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Dont forget about getting on a payment plan if you end up having to pay! The IRS fresh start program lets you set up monthly payments and sometimes they'll even reduce penalties. My brother owed like $7k and got on a plan for like $120/month. Just make sure to respond to the notice within the timeframe they give you or it gets worse.
The Fresh Start program can be helpful, but it typically doesn't reduce the actual tax owed - just penalties in some cases. In a situation like this where the fundamental question is whether the income should be subject to self-employment tax at all, it makes sense to challenge the assessment first before setting up a payment plan.
I had a very similar situation in 2021 with an acquisition payout that got me a 1099-NEC. What really helped my case was getting a letter from the acquiring company's HR department that explicitly stated the payment was a "transaction bonus" related to the sale, not compensation for services I provided to them directly. The IRS initially wanted about $3,800 in self-employment tax from me, but after I submitted documentation showing: 1) The payment was outlined in my original employment contract as a potential acquisition bonus 2) I never performed any work directly for the acquiring company 3) The payment was made weeks after the sale closed and my employment ended 4) It was a one-time event tied to the transaction, not ongoing compensation They reversed their position and reclassified it as "other income" not subject to SE tax. The key was having clear documentation that separated this payment from regular compensation. Your "stakeholder bonus" language sounds promising - definitely get a copy of your employment agreement and any communications about how this payment was structured. Also, if you can get something in writing from either company clarifying the nature of the payment, that would be gold for your case. Don't just pay without fighting this - acquisition bonuses are frequently misclassified on 1099 forms because payroll departments aren't always sure how to handle them.
This is incredibly helpful - thank you for sharing your experience! Your situation sounds almost identical to mine. I do have my original employment contract that mentions the stakeholder bonus, and like you said, the timing is key since my payment also came after the sale closed. Did you have to hire a tax professional to help with the documentation and response, or were you able to handle it yourself? I'm trying to figure out if I should invest in professional help upfront or try to gather the documentation first and see how strong my case looks. Also, how long did the whole process take from when you submitted your response to when they reversed their position? I'm worried about penalties and interest accumulating while this gets sorted out.
I'm confused about something slightly different but related. If my ISOs were underwater when I exercised them (like yours), but then I hold them and they go up in value later, does that somehow trigger AMT retroactively? Or is AMT only based on the value at the exact time of exercise?
AMT for ISOs is only based on the value at the exact time of exercise, not any future value changes. If they were underwater when you exercised, there's no AMT issue regardless of whether they later increase in value. When you eventually sell, you'll have regular capital gains calculations based on your purchase price (basis) and the sale price. But that's completely separate from AMT considerations, which are locked in at exercise time.
You're absolutely right to be confused about this - the ISO/AMT rules are pretty complex! But the good news is that when your ISOs have a negative spread (exercise price higher than FMV), you don't need to worry about AMT at all for those specific exercises. The AMT adjustment for ISOs only applies when there's a positive "bargain element" - meaning you're getting shares worth more than what you paid. Since your shares were worth less than your exercise price when you exercised, there's no bargain element to report. You should definitely keep your Form 3921 for your records though, as you'll need it when you eventually sell the shares to calculate your capital gains/losses. Your cost basis will be whatever you actually paid (the exercise price), not the lower FMV at exercise time. So no Form 6251 needed for these underwater ISOs specifically, unless you have other AMT-triggering items in your tax situation!
This is super helpful, thank you! I was getting really stressed about potentially messing up my taxes. Just to double-check my understanding - even though I received the Form 3921 showing the negative spread, I literally don't need to do anything with it for AMT purposes this tax year? And when I do eventually sell (hopefully when the stock recovers!), I'll use the higher exercise price I actually paid as my basis, which might actually work out in my favor tax-wise if the sale price is somewhere between the old FMV and what I paid?
Has anyone noticed if having tax fees taken out of your refund affects the timing? I'm wondering if that extra step with the tax preparer's bank might cause delays compared to people who paid their filing fees upfront.
That's a really good point about the tax prep fees! When you have fees taken out of your refund, it goes through a third-party bank (usually Santa Barbara Tax Products Group or Republic Bank) first, and they deduct the fees before sending the remainder to your actual bank. This can definitely add 1-2 extra business days to the process. I learned this the hard way last year when my refund was delayed and I couldn't figure out why until my tax preparer explained the extra routing step.
I'm with Brinks too and have a 3/15 DDD - still waiting as of this morning. Based on what I'm seeing here, it sounds like Brinks is pretty reliable about hitting the exact date rather than depositing early like some other banks. @Amina Bah, thanks for confirming you got yours today with the same DDD! That gives me confidence mine should hit soon. I'm curious though - for those who've used Brinks for multiple tax seasons, have you noticed any pattern with what time of day the deposits typically show up? Some banks seem to process these overnight while others do it during business hours.
Question about the property value - has anyone considered the potential for further appreciation during the 2-year rental period? If the property is already worth $1.8M and continues to appreciate while being rented, wouldn't that affect the calculations?
That's an excellent point! Yes, if the property continues to appreciate during the rental period, the deferred gain would be larger. Let's say it appreciates another $200k over those two years to $2M. In that case, the total gain would be $1.35M ($2M minus $650k basis). They'd still get the $500k Section 121 exclusion if they qualify, leaving $850k of gain to be deferred through the 1031 exchange. They'd need to purchase a replacement property worth at least $2M (assuming that's the net sales price after selling expenses), and their basis in the new property would be $1.15M ($2M minus $850k). The other factor to consider is depreciation. During the rental period, they'll need to take depreciation on the building portion of the property (not the land), which will reduce their basis slightly and create depreciation recapture tax when they sell, which is taxed at a maximum rate of 25% regardless of the 1031 exchange.
Great discussion everyone! I'm dealing with a similar situation and wanted to add a few considerations that might be helpful. One thing I learned from my tax attorney is that the "step transaction doctrine" mentioned earlier can be tricky with family arrangements. The IRS might look at the entire sequence - converting to rental, renting to family, then selling and exchanging - as one integrated transaction rather than separate steps. To avoid this, your parents should establish clear business motivations for each step. Also, regarding the depreciation point that Carmen mentioned - this is crucial. Once your parents start renting the property, they'll be required to take depreciation deductions (even if they don't claim them, the IRS assumes they did). This creates "depreciation recapture" that must be paid even in a 1031 exchange - it can't be deferred like capital gains. For the gift situation, consider having your parents charge you market rent but then help you in other ways that are clearly separate from the rental relationship - maybe contributing to a down payment fund for your future home purchase, but do this well before or after the rental period to avoid any appearance of connection. Finally, make sure to document everything meticulously. Keep records of comparable rents in the area, maintain the property like any other rental (repairs, maintenance, etc.), and treat it as a true business relationship even though it's family.
Ava Johnson
Anyone know if Form 8396 applies when you do a cash-out refinance? I did one last year and now my tax software is asking me about it too. I'm pretty sure I never got any kind of certificate but now I'm wondering if I should have asked for one?
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Liam O'Donnell
ā¢Form 8396 only applies if you had a Mortgage Credit Certificate on your original loan. A cash-out refinance, like any refinance, can affect an existing MCC - but if you never had one to begin with, doing a cash-out refinance doesn't suddenly make you eligible. MCCs are something you specifically apply for through a state housing agency program, usually when you first purchase a home. They're not automatically offered during refinancing regardless of whether you take cash out or not.
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Ava Johnson
ā¢Ah that makes sense! No one ever mentioned anything about a certificate when I bought my house originally so I guess that's why I don't have one. Thanks for clearing that up - I'll just select "no" in the software and move on.
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CosmicCadet
I went through the exact same confusion last year after refinancing! The software suddenly asking about Form 8396 really threw me off too. Like others have mentioned, this form is specifically for people who have a Mortgage Credit Certificate (MCC) from a state or local housing program. Since you mentioned you've been filing for 4-5 years without seeing this question, it's almost certainly because the tax software is responding to you entering information about your refinance. The software is just being thorough and checking if your refinance might have affected an existing MCC. If you never received any paperwork specifically called a "Mortgage Credit Certificate" when you originally bought your home, you can confidently answer "no" to this question. These certificates are pretty uncommon and are usually only available through specific state housing finance agency programs for qualifying first-time buyers or buyers in certain areas. Don't worry - you didn't mess up anything in previous years or in your current tax prep. This is just the software doing its job by asking about potential credits that could be affected by major mortgage events like refinancing.
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