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idk why everyone makes this so complicated lol just use taxr.ai - it literally tells you everything you need to know about filing old returns. Best $5 I ever spent no cap
Just wanted to add that you should also check if you had any stimulus payments you might have missed in 2021 - those Recovery Rebate Credits can be claimed on your return too! I filed a late 2021 return last year and got an extra $1400 I forgot about. Also make sure to use certified mail when you send it in so you have proof of delivery š®
One thing to consider - even with a parenting plan that specifies who claims the kids, the IRS will still apply their own tiebreaker rules if both parents claim them. The parenting plan helps show intent and agreement, but the IRS's main concerns are: 1. Where did the kids physically spend the most nights during the tax year? 2. If that's equal, which parent has the higher AGI? I found this out the hard way when my custody agreement said I could claim our daughter, but my ex's house was technically her primary residence (she spent more nights there). The IRS sided with my ex despite our agreement saying otherwise. Also, keep in mind that intentionally disregarding a custody agreement for tax purposes isn't automatically "tax fraud" in the IRS's eyes - it's a dispute about qualification. But repeatedly claiming a dependent when clearly not entitled to could potentially be viewed as a knowing misrepresentation.
This is so important to understand! The IRS doesn't automatically enforce custody agreements. Their tiebreaker rules are what matter legally for tax purposes, regardless of what's in your parenting plan. Though in most cases, a well-written parenting plan will align with the IRS rules.
I've been through a similar dependent dispute, and from what I've learned, the IRS typically takes 4-12 months to resolve these conflicts. The fact that you received your refund doesn't mean they've made a determination yet - they process returns first, then audit later. A few key points based on my experience: 1. **Documentation is crucial** - You did the right thing including the parenting plan and AGI proof with your return. Keep copies of everything, plus any additional records showing where the children actually lived (school records, medical records, etc.). 2. **The "night test" matters most** - Even with a custody agreement, the IRS will ultimately look at where the children spent the majority of nights during the tax year. If your partner had the kids for more than half the year AND has higher income, you're in a strong position. 3. **Communication timeline** - In my case, it took about 7 months before the other party received an IRS notice. I never got any communication until much later when they confirmed the resolution in my favor. 4. **Fraud vs. dispute** - Unless there's clear evidence of intentional deception (like fabricated documents), the IRS usually treats these as qualification disputes rather than fraud cases. The conflict is already flagged in their system. The waiting is definitely stressful, but it sounds like you've done everything correctly. Just keep your documentation organized and be patient with their process.
Friendly reminder that if you owe taxes for other years, the IRS will automatically apply any refund from 2020 to those outstanding balances. So if you're expecting a refund but have tax debt from other years, don't count on seeing that money.
Just want to echo what others have said about the May 17, 2024 deadline - you really need to act fast! Since you can't e-file 2020 returns anymore, make sure you're using the actual 2020 tax forms (not 2024 forms) which you can download from the IRS website under "Prior Year Products." One thing I haven't seen mentioned yet - if you had health insurance through the marketplace in 2020, make sure you have your 1095-A form to reconcile any advance premium tax credits. Missing this could delay your refund processing significantly. Also, double-check that you're mailing to the correct IRS processing center for your state. The address for paper returns is different from where you'd normally send correspondence, and using the wrong address could cause delays that might push you past the deadline. Good luck getting your refund!
This is really helpful advice! I'm in a similar situation and didn't realize about the marketplace insurance form. Quick question - if I can't find my 1095-A from 2020, is there a way to get a replacement copy from the IRS or the marketplace? I moved a couple times since then and I'm worried I might have lost some of my tax documents.
Has anyone mentioned Form 8824? If this distribution is part of a partnership dissolution or restructuring, you might need to report it as a like-kind exchange. I had a similar situation and my CPA insisted we needed this form.
Form 8824 wouldn't apply here. That's for like-kind exchanges under Section 1031. A partnership distribution of property to a partner isn't a like-kind exchange - it's governed by the partnership distribution rules under Sections 731-737. Your CPA might've been confusing this with a different transaction.
I've been through several partnership property distributions and want to emphasize something that often gets overlooked - make sure you're also considering the impact on the remaining partners' capital accounts and basis adjustments. When property gets distributed, the partnership needs to make corresponding adjustments to all partners' capital accounts under Section 704(b). If you have a Section 754 election in place (which many partnerships forget they have), you'll also need to make basis adjustments to the partnership's remaining assets under Section 734(b). For your Box 19 reporting, beyond what Giovanni mentioned about the basic disclosures, you should also confirm whether the partnership needs to report any Section 734(b) adjustments that affect the other partners. These adjustments can be complex but are crucial for maintaining proper basis tracking going forward. Also double-check your partnership agreement for any special allocation provisions that might affect how this distribution should be treated from a book vs. tax perspective. Sometimes the agreement has specific language about property distributions that can impact the reporting requirements.
This is exactly the kind of comprehensive advice I was hoping to find! I'm new to partnership tax issues and honestly didn't even know about Section 754 elections or Section 734(b) adjustments. Quick question - how do I check if our partnership has a Section 754 election in place? Is this something that would be filed separately or would it show up on previous partnership returns? I want to make sure I'm not missing any required basis adjustments that could affect the other partners. Also, when you mention checking the partnership agreement for special allocation provisions, are there specific sections or language I should be looking for? Our agreement is pretty lengthy and I want to make sure I don't overlook anything important for this distribution. Thanks for pointing out these details - it's clear there are a lot more moving parts to partnership distributions than I initially realized!
QuantumQueen
Don't forget about wash sale rules if you're planning to buy back into a similar fund later! If you sell at a loss and buy back within 30 days, you can't claim the tax loss.
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Aisha Rahman
ā¢Wash sale rules only apply to selling at a loss, not a gain. OP is selling at a gain, so wash sales aren't relevant here. But good point for others who might be reading and have investments with losses.
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QuantumQueen
ā¢You're right, I misunderstood the situation. Since OP is selling at a gain, wash sale rules don't apply. Thanks for the correction!
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Zoe Alexopoulos
Great thread everyone! As someone who's been through this exact situation, I wanted to add a few practical tips for when you actually execute the sale: 1. **Timing matters**: If you're close to the end of the tax year, consider whether it makes sense to delay the sale until January to push the tax liability to the following year's return. 2. **Document everything**: Take screenshots of your lot selection choices and keep records of which specific shares you sold. This will be helpful when you get your 1099-B and need to verify everything matches. 3. **Consider tax-loss harvesting**: Even though you're selling at a gain, check if you have any other investments with losses that you could sell to offset some of the gains. 4. **Emergency fund planning**: Since you're using investments for an emergency, consider rebuilding an actual cash emergency fund once you're back on your feet so you don't have to deal with tax implications next time. The 0% capital gains rate that @Nia Davis mentioned is huge - definitely verify your income situation before selling. You might be in for a pleasant surprise!
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Megan D'Acosta
ā¢These are excellent practical tips! The timing point is especially important - I hadn't considered that delaying a few weeks could push the tax impact to next year. One question about the documentation: should I also keep records of the mutual fund's dividend/capital gains distributions over the years? I think those might affect my cost basis calculation, but I'm not sure how to track them down if they were automatically reinvested. Also, you're absolutely right about building a cash emergency fund after this. This whole situation has been a real wake-up call about having liquid savings separate from investments!
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