Andrew Samaniego | Tax Resolution Blog | CA

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Defending Your Schedule C Against ‘Hobby Loss’ Challenges

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Happy Monday, Debt Deck Swabbers! Today, let’s dive into a topic as tricky as a deflated air mattress on a cold camping night—navigating the murky waters of IRS ‘hobby loss’ challenges on your Schedule C. But first, a quick tale from the great outdoors…

Last weekend, Kanoe and I set out for what promised to be a refreshing camping trip in the mountains of eastern San Diego. We were all set for a night under the stars—burgers, campfire, smores, and the sounds of nature all around. But fate had other plans. Just as we settled in, we discovered our air mattress had deflated, thanks to an unlucky puncture. Instead of enduring a miserable night, we chose to pack up and head home, ready to try again another day.

This brings us to our main discussion: what do you do when the IRS challenges your business expenses on Schedule C as not being legitimate business expenses but rather, hobby expenses? Like our camping mishap, you can either suffer through it, hoping it goes away, or take proactive steps to ensure you’re on solid ground.

What is a ‘Hobby Loss’?

The IRS scrutinizes business claims, especially on Schedule C, to determine if they’re genuinely aimed at making a profit or are just hobbies. Under the so-called ‘hobby loss’ rule, expenses from activities not engaged in for profit cannot be used to offset other income. This can be a major issue for small businesses and freelancers whose business intentions are questioned by the IRS.

How to Defend Your Schedule C

1. Prove Your Profit Motive: The key to defending against a hobby loss challenge is to demonstrate a clear intent to make a profit. This includes maintaining accurate books, having a business plan, and adjusting strategies to increase profitability.

2. Documentation is King: Just as you would map out a camping trip, map out your business activities. Keep meticulous records of all expenses, receipts, and logs of business activities. This documentation can be crucial in proving the legitimacy of your expenses.

3. Separate Business and Pleasure: Ensure that your business finances are completely separate from personal expenses. This clear separation helps reinforce the legitimacy of your business.

4. Educate Yourself on IRS Expectations: Understanding what the IRS looks for in distinguishing a hobby from a business can give you an upper hand. Typically, if an activity makes a profit in at least three of the last five years, the IRS presumes it’s carried out for profit.

5. Seek Professional Help: Navigating IRS regulations and defending your business can be complex. Partnering with an Enrolled Agent who specializes in tax resolution can provide you with the expertise needed to effectively defend your Schedule C.

Ready to Take Action?

Don’t let IRS challenges deflate your business ambitions. If you find yourself facing a ‘hobby loss’ challenge or need help ensuring your business is IRS-proof, it’s time to act. Visit AndrewSamaniego.com to schedule an appointment with a firm that specializes in tax resolution. Just like deciding to pack up and head home instead of enduring a bad situation, choosing to seek professional help can be the fresh start your business needs.

Remember, sometimes the best way to deal with a setback is to regroup and come back stronger. Let’s get your business on firm footing and keep it moving forward, no matter what challenges you face.

Andrew Samaniego, EA, CTRC, MSCTA

Andrew Samaniego Tax Planning & Resolution

(619) 268-1084  |  AndrewSamaniego.com

Your Ultimate Guide to Resolving Tax Debt

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Debt Deck Swabbers! It’s a refreshing morning here in San Diego, with the recent heat wave finally giving us a break. I’m outside enjoying some quality reading time, and speaking of reading, I’m thrilled to announce that my book, IRS Battle Plan: Guide to Winning Your Tax War, is just about ready to hit the shelves on Amazon and Kindle. This book isn’t just a collection of tips—it’s an essential survival guide for anyone navigating the treacherous waters of IRS troubles.

Why You Need a Battle Plan

If you’re dealing with back taxes, the IRS can seem like an unbeatable foe. But just like preparing for a weekend camping trip in the mountains, tackling IRS debt requires preparation, strategy, and the right tools. Whether you’re trying to stay out of trouble or find your way back from behind enemy lines, understanding the steps to resolve tax debt is your first order of business.

Step 1: Assess Your Situation

The first step in any good battle plan is to understand the terrain. In the case of tax debt, this means getting a clear picture of how much you owe and why. This could involve pulling up your IRS transcripts to see your account details, which include past due amounts, penalties, and interest charges.

Step 2: Consider Your Options

Once you know what you’re dealing with, it’s time to explore your options. Here are a few strategies that might be part of your plan:

  • Installment Agreement: This allows you to pay your debt over time.
  • Offer in Compromise: This is an agreement to settle your debt for less than the amount owed, if you can prove that paying the full amount is financially infeasible.
  • Currently Not Collectible Status: If you can prove that paying the debt would lead to financial hardship, the IRS may determine you’re not collectible, which stalls collection activities.

Step 3: Take Action

Knowing your options isn’t enough; you must take decisive action. This might involve filling out forms, submitting documentation, and perhaps most importantly, negotiating with the IRS. This is where having a seasoned Enrolled Agent can make a world of difference.

Step 4: Stay Compliant

After you’ve set your plan in motion, staying compliant is crucial. This means filing all future returns on time, making all required payments, and ensuring that you don’t fall back into the IRS radar for the wrong reasons.

Step 5: Equip Yourself with Knowledge

To successfully navigate these steps, you need knowledge, and that’s where IRS Battle Plan comes into play. It’s designed to be your handbook, your survival guide, and yes, your new best friend in the battle against tax debt.

Ready to Take Control?

If you’re ready to tackle your IRS debt head-on but aren’t sure where to start, scheduling an appointment with an Enrolled Agent specializing in tax resolution can be your best first step. Visit AndrewSamaniego.com to book a consultation. Together, we can review your situation, discuss your options, and start plotting your victory against the IRS.

Remember, like a well-planned camping trip, successfully resolving tax debt takes preparation, perseverance, and the right guide. Let’s get you equipped and ready to clear those tax hurdles and enjoy financial freedom!

Andrew Samaniego, EA, CTRC, MSCTA

Andrew Samaniego Tax Planning & Resolution

(619) 268-1084  |  AndrewSamaniego.com

Stop Your Tax Problem from Becoming a Wildfire: The Critical First Step to Extinguish It Now!

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Southern California has been grappling with raging wildfires, a stark reminder of how quickly a small spark can escalate into an all-consuming blaze. My own parents faced evacuation, and as we all watch these fires threaten homes and peace of mind, I can’t help but draw parallels to another kind of disaster many face: tax problems.

Tax Troubles: A Financial Wildfire

Just like those wildfires, unresolved back taxes can quickly spread through your financial landscape, causing destruction that’s hard to control. Levies on your bank accounts, liens on your property, and more can erupt suddenly from the smoldering embers of unpaid taxes. But there’s one critical step you can take today to prevent these sparks from turning into a wildfire: securing your IRS Transcripts.

Why IRS Transcripts?

Think of IRS Transcripts as your firebreak. They provide a detailed record of your past filings, payments, penalties, and other critical tax-related information. Here’s why they’re indispensable:

  1. Clarity on What You Owe: Before you can tackle a problem, you need to understand it. Transcripts give you a clear picture of what the IRS thinks you owe, including any interest or penalties that have accumulated over the years.
  2. Identifying Errors: Sometimes, the IRS gets it wrong. Transcripts allow you to see exactly what they’ve recorded, enabling you to spot mistakes and address them before they lead to financial ruin.
  3. Planning Your Strategy: Armed with this knowledge, you can develop an informed strategy to negotiate or set up payment plans. It’s about knowing the terrain before you walk into battle.

The First Line of Defense

Before you even think about negotiating with the IRS or tackling your tax debt head-on, get your hands on your IRS Transcripts. This is your first line of defense, the critical step to stop your tax problems from spiraling out of control.

How to Get Your IRS Transcripts

Getting your transcripts is straightforward:

  • Online: You can easily request them through the IRS’s Get Transcript online tool.
  • By Mail: If you prefer, you can request to have them mailed to you directly from the IRS website.

Don’t Face the Flames Alone

While obtaining your transcripts is something you can do on your own, navigating the complexities of what comes next often requires professional help. This is where an Enrolled Agent comes in. As a tax professional specializing in tax resolution, I can help you interpret your transcripts, develop a plan to manage your tax debts, and represent you in dealings with the IRS.

Ready to Take Action?

If you’re ready to stop your tax problems from becoming a wildfire, the time to act is now. Head over to AndrewSamaniego.com to schedule an appointment or get my free E-Book. Together, we can assess your situation, understand the scope of your tax issues, and start taking the steps necessary to get your financial life back under control.

Remember, like wildfires, tax problems are easier to manage when caught early. Let’s tackle this before it spreads any further.

Andrew Samaniego, EA, CTRC, MSCTA

Andrew Samaniego Tax Planning & Resolution

(619) 268-1084  |  AndrewSamaniego.com

Why Ignoring Your Bookkeeping Could Be the Worst Financial Mistake of Your Life

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You’ve got a business to run, a life to live, and maybe even a mountain of debt hanging over your head. And what’s sitting on your desk? A mountain of receipts and a pile of unopened letters from the IRS.

Now, I know what you’re thinking. “I’ll deal with it later.” But let me tell you something—later isn’t good enough. Ignoring your bookkeeping isn’t just lazy; it’s a financial disaster waiting to happen.

You see, without proper bookkeeping, you’re flying blind. You don’t know where your money is coming from, where it’s going, or worse—how much you owe the IRS. And if you think the IRS is just going to forget about you, think again. They have a long memory, and they aren’t shy about coming after what they’re owed.

But there’s a silver lining here—a way out if you’re willing to take action.

First things first: Gather every financial document you can find. I don’t care if it’s crumpled in a shoebox or buried under old magazines. You need to know what you’re dealing with.

Then, use some technology to your advantage. Get yourself some good accounting software—QuickBooks, Xero, whatever works for you. These tools can make a world of difference in keeping your finances organized and, more importantly, in keeping you sane.

Now, here’s where it gets interesting. Ever heard of the Cohan Rule? If not, let me introduce you to your new best friend. Named after George M. Cohan, a guy who knew how to play the system, the Cohan Rule lets you estimate your expenses even if you don’t have all the receipts. Yep, you read that right.

But hold on—don’t start celebrating just yet. The Cohan Rule isn’t a free pass to fudge your numbers. You need a reasonable basis for your estimates. That means showing some form of evidence, like bank statements or credit card records, to back up your claims. The IRS might let you slide with a reasonable estimate, but they’re not stupid.

Once you’ve cleaned up your books and know exactly what you owe, set up a system to keep it that way. Dedicate a regular time each week to update your records. Make it a habit, just like brushing your teeth. You wouldn’t go a week without brushing your teeth, right? So why would you go a week without keeping your books in order?

And if this all sounds like too much, or if you’re not sure where to start, get some help. A bookkeeper or an Enrolled Agent can make all the difference. They can ensure your records are accurate, help you stay on top of things, and keep the IRS off your back.

Look, catching up on bookkeeping isn’t glamorous. It’s not fun. But it’s one of the best things you can do for your business and your peace of mind. And trust me, when the IRS comes knocking, you’ll be glad you did.

So roll up your sleeves, dive into those records, and take control of your financial future. Because ignoring your bookkeeping? That’s the worst mistake you could make.

Now get to it! Your future self will thank you.

Want to dive deeper into this topic and get some practical tips on how to catch up on your bookkeeping? Check out my latest YouTube video where I break it all down step by step. Click the link and let’s get those books in order together!

Andrew Samaniego, EA, CTRC, MSCTA

Andrew Samaniego Tax Planning & Resolution

(619) 268-1084  |  AndrewSamaniego.com

Getting the IRS to Withdraw Its Lien Notice: Essential Steps

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As I wrap up the final touches on my upcoming book, IRS Battle Plan: Guide to Winning Your Tax War, I’ve been diving deep into strategies for tackling some of the toughest challenges posed by the IRS, including the dreaded tax lien. Before diving into how to get such a lien withdrawn, it’s crucial to understand the chain of events leading up to this severe action, especially if you’ve recently received an IRS Letter 11.

The Prelude to a Lien: The Critical Role of IRS Letter 11

In the last two weeks alone, the IRS has sent out millions of Letter 11 notices. If you’ve received one, it’s a clear signal that the IRS is serious about collection. This letter isn’t just a warning; it’s a prelude to more drastic measures, such as tax liens or levies. This is your wake-up call, signaling that immediate action is necessary.

Why is an Enrolled Agent crucial now? As an Enrolled Agent, I specialize in tax resolution and can act as your authorized representative before the IRS, handling negotiations and paperwork on your behalf. If you’ve received a Letter 11, consulting with an Enrolled Agent like myself is crucial. We have the expertise to navigate the complex IRS landscape and can develop a strategy to respond effectively, potentially preventing the situation from escalating to a lien.

Why a Lien Withdrawal Matters

A tax lien is a public declaration by the IRS that it has a legal claim against your property due to unpaid tax debt. This notice can severely damage your credit, hinder your ability to use or sell your assets, and tarnish your financial reputation.

Step-by-Step Guide to Withdrawing an IRS Lien Notice

Here’s how you can combat an IRS lien effectively:

Step 1: Understand the Lien Process Learn why the lien was filed to better understand how to address it. Liens follow serious delinquencies and unresolved debts.

Step 2: Get Current Ensure all tax returns are filed. This is your foundational step toward resolution.

Step 3: Pay the Debt or Make Arrangements If possible, clear the debt. If not, negotiate an installment agreement that fits your financial situation.

Step 4: Apply for a Withdrawal Submit IRS Form 12277, requesting the withdrawal of the Notice of Federal Tax Lien, once you’re compliant and have a plan in place.

Step 5: Advocate for Your Case Active follow-up is essential. Provide additional documentation and communicate regularly with the IRS through your Enrolled Agent.

Why Act Fast?

The issuance of Letter 11 is a critical juncture. Fast, informed action is necessary to prevent the escalation to a lien, which can further complicate your financial life.

Conclusion

Dealing with the IRS, especially when facing the threat of a lien, can be daunting. The right guidance and action plan can make a significant difference. If you’ve received an IRS Letter 11 or are under threat of a lien, don’t wait. Visit CrushIRSAnxiety.com to download my e-book for comprehensive strategies on managing your tax issues. As an Enrolled Agent, I’m here to help you navigate these troubled waters, ensuring you take the right steps to protect your assets and peace of mind.

Andrew Samaniego, EA, CTRC, MSCTA

Andrew Samaniego Tax Planning & Resolution

(619) 268-1084  |  AndrewSamaniego.com

The IRS is Coming After You NOW: Understanding Letter 11(LT11) and Your Immediate Action Plan

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Hey there! Just wrapped up day two at the National Association of Tax Professionals Conference, and let me tell you, the atmosphere was electric—charged with a mix of anticipation and a dash of dread. Why the dread? Well, the IRS agents dropped a bombshell: they’re unleashing thousands of LT11 notices. Those in the know call this deluge “The Tidal Wave.” It’s a clear signal: the IRS is not just knocking; they’re banging down doors demanding their dues.

What Exactly is an LT11 Notice?

For those out of the loop, an LT11 notice, or Letter 11, is essentially the IRS’s final warning shot before they take serious collection actions against you. This notice is the last courtesy call before levies are placed on your assets, including bank accounts, wages, and even your home. Yes, it’s as scary as it sounds, but here’s the kicker—you can still act to prevent this financial catastrophe.

Why You Should Take an LT11 Seriously

Receiving an LT11 means you’re on the brink. The IRS is gearing up to take whatever they can to settle your debt, and they’re legally armed to do so. Ignoring this letter is like ignoring a ticking time bomb in your lap. But here’s your silver lining: the LT11 also means you still have a small window to negotiate or pay before the IRS moves forward with harsher measures.

What Can You Do to Stop the IRS Today?

  1. Don’t Panic, Act! First and foremost, keep your cool. Panicking won’t help, but taking immediate action will. This is your last chance to take control of the situation.
  2. Understand Your Rights The LT11 should come with a notice of your right to a hearing (also known as a Collection Due Process or CDP hearing). Requesting this hearing can temporarily halt any collection actions, giving you time to sort things out.
  3. Set Up a Payment Plan If you can’t pay the full amount right now, setting up a payment arrangement might be your best bet. The IRS is often open to installment agreements if you approach them before they start enforcing collection.
  4. Consider an Offer in Compromise (OIC) This is a long shot, but it’s worth considering. An OIC allows you to settle your tax debt for less than the full amount you owe. It’s a complex process, but if you qualify, it could significantly reduce your burden.
  5. Get Professional Help This is not the time for DIY tax management. A tax professional, especially one skilled in dealing with IRS disputes, can be your lifeline. They can help you understand your options, represent you in negotiations with the IRS, and even accompany you to your CDP hearing.

Conclusion: Don’t Wait for the Wave to Crash

If you’ve received an LT11, the clock is ticking. Every moment counts, and taking swift, informed action is critical. This is your chance to get ahead of the wave before it crashes down.

Need more guidance? I’ve got you covered. Visit CrushIRSAnxiety.com to download my e-book, packed with strategies on how to handle your IRS issues effectively. Whether you’re dealing with an LT11 or any other IRS notice, it’s time to turn your anxiety into action. Don’t let the IRS dictate your next move—take charge today!

Andrew Samaniego, EA, CTRC, MSCTA

Andrew Samaniego Tax Planning & Resolution

(619) 268-1084  |  AndrewSamaniego.com