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You're absolutely right to be concerned about this EIN request during the audit. I went through something very similar with my late husband's trust audit two years ago, and the key is understanding the timing distinction. For the 2022 tax year when your mother-in-law was alive, if the trust properly qualified as a grantor trust, it should have been using her SSN - not an EIN. The IRS agent may be confused about the requirements or applying current post-death rules to the historical audit period. I'd recommend preparing a clear timeline showing: (1) During 2022, mother-in-law was alive and the trust was a grantor trust using her SSN, (2) After her death, the trust status changed and may now require an EIN going forward. These are two separate tax periods with different requirements. Consider requesting to speak with the agent's supervisor if they continue to insist on an EIN for the 2022 audit period. In my experience, supervisors tend to be more familiar with the nuanced grantor trust regulations. Also, document everything in writing - send a follow-up email after any phone conversations summarizing what was discussed and your position. The most important thing is not to let them pressure you into getting an EIN just to move the audit along if it wasn't required for that tax year. That could create unnecessary complications for future filings.
This is exactly the kind of clear, structured approach I needed! Your timeline idea makes perfect sense - separating the 2022 audit period (when mother-in-law was alive) from the current post-death requirements. I'm definitely going to document everything in writing like you suggested. It sounds like having that paper trail could be crucial if we need to escalate to a supervisor or if there are any disputes later about what was discussed. One quick question - when you requested to speak with the supervisor in your situation, did you have to provide specific reasons for the request, or could you simply ask for escalation because you disagreed with the agent's interpretation of the grantor trust rules?
You can absolutely request to speak with a supervisor without having to provide elaborate justification. In my case, I simply told the agent that I disagreed with their interpretation of the grantor trust requirements for the audit period and would like to discuss the matter with their supervisor who might have more experience with these types of trust tax issues. The agent was actually quite professional about it and scheduled a call with the supervisor for the following week. The supervisor was much more knowledgeable about the timing distinctions and quickly understood that the 2022 audit period had different requirements than the current post-death situation. I think the key is to be respectful but firm - something like "I'd like to request a supervisor review of this EIN requirement since I believe there may be a misunderstanding about the applicable regulations for the tax year under audit." Having your documentation ready (trust documents, relevant tax code citations, timeline) will make the conversation much more productive when you do get to speak with the supervisor.
I went through a nearly identical situation with my mother's trust audit last year. The IRS agent initially insisted we needed an EIN for the audit period, but they were mixing up the pre-death and post-death requirements. Here's what worked for me: I prepared a simple one-page summary showing (1) the trust qualified as a grantor trust under IRC 671-679 during my mother's lifetime, (2) Treasury Regulation 1.671-4 specifically allows grantor trusts to use the grantor's SSN, and (3) the audit was for tax years when my mother was alive and the trust properly used her SSN. I also included copies of the relevant tax code sections and sent everything via email before our next call. The agent reviewed it with their supervisor and came back agreeing that no EIN was required for the audit period. The key is staying focused on the specific tax year being audited (2022) and not getting sidetracked by what might be required going forward now that your mother-in-law has passed. Those are completely separate issues with different rules. Don't let them pressure you into getting an EIN just to move things along if it wasn't required for 2022. Stand your ground with the regulations - you're likely correct about this.
This one-page summary approach sounds brilliant! I'm going to prepare something similar for our situation. It makes so much sense to focus specifically on the 2022 audit period and keep the post-death requirements as a separate discussion. I really appreciate you mentioning the specific Treasury Regulation 1.671-4 - having those exact citations seems to make a big difference with IRS agents. It sounds like when you present the information in a clear, organized way with proper legal references, they're much more likely to review it properly rather than just sticking to their initial position. Did you find that sending it via email beforehand was more effective than trying to explain everything over the phone? I'm wondering if giving them time to review the regulations and discuss with their supervisor ahead of the call helped avoid a lengthy back-and-forth discussion.
OMG the offset system is wild! States can take $ for so many things: unpaid taxes (obv), child support, unemployment overpayments, student loans, court fees, toll violations, parking tickets, even unpaid utility bills in some states! And get this - some states share offset info w/ other states where you've lived. So your NY refund could be offset for a debt in CA. Crazy system that nobody explains to taxpayers until it's too late. SMH.
I feel your pain! This happened to me last year and the waiting period was torture. Here's what worked for me: Most states have a "Treasury Offset" or "Debt Collection" section on their revenue department website where you can search by SSN. Also try logging into your state's main tax portal - sometimes there's an "Account Summary" or "Notice History" section that shows recent actions before the physical letter arrives. If your state participates in the Federal Treasury Offset Program, you can also call 1-800-304-3107 for the automated hotline that tells you which agency requested the offset. Don't give up - the information is out there, it's just buried in government bureaucracy! š
This is super helpful! I didn't know about that federal hotline number. Quick question - when you call 1-800-304-3107, do they tell you the exact amount that was offset or just which agency requested it? And does the automated system work 24/7 or only during business hours? Trying to figure out if I can get answers tonight or if I need to wait until tomorrow morning.
I'm confused about something - do I need to report my foreign account if I'm a US citizen but the money was earned and taxed in that foreign country? I have about $12,000 in a bank in Argentina where I work part time.
Yes, you absolutely need to report it if the total of all your foreign accounts exceeded $10,000 at any point during the year. The FBAR requirement is about disclosure of the accounts, regardless of whether the income was already taxed elsewhere. Also, as a US citizen, you generally need to report worldwide income on your US tax return, though you may be able to exclude some foreign earned income or claim credits for foreign taxes paid to avoid double taxation.
I was in a similar situation a few years ago with my UK account and completely understand the panic! Here's what I learned from going through this process: First, take a deep breath - you're not alone and there are solutions. Since your account has $38,000, you definitely need to file an FBAR for any year the balance exceeded $10,000. The good news is that the Streamlined Filing Compliance Procedures are specifically designed for situations like yours where the failure to report was non-willful. For the Streamlined Domestic Offshore Procedures (since you're living in the US), you'll need to file: - FBARs for the past 6 years (or however many years you've had the account if less) - Amended tax returns (Forms 1040X) for the past 3 years - Form 14653 (certification that your failure was non-willful) The key is being able to certify that your failure to report was non-willful - meaning you weren't intentionally hiding the account. Based on your post, it sounds like you simply weren't aware of the requirement, which would qualify. I'd strongly recommend consulting with a tax professional who specializes in international tax issues before proceeding. The penalties for willful non-compliance can be severe, but the streamlined procedures can eliminate or significantly reduce penalties for non-willful cases. Don't wait too long to address this - the sooner you get compliant, the better your position will be.
This is incredibly helpful, thank you so much! I'm definitely in the non-willful category - I genuinely had no idea about these reporting requirements until my friend mentioned it. One question about the amended returns - do I need to report the actual income from the Canadian account on those amended returns, or just the existence of the account? I already reported all my Canadian employment income on my regular tax returns each year, so I'm wondering if the amendments are just to add the foreign account disclosure forms or if there's additional income reporting I missed. Also, roughly how much should I expect to pay for a consultation with an international tax specialist? I want to make sure I do this right but I'm also worried about the cost on top of any potential penalties.
This is really helpful information! I'm in a similar boat - I've been doing freelance graphic design work and selling prints on Etsy, made about $3,200 this year. I had no idea about the $400 threshold for self-employment tax vs the $600 for 1099 forms - that's a crucial distinction that I think a lot of people get confused about. One thing I'm still unclear on though - when you mention deducting business expenses, do you need to have receipts for everything? I bought a lot of art supplies throughout the year but didn't always keep receipts for smaller purchases. Also, if I use my personal laptop for both design work and personal stuff, can I deduct a portion of that as a business expense? Thanks for breaking this down so clearly - definitely makes the whole process seem less overwhelming!
Great question about receipts! The IRS requires documentation for business expenses, but it doesn't have to be a traditional receipt. You can use bank statements, credit card statements, or even a detailed log if you lost receipts. For smaller purchases under $75, the documentation requirements are more flexible. I'd recommend starting to keep better records going forward - even taking photos of receipts with your phone works. For your laptop, yes you can deduct a portion as a business expense! You can either depreciate it over time or take the Section 179 deduction. Since you use it for both personal and business, you'll need to estimate the percentage used for business (like 40% business, 60% personal) and only deduct the business portion. Keep track of your usage to justify the percentage in case of questions. The key is being reasonable and honest about your business use percentages. The IRS understands that freelancers often use personal items for business purposes - they just want to see that you're not trying to deduct 100% of something that's clearly mixed use.
Just to add another perspective - I've been doing freelance illustration and selling handmade pottery for about 3 years now. The transition from regular W-2 employment to dealing with self-employment taxes was definitely a learning curve, but it's totally manageable once you get the hang of it. A few practical tips that helped me: - Set aside 25-30% of your side income in a separate savings account for taxes. This way you won't be scrambling to pay when tax time comes. - Use a simple spreadsheet or app to track income and expenses monthly - don't wait until the end of the year! - Take photos of all your receipts immediately and store them in a dedicated folder on your phone/cloud storage. The good news is that creative businesses often have lots of legitimate deductions that can significantly reduce your tax burden. Art supplies, craft materials, booth fees for markets, even business meals with clients - it all adds up. Just make sure everything is actually used for your business and keep good records. Don't let the tax stuff discourage you from pursuing your creative side income - it's really not as complicated as it seems at first!
This is such solid advice! I'm just starting out with selling digital art commissions and had no idea about setting aside money for taxes. The 25-30% rule is really helpful - I was wondering how much I should be saving. Quick question about the spreadsheet tracking - do you track every single small expense or is there a minimum amount you bother with? Like if I buy a $3 pack of pens that I use sometimes for sketching ideas, is that worth tracking or too small to matter? Also love the tip about photographing receipts right away. I've already lost a few receipts for art supplies and was stressing about it!
Isaiah Sanders
I'm actually going through this exact same situation right now! Got 1099s from both PrizePicks and Underdog showing about $2,800 in winnings, but when I add up all my losses from DraftKings, FanDuel, and a few other platforms, I'm probably down around $1,500 overall for the year. What's been helpful for me is creating a simple spreadsheet to track everything. I went through all my bank statements to find deposits to betting accounts, then logged into each platform to download whatever transaction history I could find. Most of the major sportsbooks have some kind of export feature, though they're all formatted differently. The tricky part is that even though I lost money overall, I still have to report those 1099 winnings as income and can only deduct my losses if I itemize. Since I rent and don't have a mortgage, my other itemizable deductions are pretty minimal, so I'm still trying to figure out if itemizing will actually benefit me. One thing I learned is that you really need to keep detailed records going forward - dates, amounts, outcomes for each bet. I wish I had started doing this from the beginning of the year instead of trying to piece everything together now. Definitely a lesson learned for next tax season!
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Camila Jordan
ā¢I'm dealing with almost the exact same numbers as you! Got about $2,900 from PrizePicks and Underdog but lost around $1,800 overall when counting everything else. The spreadsheet approach is definitely the way to go. I found it helpful to separate my "reportable wins" (the 1099s) from my other betting activity to make it clear what I owe taxes on versus what I can potentially deduct. For the itemizing decision, don't forget to include things like state and local taxes you paid, any charitable donations, and unreimbursed medical expenses over 7.5% of your income. Even as a renter, you might have more itemizable deductions than you think. I was surprised that my state taxes alone were pretty substantial. The record-keeping lesson is so important - I'm definitely setting up a proper system for this year to track everything as it happens instead of scrambling at tax time!
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Ella rollingthunder87
I've been in this exact situation and it's definitely confusing at first! The key thing to understand is that you absolutely must report those 1099s from PrizePicks and Underdog - the IRS already has copies of those forms, so there's no way around it. Here's how it works: Your gambling winnings get reported as "Other Income" on your tax return, but your losses from DraftKings and FanDuel can only be deducted if you itemize deductions on Schedule A. The catch is you can only deduct gambling losses up to the amount of your gambling winnings - so if your 1099s show $3,000 but you lost $4,000 on other platforms, you can only deduct $3,000 of those losses. The documentation piece is crucial. I'd recommend logging into your DraftKings and FanDuel accounts right away to download your complete betting history for 2023. Most platforms have this available in their account settings or transaction history sections. If you can't find it online, contact their customer service to request annual statements. One important consideration: gambling losses are only beneficial if you itemize deductions, and your total itemized deductions need to exceed the standard deduction ($13,850 for single filers in 2023) to be worthwhile. Don't forget to include other potential deductions like state taxes, charitable donations, and mortgage interest when making this calculation. The good news is that all your sports betting activities are considered the same type of gambling for tax purposes, so your losses from different platforms can offset your winnings from others. Just make sure you keep detailed records in case of an audit!
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Zara Rashid
ā¢This is really comprehensive advice, thank you! I'm a newcomer to dealing with gambling taxes and this thread has been incredibly helpful. Just to make sure I understand correctly - even though I might have broken even or lost money across all platforms combined, I still need to pay taxes on the winnings shown on my 1099s unless my total itemized deductions exceed the standard deduction? Also, when you mention keeping detailed records for audit purposes, what exactly should I be documenting? Is it enough to have the platform's transaction history downloads, or do I need to create my own separate log with additional details? I want to make sure I'm doing this right from the start since this is all new to me.
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