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How do I resolve a penalty interest abatement issue with the IRS?

I'm in a frustrating situation with the IRS over a penalty interest abatement. Back in 2021, the IRS hit me with a penalty for something that was actually their mistake. I requested a penalty interest abatement in November 2021, but since interest was piling up, I went ahead and paid the full penalty amount at that time. In January 2022, I received a letter from the IRS stating they approved my penalty interest abatement and that $982.34 in penalty interest was waived. They also issued me a 1099-INT for this same amount ($982.34), which means I have to report it as income and pay regular income tax on it for tax year 2021. Here's the problem - I never actually received the abatement money! No check came in the mail, and nothing was deposited into my bank account. So now I'm essentially paying the original penalty + interest + tax on interest I never received. What options do I have? For context, this all started with my 2017 tax return where I owed $6,315.00. I paid on time, but the IRS somehow didn't process my payment and returned my check to me in 2017. I deposited it back into my account. Then in 2021, they came after me for the original taxes owed of $6,315.00 plus penalties and interest totaling approximately $1,110. I paid the entire amount ($7,425.89) in November 2021 and requested the penalty abatement. The abatement for $982.34 was approved in January 2022, but as I mentioned, I never got that money back while still receiving a 1099-INT for it. What should I do now?

Don't forget you need to keep track of the interest you're paying tax on! If you never receive the money, you can file a claim for credit or refund using Form 1040-X for the year you reported the phantom interest income. But you only have 3 years from the date you filed the original return to file for a refund.

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Is that right? I thought you couldn't file an amended return just because you made a mistake or reported something correctly based on the documents you had at the time. The 1099-INT was technically correct from the IRS perspective.

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CosmicCruiser

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You're absolutely right to question this. You can't amend just because you don't like reporting the income - the 1099-INT was correctly issued. However, if Mohamed never receives the actual refund after exhausting all options with the IRS, there might be grounds for an amended return based on the principle that you shouldn't pay tax on income you never actually received. But this would be a complex situation that might require professional tax advice. The better approach is definitely to get the IRS to release the stuck refund first using the methods others have suggested.

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I've dealt with a very similar situation and want to add a few important points that might help you navigate this faster: First, when you call the IRS, specifically ask to speak with someone in the "Refund Inquiry" department rather than general customer service. Tell them you have an approved penalty abatement but the refund wasn't issued despite receiving a 1099-INT. Use the exact phrase "missing refund from approved abatement" - this helps them understand the specific issue quickly. Second, ask them to check if your refund was offset against any other tax liabilities or if it's sitting in an "unpostable" status. Sometimes these refunds get stuck in their system due to address verification issues or other administrative flags. Most importantly, get a case number and the name of the agent you speak with. If the first person can't resolve it, ask them to escalate to their manager or transfer you to the Taxpayer Advocate Service if it's been more than 30 days since your abatement was approved. Keep detailed records of every call - date, time, agent name, and what they told you. This documentation will be crucial if you need to escalate further. The IRS has specific timeframes they're supposed to meet for processing refunds, and if they miss these, you may be entitled to additional interest. Don't give up - this is absolutely resolvable, but it often requires persistence with their phone system!

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ShadowHunter

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where did u find the cycle code? I cant find mine anywere on the transcript

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Emma Wilson

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Look at the account transcript, it's usually on the most recent transaction line

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Filed 1/19 and accepted same day with cycle code 20250405 too! Still waiting on mine as well. From what I've researched, the "05" means we're on the weekly Friday processing cycle, so our refunds should be released this Friday 2/7. Then it depends on your bank how fast they process it. Keep checking WMR (Where's My Refund) tool on IRS.gov for the most accurate updates!

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Has anyone here dealt with this situation where one of the partners is an S-Corp specifically? I'm concerned about the timing since S-Corps have different filing deadlines than partnerships.

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Amara Torres

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Yes, this can get tricky with the timing. When you amend the 1065 and issue a corrected K-1 to the S-Corp, they'll need to amend their 1120-S. If the S-Corp's tax year is different from the partnership's, it can affect which tax year of the S-Corp needs to be amended. Also remember that the statute of limitations could be an issue for tax year 2020. Generally, you have 3 years from the filing date to amend returns. For returns filed in 2021 for tax year 2020, you might be approaching that deadline.

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Sophia Russo

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One thing I'd add that hasn't been fully addressed - make sure you understand the potential for imputed underpayment assessments under BBA rules. Even though partnerships are pass-through entities, the IRS can assess and collect penalties at the partnership level for certain adjustments. When you file the 1065-X as your AAR, the IRS will review it and may propose an imputed underpayment based on the highest individual tax rate plus Net Investment Income Tax. The partnership can then make a "push out" election to have the adjustment flow through to the partners instead of being assessed at the partnership level. Given that you're dealing with an S-Corp partner, this could be particularly relevant since the ultimate shareholders might be in lower tax brackets than what the IRS would use for the imputed underpayment calculation. You'll want to consider whether to make the push-out election when filing the AAR or wait to see if the IRS proposes an assessment. Also, since you mentioned both partners agree on the correction, document that agreement well. It'll be helpful if the IRS has any questions about the adjustment during their review process.

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This is really helpful information about the imputed underpayment assessments! I had no idea the IRS could assess penalties at the partnership level even though it's a pass-through entity. That push-out election sounds like something we should definitely consider given the S-Corp structure. A couple of follow-up questions: How long do we typically have to make the push-out election after filing the AAR? And is there a specific form or procedure for documenting the partners' agreement on the correction, or would a simple written agreement between the partners be sufficient for IRS purposes? Also, when you mention the "highest individual tax rate plus NIIT," are we talking about the current rates or the rates that were in effect for 2020?

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Just a heads up on the Mach-E purchase - make sure you're tracking ALL your business mileage starting day one. I made the mistake of being casual about it when I first got my vehicle for my real estate business, and it caused me headaches at tax time. I recommend getting a mileage tracking app that automatically logs your trips. You'll need to categorize each trip as business or personal. For realtors, business mileage includes driving to showings, open houses, meeting clients, checking on properties, etc. Also, keep all documentation from the purchase - especially anything showing the vehicle's eligibility for the EV credit. The IRS has been known to question these claims.

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Thanks for this advice! Do you have a specific mileage app you'd recommend? And should I also be keeping receipts for charging costs since it's an EV?

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I use MileIQ and it's been great - it runs in the background and automatically detects when you're driving. You just swipe right for business trips and left for personal. The reports it generates are perfect for tax time. For charging costs, absolutely keep those receipts! You can deduct the business portion of your charging costs as a separate expense on your Schedule C. If you install a home charger, that might also qualify for a separate tax credit, so keep all documentation for that as well.

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One thing nobody has mentioned yet - if you're buying the vehicle in December, make sure it's actually placed in service before year-end if you want the deductions for this tax year. "Placed in service" means actually using it for business purposes, not just purchasing it. Also, take photos of your odometer when you first get the vehicle and whenever you use it for business in those first few weeks. This documentation can be super helpful if questions come up later.

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What about financing? Does it matter if the vehicle is financed vs paid in full for claiming the Section 179 deduction?

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Good question! Financing doesn't affect your ability to claim the Section 179 deduction. You can take the full deduction in the year you place the vehicle in service, even if you're making payments over several years. The key is that you're considered the owner for tax purposes once you take possession. However, keep in mind that if you finance, you'll also be able to deduct the business portion of the interest on your loan as a separate business expense. Just make sure to track what percentage of the vehicle use is for business so you can properly allocate the interest deduction. Also, with financing you'll want to keep extra good records since you'll have ongoing expenses to track year over year.

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Carmen Ortiz

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I waited until February 15th last year before filing because my PayPal 1099K came super late despite the January 31 deadline. Some companies just don't meet the deadline and there's basically no consequence for them. So frustrating!

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If you're worried about filing and then getting a form later, you could always file an extension. Gives you until October to file your actual return, though you still need to pay any taxes you estimate you owe by April 15.

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Ravi Kapoor

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Based on everything discussed here, it sounds like you're in good shape to file now without waiting. Since you made $780 through PayPal, you're well under the $5,000 threshold for 2024, so PayPal isn't required to send you a 1099-K anyway. The fact that you've already included all your PayPal income on Schedule C is exactly what you should be doing. You're legally required to report all income regardless of whether you receive tax forms for it, and it sounds like you've got detailed records which is the most important thing. I'd recommend going ahead and filing rather than waiting. If by some chance you did receive a 1099-K later (which seems unlikely given the threshold), it wouldn't create a problem since you've already reported more income than what would be on the form. The IRS is looking at your total reported income, not trying to match every individual transaction to a form. Getting your refund processed sooner is definitely a nice bonus for being organized with your record-keeping!

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