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Ask the community...

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StarSeeker

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One thing nobody's mentioned yet - if you do qualify for trader tax status, consider making the mark-to-market election on your taxes. This lets you deduct net losses against ordinary income without the $3,000 capital loss limitation. But be careful! The mark-to-market election is irrevocable without IRS permission. And you have to make it by the tax filing deadline of the previous year (so for 2025, you'd need to elect by April 15, 2025). Many crypto traders miss this deadline and lose the opportunity. Also worth noting: wash sale rules don't apply with mark-to-market, which is huge for crypto traders who frequently trade the same coins.

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Does the mark-to-market election affect how your gains are taxed? I'm currently paying short-term capital gains rates on my crypto trades (basically ordinary income), but would that change with MTM?

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StarSeeker

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With mark-to-market accounting, your gains and losses will still be treated as ordinary income, similar to short-term capital gains, so your tax rate itself wouldn't change from what you're currently paying. The big advantage comes on the loss side, where you can deduct all trading losses against other income without being limited to the $3,000 capital loss cap. Another significant benefit is avoiding the headache of tracking specific identification of lots for each transaction, which can be extremely complicated with frequent crypto trading.

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Zara Ahmed

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I tried claiming trader tax status for my crypto trading in 2023 (was doing 50+ trades daily) and got audited. The IRS initially rejected my TTS claim, but I appealed with documentation showing: 1. My trading schedule (8+ hours daily) 2. Analysis software I purchased 3. Separate business accounts for trading 4. Trading journal with strategies They eventually accepted my TTS claim! Key points from my experience: - Documentation is EVERYTHING - They scrutinized my holding periods (anything held >30 days counted against me) - Having a formal business structure helped (I had an LLC) - They wanted to see I was trying to profit from short-term market movements, not just buying dips Hope this helps someone! The tax savings were substantial, but be prepared to defend your position.

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This is super helpful! Did you use a tax attorney during the audit or handle it yourself? I'm worried about the cost of defending a TTS claim if I get audited.

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I handled most of it myself initially, but when the IRS pushed back hard on my TTS claim, I hired a tax attorney who specializes in trader tax issues. Cost me about $3,500 total, but considering I saved over $8,000 in taxes that year, it was absolutely worth it. The attorney was crucial for the appeal - they knew exactly what documentation the IRS needed to see and how to present my case. They also helped me understand that having some longer-term holdings wasn't automatically disqualifying as long as the majority of my activity was clearly short-term trading. My advice: if you're claiming TTS and making significant money from trading, budget for potential audit defense costs. The peace of mind is worth it, and a good tax attorney can often negotiate a better outcome than you could on your own.

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I successfully tracked my paper return by using a combination of methods. After mailing my return on February 20th, I: 1. Verified delivery with certified mail tracking 2. Created an online account at IRS.gov to access my transcripts 3. Checked transcripts weekly rather than relying on WMR 4. Called the IRS at the 8-week mark (used option 2, then 1, then 3 in their phone menu) The agent confirmed receipt but said it was in the processing queue. Two weeks later, my transcript updated with a direct deposit date, and the money arrived exactly as scheduled. Total time: 10 weeks and 3 days from mailing to refund. Patience is definitely required with paper returns!

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I'm in almost the exact same situation! Paper filed on March 3rd and still waiting. The uncertainty is the worst part - I keep checking WMR obsessively even though I know it won't update for weeks. Based on what everyone's sharing here, it sounds like 8-12 weeks is realistic for paper returns right now. I'm trying to plan around that timeline for my own financial obligations. One thing I learned from this thread is definitely checking transcripts instead of just relying on WMR. Going to set up my ID.me account this weekend so I can monitor things more effectively. Thanks for starting this discussion - it's reassuring to know we're all in the same boat!

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Has anyone else noticed a huge increase in these fake tax documents this year? I've seen like 5 posts about this in various groups I'm in. Seems like there was a data breach somewhere feeding all this identity theft.

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Yes! My sister and two coworkers all got fake 1099s this year. Different companies listed on each one but same general distribution amount (like $8-10k range). I wonder if it's all from the same data breach.

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That's really interesting about the similar amount ranges. Makes me think it could definitely be the same scam operation. Did your sister or coworkers all live in the same region or have any common employers in their history? I'm trying to figure out where these scammers might be getting their information from.

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This is really concerning, and you're right to be worried about identity theft. A few things to check immediately: 1. Verify the EIN (Employer Identification Number) on the form by searching the IRS EIN database or calling them directly 2. Check if "Meridian Benefits Solutions" is a real company through independent research (not contact info on the form itself) 3. Look at the technical details - legitimate 1099-Rs have specific formatting, fonts, and security features that fakes often miss Since you mentioned working three jobs, double-check if any of them had retirement benefits that might have been automatically cashed out when you left. Sometimes small 401(k) balances get distributed automatically. If it's definitely fake, file Form 14039 (Identity Theft Affidavit) with the IRS and report it to the FTC at IdentityTheft.gov. Also consider freezing your credit reports with all three bureaus as a precaution. Don't ignore this on your tax return - the IRS will have received a copy and will expect it to be addressed. If fraudulent, you'll need to attach documentation explaining why you're not reporting the income. Better to be proactive than wait for an IRS notice about the discrepancy.

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This is excellent comprehensive advice! I'd also add that when you're researching "Meridian Benefits Solutions," try searching for any recent news about data breaches or scams involving that company name. Sometimes these fake forms use names that are similar to legitimate companies to make them seem more credible. Also, when you file Form 14039, make sure to keep copies of everything and note down any reference numbers they give you. The IRS identity theft process can take a while to resolve, so having good documentation will help if you need to follow up later. One more tip - if you do find out this is fraudulent, consider asking the IRS to issue you an Identity Protection PIN (IP PIN) for future tax filings. It's an extra layer of security that can help prevent someone from filing a fraudulent return using your SSN.

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Just a warning from personal experience - make sure your dad doesn't give any individual gifts over the annual exclusion amount without filing the proper form (Form 709). My parent did this thinking "the IRS won't notice" and it caused a HUGE headache years later during estate settlement. The IRS absolutely does track these things and the penalties add up fast. The annual exclusion is per recipient, so he can give each family member the max amount ($17,000 for 2024), but anything over that needs proper reporting even if no tax is owed.

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Isn't there also a special provision for education expenses or medical bills? I think I remember reading that you can exceed the annual limit if you're paying those directly to the institution rather than giving cash to the person. Anyone know if that's correct?

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Yes, you're absolutely right about the education and medical expense exemptions! These are called "qualifying transfers" and they're in addition to the annual exclusion amount. Your dad can pay unlimited amounts directly to educational institutions for tuition (not room and board) or directly to medical providers for medical expenses without it counting against the annual gift limits. The key is that the payments must go directly to the institution or provider - not to the person who would then pay the bills. So if your kids have college expenses coming up, your dad could potentially pay their tuition directly to the school AND still give each family member the full annual exclusion amount. This is a really powerful estate planning tool that many people don't know about.

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Liam McGuire

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One thing to keep in mind is timing - if your dad is planning to give gifts in the next couple months, make sure he completes all transfers before December 31st if he wants to use the 2025 annual exclusion amounts. The annual exclusion is based on the calendar year when the gift is completed, not when it's promised or planned. Also, since he mentioned this is part of his estate planning strategy, encourage him to keep detailed records of all gifts even though no forms are required for amounts under the annual exclusion. This includes dates, amounts, recipients, and method of transfer (check numbers, wire transfer confirmations, etc.). These records will be invaluable for his estate planning and could save your family headaches down the road if the IRS ever has questions. If he's consistently doing annual gifts as part of a larger estate plan, it might also be worth having him document his gifting strategy in writing so there's a clear paper trail of his intent. This can help demonstrate to the IRS that the gifts are legitimate and part of a thoughtful estate planning approach rather than any attempt at tax evasion.

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This is really helpful advice about the timing and documentation! I hadn't thought about the December 31st deadline being so important. My dad tends to be a bit disorganized with paperwork, so I'm definitely going to stress to him how important those records will be. Quick question - when you mention documenting his "gifting strategy in writing," does that need to be anything formal or legal? Or would something like a simple letter explaining his intentions be sufficient for IRS purposes? I want to make sure we're covering all our bases since this sounds like it could save us major headaches later.

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Omar Fawaz

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Here's exactly what happens with hardship requests and how to interpret your transcript: 1. When a hardship (Form 911) is approved, the IRS flags your account with a Hardship CNC (Currently Not Collectible) status 2. This prevents automatic offsets that would normally appear as TC 898 codes 3. Your transcript will NOT show a specific "hardship approved" code - the absence of offset codes is your indicator 4. The system processes your refund normally, shown by TC 846 when issued 5. Hardship status typically lasts 6-24 months depending on your financial situation 6. The underlying debt remains but collection is paused Based on your description, your hardship was likely approved, which is why no offset codes appear.

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Diego Vargas

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Just to clarify - hardship status (CNC) typically expires on January 15, 2025 if approved now, or when your financial situation improves. The IRS will send Notice CP503 when they resume collection. The debt will continue to accrue interest at 7% annually even during the hardship period.

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This hardship process is like hitting a pause button on a video game, isn't it? The game isn't over, but you get a breather. I'm curious - does anyone know if accepting the hardship extension affects your future ability to request payment plans or settlements with the IRS?

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Your situation sounds very promising! The absence of offset codes like TC 898 or TC 826 on your updated transcript is actually a really good sign, especially since you mentioned filing a hardship form. The IRS is pretty consistent about showing these codes when they plan to take your refund - if they're not there by now, they're likely not coming. I went through a similar scare two years ago and kept obsessively checking my transcript daily, but no codes ever appeared and I got my full refund. The hardship process really does work when you have legitimate financial difficulties. Keep monitoring your transcript and Where's My Refund, but honestly, I think you're in the clear!

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That's really reassuring to hear from someone who went through the same thing! I've been checking my transcript obsessively too - probably way more than I should be. It's such a relief to know that the absence of those codes is actually a good indicator. Did you have to provide a lot of documentation for your hardship approval, or was the process pretty straightforward? I'm still a bit nervous about celebrating too early, but your experience gives me hope that the system actually works sometimes.

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