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Ask the community...

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Kylo Ren

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I'm so sorry this happened to you! As someone who works in tax compliance, I can tell you that unfortunately the IRS holds taxpayers ultimately responsible for filing on time, even when a preparer fails them. However, you absolutely have grounds for penalty relief. The key is proving "reasonable cause" - which means you acted as an ordinary, prudent person would under similar circumstances. Your situation fits this perfectly: you hired a preparer well before the deadline, provided all documents timely, and paid for the service in good faith. When you write your penalty abatement letter, focus on these facts: the date you engaged the preparer (February), when you provided documents, payment proof, and any communications showing you believed your taxes were being handled. Don't get emotional in the letter - stick to a timeline of facts. Also, definitely file Form 14157 to report this preparer. The IRS takes these complaints seriously, especially with preparers who take payment but don't deliver services. This protects other taxpayers and strengthens your case. File your taxes immediately to stop additional penalties from accruing. If your return is straightforward, tax software might be fastest. For complex situations, find a credentialed preparer (CPA or Enrolled Agent) - just verify their credentials this time! You're not alone in this - preparer negligence cases happen more than you'd think, and the IRS does grant relief when taxpayers can prove they acted responsibly.

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Vince Eh

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This is incredibly helpful advice, thank you! I'm curious about one thing though - when you mention "reasonable cause," are there specific IRS publications or guidelines that define what qualifies? I want to make sure my letter references the right legal standards. Also, should I wait to hear back from the IRS about my penalty abatement request before filing the Form 14157 complaint against the preparer, or can I do both simultaneously? I don't want to complicate my own case while it's being reviewed. One last question - if the IRS denies my initial abatement request, is there an appeals process or would I need to start over with a different approach?

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Andre Dupont

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I'm so sorry you're dealing with this nightmare! As someone who went through a similar situation last year, I completely understand your frustration and panic. Here's what worked for me: First, file your taxes IMMEDIATELY using software like TurboTax or FreeTaxUSA if your situation is straightforward - don't wait for another preparer. Every day you delay adds more penalties. For the penalty abatement letter, be very specific about dates and include ALL documentation. I wrote something like: "On February 3rd, 2024, I engaged [preparer's name] and provided all required tax documents. On February 10th, I paid $350 for preparation and filing services. On [dates], the preparer assured me via [email/text/phone] that my return was being processed." Then attach screenshots, payment receipts, everything. The IRS actually has a "reasonable cause" provision in IRC Section 6651(a)(1) for situations exactly like this. In my case, they waived over $600 in penalties because I could prove I acted in good faith and the failure was due to circumstances beyond my control. Also, definitely report this preparer on Form 14157. I found out my guy had multiple complaints against him - wish I'd known to check that beforehand! Don't let this person's incompetence ruin your financial life. You did everything right, and the IRS recognizes that when you can document it properly.

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This is really comprehensive advice! I especially appreciate you mentioning the specific IRC Section 6651(a)(1) - that gives me something concrete to reference in my letter to show I understand the legal framework. Quick question about filing immediately - should I be worried about making any mistakes if I rush to file using tax software? I'm worried that if I make errors while trying to file quickly, it could hurt my penalty abatement case later. Is it better to be fast but potentially imperfect, or take a few extra days to make sure everything is correct? Also, when you say you found out your preparer had multiple complaints, where did you check that? Is there a public database or do you have to request that information from the IRS? I'd love to know if others have had problems with this same guy. Thanks for sharing the actual dollar amount you got waived - it gives me hope that this is actually worth pursuing rather than just paying the penalties and moving on.

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Caden Nguyen

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Great questions! On filing quickly vs. perfectly - I'd say accuracy is more important than speed at this point. Take an extra day or two to double-check your entries, especially if you're not familiar with tax software. A mistake on your return could actually complicate your penalty abatement case because the IRS might question your overall diligence. That said, don't overthink it - most tax software has good error-checking built in. Just go through each section carefully and have your documents handy for reference. For checking preparer complaints, there isn't really a public database unfortunately. What I did was call the IRS practitioner priority line and asked if they could tell me if there were issues with my preparer's PTIN (Preparer Tax Identification Number). You can also check if they're properly licensed through your state's CPA board or the IRS Enrolled Agent verification system - unlicensed preparers tend to have more problems. The $600 I got waived was definitely worth the effort! The whole process took about 2 months, but considering I only spent maybe 3-4 hours total writing letters and gathering documents, that's a pretty good hourly rate. Plus there's the satisfaction of not letting a bad preparer stick you with their mistakes. @Andre Dupont is right about documenting everything with specific dates - the IRS really responds to detailed timelines that show you acted responsibly.

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How to file taxes for highly variable commission-based income? W-2 but taxed differently each week

So I started working as a sales rep at this major company late last year. I'm technically W-2 with full benefits and everything, but my income is 100% commission-based which means my paychecks are all over the place. Some weeks I'm only bringing in $600-1200, and other weeks when sales are hot I can make $9-12k. I also get these quarterly bonus checks that typically range from $6-12k. The weird thing is how they're taxing me. They basically take whatever I earned that week, multiply it to get an "annual equivalent," and then tax me based on that imaginary annual income. So some weeks the system thinks I'm a high-roller in the 37% tax bracket, and other weeks it's like "this poor soul must be living off ramen noodles" lol. I crunched some numbers recently - I'm at $107k YTD gross, but only $74k YTD net. So they're taking about 31% in taxes overall, but I should actually be in the 24% tax bracket based on my projected annual income. By my calculations, I should be closer to $81k net if I was taxed correctly. My big question is: will this fix itself when I file my tax return? Am I going to get all that over-withheld money back? I usually just use TurboTax because it's straightforward, but I'm wondering if I should talk to an actual tax professional this year given my situation. FWIW, I'm in Florida so no state income tax to worry about, just federal. And I file as single. Really appreciate any insights! I know I'll find out in a few months anyway, but it's driving me crazy wondering if I've got a nice fat refund coming my way next spring.

Connor Murphy

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I'm curious about this whole issue myself cuz I just started a commission job too. Anyone here know if tax withholding for commissions is different between states? Or is it all federal rules? Like if I move from NY to Texas mid-year, would it affect how my commission is taxed?

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NebulaKnight

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The federal withholding rules for commissions are the same nationwide - they follow the IRS guidelines regardless of which state you're in. However, state withholding varies dramatically. Moving from NY to Texas mid-year would have a significant impact because New York has state income tax while Texas doesn't. After you move to Texas, you'd no longer have state withholding taken out, but you'd still need to file a part-year resident tax return for New York for the portion of the year you lived there. This kind of mid-year move gets complicated tax-wise, so it might be worth consulting with a tax professional who can help you with the part-year resident filing requirements.

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One thing I'd add as someone who went through this exact situation - keep detailed records of your paystubs throughout the year! I wish I had done this better my first year in commission sales. When tax time comes, having all your pay stubs organized makes it much easier to verify that your W-2 is accurate and that all the withholding amounts are correct. Sometimes payroll systems can have glitches, especially with variable commission structures. Also, consider setting aside a small percentage of those big commission checks in a separate savings account. Even though you'll likely get a nice refund, it's good to have a buffer in case there are any surprises or if you want to make estimated payments next year to avoid the overwithholding cycle altogether. The peace of mind of knowing you have some tax money set aside is worth it, especially when your income swings are as dramatic as yours. Congrats on the $107k YTD - sounds like you're killing it in sales!

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Lim Wong

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This is great advice! I'm pretty new to all this commission-based income stuff and hadn't even thought about keeping detailed records of my paystubs. Quick question - when you say "set aside a percentage," what percentage would you recommend? I've been putting about 15% of each big check into savings just to be safe, but I'm wondering if that's too much or too little. Also, have you found any good apps or tools for tracking all this? I'm terrible at staying organized with paperwork but I know I need to get better at it. Thanks for the congrats too - it's been a wild ride learning this sales game but I'm starting to get the hang of it!

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I'm currently dealing with this exact issue at Fidelity and wanted to add another perspective. After reading through all these excellent responses, I tried the formal written request approach through their secure messaging system citing IRC Section 1014 and Treasury Regulation 1.1014-1, just like others suggested. What I learned is that timing your request strategically can make a difference. I sent mine right after quarter-end when their compliance teams are typically more active with account reviews. I also specifically requested written confirmation of the corrections rather than just asking them to "fix it" - this forced them to document exactly what they were doing. The key phrase that seemed to get immediate attention was: "Please provide written confirmation that all inherited securities have been adjusted to fair market value as of [date of death] in compliance with IRC Section 1014, or explain in writing why any securities cannot be corrected." This put the burden on them to either fix it or formally justify why they weren't complying with tax regulations. I got a response within 48 hours and corrections completed within 10 business days. Sometimes being very specific about what type of response you expect makes all the difference. The documentation requirement also helped me build a stronger paper trail for my tax records. Don't give up on getting Vanguard to fix this properly - you deserve accurate records, and they're legally required to provide them!

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Logan Scott

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This strategic timing approach is brilliant! I never thought about coordinating the request with quarter-end when compliance teams are more active. Your specific language requiring written confirmation rather than just asking them to "fix it" is really smart - it forces accountability and creates better documentation for your records. The phrase about asking them to either correct it OR explain in writing why they can't comply is particularly clever because it puts them in a position where they have to either do their job properly or formally admit they're not following tax regulations. That kind of binary choice probably makes it much easier for compliance teams to just fix the issue rather than try to justify inaction. Your 48-hour response time and 10-day completion is incredibly encouraging compared to the months of delays others have experienced with regular customer service channels. It really shows how much more effective it is to approach this as a compliance/regulatory issue rather than a general customer service request. Thanks for sharing the specific language and strategy - this gives me a much more targeted approach for my own situation with Vanguard!

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Zara Malik

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I'm dealing with a very similar situation at E*Trade right now with my father's inherited portfolio, and this thread has been absolutely invaluable! Like many others here, I was stuck in the endless customer service loop for months with no progress on getting the stepped-up basis corrected. After reading everyone's experiences, I'm convinced the formal written approach is the way to go. The specific regulatory language citing IRC Section 1014 and Treasury Regulation 1.1014-1 seems to be what actually gets compliance departments to take action rather than just giving you the runaround. What really gives me confidence is learning from the tax professional that using Form 8949 with Code B is a routine procedure for these brokerage reporting errors. I was so worried about potentially triggering an audit by making basis adjustments, but it sounds like the IRS has established processes specifically for these situations. I'm planning to combine the best strategies I've seen here: send a formal request through secure messaging with specific regulatory citations and a 30-day deadline, document everything thoroughly, and prepare proper backup documentation for tax filing regardless of whether they fix their records in time. Having that dual approach - push for the fix while being prepared to handle it correctly on taxes either way - takes away so much of the stress. Thanks to everyone who shared their experiences and strategies. It's reassuring to know this is a common issue with clear solutions, even if the brokerages make it unnecessarily difficult!

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Dylan Evans

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Don't forget about the "Deluxe" trap that both companies use. The basic version advertised at a low price usually won't cover homeowner deductions or self-employment income. You'll need at least the Deluxe version for mortgage interest and the Self-Employed version for your freelance work. If you really want to save money, the IRS has a Free File program where you can use name-brand tax software for free if your AGI is under about $73k. Worth checking that out before paying for either one.

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Sofia Gomez

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This!! I got tricked into upgrading last year. Started with the "free" version and ended up paying $120 by the end with all the required upgrades for my situation.

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Reina Salazar

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Based on your situation with W-2 income, freelance work, and new homeownership, I'd lean toward H&R Block for 2025. Here's why: 1. **Cost**: H&R Block's Deluxe version (which you'll need for mortgage interest) is typically $20-30 cheaper than TurboTax's equivalent. 2. **Homeowner focus**: Their mortgage interest and property tax sections are really well-designed for first-time homeowners. They walk you through points deductions, PMI, and other homeowner benefits you might not know about. 3. **Freelance handling**: For $5,800 in freelance income, both platforms handle Schedule C fine, but H&R Block won't pressure you to upgrade to their most expensive tier like TurboTax often does. Just be aware that you'll definitely need their Deluxe version (not Basic) to handle both the mortgage interest and self-employment income. Don't let them upsell you beyond Deluxe unless you have more complex investments. One tip: Both companies run early-bird discounts in January, so if you can wait a few weeks into tax season, you might save another 15-20% off the regular price.

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Something nobody mentioned yet - look into the Qualified Business Income Deduction (Section 199A). Depending on your total income and the nature of your side gig, you might qualify for up to a 20% deduction on your net self-employment income. Its a bit complicated but worth checking out! For example, if your qualified business income is $65k after expenses, you could potentially deduct another $13k! There are income phaseouts though, so check if your total income puts you over the limits.

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Luis Johnson

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The QBI deduction is often overlooked but so valuable! Just to add - the phaseout for 2025 starts around $191k for single filers and $383k for married filing jointly. And certain service businesses have different rules, so definitely look into whether your side gig qualifies. I saved over $4k last year with this deduction alone!

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Ali Anderson

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Great breakdown everyone! As someone who just went through this exact situation, I wanted to add a few practical tips that might help Brandon and others: 1. **Keep meticulous records** - I use a separate business checking account for all side gig income and expenses. Makes tracking so much easier at tax time. 2. **Business vs hobby distinction** - The IRS looks at whether you're trying to make a profit. If your side gig consistently loses money, they might classify it as a hobby, which limits your deductions. 3. **State considerations** - Don't forget some states have their own self-employment taxes or different rules for business income. Check your state's requirements too. 4. **Mid-year planning** - Since you're making good money on both sides ($130k + $65k), consider increasing your W4 withholding from your day job to help cover the extra tax burden from self-employment income. Sometimes easier than quarterly payments. The combination of self-employment tax + higher tax bracket can be a shock the first year, but with proper planning and all these deductions mentioned, it becomes much more manageable!

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Yara Khalil

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This is exactly what I needed to hear! I'm just starting out with a side business and already making some of these mistakes. The separate business checking account tip is gold - I've been mixing everything together and it's going to be a nightmare come tax time. Quick question about the business vs hobby distinction - my side gig is profitable but I'm reinvesting most of the profits back into equipment and growth. Does the IRS care about actual cash profit or just that revenue exceeds expenses on paper? I'm worried they might see my low "profit" as a red flag even though I'm genuinely building a business. Also, has anyone tried the mid-year W4 adjustment approach? I'm curious how much extra withholding would be needed to cover the self-employment tax portion.

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