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I went through this exact situation with some worthless biotech stocks from 2012. Unfortunately, you're right that amending returns from over 10 years ago isn't an option anymore - the IRS only allows amendments within 3 years of the original filing date (or 2 years from when you paid the tax, whichever is later). Having your broker remove the shares won't create a current-year tax loss either. The loss needs to be recognized in the year the stock actually became worthless, not when it's removed from your account. However, there might be one legitimate option: if you can document that you never had a reasonable opportunity to discover the stock was worthless during the proper timeframe (maybe the company kept filing reports or your broker continued showing it as active), you could potentially file Form 8082 with a detailed explanation. This is a long shot and would likely trigger IRS scrutiny, but it's within the tax code. Before going that route, I'd suggest consulting with a tax professional who specializes in securities transactions. The potential tax savings need to be weighed against the cost and risk of an IRS inquiry.
This is really helpful advice about Form 8082! I'm curious though - what kind of documentation would actually convince the IRS that you "never had a reasonable opportunity to discover" the worthlessness? Would broker statements showing the stock still listed with a price (even if $0.01) be enough evidence, or do you need something more substantial like company filings that were misleading about their financial status?
I dealt with a similar situation a few years back with some energy company stocks that went to zero around 2010. What worked for me was proving that the broker continued to show the securities as "active" in their system even after they became worthless, which prevented me from realizing I could claim the loss. The key documentation I used was: (1) historical broker statements showing the stocks were still listed with minimal prices like $0.0001 rather than marked as "worthless," (2) proof that the companies continued filing quarterly reports with the SEC even while essentially defunct, and (3) evidence that the broker never sent any notification about the securities becoming worthless. I filed Form 8082 along with a detailed letter explaining that the broker's continued listing of these securities with nominal values misled me into thinking they retained some potential value. The IRS accepted it after about 8 months of back-and-forth correspondence, but I had to provide extensive documentation. The process was stressful and required working with a CPA who specialized in these situations, but ultimately I was able to recover about $12,000 in capital losses that I thought were gone forever. Just make sure you have rock-solid documentation before going this route.
This is exactly the kind of real-world example I was hoping to see! The documentation strategy you used sounds really thorough. I'm particularly interested in the SEC filing angle - how did you prove that continued quarterly reports were misleading about the company's actual status? Did you have to show that the filings contained overly optimistic language or failed to adequately disclose that equity holders would likely recover nothing? Also, was the 8-month timeline typical for this type of IRS review, or did you face any particular complications that drew it out?
This thread has been incredibly helpful for understanding what seems to be a really common issue! I'm in a very similar situation where my employer has been adding our backup childcare benefits as imputed income to my W-2, and I had no idea this might be incorrect under Section 129. What really resonates with me is how many different companies seem to be handling this inconsistently. Some employers get it right and exclude the benefits, others default to taxing everything. It sounds like there's a real knowledge gap about how these backup care programs should be classified under existing tax law. Based on everyone's experiences here, I'm planning to take a two-step approach: first, claim the imputed income amounts on Form 2441 for this tax year since I'm effectively paying for that care through additional taxes, and second, work with my HR department to get this corrected going forward. The advice about approaching HR professionally with IRS Publication 15-B and framing it as "help me understand your reasoning" rather than "you're doing this wrong" seems really smart. I'm also going to ask them to check with our backup care provider about proper tax treatment - it sounds like many of these companies specifically structure their programs to qualify under Section 129. Thanks to everyone who shared their experiences and solutions. It's frustrating that working parents have to become tax experts to make sure we're not overpaying on benefits that are supposed to help us, but at least this community makes it possible to figure out the right approach!
Your two-step approach sounds really solid! I'm in a similar boat and have been following this thread closely. One thing I'd add is to make sure you document everything with dates when you meet with HR - not just what they say, but when you had the conversation and what materials you provided them. I've found that sometimes these discussions can drag out over multiple meetings or email exchanges, and having a clear timeline helps if you need to escalate later or if they claim they weren't aware of the issue. Also, if you do end up needing to file amended returns for prior years (like some others mentioned), that documentation could be really valuable for supporting your case with the IRS. The point about asking HR to check with the backup care provider is brilliant - I hadn't thought of that approach. It puts the burden on them to verify their classification rather than making you prove they're wrong. Much more collaborative approach that's likely to get better results. Good luck with your HR meeting! Hopefully we can all get these issues resolved and help other working parents avoid overpaying taxes on benefits that should be helping our families.
This has been such an eye-opening discussion! I'm dealing with this exact same issue where my employer treats backup childcare benefits as taxable imputed income, and I had no idea this was potentially incorrect under Section 129. After reading through everyone's experiences, I'm realizing this is much more widespread than I initially thought. It seems like there's a real disconnect between what the tax code allows (the $5,000 exclusion under Section 129) and how many payroll departments actually implement these benefits. I'm particularly struck by the point several people made about backup care providers like Bright Horizons specifically designing their programs to meet Section 129 requirements. If the service providers themselves are structuring these benefits to qualify for the tax exclusion, it really highlights how employers should be handling this. For my situation, I'm planning to follow the two-pronged approach that seems to work best: claim the imputed income amounts on Form 2441 for this year's taxes (since I'm effectively "paying" for that care through additional taxes), while also working with HR to get this corrected for future years. The advice about bringing IRS Publication 15-B to HR and asking them to explain their rationale rather than accusing them of mistakes seems really smart. I'm also going to ask if they've consulted with our backup care provider about proper tax treatment - that seems like a diplomatic way to get them to verify their current approach. Thanks to everyone who shared their experiences and solutions! It's frustrating that working parents have to become tax experts just to make sure we're not overpaying, but this community discussion has made navigating this complex situation so much more manageable.
This thread has been incredibly valuable for me as well! I'm just starting to deal with this issue and seeing everyone's different approaches and outcomes gives me so much confidence in how to handle it. What really stands out to me is how consistent the advice has been across different situations - whether people are dealing with Bright Horizons, KinderCare, Care.com, or other providers, the core issue seems to be the same. Employers are either unaware of Section 129 rules or defaulting to over-taxation to be "safe." I'm planning to start with the Form 2441 approach for this year since I've already been paying taxes on imputed income, but I'm also going to be proactive about the HR conversation. The suggestion to ask them to verify their approach with the backup care provider directly is genius - it makes it their responsibility to double-check rather than putting me in the position of challenging their expertise. One thing I'm wondering about - for those who successfully got this corrected with HR, how long did it typically take from initial conversation to actual payroll changes? I want to set realistic expectations for when I might see improvements, especially since we're getting into tax season now. Thanks again to everyone for sharing their experiences! This is exactly the kind of community support that makes these complex tax situations manageable for working parents.
One thing that helped me tremendously during my C-Corp dissolution was creating a comprehensive checklist of all the requirements. Beyond the final 1120 and Form 966 that others mentioned, don't forget about: - Canceling your EIN with the IRS (though you can't reuse it, proper cancellation helps avoid future correspondence) - Notifying any states where you were registered to do business - Final sales tax returns if applicable - Canceling business licenses and permits - Properly handling any remaining contracts or leases For the tax law changes question, I found that most changes between years are published in IRS Publication 542 (Corporations) updates. The IRS typically highlights significant changes that would affect final returns. In my experience, the changes were minimal and mostly related to standard deduction amounts and depreciation schedules. Also, keep detailed records of everything - the dissolution process, asset distributions, final filings. The IRS sometimes follows up years later with questions about dissolved corporations, especially if there were significant assets involved.
This is such a helpful comprehensive list! I'm just starting my dissolution process and hadn't thought about half of these requirements. Quick question - when you mention canceling the EIN, do you have to do anything special or just stop using it? Also, did you run into any issues with final sales tax returns if you hadn't made any sales in the final quarter?
For the EIN cancellation, you don't actually "cancel" it in the traditional sense - once issued, an EIN stays with that entity forever. What you do is notify the IRS that the business entity has been dissolved by sending a letter to the IRS Business & Specialty Tax Line. Include your EIN, business name, business address, the reason you're closing (dissolution), and the date of dissolution. This stops future IRS correspondence to that EIN. Regarding sales tax returns - yes, you typically still need to file a final return even with zero sales. Most states require a final return marked as "final" to officially close your sales tax account. I had zero sales in my final quarter but still had to file the return showing $0. Some states will actually keep sending you filing requirements until you file that final return, even years after dissolution. Better to just file it and be done with it!
I went through this exact situation with my C-Corp dissolution in early 2024, and I can confirm that using the previous year's form is completely normal and accepted by the IRS. The key is being thorough with your documentation. When they mention "taking into account tax law changes," they're primarily referring to major changes like tax rates, significant deduction modifications, or new reporting requirements. For 2025, the changes affecting most small C-Corps are relatively minor. You don't need to become a tax law researcher - focus on the obvious changes that would affect your specific situation. Here's what worked for me: 1. Clearly write "2025 TAX YEAR" at the top of the 2024 form 2. Check the "Final Return" box 3. Include a brief statement: "Using 2024 Form 1120 for 2025 tax year due to unavailability of current year form as permitted by IRS instructions" 4. Attach your dissolution documentation and any required schedules The IRS processes thousands of these final returns using prior year forms, especially early in the year. They understand the timing issues and have procedures in place to handle it. Just make sure all your asset distributions and final calculations are accurate, and you'll be fine. Don't let the technical language intimidate you - this is a routine filing situation that the IRS deals with regularly.
This is exactly the kind of clear, step-by-step guidance I was hoping to find! As someone who's never gone through a business dissolution before, the IRS language can be pretty intimidating. Your point about this being a routine situation really helps put it in perspective - I was worried I was doing something unusual or risky by using the 2024 form for a 2025 dissolution. One follow-up question: when you mention "attach your dissolution documentation," what specifically did you include? I have the articles of dissolution filed with my state, but I'm wondering if there are other documents the IRS expects to see with the final return. Also, did you run into any delays or additional scrutiny from the IRS because you used the prior year form, or did it process just like a normal return?
I'm dealing with a very similar situation right now with my foreign disregarded entity LLC, and reading through all these responses has been incredibly helpful! I've been stressed about the same capital contribution reporting issues across Forms 5472, 1120, and 1040NR. What's giving me confidence is seeing how many people have successfully navigated this exact scenario. The consistent advice about creating a comprehensive documentation package and being transparent with the IRS makes a lot of sense. I particularly appreciate the emphasis on understanding that these forms are supposed to look different from each other - that's been my biggest mental hurdle. One question I have for those who've been through this: When you created your capital contribution statement, did you also include information about future planned contributions, or just focus on what had already been contributed? I'm planning to make additional capital contributions throughout the year and want to make sure I'm setting up my documentation correctly from the start. Also, for those using tax software, did you find any particular programs that handle foreign disregarded entity reporting better than others? I'm trying to decide whether to invest in more specialized software or work with what I have and just be extra careful with the documentation. Thanks to everyone who's shared their experiences - this community has been invaluable for understanding this complex process!
Welcome to the community! I'm also navigating foreign disregarded entity reporting for the first time, so it's really reassuring to see so many people who've successfully worked through these same challenges. Regarding your question about future planned contributions - from what I've gathered from the responses here, I think it's best to focus your documentation on what has already occurred rather than planned future contributions. The forms are designed to report actual transactions that happened during the tax year, not prospective ones. You'll want to document each capital contribution as it happens throughout the year and then report them on next year's forms accordingly. For tax software, several people mentioned that general programs like TurboTax don't handle Form 5472 well, but some had success with TaxAct once they understood what needed to be done. It sounds like the key is having the knowledge first, then using the software as a tool rather than relying on it for guidance. I'm also planning to create that comprehensive capital contribution statement that everyone's recommending - it seems like that proactive documentation approach is what gives people confidence in their filings. The transparency and clear paper trail appears to be much more important than finding the "perfect" software solution. Thanks for asking these questions - they're helping me think through my own approach too!
I completely understand your stress about this - I was in almost exactly the same position with my foreign disregarded entity LLC when I first had to deal with these forms. The coordination between Forms 5472, 1120, and 1040NR for capital contributions is definitely one of the more confusing aspects of international tax compliance. From my experience and working with a specialist, here's the approach that worked: **Form 5472**: You're correct about the Part V attachment, but you also need to report the capital contribution on Part IV Line 12 "Other amounts received." I know it feels like you're reporting it twice, but they serve different purposes - Part IV tracks the cash flow, Part V provides the detailed breakdown. **Form 1120**: Look for Schedule L (Balance Sheet). Your capital contribution should appear under owner's equity, typically on lines related to "Capital stock" or "Additional paid-in capital." It's not income, so it shouldn't appear in the revenue sections. **Form 1040NR**: You're absolutely right - capital contributions don't belong on Schedule C or anywhere else on your individual return since they're not personal income. The key insight that helped me was realizing that these forms are designed to capture different aspects of the same transaction for different regulatory purposes. They're supposed to look different from each other. I highly recommend creating a one-page capital contribution statement that explains the transaction and specifically notes where it appears (or doesn't appear) on each form. Attach this to your return and reference it in the margins of each form. This level of transparency shows the IRS you understand what you're doing. You're being appropriately careful, which puts you way ahead of people who just guess. Take a deep breath - this is manageable once you understand the framework!
Yuki Yamamoto
I'm dealing with this exact same issue and it's been incredibly frustrating! My EFIN application has been rejected three times now with that same generic "information doesn't match IRS records" error. Reading through this thread has been eye-opening - I had no idea there were so many potential causes. My situation is a bit different though - I'm a sole proprietor who got my EIN about 6 weeks ago, so timing shouldn't be the issue. But I'm wondering if the problem might be related to my personal information vs business information. I used my legal name for the EIN application, but I operate under a DBA name for my tax prep business. Has anyone encountered issues where you need to use your legal name (as it appears on your SSN/tax returns) versus your business DBA name in the EFIN application? I've been trying variations of my business name formatting, but maybe I should be focusing on whether to use my personal legal name or DBA name instead. Also, for those who successfully got through to the e-help desk - did you call the general IRS number or is there a specific number for EFIN application issues? I want to make sure I'm calling the right line when I try the early morning approach. This community troubleshooting has been more helpful than anything I've found in official IRS documentation!
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Manny Lark
ā¢@Yuki Yamamoto - The sole proprietor/DBA situation can definitely cause validation issues! As a sole proprietor, you ll'want to use your legal name exactly (as it appears on your Social Security card and tax returns as) the responsible party, but the business name field should match exactly what you put on your SS-4 form when applying for the EIN. If you applied for your EIN using your DBA name as the business name, then use that DBA name in the EFIN application. If you used your legal name as the business name on the SS-4, then use your legal name. The key is consistency with whatever you originally submitted for the EIN. For the e-help desk, the specific number for e-file issues is 866-255-0654. This goes directly to agents who handle EFIN applications rather than the general IRS line. They re'much more knowledgeable about these specific validation problems. One more thing to check - make sure your SSN is entered correctly and matches exactly what s'on file with the Social Security Administration. Sometimes there can be discrepancies if you ve'had name changes or if there are data entry errors in government systems. The early morning call strategy around (6-7 AM EST really) does work better for getting through quickly. Good luck!
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Aisha Hussain
I'm currently stuck in this same EFIN rejection nightmare and this thread has been incredibly helpful! I've been getting the "information doesn't match IRS records" error for over a week now despite checking everything multiple times against my EIN letter. Based on all the experiences shared here, I think I've identified several potential issues with my application. First, my EIN is only about 3 weeks old, so the timing factor that many people mentioned is probably a big part of my problem. Second, my business name includes both "Inc." and an ampersand, which based on the special character issues others described, could be causing formatting conflicts in the IRS validation system. I'm going to wait another 2-3 weeks to let my EIN fully propagate through all IRS databases, then systematically test different formatting variations - removing "Inc.", spelling out "and" instead of using "&", and trying different punctuation combinations. If that doesn't work, I'll definitely use the early morning e-help desk call strategy that so many people have had success with. It's frustrating that the IRS doesn't provide clearer guidance on these common validation issues, but this community troubleshooting has been more valuable than any official documentation I've found. The specific phone number (866-255-0654) and timing tips for calling are especially helpful. Thanks to everyone who shared their experiences - it gives me hope that this can be resolved with the right approach!
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