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7 Stupid question maybe - but why do we even have different rates for short vs long term gains? Seems needlessly complicated.

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2 Not a stupid question! The different rates exist to encourage long-term investing versus short-term trading. The government wants to incentivize people to invest in businesses for the long haul rather than just flipping stocks quickly. The theory is that long-term investments help provide stable capital to companies so they can grow, create jobs, etc. So they reward you with a lower tax rate if you hold investments for more than a year. It's a policy decision to encourage certain economic behaviors.

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Kaitlyn Otto

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The different rates also help account for inflation over longer holding periods. When you hold an investment for several years, some of your "gain" is just due to general price increases in the economy, not real investment growth. The lower long-term rate partially compensates for this inflation effect. Additionally, there's an economic argument that capital gains shouldn't be taxed as heavily as ordinary income since the money used to make the investment was likely already taxed when it was earned as wages or business income. The preferential rate recognizes this "double taxation" aspect. For your specific situation with $7,500 short-term and $12,300 long-term gains, you'll save about $861 in taxes compared to if everything were taxed as ordinary income (22% vs 15% on the long-term portion). That's a pretty significant benefit for holding those investments over a year!

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Wow, I never thought about the inflation aspect before! That's a really good point - if I bought a stock 3 years ago for $1000 and sell it now for $1200, some of that $200 "gain" is probably just because everything costs more now than it did back then. The preferential rate makes more sense when you think about it that way. And that calculation you did is eye-opening - $861 in tax savings just for holding onto investments for over a year instead of trading them quickly. That's a pretty strong incentive to be patient with your investments!

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This is really concerning and I'm glad you're questioning it. I work in financial services and deal with privacy regulations regularly - what your preparer is asking for creates huge liability issues for both of you. Tax preparers keeping copies of birth certificates, SSN cards, and utility bills on file is a recipe for identity theft disaster. These documents contain everything someone would need to steal your identity, and most small tax prep offices don't have the security infrastructure to properly protect this sensitive information. The IRS has specific guidelines about what preparers need to verify versus what they need to keep. They're required to exercise due diligence in verifying information, but this typically means seeing documents to confirm accuracy, not storing copies permanently. I'd strongly recommend having a direct conversation with your preparer about why they believe this is necessary and asking them to cite the specific IRS requirement. If they can't provide a legitimate source, you should definitely consider finding a new preparer. Your instincts about this being excessive are absolutely correct.

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This is exactly what I was worried about! The security risk aspect really bothers me. My tax preparer's office is just a small strip mall location - I doubt they have enterprise-level document security. If someone broke in or hacked their systems, they'd have a treasure trove of personal information from dozens of families. It seems like asking for copies creates way more risk than just verifying the information and moving on.

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Teresa Boyd

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Your instincts are absolutely right to be suspicious about this. I've been filing taxes for over 15 years and have never had a preparer ask to keep copies of birth certificates, report cards, or utility bills. This is definitely NOT a standard IRS requirement. What's particularly concerning is that your preparer of 8 years is suddenly implementing this policy without a clear explanation. If this were truly a new IRS mandate, it would be widely publicized and you'd be seeing news about it everywhere. The IRS Publication 4134 (Due Diligence Requirements) outlines what tax preparers actually need to do for verification - it involves asking specific questions and completing checklists, not hoarding your personal documents. Most legitimate preparers will ask to SEE documents like SSN cards to verify numbers are correct, but keeping copies is excessive and creates unnecessary security risks. I'd suggest asking your preparer to provide the specific IRS publication or notice that requires this document collection. If they can't produce it, or if they give you vague answers about "new rules," that's a major red flag. Trust your gut on this one - it sounds like either your preparer is misinformed about requirements or is implementing their own overly cautious policy without properly explaining it to clients.

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Thanks everyone for sharing your experiences - this has been incredibly helpful! Based on all the responses, it's clear I did mess up by not researching this beforehand. The consensus seems to be that preferred MLP units generate UBTI just like common units when held in an IRA. I'm going to take a multi-pronged approach: first, I'll call Energy Transfer's investor relations to get their historical UBTI breakdown as Maria suggested. Then I'll contact my IRA custodian to understand their process for handling Form 990-T filings and any associated fees. Given what Zoe mentioned about the $300 filing fee plus potential taxes, I'm seriously considering moving these holdings to my taxable account before the UBTI becomes a bigger issue. The tax-deferred nature of MLP distributions in a regular brokerage account actually sounds more advantageous than dealing with UBTI complications in my retirement account. Has anyone here successfully transferred MLP units from an IRA to a taxable account, or would that be considered a distribution that triggers immediate tax consequences?

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Ellie Kim

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Unfortunately, you can't directly transfer securities from an IRA to a taxable account - any removal from the IRA would be considered a distribution and trigger immediate tax consequences plus potential penalties if you're under 59½. You'd have to sell the MLP units within the IRA, take a cash distribution (which would be taxable), and then repurchase the securities in your taxable account with after-tax dollars. Before making that move though, I'd suggest waiting to see your actual K-1 and calculating the real UBTI impact. Sometimes the theoretical concern is worse than the actual tax hit. If the UBTI is minimal and your custodian's fees are reasonable, it might be worth keeping the position in the IRA, especially if you believe in the long-term income potential of the preferred units.

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Diego Vargas

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I've been through this exact situation with Energy Transfer preferred units in my IRA. Here's what I learned from my experience: First, yes - preferred MLP units absolutely generate UBTI just like common units. The partnership structure means all the income flows through with its original tax character intact, regardless of whether you hold common or preferred units. Second, don't panic about the immediate impact. In my case, the actual UBTI from Energy Transfer's preferred units was around $800 last year, which stayed under the $1,000 threshold that triggers Form 990-T filing requirements. The key is understanding that not 100% of your distributions will be UBTI - it depends on the underlying income sources of the MLP. Third, I'd strongly recommend getting your hands on last year's K-1 for Energy Transfer (you can usually find these on their investor relations website) to see the historical breakdown of income types. This will give you a realistic picture of what to expect rather than worrying about hypothetical worst-case scenarios. Finally, regarding transferring out of your IRA - as others mentioned, you can't do a direct transfer. But before taking a taxable distribution, wait to see your actual tax impact. The filing fees and potential taxes might still be less costly than the immediate tax hit and loss of tax-advantaged space in your retirement account.

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This is really helpful, Diego! Your point about checking the historical K-1s is smart - I didn't realize you could access previous years' forms on their website. The fact that you stayed under the $1,000 UBTI threshold gives me some hope that maybe I'm not in as bad a situation as I initially feared. Do you happen to remember what percentage of your distributions from the Energy Transfer preferred units ended up being classified as UBTI? I'm trying to get a ballpark estimate of what I might be looking at. Also, did your IRA custodian charge any fees even though you didn't have to file the 990-T, or do they only charge when the filing is actually required? I'm definitely going to look up those historical K-1s before making any hasty decisions about moving the position out of my IRA.

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Arjun Kurti

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From my Energy Transfer preferred units, roughly 40-45% of the distributions were classified as UBTI. This was actually lower than I expected based on some of the horror stories I'd read online about MLPs in retirement accounts. My custodian (Fidelity) didn't charge any fees since we stayed under the $1,000 threshold. They only charge their $300 processing fee when they actually have to prepare and file Form 990-T. However, they did send me a letter explaining the UBTI situation and letting me know they were tracking it, which was helpful for my own records. One thing I learned is that Energy Transfer has been pretty consistent in their UBTI percentages over the past few years - usually in that 40-50% range for preferred units. So if you're getting smaller distributions or only held the position for part of the year, you might well stay under the filing threshold like I did.

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Chloe Zhang

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Just want to add that even if you don't have to report the crypto gains on your US tax return, you should definitely be reporting them in Canada. The CRA (Canadian Revenue Agency) requires Canadian residents to report worldwide income, including all cryptocurrency transactions.

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Does anyone know if the reporting requirements for Canada are different than the US? I've been reporting my crypto in both countries (dual citizen) and the forms seem totally different. Canada seems more concerned with the total holdings while the US wants every single transaction.

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Sofia Gomez

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This is exactly the kind of situation where getting proper documentation is crucial. I went through something similar as an F-1 student from the UK with crypto gains. The consensus here is absolutely correct - as a non-resident alien, your crypto capital gains are sourced to your country of tax residency (Canada), not the US. This means you don't report them on your 1040-NR. Your CPA gave you the right advice. However, I'd strongly recommend getting this determination in writing somehow, whether through an official IRS consultation or at minimum keeping detailed records of your research and professional advice. The crypto tax landscape is still evolving, and having documentation of your reasoning will be invaluable if questions ever arise later. Also make sure you're keeping meticulous records of all your transactions for your Canadian tax filing - the CRA will definitely want to see those gains reported there since you're a Canadian tax resident.

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This is really helpful advice about documentation! I'm actually in a very similar situation - Canadian F-1 student with crypto gains from 2024. After reading through this thread, I'm feeling much more confident that I don't need to report the crypto on my US return. One question though - when you say "getting this determination in writing," what's the best way to do that? Should I be asking my CPA to provide a written opinion, or is there a way to get something official from the IRS? I saw some people mention using Claimyr to talk directly to the IRS - would that kind of consultation count as official documentation? I definitely want to be covered if this ever comes up in an audit down the road!

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Wait I'm confused about the amended return process. Does filing an amended return increase your chances of getting audited? I'm in a similar situation but worried about drawing attention to my return.

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Filing an amended return doesn't automatically trigger an audit. The IRS says that amendments are reviewed by human employees, but they're generally just looking at the specific changes you're making, not doing a comprehensive review of your entire return. If your amendment is straightforward and well-documented, there's no reason to be particularly concerned.

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Maya Lewis

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I've been through this exact situation and it's so frustrating! Here's what I learned: you definitely have options, but you need to act relatively quickly since you have 3 years from the filing date to amend and get a refund. First, get everything documented. Have that new tax professional write up exactly what errors were made and what the correct approach should have been. This documentation is crucial whether you're trying to work things out with your original accountant or need to take other steps. Then approach your original accountant professionally with the documentation. Don't go in guns blazing - just present the facts: "I had my return reviewed and these specific errors were identified. How can we resolve this?" Many accountants will fix their mistakes once presented with clear evidence, especially if they're worried about their reputation. If they refuse to help, you still have several options: - File the amended return yourself or hire someone else - File a complaint with your state board of accountancy (if they're a CPA) - Pursue compensation through small claims court for larger amounts The key is staying organized and keeping detailed records of all communications. You signed the return, yes, but that doesn't mean you're stuck with an accountant's professional negligence. Good luck!

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Dmitry Volkov

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This is really helpful advice! I'm curious about the documentation part - when you say have the new tax professional "write up" the errors, did you have to pay them for this analysis or were they willing to do it as part of a consultation? I'm trying to figure out if I need to budget for this step before even approaching my original accountant. Also, how detailed should this documentation be? Like should it include specific tax code references or is it enough to just say "missed these deductions"?

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