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I've been wrestling with this same issue for months and finally found a workable solution. The key insight is that the IRS seems to focus on whether you've maintained the custodial relationship, not necessarily who physically holds the keys. I ended up structuring mine through an SDIRA LLC where the custodian maintains administrative control and oversight rights, even though the LLC (which I manage as a fiduciary) holds the private keys. The critical documentation includes: 1. Custodial agreement that explicitly acknowledges the digital asset custody arrangement 2. LLC operating agreement with specific provisions about key management and custodial oversight 3. Regular reporting requirements to the custodian about asset holdings and transactions What differentiates this from McNulty is that the custodian retains legal authority over the assets and I'm acting as a fiduciary manager of the LLC, not taking personal possession. I also maintain detailed records showing all transactions require proper IRA procedures. The gray area is still concerning, but having proper documentation and maintaining the custodial relationship seems to be the safest approach until we get clearer IRS guidance. My attorney reviewed everything and feels confident it distinguishes from the McNulty fact pattern.
This is exactly the kind of detailed structure I've been looking for! Your approach with the LLC fiduciary role seems much more defensible than just holding keys personally. A couple of follow-up questions if you don't mind - did your custodian require any specific language in the operating agreement about their oversight rights? And how frequently do you report to them about transactions? I'm trying to figure out what level of involvement keeps them sufficiently "in the loop" to maintain that custodial relationship you mentioned. Also, did you run into any issues with the LLC bank account setup, or do most banks understand this kind of IRA-owned LLC structure now?
Yes, the custodian did require specific language! They insisted on clauses that explicitly grant them "inspection rights" over all LLC records and transactions, plus the ability to request immediate reporting on any asset movements. We report quarterly unless there's significant trading activity, then it's monthly. For the bank account setup, it was actually smoother than expected. We used a local credit union that had experience with business accounts for investment LLCs. The key was having all the documentation ready upfront - the IRS determination letter, LLC articles showing the IRA as sole member, and a resolution from the custodian authorizing the account opening. One thing I'd add is that we also included a "custodial veto" provision where the custodian can block transactions they deem inappropriate for the IRA. This added layer of oversight helps demonstrate that we haven't completely removed them from asset control, which seems important for distinguishing from the McNulty situation.
This is such a helpful discussion - I've been paralyzed by this exact issue for over a year! The multi-sig approach and LLC fiduciary structure both sound promising, but I'm curious about the practical costs involved. Has anyone calculated the total annual fees for these setups? Between specialized custodians, legal documentation, compliance reporting, and LLC maintenance, I'm wondering if the costs might outweigh the benefits compared to just using a traditional crypto-friendly custodian that holds the keys themselves. Also, for those who've implemented these solutions - have you had any actual interactions with the IRS yet, or is this all still theoretical? I'd love to hear if anyone has been through an audit or examination where these structures were actually tested. The peace of mind from controlling my own keys is important, but so is not getting hit with massive penalties down the road. Trying to weigh the risks versus the costs and complexity of these workarounds.
Great question about the costs! I've been running my SDIRA LLC setup for about 18 months now and can share some real numbers. Annual custodial fees run about $800-1200 for crypto-specialized custodians, LLC maintenance (registered agent, state fees) is around $300-500, and I spent about $2500 upfront on legal documentation. The ongoing compliance work takes maybe 4-6 hours per quarter for reporting and record-keeping. So total annual cost is roughly $1500-2000 plus your time. Compare that to some traditional crypto custodians charging 1-2% annually on assets, and the LLC route can actually be cheaper if you have substantial holdings. As for IRS interactions - no audit yet (knock on wood), but I did have to provide documentation during a routine correspondence review last year. The IRS accepted my explanation and supporting documents without further questions. Having that detailed paper trail really paid off. The key was being able to show the custodial relationship remained intact despite the key management arrangement. That said, everyone's risk tolerance is different. If the complexity and upfront costs are concerning, some of the newer institutional crypto custodians offer pretty good security while handling all the compliance headaches for you.
Has anyone tried calling the IRS Taxpayer Advocate Service for this issue? Would this qualify as a hardship case if you need the refund for medical expenses? I've heard they can sometimes expedite amendments in certain situations, but I'm not sure if this would qualify?
I actually contacted the Taxpayer Advocate Service (TAS) for a similar EV credit amendment situation last year. They can potentially help if you meet their criteria for "significant hardship" - which includes situations where you're facing immediate threats to your health or safety, or if IRS actions/inactions are causing economic harm. For medical expenses, you'd need to demonstrate that the delayed refund is preventing you from getting necessary medical care. TAS generally requires that you've already tried normal IRS channels first and waited the expected processing time (which is currently 16-20 weeks for amendments). You can submit Form 911 (Request for Taxpayer Advocate Service Assistance) or call 1-877-777-4778. Even if they can't expedite your specific case, they might be able to provide better status updates than the standard "Where's My Amended Return" tool. Worth a shot if you're dealing with genuine medical hardship!
This is really helpful info about TAS! I didn't know they had specific criteria for medical hardship situations. Quick question - when you say "tried normal IRS channels first," does that include just filing the amendment and waiting, or do you need to have actually called the IRS customer service line multiple times? I'm in a similar spot with medical bills piling up and wondering if I should start documenting my attempts to get status updates before reaching out to TAS.
Random question - does anyone know if the requirements to EARN the bonus matter for tax purposes? Like if I had to set up direct deposit and make 10 debit transactions to get my bonus, does that change how it's taxed compared to just getting free money?
Great question! The requirements to earn the bonus don't change how it's taxed. Whether you had to set up direct deposit, make transactions, maintain a minimum balance, or jump through other hoops - the bonus is still treated as taxable interest income. The IRS views these bonuses as compensation for establishing a new banking relationship, which is considered interest income regardless of the specific requirements you had to meet.
I'm dealing with a similar situation right now! I received a $300 bonus from Citibank last year but never got any tax forms from them. When I called, they told me the same thing about it being "under the reporting threshold" which doesn't make sense for a bonus that large. Based on what everyone's saying here, it sounds like I need to report it as interest income on my return regardless. Has anyone had experience with Citi specifically? Do they typically send 1099-INTs for account bonuses, or are they another bank that's inconsistent with reporting? I'm keeping detailed records of all my bank bonuses going forward since it seems like the banks themselves don't always understand their own reporting requirements!
This gives me hope! I'm in the exact same situation with Chime. Filed on February 14, got my DDD for February 28th, and I've been checking my account literally every hour. I know the IRS says they send the money on the DDD, but I've heard Chime usually deposits 2-5 days early. My transcript shows code 846 with the 2/28 date - does that guarantee the money is coming? This is my first time using a tax service other than TurboTax and I'm nervous about everything going smoothly.
Yes! The 846 code with a date means the IRS has officially released your refund for that date - that's the best confirmation you can get! With Chime, you should definitely see it before the 28th, possibly as early as tomorrow. I had the exact same anxiety my first year switching from TurboTax to a different service, but FreeTaxUSA and similar platforms work just as reliably. The main difference with Chime is they don't hold your money for processing days like traditional banks do. Once they receive the ACH transfer from the IRS, it hits your account immediately. Keep checking - you're likely going to wake up to a nice surprise in your account soon! π€
Landon Flounder
Pro tip: Check your tax transcript online instead of just the Where's My Refund tool. The transcript will often show updates and activity on your account before the refund tracker does. Look for transaction codes - code 570 means a hold, 571 means the hold was released, and 846 is the magic code that means your refund has been issued. The transcript also shows the exact refund amount and date.
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Salim Nasir
β’Thanks for the tip! I just checked my transcript and see a 570 code from last week. Does that mean I'm still under review even though I verified my identity? This is helpful info.
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Landon Flounder
β’Yes, the 570 code indicates there's still a hold on your return, even after identity verification. This is actually common - verification is often just the first step in releasing your return for processing. Many returns go through additional review steps after verification. Keep checking your transcript every few days. What you want to see next is a 571 code (hold released) followed eventually by an 846 code with your refund amount and date. Once you see the 846 code, that's definitive confirmation your refund has been scheduled.
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Mason Kaczka
I went through the exact same situation last year - filed in February, got stuck in identity verification hell, and didn't see my refund until late April. The frustrating part is that the IRS gives you these vague timeframes that don't really help with planning. One thing I learned is that identity verification is actually just the beginning of their review process, not the end. After you verify your identity, your return can still get flagged for additional reviews based on credits you claimed, income discrepancies, or just random selection. The Where's My Refund tool is pretty useless during this phase - it'll just say "processing" forever. My advice: check your tax transcript online (you can access it through the IRS website) because it shows way more detail about what's actually happening with your return. Look for transaction codes that tell the real story. And honestly, try to mentally prepare for it taking closer to 6-8 weeks total from when you first verified your identity. The 2-3 week estimate seems to be wishful thinking on the IRS's part. Hang in there - you will eventually get your $3,400, it's just a matter of patience at this point.
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