


Ask the community...
My accountant told me that the IRS has a first-time penalty abatement policy! If you haven't had any penalties in the past 3 tax years, you can often get the underpayment penalty waived completely. You have to specifically request this though - they don't offer it automatically. Worth a shot if this is your first time with this issue.
The first-time penalty abatement usually doesn't apply to estimated tax penalties (Form 2210). It typically applies to failure-to-file and failure-to-pay penalties. Estimated tax penalties are considered different because they're not just about timely filing/payment but about making required payments throughout the year.
I went through this exact same situation last year! My income jumped from about $45k to $82k due to some freelance contracts that came in late in the year. Here's what I learned: First, don't panic - the penalty isn't as scary as it seems. For most people it ends up being a few hundred dollars, not thousands. Second, definitely look into the annualized income method that Beth mentioned. Since your big income jump happened late in the year, this could significantly reduce your penalty. The IRS basically recalculates what your quarterly payments should have been based on when you actually earned the money. Also check if you had any withholding from other sources (like a W-2 job earlier in the year, or backup withholding). The IRS treats all withholding as if it was spread evenly throughout the year, which can help reduce the underpayment for earlier quarters. One thing I wish I'd known - if your total tax liability is under $1,000 after subtracting withholding and credits, you don't owe the penalty at all. Worth double-checking your math on that. The form is intimidating but if you take it step by step, it's manageable. And paying now definitely helps stop the interest from growing, even if it doesn't eliminate the penalty completely.
This is really reassuring, thank you! I'm in almost the exact same boat - my income went from around $50k to $78k because of two big freelance projects that came through in Q4. I was worried I was looking at thousands in penalties but if it's just a few hundred that's much more manageable. I'm definitely going to look into that annualized income method since it sounds like our situations are so similar. Did you end up doing the calculations yourself or did you use software/get help? The form looks pretty complex and I want to make sure I don't mess it up and make things worse. Also, when you say "if your total tax liability is under $1,000" - is that the total amount you owe when you file, or something else? I think I'll owe around $8,000 when I file but I'm not sure if that's what you're referring to.
I've tracked this closely over the last few tax seasons and here's what I've found with different companies: ⢠Local independent preparers: Often offer advances within 24-72 hours of e-filing ⢠H&R Block: Their "Early Refund Advance" requires IRS acceptance and typically takes 7-10 days ⢠TurboTax: Their "Refund Advance" usually takes 8-15 days as they wait for IRS approval ⢠Jackson Hewitt: Their "No Fee Refund Advance" is available within 24 hours of e-filing but has stricter eligibility The faster the advance, the more risk for the lender, so they either: ⢠Charge higher preparation fees to offset risk ⢠Have stricter eligibility requirements ⢠Offer lower advance amounts ⢠Add hidden fees elsewhere Just be careful - some of these "advances" can end up costing you more than just waiting for the IRS direct deposit!
This matches my experience exactly. I used Jackson Hewitt last year and got their "No Fee Refund Advance" within 24 hours, but I only qualified for $500 of my expected $3,200 refund. The rest came when the IRS actually processed my return about 2 weeks later.
I went with Liberty Tax last year and they offered me an advance within 48 hours, but they charged me $49.95 for "electronic refund disbursement" plus their tax prep fee was $289. When I calculated it, I paid almost $340 to get $1,500 of my refund about 2 weeks early. Definitely not worth it in retrospect.
As someone who's dealt with this exact confusion, I can tell you that timing really depends on your specific situation and what kind of advance product you're looking at. The key thing to understand is that there are basically two types of refund advances: 1. **Early advances** (24-48 hours): These are based on your filed return passing basic IRS validation checks. Your local preparer probably offered this type - they're taking more risk but can get you money faster. 2. **Standard advances** (1-3 weeks): These wait for full IRS processing and approval of your refund amount. This is what most major chains like H&R Block and TurboTax offer. Since you mentioned caregiving expenses piling up, I'd suggest comparing the total cost (prep fees + advance fees) versus just waiting the extra couple weeks for your actual refund. Sometimes the "convenience" of getting money early ends up costing $50-100+ in various fees. Also, if you do go the advance route, make sure to read ALL the fine print about fees. Some preparers are sneaky about bundling costs into their "tax preparation fee" to make the advance look "free" when it's really not.
This is really helpful! I'm new to navigating tax refund advances and had no idea there were these two distinct categories. The distinction between early advances based on basic validation versus standard advances waiting for full IRS processing makes so much sense now. Your point about comparing total costs is something I hadn't considered - I was just focused on getting money faster but you're right that those fees can really add up. Do you happen to know if there are any preparer services that are more transparent upfront about all their fees? It sounds like some of them are pretty sneaky about bundling costs to make advances appear "free.
Can I just say how frustrating it is that most tax preparers don't understand trading scenarios? I had a similar situation with wash sales and my CPA kept giving me wrong information. Had to educate myself and basically explain it to him. The IRS rules aren't even that complicated once you understand the principle - wash sale losses aren't disallowed forever, they're just deferred by adjusting the basis of replacement shares.
This is exactly why I switched from my general CPA to someone who specializes in trader taxation. The difference in understanding was incredible - my new preparer immediately knew that wash sales defer losses rather than eliminate them permanently. One thing that helped me verify my understanding was looking at my 1099-B more carefully. In Box 1d, if there's a "W" code, that indicates wash sale adjustments were made. But the key is looking at the summary totals - your broker has already calculated your net gains/losses after all wash sale adjustments. Your tax preparer should be using those final adjusted numbers, not trying to manually disallow wash sale losses again. If he's doing that, he's essentially double-counting the wash sale penalty, which would be incorrect. I'd recommend getting a second opinion from a CPA who specializes in securities transactions. The rules really aren't that complex once someone explains them properly, but unfortunately many general tax preparers just don't encounter these situations often enough to understand the nuances.
This is really helpful advice about finding a CPA who specializes in trader taxation. As someone new to more complex trading scenarios, I'm realizing how important it is to work with someone who actually understands these situations rather than trying to figure it out with a general practitioner. The point about the 1099-B Box 1d "W" code is something I hadn't heard before - that's a great tip for identifying when wash sale adjustments have been made. It sounds like the key takeaway is that if you closed all your positions before year-end, the wash sale losses should already be properly reflected in your broker's calculations, and your tax preparer shouldn't be trying to disallow them again. I'm definitely going to look for a specialist for next year's taxes. Do you have any recommendations for how to find CPAs who specifically work with active traders? Are there particular credentials or certifications I should look for?
Wow, reading through all these responses has been incredibly educational! As someone who recently went through a similar inheritance situation, I can't stress enough how important it is to act quickly on this. I inherited my grandmother's IRA in 2021 and made the mistake of assuming I had 10 years to figure it out. Turns out she had already started RMDs, which meant I needed to continue taking annual distributions during the 10-year period. I missed two years of required distributions before realizing my error. The penalty relief process that others have mentioned really does work. I filed Form 5329 for the missed years, marked "RC" for reasonable cause, and included a letter explaining how the SECURE Act changes created confusion about the requirements. The IRS accepted my explanation and waived the penalties completely. For your letter, keep it straightforward - explain that the SECURE Act created new rules for inherited IRAs, that professional guidance was inconsistent or unavailable, and that you're now taking corrective action as soon as you understood the requirements. Include dates and reference the specific confusion around inherited IRA RMD rules. Don't let your dad's advisor's reluctance to help discourage you. Many advisors are still learning these rules themselves. The custodian route that others mentioned is definitely worth trying first - they deal with this daily and can give you the exact numbers you need.
Thank you so much for sharing your experience with the penalty relief process! It's really reassuring to hear that the IRS actually does accept these explanations and waive penalties completely. As someone new to this whole inheritance situation, I'm curious - how long did it take to hear back from the IRS after you submitted Form 5329 with your reasonable cause explanation? And did you need to provide any additional documentation beyond the letter explaining the SECURE Act confusion? Also, when you mention keeping the letter "straightforward" - roughly how long was yours? I tend to over-explain things and want to make sure I hit the right tone if I ever need to go through this process. The advice about trying the custodian first makes a lot of sense. It sounds like they might be able to provide the calculations and guidance that some financial advisors are hesitant to give right now.
Reading through all these responses, I'm struck by how many people are dealing with similar inherited IRA confusion. The SECURE Act really did create a perfect storm of complexity, especially for situations like yours with double-inherited accounts. One thing I haven't seen mentioned yet is that you should also check if your dad's IRA accounts had any beneficiary designations that might affect your situation. Sometimes when people inherit IRAs, there can be contingent beneficiaries listed that could complicate things further. Also, while everyone's focusing on the penalty relief (which is definitely important), don't forget about the tax planning aspect. Since you have until 2032 to empty both accounts, you might want to spread the distributions across multiple tax years to avoid pushing yourself into higher tax brackets. This is where a good tax professional becomes really valuable - not just for handling the penalties, but for creating a withdrawal strategy that minimizes your overall tax burden. The fact that your dad's advisor is being evasive is unfortunately common. Many advisors are overwhelmed by the SECURE Act changes and would rather punt to someone else than risk giving incorrect advice. Don't take it personally - just keep looking for someone who specializes in this area. You've got options here, and with the penalty relief available for SECURE Act confusion, this situation is definitely fixable. The key is acting soon rather than continuing to wait.
Annabel Kimball
I think there's some confusion in this thread. An ITIN doesn't actually "expire" the way people think. The IRS may deactivate ITINs that haven't been used on a tax return for 3 consecutive years, but that's different from expiration. If you've been using your husband's ITIN on your returns regularly, it may still be valid even if the physical card shows an "expiration" date. You should check the actual status with the IRS before assuming it's invalid.
0 coins
Chris Elmeda
ā¢Actually, ITINs DO expire. Starting in 2016, the IRS began expiring ITINs on a rolling schedule regardless of use. ITINs issued before 2013 have been expired in batches, and all ITINs now have an expiration date. The physical card might not show it, but they definitely expire now.
0 coins
Lindsey Fry
I went through this exact situation last year and want to share what I learned after consulting with a tax professional. The key thing to understand is that you can absolutely continue using your husband's expired ITIN on your tax return when filing as Married Filing Separately. The IRS uses the ITIN primarily for identification purposes to link you as married, not for any tax calculations since you're filing separately. Here's what I recommend: 1. File as Married Filing Separately (not Head of Household, since you don't qualify without a dependent) 2. Use your husband's expired ITIN in the spouse section - this is completely acceptable 3. Don't include any of his income or claim any benefits related to him 4. Keep documentation showing you're married but living apart I was worried about the expired ITIN causing issues too, but my return processed normally with no delays. The IRS agent I spoke with confirmed that expired ITINs can still be used for identification when the non-filing spouse has no US tax obligations. The most important thing is getting your filing status right - MFS is typically the correct choice for your situation unless you have qualifying dependents that would allow Head of Household under the "considered unmarried" rules.
0 coins