What really helped me was creating a simple checklist to evaluate each school's tax status: - Ask directly for their EIN (Employer Identification Number) - Request a copy of their IRS determination letter if they claim 501(c)3 status - Look up their EIN on the IRS Tax Exempt Organization Search tool - Get written receipts for any contributions that specify whether they're tax-deductible - Ask them to explain in writing what portions of fees are tuition vs. donations One thing I learned is that some schools will use phrases like "suggested donation" or "voluntary contribution" for what are actually required fees - these aren't tax-deductible even if the school is a legitimate nonprofit. The key is getting proper documentation upfront rather than trying to figure it out at tax time. Also worth noting: if a preschool IS a legitimate 501(c)3, they should be filing annual Form 990s with the IRS, which are public documents you can request to see their financials and governance structure. Any reluctance to provide transparency about their tax status should be a red flag.

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This is such a comprehensive approach! As someone new to navigating preschool finances, I really appreciate the practical checklist. One question - when you mention Form 990s being public documents, where exactly can parents access these? Is there a specific website or do you have to request them directly from the school? Also, I'm wondering about timing - should I be asking for this documentation before enrolling, or is it okay to ask after my child starts? I don't want to seem overly suspicious during the initial meetings, but I also want to make sure I understand the tax implications before making any additional contributions beyond tuition.

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Thanks everyone for this incredibly helpful discussion! As someone who's been paralyzed by this decision for weeks, reading through all these experiences has been a huge relief. I'm in a very similar situation to the original poster - used standard mileage for my first three years, and this year had some major repairs that would make actual expenses more beneficial. I was terrified that I'd be "locked in" to whatever method I chose, but it's clear now that since I started with standard mileage, I have the flexibility to optimize each year. The key insight about tracking the "deemed depreciation" from standard mileage years is something I never would have thought of on my own. I'm definitely going to create a spreadsheet to track my vehicle's adjusted basis going forward so I don't run into problems later. One follow-up question - for those who have switched methods multiple times, do you find that tax software handles the basis calculations automatically, or do you have to manually input the adjustments? I'm using TurboTax and want to make sure I'm doing this correctly.

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Alana Willis

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Great question about tax software! I've been using TurboTax for years and unfortunately it doesn't automatically calculate the basis adjustments when switching between methods. You'll need to manually track your vehicle's adjusted basis in a separate spreadsheet. What I do is keep a simple worksheet with: original vehicle cost, total "deemed depreciation" from standard mileage years (using the IRS depreciation tables for each year's standard rate), and the resulting adjusted basis when I switch to actual expenses. Then I manually enter that adjusted basis into TurboTax's depreciation section. The good news is once you set up the tracking system, it's pretty straightforward to maintain year over year. Just make sure to save your calculations with your tax records since this is exactly the kind of documentation the IRS would want to see if they ever question your vehicle deductions.

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I've been following this discussion closely as I'm in almost the exact same boat as the OP. Used standard mileage for my consulting business for the past two years, and this year I had a $3,200 engine repair that would make actual expenses much more advantageous. What really helped clarify things for me was finding the specific IRS Revenue Procedure that addresses this - Rev. Proc. 2010-51. It explicitly states that if you use the standard mileage rate in the first year you place the vehicle in service for business use, you can choose to use either the standard mileage rate or actual expenses in any subsequent year. The key calculation everyone's mentioning about "deemed depreciation" is found in the annual IRS notices that update the standard mileage rates. For example, for 2023 the depreciation component was 28 cents per mile, 2022 was 27 cents per mile, etc. You multiply your business miles for each year by that year's depreciation component to get your total deemed depreciation. One thing I learned from my tax preparer is to document your reasoning for switching methods each year. While not required, having a brief note in your files explaining why actual expenses were more beneficial (major repairs, lower mileage year, etc.) can be helpful if the IRS ever questions the frequent method changes. Thanks to everyone who shared their experiences - it's made this decision much less stressful!

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This is incredibly helpful information! Thank you for mentioning Rev. Proc. 2010-51 - I've been searching for the specific IRS guidance on this and that's exactly what I needed. The fact that it explicitly states you can choose either method in subsequent years if you started with standard mileage removes all the uncertainty I had. Your point about documenting the reasoning for switching is smart too. Even though it's not required, having a paper trail showing why actual expenses made more sense (like your $3,200 engine repair) seems like good practice for something that could potentially be scrutinized. I'm going to create a simple worksheet tracking my deemed depreciation using those annual depreciation components you mentioned. Do you happen to know where the IRS publishes those annual breakdowns of what portion of the standard rate represents depreciation? I want to make sure I'm using the official numbers.

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This thread has been incredibly educational - I had no idea how sophisticated the IRS tracking systems have become or how much the "protest" framing could backfire legally. What really stands out to me is how many people here have shared stories about the IRS actually being reasonable when approached proactively, versus absolutely ruthless when they have to chase someone down. It seems like your cousin is choosing the worst possible path when better options are still available. The bank levy story from QuantumQuester really drives home what "getting caught" actually looks like in practice - not some dramatic arrest, but waking up to find your entire checking account emptied with no warning. That's probably a more effective wake-up call than abstract warnings about jail time. If I were in your shoes, I'd print out this entire thread and sit down with him. Sometimes seeing multiple strangers all telling the same story carries more weight than family advice. The tax attorney's point about voluntary disclosure programs and the stories about services like taxr.ai and Claimyr might give him concrete next steps instead of just feeling overwhelmed by the whole situation. The window for handling this the "easy way" is closing. Every day he waits, those penalties are compounding and he's losing negotiating power. His anti-system protest is ironically just going to make the system come down harder on him.

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Zoe Papadakis

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This is such a comprehensive thread - I'm saving it to share with anyone I know who might be in a similar situation. The combination of professional advice from the tax attorney, real horror stories from people who learned the hard way, and practical solutions really covers all the bases. What strikes me most is how the voluntary vs. involuntary compliance makes such a huge difference in outcomes. It's like the IRS has two completely different faces - one that's willing to work with you if you come forward, and another that's absolutely merciless if they have to hunt you down. The cousin's "protest" angle is particularly troubling because he's essentially gift-wrapping a criminal intent case for prosecutors if it ever gets to that point. Someone needs to explain to him that effective protest requires actually having the moral high ground, and deliberately breaking tax laws while bragging about it isn't exactly the path to martyrdom he seems to think it is. Hopefully showing him all these real experiences will break through the ideological stubbornness. Sometimes people need to hear "this is what actually happened to me" rather than "this is what could theoretically happen to you.

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Yara Elias

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Reading through all these responses has been really eye-opening. As someone who works in financial services, I see the aftermath of IRS collection actions regularly, and everything shared here aligns with what I witness professionally. The most important point that keeps coming up is timing - your cousin still has options right now that disappear once the IRS initiates collection proceedings. I've seen clients who owed $5,000 in back taxes end up paying $15,000+ after penalties, interest, and collection fees because they waited too long to address the situation. What's particularly concerning about the "protest" framing is that it eliminates the most common defenses people use in tax cases - reasonable cause, lack of willful intent, financial hardship, etc. He's essentially creating documentation of deliberate non-compliance, which prosecutors love to see in criminal referral cases. The IRS data matching capabilities mentioned here are no joke. They receive copies of every W-2, 1099, bank interest statement, and dozens of other income documents. Cross-referencing this information to find non-filers is largely automated now. Moving apartments won't help when his SSN is tied to employment and banking records. I'd strongly encourage showing him this thread, especially the real experiences people have shared. Sometimes peer stories are more convincing than professional warnings. The voluntary disclosure window won't stay open indefinitely, and every month he waits, those penalties compound.

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As someone new to this community, I just wanted to say how helpful this entire thread has been. I'm dealing with a similar situation with a family member who's been avoiding filing taxes, and reading all these real experiences and professional advice has given me so much clarity on what we're actually facing. The point about timing really resonates - it sounds like there's still a window to handle this the "easy way" but it's closing fast. The automated data matching capabilities you mentioned are honestly pretty scary when you think about how much financial information the IRS actually has access to. What really stood out to me is how many people emphasized that the IRS is actually reasonable when you approach them voluntarily, but becomes much less flexible once they have to chase you down. That seems like the key message for anyone in this situation - you still have negotiating power if you act now, but you lose it completely if you wait for them to find you. Thanks to everyone who shared their stories and expertise. This thread should be required reading for anyone thinking they can just ignore the IRS indefinitely.

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