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I've been submitting Form 3520 for 5 years now, and what I've learned is that the IRS basically never acknowledges receipt unless there's a problem. When they found an issue with mine one year, I suddenly got a letter! So I guess no news is good news? My tax attorney says the best practice is: 1) certified mail with return receipt, 2) take photos of all forms before sending, 3) keep all mailing receipts, and 4) document all correspondence. He says in his 20 years of practice, he's never seen the IRS confirm receipt of a properly filed 3520 except by not sending penalty notices.
I completely understand the frustration with Form 3520 - it's one of the most anxiety-inducing forms to file because of the complete lack of confirmation from the IRS. After dealing with this for several years myself, here's what I've found works best: The certified mail approach is absolutely essential, but I also recommend keeping a detailed spreadsheet with filing dates, tracking numbers, and delivery confirmations. I photograph every page of the form before mailing and store everything digitally. One thing that helped me was calling the Practitioner Priority Service line (if you have a tax professional who can call on your behalf) - they sometimes have better access to information about specialty forms like 3520. Regular taxpayers can't use this line, but your CPA or enrolled agent can. Also, while Form 3520 doesn't typically show on standard transcripts, if you've been filing consistently and haven't received any penalty notices, that's usually a good sign they're receiving your submissions. The IRS is unfortunately very good at sending penalty letters when they think you haven't filed! For peace of mind going forward, consider working with a tax professional who specializes in international tax matters - they often have better systems for tracking these types of submissions and can provide additional documentation if needed.
This is really helpful advice! I'm new to filing Form 3520 and the lack of confirmation has been keeping me up at night. The spreadsheet idea is brilliant - I never thought about creating such a detailed tracking system. Quick question about the Practitioner Priority Service - do you know roughly how much it typically costs to have a CPA or enrolled agent make that call on your behalf? I'm wondering if it's worth the expense just for peace of mind, or if I should stick with the certified mail approach and hope for the best. Also, has anyone here ever actually received a penalty notice for Form 3520 that was later reversed once they provided proof of timely filing? I'm curious how that process works in practice.
This has been an incredibly informative discussion! I'm currently serving as trustee for my cousin's special needs trust and have been struggling with many of these same issues. Reading through everyone's experiences has really clarified some things I was uncertain about. I wanted to share something that might be helpful - we discovered that our state (Ohio) has a Special Needs Alliance chapter that offers free educational workshops for trustees. They covered topics like the interaction between trust taxation and benefit preservation, proper documentation practices, and coordination with ABLE accounts. The workshop was led by an attorney who specializes in disability planning and a CPA who handles nothing but special needs trust returns. One thing they emphasized that I haven't seen mentioned here is the importance of getting a proper disability certification letter for qualified disability trust status. While most special needs trusts automatically qualify, having documentation from a physician confirming the beneficiary meets Social Security disability criteria can be important if you're ever audited. The IRS apparently looks for this during examinations of qualified disability trust returns. Has anyone here had experience with IRS audits of these types of trusts? I'm curious about what specific documentation they typically request and how common these audits actually are for smaller trusts like ours that only generate a few thousand in annual income.
That's really valuable information about the Special Needs Alliance workshops! I wish I had known about those when I first became a trustee - would have saved me a lot of confusion and costly mistakes early on. Regarding the disability certification letter, that's something I hadn't considered but makes perfect sense. We've been relying on the fact that my brother-in-law receives SSI as proof of disability status, but having a formal physician's letter specifically for tax purposes sounds like good documentation to have in the file. I haven't experienced an IRS audit personally, but our previous accountant mentioned that trust audits are relatively rare for smaller trusts, especially when the income is modest and the returns are filed consistently. However, they did say that when audits do happen, the IRS typically focuses on whether distributions were properly characterized and whether the trust actually qualifies for any special tax treatment it's claiming. Do you happen to know if the Special Needs Alliance has resources available online, or if similar workshops are available in other states? This kind of specialized education seems so much more valuable than trying to piece together information from general tax resources that don't understand the unique aspects of disability trusts.
The Special Needs Alliance has chapters in most states and many do offer educational resources! You can find your local chapter through their national website at specialneedsalliance.org. Even if your state chapter doesn't offer regular workshops, many have resource libraries and can connect you with attorneys and CPAs who specialize in disability planning. I've found their materials particularly helpful because they address the intersection of tax law, disability benefits, and trust administration - which is exactly what we need as trustees but is rarely covered comprehensively elsewhere. Regarding the disability certification letter, you're right that SSI eligibility is strong evidence, but having a physician's letter specifically referencing the Social Security disability criteria can be helpful documentation for your trust file. Some attorneys recommend getting this updated every few years, especially if the beneficiary's condition could potentially change. One other resource I discovered is the Arc's National Center on Criminal Justice and Disability - they have some excellent guides on financial management for people with disabilities that helped me understand the broader context of what we're trying to accomplish with these trusts beyond just the tax compliance aspects.
Thank you for sharing these additional resources! As someone new to managing a special needs trust, I'm finding this thread incredibly educational. I just became trustee for my sister's trust after our parents passed away, and I had no idea there were so many specialized considerations beyond basic trust administration. The Special Needs Alliance resource looks particularly valuable - I'm definitely going to look up our state chapter. I've been relying mostly on general trust taxation guides, but you're absolutely right that the intersection of disability benefits, tax compliance, and proper trust administration requires specialized knowledge. One thing I'm still trying to understand is the timing of when to make the qualified disability trust election. Do you make this election simply by claiming the $4,450 exemption on the first 1041 you file, or is there a separate form or statement that needs to be attached? I want to make sure I don't miss any required steps in my first year as trustee. Also, has anyone dealt with transitioning from a regular trust filing to qualified disability trust status mid-stream? I'm wondering if our previous trustee might not have been claiming the higher exemption amount.
I went through this exact same situation last year with about $25 in stock profits. After reading through all the comments here, I decided to call the IRS directly (yes, it took forever to get through). The agent told me something that might help clarify things for everyone: The key isn't the profit amount - it's whether your broker reported the cost basis to the IRS on your 1099-B. Look at your 1099-B form and check if there's basis information included. If it shows "basis reported to IRS" or has the cost basis filled in, then the IRS already has all the information they need and you likely don't need Form 8453. However, if your 1099-B shows the sale proceeds but NOT the cost basis (common with older accounts or certain types of trades), then yes, you need to send Form 8453 with documentation regardless of the tiny profit amount. For my $25 situation, it turned out my broker HAD reported the basis, so I didn't need to send anything extra. Check your 1099-B first before assuming you need to mail anything!
This is super helpful! I just checked my 1099-B and you're absolutely right - some of my trades show "basis reported to IRS" and others don't. I never realized that was the key distinction. It looks like I only need to send Form 8453 documentation for about 3 out of my 15 trades. This saves me from printing out a massive stack of papers for trades that are already fully reported. Thanks for taking the time to actually call and get the official answer!
This is really helpful information from everyone! I'm dealing with a similar situation but with crypto trades instead of stocks. Made about $45 in profits from some Bitcoin trades last year and my tax software is also telling me I need Form 8453. From what I'm reading here, it sounds like the key is whether the exchanges reported my cost basis to the IRS. Most crypto exchanges don't provide 1099-B forms like stock brokers do - they usually just give you a 1099-K or their own transaction summary. Does anyone know if the same "basis reported to IRS" rule applies to cryptocurrency transactions, or do crypto trades automatically require the Form 8453 documentation regardless of the amount? I'm trying to figure out if I can avoid mailing in 20+ pages of crypto transaction records for such a small gain.
Great question about crypto! Unfortunately, cryptocurrency transactions are treated quite differently from stock trades when it comes to IRS reporting. Most crypto exchanges don't report cost basis information to the IRS like traditional brokers do for stocks, so you typically need to provide your own documentation regardless of the profit amount. Since crypto exchanges generally only report gross proceeds (if anything) and not your cost basis, the IRS doesn't have the complete picture of your transactions. This means you'll likely need to include Form 8453 with your transaction records showing the purchase dates, amounts, and basis for your Bitcoin trades. The $45 profit amount doesn't change the requirement - it's about having complete documentation for transactions where the IRS doesn't already have the basis information. I'd recommend double-checking if your exchange provided any forms that specifically mention "basis reported to IRS" but in most cases with crypto, you'll need to provide the supporting documentation yourself.
Whatever you do, stay away from the "free" tax preparation software. I tried using FreeTaxUSA for my side gigs last year and it was TERRIBLE for handling multiple 1099s properly. Ended up having to pay a professional to fix all the mistakes after I got an audit notice.
I've had the opposite experience actually. TurboTax Self-Employed handled my 12 different 1099-NECs just fine last year, though it did cost around $180 for federal and state filing. Still way cheaper than $800.
Reading through all these comments, I'm seeing a lot of different options mentioned. As someone who's dealt with IRS compliance issues for small businesses, I'd suggest being really careful about who you trust with a complex situation like yours. The $800 Jackson Hewitt quote isn't unreasonable given your circumstances - 18 income sources plus an unfiled year is genuinely complex work. But before you commit, I'd recommend getting a second opinion from an Enrolled Agent (EA) or CPA who specializes in gig worker taxes. They're often more experienced with the specific deductions and strategies that can really benefit someone in your situation. Also, since you mentioned getting over $6,300 back, make sure whoever prepares your return explains the refund breakdown. With that much self-employment income, you want to understand if you should be making quarterly estimated payments going forward to avoid penalties next year. That's something a good tax professional should definitely discuss with you as part of their service.
This is really solid advice about getting a second opinion from an EA or CPA. I'm actually feeling better about the $800 now that I know I'm getting such a large refund, but you make a good point about understanding the breakdown. The quarterly payment thing is something I hadn't even thought about - I've just been flying by the seat of my pants with all this gig work. Do you think Jackson Hewitt will automatically set that up for me, or is that something I need to specifically ask about? I definitely don't want to be in this same stressful situation next year!
Zara Malik
Just wanted to add one more important detail that hasn't been mentioned yet - make sure you're actually qualifying as a "trader" rather than an "investor" before making the 475(f) election. The IRS has specific criteria for this, including trading frequency, holding periods, and whether trading is your primary business activity. If you don't meet the trader status requirements, the election won't be valid and you could face issues down the road. The basic test is whether you're engaged in trading as a trade or business, not just for investment purposes. Things like having substantial trading activity, short holding periods, and deriving income from daily market movements rather than long-term appreciation all support trader status. I'd recommend documenting your trading activity thoroughly to support your qualification if the IRS ever questions it.
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Justin Chang
ā¢This is such a crucial point that I wish I had known earlier! I made the 475(f) election last year without fully understanding the trader vs investor distinction, and it caused me some headaches during my tax prep. The IRS really does scrutinize this - they want to see that you're genuinely conducting a trade or business, not just frequently buying and selling investments. One thing I learned is that keeping detailed records of your trading plan, time spent on trading activities, and market research is really important. The IRS looks at factors like whether you have an office space dedicated to trading, how much time you spend on trading versus other activities, and whether you're trying to profit from short-term price movements rather than long-term growth. Thanks for bringing this up - it's definitely something everyone considering the election should research thoroughly before filing!
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Omar Zaki
Great discussion everyone! As someone who's been through this process, I wanted to add a few practical tips that helped me. First, when you create your election statement, make sure to keep multiple copies - one for your records, one with your tax return, and a backup. I actually sent mine via certified mail just to have proof of delivery, even though I was filing electronically. Also, once you make the 475(f) election, remember it's generally irrevocable without IRS consent. This means you'll need to use mark-to-market accounting for all future years unless you get permission to change. Make sure you're really committed to being a full-time trader because switching back requires filing Form 3115 and getting IRS approval. One last thing - start keeping meticulous records right away. With MTM accounting, you'll need to mark all your positions to market value at year-end, which means tracking the fair market value of every security you hold on December 31st. This becomes much easier if you start organizing your record-keeping system early in the year rather than scrambling at tax time.
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Liam Sullivan
ā¢This is incredibly helpful advice, especially about the irrevocable nature of the election! I had no idea it was so permanent. Quick question - when you mention marking positions to market value at year-end, does this apply to all securities or just the ones you're actively trading? I have some long-term holdings that I don't really consider part of my trading business, but I'm not sure if the election covers everything or if there's a way to separate them. Also, did you run into any issues with your tax software handling the MTM accounting, or did you end up needing to work with a tax professional? I'm trying to figure out if this is something I can manage on my own or if I should budget for professional help.
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