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Ask the community...

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Alice Coleman

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Have you tried checking your account transcript on the IRS website? This can sometimes show the status of abatement requests before you get the official letter. Just go to irs.gov and look for "Get Transcript Online." The transcript will show if they've processed any adjustments to your account.

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Owen Jenkins

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This is great advice! I did this for my own abatement request and saw a code 271 on my account transcript which showed the adjustment was approved before I ever got the letter. Saved me weeks of wondering!

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Khalid Howes

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I went through almost the exact same situation with my daughter's account last year. The good news is that you absolutely will get your money back if the abatement is approved - paying early actually works in your favor since it stops additional penalties from accumulating. For minor children's filing requirements, the IRS typically considers the parents' compliance history for first-time penalty abatement requests. Since this was an honest mistake about a filing requirement you hadn't encountered before (kiddie tax rules are confusing!), and assuming you have a clean filing history, your chances are pretty good. One tip: definitely check your account transcript on irs.gov periodically. Sometimes you'll see the adjustment processed there before you receive any official correspondence. Look for transaction codes that indicate penalty adjustments - it can give you peace of mind while waiting for the formal decision letter. The timeline really varies by service center, but 8-16 weeks is typical. Since your accountant has gone MIA, you might want to consider following up yourself if you don't hear anything by early February. You can always call the practitioner priority line if needed, though expect long hold times.

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Harmony Love

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Just an FYI - I'm an enrolled agent and we've seen this exact issue with multiple tax software packages this year. It seems to be a software implementation problem rather than an actual change in IRS policy. The Form 5329 instructions (even the 2023 version) still clearly state you can request a waiver by entering "RC" and attaching an explanation. Nothing in SECURE Act 2.0 changed this procedure. If you're using tax software that won't let you properly code the waiver, you might consider switching software or as someone else suggested, paper filing with the appropriate modifications.

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Rudy Cenizo

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Is there any problem with filing different tax forms using different software? Like could I do most of my return in H&R Block but then do just the Form 5329 in FreeTaxUSA and combine them when I file?

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Lena Kowalski

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I wouldn't recommend mixing different tax software for different forms on the same return. Each software package calculates interconnected values across multiple forms, and manually combining them could lead to calculation errors or inconsistencies that might trigger IRS notices. A better approach would be to complete your entire return in software that properly handles Form 5329 waivers (like FreeTaxUSA as mentioned earlier), or use the paper filing workaround with H&R Block where you manually override the penalty calculation. The risk of errors from mixing software outputs usually isn't worth the convenience.

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StarStrider

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As someone who's dealt with similar Form 5329 penalty waiver issues, I can confirm that the IRS hasn't changed their policy on this. You're absolutely right to be confused by H&R Block's approach - their software seems to have a bug or misinterpretation of the rules. I encountered this exact same problem last year with excess IRA contributions. After getting frustrated with my tax software insisting I pay upfront, I called the IRS directly (took forever to get through) and spoke with a specialist who confirmed that the waiver process hasn't changed. You still enter "RC" in the penalty amount box on Form 5329 and attach your reasonable cause statement. The specialist also mentioned they've been getting a lot of calls about this because several tax software companies seem to have implemented incorrect logic around Form 5329 penalties. She specifically said that SECURE Act 2.0 didn't change the penalty waiver procedures at all. My suggestion would be to either switch to software that handles this correctly (like FreeTaxUSA as you mentioned), or if you're committed to H&R Block, use their software to prepare everything else but paper file with manual corrections to Form 5329. Don't let software bugs force you into paying penalties you legitimately don't owe!

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Thanks for sharing your experience! It's really frustrating when tax software creates problems that don't actually exist in the real tax code. I'm curious - when you called the IRS, did they give you any insight into why multiple software companies seem to have gotten this wrong? It seems like such a basic implementation issue that it's hard to understand how it became so widespread across different platforms. Also, did you end up getting your waiver approved? I'm wondering if there are any common mistakes people make in their reasonable cause statements that could hurt their chances, since it sounds like the actual filing process is straightforward once you get past the software issues.

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I had a similar experience calling the IRS about this exact issue! The agent I spoke with mentioned that several major tax software companies apparently misinterpreted some technical guidance related to SECURE Act 2.0 implementation. Even though the Act didn't change Form 5329 waiver procedures, it seems like software developers got confused during their updates and accidentally modified their penalty calculation logic. Regarding my waiver - yes, it was approved! The key things the IRS agent told me to include in my reasonable cause statement were: 1) Clear explanation of what caused the excess contribution/distribution, 2) Documentation that it was an honest mistake or due to circumstances beyond my control, 3) Steps I took to correct it as soon as I discovered the error, and 4) My history of tax compliance. She emphasized being specific and factual rather than emotional in the explanation. The whole experience really highlighted how important it is to verify tax software calculations against the actual IRS forms and instructions, especially for more complex situations like retirement account penalties.

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Harmony Love

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Thank you all for the helpful advice! I'm feeling much less panicked now. Based on everyone's suggestions, I'm going to: 1. Complete Form 3520 today and mail it certified mail tomorrow morning 2. Include a brief explanation letter with my SSN and tax year info 3. Keep it simple - acknowledge the oversight and emphasize I'm filing immediately upon discovery Maya, your experience with being 2 weeks late and having no penalty is really reassuring. I'm also going to look into both taxr.ai and Claimyr in case I need additional help or need to speak with the IRS directly. One quick question - should I reference the specific foreign trust details in my explanation letter, or just keep it general about discovering the filing requirement? I don't want to overcomplicate things but also want to be transparent. Really appreciate this community helping a stressed taxpayer out!

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I'd keep the explanation letter general and professional. Just mention that you recently discovered the Form 3520 filing requirement and are submitting it immediately upon realizing the oversight. No need to go into specific details about the trust itself in the cover letter - all those details belong on the actual form. Your plan sounds solid! The certified mail is definitely worth it for peace of mind. I've seen people stress about this exact situation and it usually works out fine when you handle it promptly like you're doing. The IRS generally recognizes good faith efforts, especially for complex international reporting requirements that many taxpayers aren't familiar with.

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Taylor To

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Just wanted to chime in as someone who's dealt with Form 3520 issues before. Your plan sounds excellent - certified mail with return receipt is absolutely the way to go, and keeping the explanation letter brief but clear is smart. One thing I'd add: make sure you're filling out the form completely and accurately. The IRS is pretty particular about Form 3520, so double-check all the sections that apply to your situation. If you're unsure about any part, it might be worth having a tax professional review it before you send it in. Also, keep copies of everything - the completed form, your explanation letter, the certified mail receipt, and the return receipt when it comes back. Having that paper trail will be invaluable if any questions come up later. You're handling this the right way by addressing it immediately. Most people in your situation who file promptly with a reasonable explanation don't face penalties. The IRS tends to be more understanding when you show good faith effort to comply once you realize the requirement.

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Lauren Zeb

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This is really helpful advice! I'm curious about getting a tax professional to review the form - do you think it's worth the cost for a one-time filing, or is Form 3520 straightforward enough to complete accurately on your own? I'm trying to balance being thorough with not spending a fortune on professional fees for what might be a relatively simple form. Also, when you mention keeping copies of everything, how long should someone hold onto those records? I assume it's longer than the typical 3-year rule for tax returns since this involves foreign reporting requirements.

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Dmitry Petrov

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This thread has been incredibly informative! I'm dealing with a similar reasonable cause situation for my late S corp election due to a serious car accident that left me hospitalized and unable to handle business matters for several months. Reading through everyone's experiences, I feel much more confident about my chances of approval. The detailed advice about documentation, timelines, and what to include in the reasonable cause letter is exactly what I needed. I especially appreciate the tips about certified mail delivery and keeping detailed records of everything. One question for those who have been through this process: Did any of you face additional scrutiny from the IRS during the review process, like requests for additional documentation or follow-up questions? I want to make sure I'm prepared with comprehensive documentation from the start to avoid delays. Also, for those using professional help (whether tax preparers or services like taxr.ai), did you find it worth the investment given the complexity and potential penalties at stake? I'm trying to decide whether to tackle this myself or get professional assistance. Thanks to everyone for sharing their experiences - this kind of real-world insight is invaluable when dealing with IRS procedures!

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Elijah Knight

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Welcome to the community! Your car accident situation definitely sounds like it would qualify for reasonable cause - hospitalization and inability to handle business matters is exactly the type of circumstance the IRS recognizes. From what I've seen in similar cases, the IRS typically doesn't request additional documentation if your initial submission is comprehensive. The key is front-loading everything they might want to see: medical records showing hospitalization dates, a clear timeline of when you were unable to handle business affairs, and evidence that you filed as soon as reasonably possible after recovery. Regarding professional help, given the potential penalties and complexity involved, I'd lean toward getting assistance, especially since you're dealing with both the S corp election AND the associated filing requirements. A car accident with hospitalization is actually one of the stronger reasonable cause scenarios, so with proper documentation and presentation, your approval chances look good. Make sure to emphasize in your letter how the accident specifically prevented you from accessing business records, communicating with advisors, or handling tax matters - not just the general health impacts. The IRS wants to see that direct connection between the incident and your inability to meet filing obligations.

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Dmitry Popov

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I've been following this discussion with great interest as I'm currently preparing my own reasonable cause submission for a late S corp election. The wealth of practical advice here has been incredibly helpful! One additional point I'd like to add based on my research: if you're dealing with family health issues as your reasonable cause, it can be helpful to include a brief explanation of your role as a caregiver and how that specifically prevented you from handling business matters. The IRS seems to give more weight when you can show that you weren't just personally affected, but that you had unavoidable responsibilities that consumed all your time and attention. I'm planning to include documentation showing I was the primary caregiver for my spouse during their cancer treatment, along with treatment schedules and my involvement in medical appointments. This helps establish that it wasn't just a matter of being distracted, but that I literally couldn't access my business records or communicate with tax professionals during the critical filing period. Has anyone else used the caregiver angle in their reasonable cause explanation? I'm hoping this approach will strengthen my case, especially since the medical situation lasted several months and overlapped directly with the S corp election deadline. Also, huge thanks to everyone who shared their experiences with the various tools and services - it's given me a much better roadmap for navigating this process!

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Sean Flanagan

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As someone who went through this exact same panic last year, I can tell you it's not as scary as it seems once you get organized! The key things that helped me were: 1) Download your complete betting history from each platform ASAP - some only keep records for a limited time, 2) Don't try to net everything out yourself - report the full winnings and then deduct losses separately if you itemize, and 3) Consider talking to a tax professional if your winnings are substantial (over $5K or so). One thing I wish someone had told me earlier is that you can actually request detailed transaction reports from most sportsbooks that break everything down by bet type, which makes record-keeping much easier. Most platforms have this buried in their account settings under something like "Tax Documents" or "Account History." Also, don't stress too much about the audit risk - sports betting is becoming so common that the IRS has pretty standard procedures for handling it. Just be accurate and keep good documentation. You've got this!

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Chloe Martin

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This is incredibly helpful advice! I'm definitely going to download all my betting histories right away - I had no idea some platforms only keep records for a limited time. That could have been a disaster if I waited until tax season. Quick question about the detailed transaction reports you mentioned - do you know if these reports show enough detail to satisfy IRS requirements for documentation? I'm worried about having proper backup if they ever question my deductions. Also, did you end up itemizing or taking the standard deduction in your situation?

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Daniel Rogers

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@Chloe Martin The transaction reports are usually pretty comprehensive and should definitely meet IRS requirements. Most show date, bet type, amount wagered, payout, and net result - which is exactly what you need for documentation. I keep both the downloaded reports and screenshots of my account summaries just to be extra safe. As for itemizing vs standard deduction, I ended up taking the standard deduction because my gambling losses weren t'large enough to make itemizing worthwhile when combined with my other potential deductions. The rule of thumb is that your total itemized deductions gambling (losses + mortgage interest + state taxes + charitable donations, etc. need) to exceed the standard deduction amount to be beneficial. For 2024, that s'$14,600 for single filers or $29,200 for married filing jointly. One more tip - if you do decide to itemize for gambling losses, make sure you have documentation for ALL your other deductions too, since you ll'be giving up the standard deduction entirely. Sometimes it s'worth running the numbers both ways to see which saves you more money overall.

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Elijah Knight

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Just want to echo what others have said about keeping detailed records - this is absolutely crucial! I made the mistake of not tracking everything properly my first year betting and it was a nightmare trying to reconstruct everything at tax time. One thing I haven't seen mentioned yet is that if you receive any promotional bonuses or free bets that result in winnings, those are also taxable! So if you got a "risk-free" $100 bet that you won, that winning amount needs to be reported too. The sportsbooks don't always make this clear in their tax documents. Also, for anyone using multiple apps like Omar mentioned, I'd strongly recommend consolidating to fewer platforms next year if possible. Having 3-4 different sets of records makes everything much more complicated. I now stick to just two main sportsbooks and it's made my record-keeping so much simpler. The good news is that once you get through your first year of reporting sports betting income, it becomes much more routine. Just stay organized and don't panic - the IRS deals with gambling income all the time and has pretty clear guidelines for how to handle it.

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