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Quick practical tip - when you contact the client, ask them to also provide you with a letter acknowledging the error for your records. I keep a file of these correction letters just in case the IRS ever questions why a reported 1099 didn't show up on our corporate return. Better to have documentation ready than to explain it during an audit!
Great advice! But what exactly should this letter include? Just a general "we sent this 1099-NEC by mistake" or should it have specific details?
The letter should include specific details like the tax year, the amount reported on the incorrect 1099-NEC, your corporation's name and EIN, and a clear statement that the form was issued in error because payments to corporations don't require 1099-NEC reporting. Something like "We acknowledge that the 1099-NEC issued to [Corporation Name], EIN [number] for tax year 2024 reporting $X in Box 1 was issued in error as corporations are not subject to 1099-NEC reporting requirements under IRS regulations." Having the client sign and date it makes it even more official for your records.
Thanks everyone for the helpful advice! I just wanted to add that timing matters here too. If your client has already filed the 1099-NEC with the IRS (the deadline was January 31st), they'll need to submit a corrected form showing $0 rather than just voiding it in their system. Also, don't panic if they can't or won't correct it immediately. As long as you're properly reporting your corporate income on Form 1120, the IRS computer matching system will eventually sort it out. The key is having documentation that you attempted to get it corrected - keep copies of your emails or letters to the client requesting the correction. One more tip: if this client regularly pays your corporation significant amounts, it might be worth having a conversation about updating their vendor files to properly classify you as a corporation to prevent this from happening again next year.
Quick question - does anyone know if the tenants themselves could get in trouble for paying rent to someone they know isn't reporting the income? My sister is in a similar situation with her landlord who openly says he doesn't report rental income.
As someone who works in tax compliance, I want to emphasize that reporting suspected tax fraud is actually a civic duty that helps ensure everyone pays their fair share. The fact that this landlord openly admits to not reporting income and keeping things "off the books" makes this a pretty clear-cut case. One thing I'd add to the excellent advice already given - when you file Form 3949-A, be as specific as possible about dates, amounts (if known), and include copies of any evidence like those money order photos the tenants have. The more documented evidence you can provide, the stronger the case will be. Also worth noting that rental income tax evasion often involves other violations too - like not paying proper business taxes, employment taxes if they have maintenance staff, or even local occupancy taxes. The IRS investigation may uncover additional issues beyond just the unreported rental income. Don't feel bad about reporting this - tax evasion hurts everyone by shifting the burden to honest taxpayers and reducing funding for public services we all depend on.
This is really helpful perspective from someone who actually works in tax compliance! I hadn't thought about the potential for other violations beyond just the unreported rental income. One question - you mentioned being as specific as possible about dates and amounts. In this case, I don't have direct access to the financial details since I'm not a tenant myself. Would it be appropriate to encourage the tenants to file their own reports since they have the actual money order records and payment amounts? Or should I focus on reporting what I know directly (the landlord's admissions about not reporting income) and let the IRS follow up with tenants if they need more detailed financial records? I definitely agree about this being a civic duty. It's frustrating to see someone openly bragging about tax evasion while the rest of us follow the rules.
I'm confused about something similar - if I take money from my Roth IRA that I originally contributed (not earnings), do I still have to report it on my taxes even if I know it's not taxable?
Yes, you absolutely still need to report it! The 1099-R will be reported to the IRS regardless, so if you don't include it on your return, you'll likely get a notice from them. Report it on Form 1040 and then use Form 8606 to show that it's a nontaxable distribution.
The blank Box 2a on your 1099-R is actually a good sign - it likely means TIAA determined the distribution wasn't taxable, which is why they didn't withhold anything this time. However, you absolutely still need to report this on your tax return even if no taxes are owed. Since you mentioned this is from a rollover you did over a year ago, the key question is whether those were pre-tax or after-tax funds that you rolled over. If you rolled over from a traditional 401(k) or IRA to a Roth (a conversion), you would have paid taxes on that conversion at the time. Any distributions from those converted funds would generally be tax-free as long as it's been more than 5 years since the conversion AND you're over 59½. If the rollover was from another Roth account, then the funds maintain their original character and the 5-year clock from your original Roth IRA applies. Make sure to check Box 7 for the distribution code - that will tell you exactly how the IRS expects this to be treated. You'll likely need to file Form 8606 along with your 1040 to properly report this distribution and show why it's not taxable.
This is really helpful clarification! I'm dealing with a similar situation where I rolled over funds from a traditional 401k to a Roth IRA about 2 years ago. I remember paying taxes on the conversion at the time, but now I'm worried about taking any distributions since it hasn't been 5 years yet. Does the 5-year rule for conversions apply to the entire converted amount, or is it calculated differently if I only withdraw part of what I converted? And if I'm under 59½, would I face the 10% penalty even though I already paid income tax on the conversion?
One thing to keep in mind - if you and your spouse file jointly but the IRA is only in one name, make sure you're putting the correct SSN on the standalone 5329. I made this mistake and put both our names and SSNs on the form, which caused confusion and delayed processing. For an inherited IRA, you need just the account owner's information.
Does the reasonable cause letter need to be signed by both spouses if you file jointly, or just by the IRA owner?
Just the IRA owner needs to sign the reasonable cause letter. Since it's your husband's inherited IRA, only he needs to sign the letter that accompanies Form 5329. The letter should be written from his perspective explaining the missed RMD. Even though you file jointly, the IRA and the associated penalty are tied to the account owner specifically, so all the documentation should reflect that.
Just wanted to share my recent experience with this exact situation. We missed an RMD from my wife's inherited IRA in 2023 and discovered it after already filing our return. I was really stressed about the potential $1,800 penalty. We filed the standalone Form 5329 with a reasonable cause letter explaining that we were confused by the new SECURE Act rules and thought we had until age 73 (like regular IRAs) rather than continuing the original owner's RMD schedule. We also mentioned that we immediately took the missed distribution once we realized the error and set up automatic distributions going forward. The IRS completely waived the penalty! The key things that seemed to help were: 1) We took action immediately after discovering the mistake, 2) We showed we put measures in place to prevent it happening again, and 3) We were honest about the confusion without making excuses. The whole process took about 6 months from filing the 5329 to getting the penalty waiver confirmation. Don't lose hope - the IRS really can be reasonable about first-time mistakes if you handle it properly!
This is really encouraging to hear! I'm in almost the exact same situation with my husband's inherited IRA. We also got confused by all the rule changes and thought we had more time. How long did it take from when you mailed the Form 5329 to when you heard back from the IRS? I'm hoping to get this resolved quickly since we're already into 2025 and I'm worried about it affecting this year's taxes too.
Mei Chen
The solo 401k contribution calculation errors would be my last straw. That's a pretty straightforward calculation with clear limits, and getting it wrong multiple years shows either incompetence or carelessness.
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Liam Sullivan
ā¢100% agree. I had a CPA make this mistake once and I gave them another chance, but twice? No way. Those contribution limits are literally published by the IRS with clear formulas.
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Henrietta Beasley
These are absolutely red flags, not normal CPA behavior. I've been through tax season with several different CPAs over the years, and what you're describing shows a fundamental lack of attention to your account. The estimated tax payment issue alone should have you looking elsewhere. When you explicitly notify your CPA about a significant revenue increase, recalculating quarterly payments should be automatic - that's Tax Planning 101. The fact that he acknowledged your email but didn't act on it is inexcusable, especially when you're facing an $82k surprise bill. The repeated solo 401k errors are particularly telling because these calculations follow straightforward IRS guidelines. Making the same mistake twice suggests he's not learning from his errors or possibly not dedicating enough time to your file. You're not being unreasonable - you deserve a CPA who is proactive, organized, and responsive to your communications. Start interviewing new candidates now, and make sure to ask them specifically how they handle mid-year revenue changes and client communications. A good CPA should have systems in place to prevent exactly what you're experiencing.
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Anderson Prospero
ā¢This is exactly what I needed to hear. I've been second-guessing myself wondering if I'm being too demanding, but you're right - these aren't unreasonable expectations. The $82k surprise really opened my eyes to how costly these "oversights" can be. I'm definitely going to start interviewing new CPAs and will ask those specific questions about handling mid-year changes. Thank you for validating that this isn't normal!
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