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This is such a frustrating situation, and I feel for you dealing with this mess. I wanted to add one more potential avenue that hasn't been mentioned yet - consider reaching out to your state's insurance commissioner's office as well. Since Lincoln Financial is an insurance company operating in your state, they're regulated not just by FINRA but also by your state insurance department. Many state insurance commissioners have consumer protection divisions that can put additional pressure on companies to resolve situations like this. I'd also recommend documenting the timeline very carefully - specifically when you first contacted the advisor, when they made their recommendations, and when the actual transfers occurred. If there's evidence that they marketed themselves as retirement planning experts or inherited IRA specialists, that strengthens your case significantly. One thing that struck me from your post is that you mentioned the advisor "mainly push insurance products for commissions." This suggests they may not have been properly qualified to give advice about inherited IRAs in the first place. Make sure to include this context when you file complaints - it shows they were operating outside their area of expertise. The fact that multiple people here have had success with IRS relief procedures gives me hope for your situation. The key seems to be thoroughly documenting that you relied on professional advice and would never have made this transfer without their explicit recommendation. Keep fighting this - $30K is way too much to lose due to someone else's professional negligence.
This is excellent advice about contacting the state insurance commissioner - I hadn't even thought about that regulatory angle since Lincoln Financial is primarily an insurance company. It's good to know there are multiple regulatory bodies that can put pressure on them to make this right. Your point about documenting their marketing as retirement specialists is spot on. Looking back at their materials and our initial conversations, they definitely positioned themselves as experts in retirement planning. If I can show they were operating outside their actual area of expertise with inherited IRAs, that should strengthen my case considerably. I'm starting to feel like I have a real battle plan now between the IRS relief procedures, FINRA complaints, E&O insurance claims, and now state insurance regulation. It's overwhelming but at least I have multiple avenues to pursue rather than just accepting this $30K loss. Thank you for the encouragement to keep fighting this. It's easy to feel defeated when facing such a huge unexpected tax bill, but all the advice in this thread has given me hope that there are ways to hold the advisor accountable for their mistake.
I'm really sorry to hear about this situation - it's exactly the kind of inherited IRA mistake that can be financially devastating. Based on everything shared in this thread, you definitely have multiple paths forward and shouldn't give up. One thing I'd add to all the excellent advice already given: make sure you're working with a tax professional who specifically has experience with inherited retirement account issues. Not all CPAs or tax preparers are familiar with the nuances of inherited IRA rules and the various relief provisions available. Also, when you're documenting everything for your various complaints and relief requests, focus heavily on the fact that you explicitly sought professional guidance specifically because you wanted to avoid making mistakes with inherited accounts. This demonstrates that you acted reasonably and in good faith - you didn't try to handle complex retirement account transfers on your own, you hired a professional specifically to avoid errors. The combination of IRS relief procedures (Revenue Procedure 2020-46), FINRA complaints, potential E&O insurance claims, and state insurance commissioner involvement gives you multiple shots at recovering most of this money. Even if each avenue only partially succeeds, the combined effect could significantly reduce your financial exposure. Document every phone call going forward, save every email, and don't let Lincoln Financial or the advisor minimize this as a "simple misunderstanding." This was a fundamental error in retirement account handling that any financial professional should have known to avoid.
This is such valuable advice about finding a tax professional with specific inherited IRA experience. I'm realizing now that my current tax preparer, while competent with regular tax situations, might not have the specialized knowledge needed for this complex situation. Do you have any suggestions for how to find a CPA or tax attorney who specifically deals with inherited retirement account issues? Should I be looking for certain certifications or asking specific questions when I interview potential professionals? Also, your point about emphasizing that I sought professional guidance specifically to avoid mistakes is really important. I think I need to be more assertive in my communications about this - I didn't just stumble into this situation, I actively tried to do the right thing by hiring what I thought was a qualified professional. The idea that multiple partial successes could add up to significant relief is encouraging. Even if I can't get the full $30K back, reducing it to a more manageable amount would make a huge difference. Thank you for helping me see this as a multi-front approach rather than just hoping for one magic solution.
Has anyone ever been audited for claiming points that were technically paid by the builder? I'm in a similar situation and tempted to just claim them since it seems like such a gray area, but worried about consequences.
I wouldn't risk it without proper documentation. My brother-in-law is a CPA and says the IRS has been looking more closely at mortgage interest deductions in recent years. If your 1098 shows $0 points paid and you claim them anyway, that's a pretty obvious discrepancy that could trigger questions.
I actually went through an IRS audit last year for this exact situation with my Pulte home from 2021. I had claimed about $4,800 in points that were technically paid through a builder incentive program, similar to your situation. The auditor was surprisingly reasonable about it. She explained that what really matters is the economic substance of the transaction, not just who technically wrote the check at closing. In my case, I was able to show that I had negotiated a higher purchase price specifically to get the incentive that covered the points, which meant I was effectively paying for them through my mortgage. The key documentation that saved me was my purchase agreement which showed the original list price, then the "adjusted" price that included the incentive value, and email correspondence with my sales rep discussing how we were using the incentive for rate buydown. The auditor accepted this as evidence that I had constructively paid for the points. That said, she did mention that not all builder incentive situations would qualify - it really depends on how your specific transaction was structured and documented. I'd definitely recommend keeping very detailed records and maybe getting professional advice before claiming the deduction if you're unsure.
This is really helpful to hear from someone who actually went through an audit on this issue! Your experience gives me hope that there might be more flexibility than the black-and-white answers I've been getting. The fact that the auditor looked at the "economic substance" rather than just the paperwork is encouraging. I have similar documentation - emails with my builder's sales team discussing using the incentive for the rate buydown, and my purchase agreement shows the negotiation process. Did you have to pay any penalties or interest during the audit process, or did they just accept your documentation and close the case? Also, how long did the whole audit take to resolve?
I'm confused by all of this tbh. Last year I got a $120 settlement check with no 1099 at all, and the year before I got one with a 1099 that had nothing written on it about taxes. Why is there no consistency??
The inconsistency you're seeing is actually pretty normal with class action settlements. Each settlement administrator and their legal counsel make independent decisions about tax reporting based on the specific nature of that settlement. Some factors that affect whether you get a 1099: - Settlement amount (many don't issue 1099s under $600) - Type of damages being compensated - How cautious the administrator wants to be - Whether the settlement clearly falls into taxable vs non-taxable categories Your $120 settlement without a 1099 was probably either under their reporting threshold or clearly determined to be non-taxable from the start. The one with the blank 1099 sounds like they were being extra cautious but didn't have specific tax guidance to include. Bottom line: if you don't get a 1099, you generally don't need to report it. If you do get one with a note saying it's not taxable, keep the documentation and follow their guidance. The settlement administrators usually have tax attorneys making these determinations, so their guidance is typically reliable.
This is really helpful clarification! I'm dealing with something similar - got a small settlement check last month with conflicting documentation. It sounds like the key is really understanding what type of damages the settlement is compensating for rather than just whether you received a 1099 or not. Do you happen to know if there's a reliable way to determine the damage type if the settlement notice itself is vague about it?
I think everybody is overthinking this. If you have a rental property that isn't a triple-net lease, most tax pros consider it a business eligible for QBI. The 250-hour safe harbor just gives you automatic qualification and protection from challenges. I've been claiming QBI on my 3 rentals for years with no issues. I have property managers for all of them and probably spend less than 50 hours total on them each year. Unless you're blatantly ignoring all aspects of the property, you're probably fine.
I wouldn't be so confident about that. My neighbor got audited specifically over QBI claims on her rental properties last year. IRS made her prove it was a business activity and not just an investment. Ended up owing back taxes plus penalties.
I've been through this exact same situation and ended up working with a tax professional who specializes in QBI deductions. What I learned is that the key isn't just how many hours you spend, but the nature and regularity of your activities. In your case, regularly communicating with the PM about maintenance, HOA compliance, inspection scheduling, and tenant renewals actually demonstrates significant business involvement. The fact that you're making decisions and staying involved rather than just collecting rent checks is important. My CPA explained that courts have looked at factors like: Do you maintain separate business records? Do you actively market the property? Do you make business decisions about repairs, improvements, and tenant selection? Are you involved in setting rent rates? Even with a property manager handling day-to-day operations, if you can show you're actively managing the business aspects of the rental, you may have a solid case. The $2,600 in potential tax savings definitely justifies getting a professional opinion from someone who really knows QBI rules. I'd recommend finding a CPA who has experience with rental property QBI cases specifically - it made all the difference for me.
This is really helpful advice! I'm curious about the separate business records aspect you mentioned. Do you mean having a dedicated business bank account for the rental property, or is it more about keeping detailed records of income and expenses? I currently just track everything in a spreadsheet but don't have a separate account - wondering if that could hurt my case for QBI eligibility.
Emily Jackson
This is such valuable information! As someone who just started with Uber Eats last month, I had no idea about the self-employment tax kicking in at just $400. I've been assuming I'd be fine since I'm nowhere near the regular filing threshold. Quick question for the group - when you say "set aside 25-30%" for taxes, is that from gross earnings or after deducting expenses like mileage? I've been tracking my miles but wasn't sure if I should calculate my tax savings based on total earnings or what's left after the mileage deduction. Also, does anyone know if there's a grace period for first-time 1099 filers? Like, will the IRS be more lenient with penalties if you legitimately didn't know about the self-employment tax requirement?
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AstroAce
โขGreat questions! For the tax savings calculation, you should set aside 25-30% of your NET earnings (after deducting expenses like mileage). So if you earn $1000 gross but have $300 in mileage deductions, you'd calculate your tax savings on the $700 net amount. Regarding first-time filer penalties - the IRS doesn't have an official "grace period" for not knowing the rules, but they do have reasonable cause provisions. If you can show you made a good faith effort to comply and had reasonable cause for missing requirements, they may waive penalties. However, interest on unpaid taxes still applies. My advice: don't wait to find out about penalty relief. File as soon as you can, pay what you owe, and if penalties are assessed, you can request an abatement later. The IRS is generally more understanding when you're proactive about fixing the situation rather than waiting for them to catch it. Also consider making estimated quarterly payments going forward - it's much easier to manage smaller payments throughout the year than one big tax bill!
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Ravi Patel
Just wanted to add something that might help other newcomers like myself - the IRS also has a "First Time Penalty Abatement" (FTA) policy that can waive failure-to-file and failure-to-pay penalties for taxpayers who have been compliant in prior years OR have no prior filing history. Since you mentioned you've never filed before, you might qualify for this if you end up with penalties. You'd need to call the IRS (or use that Claimyr service others mentioned) to request it after you file your return. Also, don't forget that as a delivery driver, you can deduct more than just mileage - things like your phone data plan percentage used for work, insulated delivery bags, car maintenance related to delivery work, and even parking fees during deliveries can add up to significant savings. The key is keeping good records from the start. I wish someone had told me this when I began - it would have saved me a lot of stress and money!
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Daniel Rogers
โขThis is incredibly helpful information, thank you! I had no idea about the First Time Penalty Abatement - that could be a lifesaver for people in my situation who genuinely didn't know about the $400 self-employment tax threshold. One thing I'm still confused about though - when you mention deducting "phone data plan percentage used for work," how do you actually calculate that? Do you just estimate what percentage of your phone usage is for DoorDash, or is there a more official way to track it? I use my phone constantly for the app, GPS, and communicating with customers, but I also use it for personal stuff obviously. Same question for car maintenance - how do you prove to the IRS that oil changes or tire replacements were "related to delivery work" versus just normal car maintenance you'd do anyway? I'm trying to be thorough with record-keeping from the start, but I want to make sure I'm doing it right and not setting myself up for problems if I ever get audited.
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