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I'm sorry you're going through this nightmare - tax liens from an ex-spouse can be one of the most frustrating post-divorce issues to deal with. You're definitely taking the right approach with the Form 14135 Certificate of Discharge. One thing I'd strongly recommend is also requesting a "lien subordination" if the discharge doesn't work out. This allows you to refinance or sell while keeping the lien in place, but it moves to a subordinate position behind your new mortgage. Sometimes the IRS is more willing to approve subordination than a full discharge, especially if it doesn't reduce their ability to collect. Also, make sure you're calculating interest and penalties correctly when you submit your discharge application. The IRS calculates these daily, so the amount keeps growing. If you can show that your ex's equity share at the time of divorce was sufficient to cover the original debt plus reasonable interest, that strengthens your case significantly. Have you considered having your divorce attorney write a letter to include with your application explaining the circumstances and how the divorce decree specifically assigned tax liability to your ex? Sometimes having that legal perspective documented helps the IRS understand that this isn't just a property dispute but a legitimate separation of marital debts. The whole process typically takes 2-3 months, but don't be surprised if they ask for additional documentation. Keep copies of everything and follow up regularly.
This is incredibly helpful advice, thank you! I hadn't heard of lien subordination before - that could be a perfect backup option if my discharge application gets denied. Being able to at least refinance would save me thousands in interest payments while still working on getting the lien fully removed. Your point about having my divorce attorney write a supporting letter is excellent. She's already familiar with the case and how clearly the decree assigned all tax liabilities to my ex. I think having that professional legal perspective documented could really strengthen my application. I'm definitely going to double-check my interest and penalty calculations too. I've been using the balance from when I first called the IRS, but you're right that it's growing daily. I want to make sure I'm presenting the most accurate picture of his equity coverage at the time of divorce. How long did the subordination process take in your experience compared to the discharge process? And did you need to provide similar documentation for both, or does subordination require different paperwork?
I'm dealing with a very similar situation and wanted to share something that might help speed up your process. When I submitted my Form 14135, I initially just included basic documentation, but the IRS came back requesting additional proof of property values and my ex's financial situation. What really made the difference was creating a comprehensive "equity analysis" spreadsheet that showed: - Fair market value of the home at divorce (with professional appraisal) - Outstanding mortgage balance at divorce - Total equity available at divorce - My ex's percentage share based on our settlement - His share's dollar value vs. the tax debt amount I also included a timeline showing when the lien was filed relative to our divorce proceedings and property transfer dates. The IRS approved my discharge in just 31 days after resubmitting with this detailed analysis. One other tip - if you haven't already, call the IRS Collection Division directly and ask them to put a "currently not collectible" status on the lien while your discharge application is pending. This stops additional penalties and interest from accruing during the review process. You'll need your ex's SSN and the lien reference number, but it can save you hundreds or even thousands in additional charges. The whole situation is absolutely maddening, but hang in there - you're taking all the right steps and it sounds like you have a strong case for discharge.
This is such valuable advice - the equity analysis spreadsheet idea is brilliant! I'm definitely going to create something similar before I resubmit. Having all those numbers laid out clearly in one place should make it much easier for the IRS reviewer to see that my ex's share of the equity was sufficient to cover his tax debt. Your tip about requesting "currently not collectible" status is something I need to do immediately. I hadn't realized that was even an option during the discharge review process. Every day that passes is costing me money in additional penalties and interest, so stopping that accumulation could save me a significant amount. Can you tell me more about how you calculated your ex's percentage share? Did you base it on the actual divorce settlement terms, or did you use a 50/50 split? Our decree doesn't specify exact percentages, just that I received full ownership, so I'm wondering how to present that calculation to the IRS. 31 days for approval gives me so much hope! I've been mentally preparing for months of waiting, so knowing it can move that quickly with the right documentation is incredibly encouraging.
I'm going through something similar right now! Filed in March and have been stuck with the 570/971 codes since April. The waiting is absolutely brutal, especially when you're counting on that money. A few things that helped me while I'm still waiting: - Set up text alerts through the IRS2Go app so you get notified of any transcript changes - Keep calling early in the morning (7-8am) - I finally got through last week and they confirmed my letter was sent but to the wrong zip code - Document everything - dates you called, reference numbers, what they told you The rep I spoke with said these identity verification cases are taking 12-16 weeks on average right now. Hang in there - I know it's frustrating but you will eventually get your refund. The system is just completely overwhelmed. Have you tried creating an online account to see if there are any notices posted there? Sometimes they show up online before the physical letter arrives.
Thanks for the detailed response! I didn't know about the IRS2Go app text alerts - just set that up now. Super helpful tip about calling early morning too. Did the rep give you any indication of what happens if the letter keeps getting sent to the wrong address? I'm worried mine might be in the same situation since I moved earlier this year and I'm not 100% sure I updated everything properly with the IRS.
I went through this exact same situation last year! Had the 570/971 codes for almost 4 months before everything got resolved. The most important thing is to not panic - those codes are super common and usually just mean they need to verify something routine. A couple of suggestions based on my experience: - Check if your address is correct in your IRS online account. I found out they had my old apartment number which is why I never got their letter - Try calling the IRS right when they open at 7am - that's when I finally got through after weeks of busy signals - Keep checking your transcript weekly for any new codes or date changes The waiting is absolutely torture when you need that money, but in my case they eventually released the full refund plus interest for the delay. The 971 notice should arrive soon and will tell you exactly what they need from you. Once you respond to whatever they're asking for, it usually moves pretty quickly after that. Stay strong - you will get your refund! The IRS is just incredibly backed up right now but they do eventually work through everything.
This is really reassuring to hear from someone who went through the same thing! I'm definitely going to try calling right at 7am tomorrow - I've been calling later in the day and just getting busy signals. Quick question - when you say they paid interest for the delay, was that automatic or did you have to request it? I filed back in February and have been waiting since March, so I'm hoping I might get some interest too when this finally resolves.
Don't overlook your state tax agency too. Most states have their own tax fraud reporting systems, and sometimes they're more responsive than the IRS for smaller cases. Just google "[your state] report tax fraud" and you'll usually find a form or hotline.
I didn't even think about reporting to the state! That's a really good point, especially since I'm in a high income tax state. Maybe they'd be more interested in following up than the IRS. Thanks for the suggestion!
Just want to add that timing can be important when filing these reports. If you know the person is currently preparing their taxes or just filed, that might be a good time to submit your report since the IRS will have fresh information to compare against. Also, keep records of when you submit your report - I've heard the IRS sometimes takes months or even years to follow up, so having documentation of when you first reported can be helpful if they ever contact you for additional information. One more thing - if this person is a business owner, the IRS might be more interested since business tax fraud often involves larger amounts than individual income tax issues. Good luck with whatever you decide to do!
That's really helpful advice about timing! I hadn't considered that the IRS might be more responsive when they have current tax filings to compare against. The person I'm thinking about reporting is indeed a business owner with what appears to be significant unreported cash income, so hopefully that would make it more likely they'd investigate. Do you know if there's any benefit to reporting to both federal and state agencies, or should I pick one? I'm in California so they definitely have their own enforcement.
This has been such a helpful thread! I'm in a similar boat - got a small IRS interest payment last year but completely forgot about it until I started doing my taxes this week. For anyone still looking for their interest amount, I found another way that worked for me: if you have the IRS2Go mobile app, you can access your account transcript right from there too. Sometimes it's easier than navigating the full website on desktop. Just go to "Get Transcript" and select "Account Transcript" for the tax year in question. The transaction code 776 tip from @Jade Lopez was spot on - mine showed up as $8.47 in interest. Even though it's a tiny amount, I'm glad I found this discussion before filing. Better safe than sorry when it comes to the IRS! One question though - does anyone know if there's a statute of limitations on reporting this kind of interest? Like if I missed reporting IRS interest from 2-3 years ago, should I file an amended return or is it too late/not worth worrying about for such small amounts?
@Aisha Khan Good question about the statute of limitations! Generally, you have 3 years from the original filing deadline to amend a return, so if you missed reporting IRS interest from 2-3 years ago, you re'likely still within the window to file an amended return Form (1040X if) you want to be completely compliant. That said, for very small amounts like $8-20 in interest, the IRS probably isn t'going to come after you, especially since they would have records showing they paid you that interest. But if you want to be 100% by the books, you could still amend those returns. The mobile app tip is great too - much easier than the desktop site sometimes!
This thread has been incredibly helpful! I'm actually dealing with this exact situation right now - received a small IRS interest payment of around $12 but couldn't find the paperwork anywhere. The transcript lookup method using transaction code 776 worked perfectly! For anyone else struggling with this, here's exactly what I did: logged into my IRS online account, went to "Get Transcript Online," selected "Account Transcript" for the correct tax year, then used Ctrl+F to search for "776" on the page. Found my interest payment immediately. I was also worried about such a small amount, but reading through all these responses made it clear that even tiny interest payments need to be reported. Better to be compliant than risk any issues later, especially when it's so easy to find the information once you know where to look. Thanks to everyone who contributed - this community really saved me a lot of time and stress!
Sophia Miller
One additional consideration that might be helpful - make sure to review your S-corp election timing and any potential Section 1202 Qualified Small Business Stock (QSBS) benefits. If your LLC made the S-corp election early enough and you've held your interest for at least 5 years, you might qualify for the QSBS exclusion which could eliminate federal taxes on up to $10 million of the gain (or 10x your basis, whichever is greater). This would be even better than just avoiding the 3.8% NIIT - it could potentially eliminate the entire federal capital gains tax on your $875K gain. The QSBS rules are complex and have specific requirements around when the election was made, the type of business, and how the stock was acquired, but it's definitely worth having your accountant review this when they return. Also, since you mentioned multiple owners, each owner can potentially claim their own $10M QSBS exclusion, so the total benefit for your group could be substantial. This is one of those situations where the entity structure (LLC electing S-corp treatment) might actually work in your favor for tax planning purposes.
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Charlee Coleman
β’This is excellent advice about QSBS! I hadn't even considered this possibility. Since we started the business in 2018 and made the S-corp election pretty early on, we might actually qualify for the 5-year holding period requirement by the time of sale. The potential to exclude the entire $875K from federal capital gains tax would be incredible - that could save me around $131K in federal taxes (15% or 20% capital gains rate) plus avoid the 3.8% NIIT entirely. Even if we only partially qualify, any QSBS exclusion would be huge. I'm definitely going to have my accountant dive deep into this when they get back. Do you know if there are any specific documentation requirements we should be gathering now to support a QSBS claim? I want to make sure we have everything ready since the sale timeline is tight.
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Fatima Al-Farsi
β’For QSBS documentation, you'll want to gather several key items before your accountant returns: **Essential QSBS Documentation:** - Your LLC operating agreement and all amendments - The S-corp election form (Form 2553) and the date it was filed - Documentation showing when you acquired your ownership interest (original investment records, partnership agreements, etc.) - Business formation documents (Articles of Organization, EIN application) - Financial records showing the business had gross assets under $50M when you acquired your interest and when the S-corp election was made **Business Activity Verification:** - Records showing the business qualifies as an "active business" (not just passive investments) - Documentation that it's not in an excluded industry (hotels, restaurants, farms, mining, etc.) - Financial statements or tax returns showing business operations **Timing Documentation:** - Any stock certificates or membership interest documentation with dates - Capital contribution records with timestamps - Bank records showing when investments were made The 5-year holding period is calculated from when you first acquired the interest, not from the S-corp election date, so if you were a founding member in 2018, you're likely well past the 5-year requirement by now. Given the potential tax savings, it's worth having your accountant expedite this analysis even if it means paying for rush service. The QSBS exclusion could dwarf any costs associated with getting professional guidance quickly.
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Harper Hill
Looking at your situation, you're in a really strong position to avoid the 3.8% NIIT on your $875K gain. Since you've been actively involved in running the business since 2018, you almost certainly meet the material participation requirements that exempt you from NIIT. A few key points based on the great discussion above: **Material Participation** - With 6+ years of active involvement, you likely qualify under multiple tests (500+ hours annually, substantially all participation, or the 5-of-10 years test). The LLC/S-corp structure doesn't change this fundamental exemption. **Documentation Priority** - Start gathering evidence of your participation NOW: emails showing business decisions, calendar entries, meeting minutes, travel records, contracts you signed, etc. Even without perfect hour logs, multiple types of evidence showing consistent involvement will be convincing. **QSBS Potential** - This could be huge! If your LLC made the S-corp election early and you've held your interest since 2018, you might qualify for Section 1202 QSBS exclusion. This could eliminate federal taxes on your entire $875K gain (not just the 3.8% NIIT). Given the potential $131K+ in tax savings, consider having your accountant prioritize this analysis even if they're on vacation. **Next Steps** - Gather all formation documents, S-corp election paperwork, and ownership records. Document your business activities timeline. If QSBS doesn't apply, the material participation exemption alone should save you about $33K in NIIT. With the sale in 6 weeks, time is critical but you have multiple strong paths to significant tax savings. This is definitely worth expediting professional review!
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Giovanni Colombo
β’This is such a comprehensive summary - thank you! I'm feeling much more confident about avoiding the NIIT now. I've already started gathering documentation and found tons of emails, calendar entries, and meeting records that clearly show my active involvement throughout the years. One quick follow-up question: If we do qualify for QSBS treatment, does that completely eliminate both federal capital gains tax AND the NIIT, or would there still be some portion subject to regular capital gains rates? With multiple owners potentially each claiming their own $10M exclusion, I want to make sure I understand how this stacks with the material participation exemption. I'm definitely going to contact my accountant tomorrow to see if they can prioritize this analysis remotely. The potential savings are too significant to wait, especially with the tight timeline. Thanks again to everyone who contributed - this community has been incredibly helpful!
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