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Received IRS Notice CP162A - Need help with penalty options!

I just got an IRS Notice CP162A for "Failure to File Penalty" and I'm really freaking out about what to do next. Tax Period: 9/30/22 Amount Due: $2250.00 Notice Date: 5/12/23 So here's what happened - I filed my Partnership 1065 form on February 22, 2022, which was well before the deadline. I sent it through regular mail (USPS) but didn't get tracking on it (big mistake, I know). Just yesterday my aunt forwarded me this notice from my old address. I'm pretty sure the IRS never received my filing and it got lost somewhere in the mail system, but I have no official proof of mailing. I still have the original tax return saved on my laptop with a "last modified" date of 2/23/22. Some details that might be relevant: - I have the saved tax return with that February date - My credit card statement shows a USPS charge from the next day - I used H&R Block software to prepare the return - I marked this as a Final Return when I e-filed for 2022 tax year (did that in March 2023) - This is the first penalty I've ever received for this LLC - I've moved from the address where they sent the notice My financial situation is really tight right now. There's absolutely no way I can pay a $2250 penalty, especially since the return showed zero activity (the LLC has been inactive since 2020 and is now closed). The business has zero income, and I'm personally only making about $1800 a month while my expenses are around $2900. My boyfriend helps with the rest of our bills. I'm honestly terrified about what to do. If I have to pay this, I could end up without housing. Any advice would be so appreciated.

I just wanted to add one more practical tip that helped me when I was in a similar situation - when you call the IRS tomorrow, have a pen and paper ready to write down EVERYTHING. Get the representative's name, their ID number, the date and time of your call, and any confirmation numbers they give you. Also, if they approve your first-time penalty abatement on the call, ask them to email you a confirmation if possible, or at minimum ask when you can expect to receive written confirmation in the mail. Sometimes there can be delays in the written confirmation, so having detailed notes from your call becomes really important. One thing that really helped me stay calm during my call was remembering that the IRS representatives deal with penalty abatement requests all day long - this is routine for them, even though it feels huge and scary to you. They have the tools and authority to resolve your situation, and given your clean compliance history, you're exactly the type of case they're designed to help. Your evidence is actually stronger than you think - that saved return with the February timestamp combined with the USPS charge creates a clear timeline that supports your story. Even if the mail got lost, you clearly made a good faith effort to file on time. You're going to get through this! Update us after your call - I think you'll be pleasantly surprised by how smoothly it goes. šŸ™‚

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Sergio Neal

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This is such practical advice! I've been reading through everyone's responses and feeling so much more prepared, but you're absolutely right about having pen and paper ready. I can imagine being so nervous during the call that I might forget important details like confirmation numbers or the rep's ID. The point about asking for email confirmation is really smart too - I wouldn't have thought to ask for that, but having something immediate rather than waiting for mail would definitely give me peace of mind while I wait for the official written notice. Your reminder that this is routine for IRS representatives is really comforting. It's easy to forget that what feels like a crisis to me is probably just another Tuesday for them. That perspective shift helps me feel less like I'm asking for a huge favor and more like I'm just following a normal process. Thank you for pointing out that my evidence is stronger than I think - sometimes when you're stressed about something, you focus on what you don't have (like tracking info) instead of what you do have (the timestamped return and USPS charge). You're right that those create a clear timeline of good faith effort to comply. I'll definitely take detailed notes during the call tomorrow and will come back to update everyone. This community has been absolutely incredible - I went from feeling completely panicked to feeling confident and prepared. Thank you so much! 😊

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Nia Thompson

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I can really feel the stress you're going through right now, but honestly, your situation sounds very solvable! As someone who works with tax compliance issues regularly, I think you actually have several strong angles to get this penalty completely removed. Your biggest advantage is that clean compliance history - first-time penalty abatement has something like a 90%+ approval rate for taxpayers who qualify, and you clearly do. The IRS created this program specifically for situations like yours where someone made an honest mistake after years of proper compliance. The evidence you have is actually better than you realize. That February-dated saved return combined with the USPS charge the next day tells a very clear story of timely filing attempt. I've seen cases with much weaker evidence get approved for reasonable cause abatement. Here's my suggested game plan: 1. **Call ASAP** - Use the number on your notice and ask specifically for "first-time penalty abatement" or "FTA" 2. **If they need more info** - Mention you have evidence of timely mailing (your saved return and USPS receipt) 3. **Emphasize hardship** - Your income vs expenses situation likely qualifies you for Currently Not Collectible status as backup protection The key thing is don't let anxiety paralyze you into inaction. Every day you wait is another day of stress you don't need. The IRS has dealt with thousands of lost mail situations - you're not asking for anything unusual or unreasonable. You mentioned you're terrified about housing - I can promise you that won't happen over this. The IRS has extensive hardship protections, and your financial situation clearly qualifies for relief programs. Take a deep breath, make that call tomorrow morning, and come back to update us. I'm confident you're going to get good news! 🌟

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Yara Nassar

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Great question! You're absolutely right that since the IRS hasn't started accepting returns yet, you're in a much better position than if they were already processing. I work as a tax preparer and see this situation frequently in early January. Here's what you need to do: Contact H&R Block immediately and request to "withdraw" or "cancel" your e-filed return completely. Don't just ask to modify it - you want the entire submission pulled back before it enters the IRS queue. They should be able to do this since your return is still in their transmission holding area. Once cancelled, you can prepare a completely new return with all your missing forms included. This is infinitely better than filing an amended return later, which requires Form 1040X and typically takes 16-20 weeks to process. A few important tips: - Get a cancellation confirmation number from H&R Block - Make sure they confirm the return is "withdrawn" not just "on hold" - Double-check your account status shows "cancelled" within 48 hours - Complete and resubmit your corrected return well before January 27th You caught this at the perfect time - much easier to fix now than after IRS processing begins!

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This is incredibly helpful advice, especially coming from someone who works in tax preparation! I'm completely new to this whole process and was really stressed about potentially messing up my first tax filing. The step-by-step instructions you've provided are exactly what I needed - I had no idea there were specific terms I should use when calling H&R Block or that I needed to get a confirmation number. The distinction between "withdrawn" vs "on hold" is something I never would have thought to clarify. It's such a relief to know that this is actually a common situation and that there's a clear solution. I'm definitely going to follow your advice exactly and call them first thing to get this sorted out before the January 27th deadline. Thank you so much for taking the time to explain this so thoroughly!

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Rajiv Kumar

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I'm dealing with this exact same situation right now! I e-filed through TurboTax a few days ago and then realized I completely forgot to include my 1099-INT from my savings account. I've been stressing about it all weekend, but reading everyone's responses here has been so reassuring. It sounds like the key is acting fast and using the right terminology when calling the tax software company. I'm definitely going to call TurboTax tomorrow morning and specifically ask them to "withdraw" or "cancel" my return entirely rather than just modify it. The advice about getting a confirmation number and checking that the status shows "cancelled" within 48 hours is really helpful too. Has anyone here specifically dealt with TurboTax for this kind of cancellation? I'm hoping their process is as straightforward as what people are describing with H&R Block. The January 27th deadline gives me some breathing room, but I'd rather get this handled ASAP so I can stop worrying about it and file a complete return. Thanks to everyone who shared their experiences - it's made me feel so much better about what initially seemed like a huge mistake!

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Ava Thompson

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Yes, I went through this exact process with TurboTax last year! Their customer service was actually really helpful and understood immediately what I needed when I called. The process was very similar to what others have described with H&R Block - I told them I needed to "withdraw" my e-filed return completely because I had forgotten to include a 1099 form, and they were able to pull it back from their transmission queue within minutes. TurboTax gave me a cancellation reference number and sent a confirmation email within about 2 hours. The status in my TurboTax account changed to "Cancelled" by the next business day. Then I was able to go back into my return, add the missing 1099-INT, and resubmit without any issues. The customer service rep mentioned this is super common in early January since people rush to file and then remember missing documents. They're definitely used to handling these requests. Just make sure you have your original filing confirmation number ready when you call - it helps them locate your return faster. You should be totally fine getting this sorted out before the January 27th deadline!

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KhalilStar

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Do tax software programs like TurboTax handle trust filings like 1041? This all seems really complicated.

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TurboTax does have capabilities for 1041 forms but it's in their higher-tier packages. I personally found it confusing for trust stuff - the questions aren't always clear for trust situations. H&R Block's premium version handled my mom's trust better than TurboTax did.

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Aaron Boston

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I went through something very similar when my father passed and left a trust with just one property. The 1041 filing seems scary but it's actually pretty straightforward for simple trusts like yours. Since you're both executor and sole beneficiary, and the trust only holds the farmhouse, your 1041 will likely be quite basic. Here's what I learned: 1. You absolutely must file even if there's zero income - the IRS expects it once you have an EIN 2. Property taxes you paid are fully deductible on the 1041 3. Any maintenance or repairs you paid for are also deductible 4. Don't worry about the sale yet - you only report it in the tax year it actually closes For documentation, your bank statements showing property tax payments will be sufficient. The IRS understands that family trusts don't always have perfect recordkeeping. One tip: if you're really pressed for time, you can file for an extension (Form 7004) which gives you an extra 5.5 months. This might be worth considering given your tight deadline and the complexity of selling the property. The key is not to panic - simple trusts like yours are much more common than you think, and the IRS forms are designed to handle basic situations.

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Liam Mendez

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This is exactly the kind of practical advice I needed to hear! The extension option with Form 7004 is something I hadn't considered - that could really take the pressure off while I'm dealing with the property sale. Quick question about the deductions you mentioned - if I paid for things like lawn maintenance or minor repairs to keep the property presentable for sale, are those typically deductible on the 1041? I have receipts for some landscaping work and a few small fixes but wasn't sure if they'd qualify. Also, did you end up needing professional help or were you able to handle the filing yourself? I'm trying to decide if I should bite the bullet and hire someone given the time crunch.

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Naila Gordon

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Bruh michigan needs to get it together fr fr. Every year its sum new bs 🤮

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Aisha Ali

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Having the same issue here! Was expecting my Michigan refund on Friday but nothing showed up. Called twice and got the runaround both times. At least now I know it's not just me - thanks for posting this. Hopefully they get their act together soon because I really needed that money this week 😤

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Harmony Love

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Don't forget to check if you qualify for any tax treaty benefits! The high-tax kickout rules still apply, but sometimes tax treaties between the US and the foreign country have special provisions about how certain types of income are categorized or credited. For example, I have income from Canada and the US-Canada tax treaty has specific rules about pensions and social security that affected how I filled out my Form 1116. Might be worth looking into depending on which country your foreign income is coming from.

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Rudy Cenizo

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This is great advice. I had income from the UK last year and the US-UK tax treaty saved me tons on my foreign tax credit calculation. One question though - if the tax treaty gives special treatment to certain income, does that happen before or after you apply the high-tax kickout rules?

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Just wanted to share my experience after dealing with a similar high-tax kickout situation last year. The key thing that helped me was creating a simple spreadsheet to track each source of foreign income separately before even touching Form 1116. I listed each type of income (interest, dividends, capital gains, etc.), the country it came from, the foreign tax paid, and calculated the effective foreign tax rate for each. This made it crystal clear which items needed to be "kicked out" to general category vs staying in passive. One thing I learned the hard way - make sure you're calculating the effective rate correctly. Don't just look at the statutory tax rate of the foreign country. You need to divide the actual foreign tax YOU paid by the actual foreign income YOU received. Sometimes withholding taxes, tax credits in the foreign country, or other adjustments can make your effective rate different from what you'd expect. Also, keep really good records of your calculations because if the IRS questions your categorization later, you'll want to be able to show exactly how you determined which income belonged in which category.

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Luca Bianchi

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This spreadsheet approach is brilliant! I wish I had thought of this before diving into the forms. Quick question - when you're calculating that effective rate, do you include ALL foreign taxes paid on that income or just the income tax portion? For example, if I paid both income tax and some kind of foreign capital gains surtax, do both get included in the numerator when calculating the effective rate?

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