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$6,541 Tax Refund Still Frozen Since March Despite Schedule H Verification, Identity Check & Sept 9 Processing Date on Transcript

Filed my 2023 return in January showing AGI of $32,347.00 and taxable income of $18,497.00. My total tax per return was $2,435.00, with W-2 withholding of $1,842.00 and I'm supposed to get credits of $7,134.00, bringing my total expected refund to $6,541.00. But I got hit with a freeze code 810 back on 03-28-2024. Had to send extra Schedule H docs in March, then did in-person verification in August. I finally got my transcript dated 10-18-2024 and it's driving me crazy. The IRS transcript clearly shows: FORM NUMBER: 1040 TAX PERIOD: Dec. 31, 2023 ACCOUNT BALANCE: -6,541.00 ACCRUED INTEREST: 0.00 AS OF: Sep. 23, 2024 ACCRUED PENALTY: 0.00 AS OF: Sep. 23, 2024 ACCOUNT BALANCE PLUS ACCRUALS (this is not a payoff amount): -6,541.00 Under "INFORMATION FROM THE RETURN OR AS ADJUSTED" it shows: EXEMPTIONS: 01 FILING STATUS: Single ADJUSTED GROSS INCOME: $32,347.00 TAXABLE INCOME: $18,497.00 TAX PER RETURN: $2,435.00 SE TAXABLE INCOME TAXPAYER: $0.00 SE TAXABLE INCOME SPOUSE: $0.00 TOTAL SELF EMPLOYMENT TAX: $0.00 My RETURN DUE DATE OR RETURN RECEIVED DATE is listed as Apr. 15, 2024, and the PROCESSING DATE shows Sep. 09, 2024. The transaction section is what's frustrating me: TRANSACTIONS CODE EXPLANATION OF TRANSACTION - CYCLE DATE - AMOUNT 150 Tax return filed - 20243405 09-09-2024 - $2,435.00 806 W-2 or 1099 withholding - 04-15-2024 - -$1,842.00 810 Refund freeze - 03-28-2024 - $0.00 766 Credit to your account - 04-15-2024 - -$7,134.00 That code 810 Refund freeze from 03-28-2024 is still sitting there stopping everything! The last processing date shown is Sep. 09, 2024 (cycle 20243405). My account transcript shows the refund amount of -$6,541.00 is still there with $0.00 in accrued interest and penalties as of Sep. 23, 2024, but I can't get my hands on it. Called after 9 weeks of waiting, and they just say it's under review. My preparer just keeps saying wait. This is a significant amount of money and I've been waiting since January! The transcript even has a Tracking Number (106768607795) at the top, but that doesn't seem to help me track anything. Anyone else dealing with this or know what to do? This IRS refund freeze is killing me financially!

Mae Bennett

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The IRS is so backed up rn its not even funny. My friend works there and says they're still processing returns from last summer 😬

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Asher Levin

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Ugh, I feel your pain! Been dealing with a similar 810 freeze since April and it's absolutely maddening. The fact that your transcript shows everything processed correctly but they're still holding onto $6,541 is just cruel. At least you got the in-person verification done - I'm still waiting for my appointment. Have you tried reaching out to your congressperson's office? I know it sounds extreme but sometimes they can light a fire under the IRS when normal channels aren't working. The taxpayer advocate service might also be worth a shot since you're going on almost a year now 😤

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Haley Stokes

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Has anybody used TurboTax to handle this kind of mixed-use property situation? I'm wondering if it can correctly track the suspended passive losses from year to year when a property changes from full rental to mixed-use...

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Asher Levin

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I tried using TurboTax last year for my vacation home that switched from rental to part-time personal use. It really struggled with the passive loss carryforward when the property use changed. I ended up having to manually override some calculations and I'm still not 100% sure I did it right. Might be worth paying for a pro if your situation is complicated.

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I want to add another important consideration that hasn't been mentioned yet - the short-term rental classification could actually work in your favor for future years. Since you mentioned most rentals will be weekend getaways averaging less than 7 days, this income would be classified as non-passive under IRC Section 469(c)(7) if you provide substantial services. If you're actively managing the property (cleaning, maintenance, guest services, etc.) and the average rental period is 7 days or less, the rental income becomes ordinary business income rather than passive rental income. This means you could potentially use those suspended passive losses from last year against OTHER passive income sources, while treating your current short-term rental as active business income. However, this creates a mixed situation where your prior losses remain passive (from when it was traditional rental) while current income is active - so they still can't offset each other. But it might open up better deduction opportunities for current year expenses and depreciation since you'd be treated as actively engaged in the rental business. Worth discussing with a tax professional who understands both passive activity rules AND short-term rental classifications!

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Amara Eze

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This is really helpful information about the short-term rental classification! I hadn't considered that the averaging less than 7 days could change how the current income is treated. So if I understand correctly, my suspended passive losses from when it was a full rental property last year would still be "stuck" as passive losses, but any income I generate this year from short-term rentals (if I'm providing substantial services) would be treated as active business income rather than passive rental income? That seems like it could actually complicate things further since I'd have two different types of income/loss buckets that can't offset each other. Would the substantial services test be pretty easy to meet if I'm doing all the cleaning, guest communication, and property management myself?

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Anyone know if the tax treatment is different for federal vs state settlements? I got both from my case.

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Ayla Kumar

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Generally the IRS and states follow the same rules for settlements, but there can be exceptions. In California, for example, emotional distress damages can sometimes be treated differently than federal. Check your specific state tax rules.

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Thanks for the info. I'm in Michigan so I'll check our state-specific rules. Sounds like I should be treating them the same on both returns unless I find something specific saying otherwise.

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Omar Hassan

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I went through this exact situation about two years ago with a $85k wrongful termination settlement. Here's what I learned the hard way: First, don't wait for your former employer to send tax forms - they might not, or they might send them late. My employer didn't send anything until I contacted them in February asking about it. The key thing is getting a clear breakdown of what each portion represents. My settlement had: - $45k for lost wages (taxed as regular income, got a W-2) - $25k for emotional distress (taxable as ordinary income since no physical injury) - $15k for punitive damages (also taxable as ordinary income) One thing that really helped me was keeping detailed records of everything - all the paperwork, correspondence, medical bills if you had any stress-related health issues. Even if those don't qualify as "physical injuries" for tax-free treatment, having documentation helps if questions come up later. Also, don't forget about estimated taxes! If your settlement is large enough, you might need to make quarterly payments to avoid penalties. I got hit with an underpayment penalty because I didn't realize this. My biggest recommendation is to set aside about 30-35% of the taxable portions right away for taxes. Better to have too much saved than to scramble come tax time.

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This is really helpful, thank you for sharing your experience! The estimated taxes part is something I hadn't even thought about. When you say 30-35%, is that on the entire settlement amount or just the taxable portions? And did you end up having to pay quarterly or were you able to handle it all at year-end filing? I'm also curious about the timeline - how long did it take from when you received the settlement to when you got all the tax forms sorted out? My settlement just came through last month and I'm trying to plan ahead.

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Has anyone used TurboTax for this situation? I'm having the exact same problem but TurboTax doesn't seem to have anywhere to enter the different mortgages for different parts of the year...

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I use H&R Block software and it handles this situation pretty well. There's a section where you can enter multiple mortgages and the dates for each property. It does all the calculations automatically. Maybe check if TurboTax has a similar feature? Sometimes it's hidden in the itemized deductions section.

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I went through this exact scenario two years ago and found that the key is understanding that Pub 936's "average balance" calculation needs to be done month-by-month, not as simple annual averages. Here's what I learned from my CPA: For January-March, only your condo mortgage counts ($170k declining to ~$168k). For April-July, BOTH mortgages count toward your qualified loan limit since you owned both properties simultaneously. For August-December, only your house mortgage counts. The tricky part with MFS is that $550k limit. During your overlap months (April-July), your combined mortgage balances were probably around $1.55M, which far exceeds your limit. This means for those months, you can only deduct interest proportional to $550k/$1.55M ā‰ˆ 35.5% of the interest paid. My suggestion: Calculate your monthly qualified loan balances first, then determine what percentage of your total $42,300 in interest ($2,800 + $39,500) is actually deductible. You'll likely end up deducting around $18k-20k rather than the full amount. I'd also recommend attaching a clear explanation of your calculation to avoid any IRS questions later. This is a legitimate but complex situation that benefits from documentation.

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This is really helpful! I'm new to dealing with mortgage interest deductions and this situation seems so complex. Just to make sure I understand - when you say "month-by-month" calculation, do you literally need to track the mortgage balance on the first of each month, or can you use the average balance for each month like the IRS publication suggests? Also, when you attached your explanation to avoid IRS questions, was it just a simple written statement or did you include detailed spreadsheets with all the monthly calculations?

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Aaron Boston

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Just to add another point - remember that for EITC, your daughter needs to have lived with you for more than half the year. Time away at college counts as temporary absence so that's fine in your case. But also double-check if your income falls within the EITC limits since they change every year.

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This is super important! The income limits for EITC with one qualifying child for 2024 (filing in 2025) are around $46,560 if filing as head of household. If you make more than that, you won't qualify regardless of your daughter's status.

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Nina Chan

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One thing to keep in mind is that even though your daughter can file her own return for her bookstore income, she likely won't owe any federal taxes since she only made $2,800 (well below the standard deduction). However, she should still file if taxes were withheld from her paychecks - she'll probably get a full refund of any federal taxes that were taken out. Also, since you mentioned you're a single mom, make sure you're filing as Head of Household rather than Single - this gives you a higher standard deduction and potentially more favorable tax brackets. You qualify for Head of Household status since you're unmarried and have a qualifying dependent living with you for more than half the year.

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