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NebulaNomad

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There's also a historical reason for these different tax treatments. The Johnson Amendment (which prohibits 501(c)(3) organizations from endorsing political candidates) was actually introduced by Lyndon B. Johnson in 1954 when he was a senator. The story goes that he was facing opposition from certain nonprofit organizations in Texas that were campaigning against him, so he introduced this amendment to silence them. This wasn't specifically targeted at churches initially, but rather at all 501(c)(3) organizations. Over time, it's become particularly contentious with religious organizations.

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That's fascinating! I had no idea the prohibition had such a political origin. Has there ever been any serious attempt to repeal the Johnson Amendment? I've heard some politicians talk about it, but nothing seems to happen.

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NebulaNomad

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There have been several attempts to repeal or modify the Johnson Amendment, most notably during the Trump administration. In 2017, President Trump signed an executive order that he claimed would reduce enforcement of the Johnson Amendment against religious organizations, but legal experts generally agreed it didn't actually change anything substantive in how the law is applied. There were also provisions in early drafts of the 2017 tax bill that would have repealed the Johnson Amendment for churches, but these were ultimately removed from the final version of the Tax Cuts and Jobs Act due to procedural rules in the Senate. The debate continues, with strong advocates on both sides - those who see it as a free speech issue and those who believe tax-exempt status shouldn't subsidize political speech.

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Luca Ferrari

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The whole system is ridiculous. Churches should be taxed like any other business. They rake in billions tax-free and then have massive political influence anyway through their members. The pastor just tells everyone "I can't explicitly endorse candidate X, but as Christians we should consider issues A, B, and C" which is basically the same thing as an endorsement.

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Nia Wilson

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Not all churches are mega-churches with huge incomes. Most religious organizations are small community churches, synagogues, mosques and temples that barely keep the lights on. Taxing them would literally shut many of them down and harm the community services they provide like food banks, homeless shelters, and counseling services.

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Emma Anderson

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Don't forget to consider whether either of you has income-based student loan payments! My husband and I discovered that filing jointly significantly increased his income-based repayment amount because they factored in my income too. We ended up filing separately even though we paid more in taxes because the student loan payment savings more than made up for it.

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This! My spouse and I actually calculated both ways - the tax savings from filing jointly versus the student loan payment increase from combining our incomes. We saved about $1,400 in taxes by filing jointly, but her income-based repayment would have gone up by $230/month, so filing separately made more sense for us.

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LunarEclipse

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I hadn't even thought about student loans! My husband is on an income-based repayment plan for his federal loans. I'll definitely need to calculate if the tax benefits of filing jointly would be offset by higher student loan payments. Thank you for bringing this up!

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One more thing to consider - if either of you has past-due child support, back taxes, or defaulted federal student loans, filing jointly could put your refund at risk of being seized. My friend learned this the hard way when their entire joint refund was taken for the spouse's defaulted loans. Just something to keep in mind if that might apply to your situation.

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Lucas Turner

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Make sure you check if you qualify for First Time Abatement for the penalties! Even though you made a mistake with reporting your COVID withdrawal, if you have a clean compliance history for the past 3 years, the IRS might remove the failure-to-pay penalties. You have to specifically request this though - they won't just offer it.

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How do I request the First Time Abatement? Do I need to file a specific form with my amended return or call them directly?

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Lucas Turner

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You can request First Time Abatement in your letter that accompanies your amended return. Specifically state that you're requesting "penalty abatement under the First Time Abatement policy" and mention that you have a history of filing and paying on time before this incident. If you've already filed your amendment without requesting it, you can also call the IRS directly or submit Form 843 (Claim for Refund and Request for Abatement). The most important thing is to use those specific words - "First Time Abatement" - as it's a formal program the IRS offers but doesn't heavily advertise.

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Kai Rivera

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I know everyone's focusing on the 401k withdrawal, but don't forget about that HSA issue! If those were qualified medical expenses for childbirth, you should NOT be taxed on that distribution. Make sure you have documentation for all those medical expenses and include that with your amended return too.

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Anna Stewart

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This! My wife and I had a baby in 2020 too and used our HSA. Make sure you have all the EOBs (explanations of benefits) from your insurance company and any receipts. The IRS is pretty strict about HSA documentation.

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Alicia Stern

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To answer your specific question: Technically yes, you CAN file before receiving your 1099 from Robinhood IF you have perfect records of all your transactions (dates, prices, fees, etc). But should you? Probably not. Here's why - if the 1099 numbers end up different from what you reported (which happens often with crypto because of wash sales or other factors), you'll need to file an amended return which is a huge pain. Just wanted to give a direct answer since others covered the details already.

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Thank you so much for the straight answer! Just to make sure I understand completely - if I file without the 1099 and I'm off by like $100 on my calculated gains, will I definitely get flagged for an audit? Or is there some margin of error the IRS is ok with?

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Alicia Stern

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The IRS doesn't have a specific "margin of error" they officially accept. Any discrepancy between what's reported on the 1099 forms and what you report on your return could potentially trigger an automated notice. It doesn't necessarily mean a full audit, but you would receive a letter asking for clarification or additional tax payment. Even small differences can cause issues because the IRS's automated matching system flags returns where the numbers don't match the forms they've received from financial institutions. This is especially true with crypto transactions where the IRS has been increasing scrutiny in recent years.

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Has anyone experienced Robinhood being late with their 1099s? Last year they said mid-February but I didn't get mine until almost March 1st!

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Drake

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Yep, happened to me too. They claimed "mid-February" but it was February 27th when I finally got mine. I ended up filing in early March and still got my refund in reasonable time. Better to file correctly than deal with amendments.

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Thanks for confirming I wasn't the only one! That makes me feel better about potentially waiting. Did your 1099 end up having any surprises compared to what you were expecting based on your own records?

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Simon White

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One thing ur brother in law should definitely check is if there's a time limit for responding!!!! My cousin ignored one of these notices thinking it was a mistake and ended up owing way more in penalties. I think they give u like 90 days or something but don't quote me on that. Also tell him to make copies of EVERYTHING he sends them and send it certified mail so they can't claim they never got it. The IRS is notorious for "losing" paperwork.

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Josef Tearle

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This is really good advice, thanks! The letter does mention a 90-day period to respond. Do you know if we need to use any specific forms when sending the documentation? Or just include a letter explaining everything with copies of the supporting documents?

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Simon White

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For a notice of deficiency, he should definitely include a written letter that references the notice number (should be in the top right corner of what they sent). No specific form is needed, but make sure he includes his social, the tax year in question, and contact info. I'd organize everything super clearly - like "Regarding item 1 on the notice, here are documents A, B, C that prove..." Makes it easier for whoever reviews it. And yeah, certified mail with return receipt is absolutely essential. My cousin learned that lesson the hard way.

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Hugo Kass

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has anyone else noticed how the IRS seems to be sending wayyy more of these deficiency notices lately? feels like they're just throwing them at the wall to see what sticks. my neighbor, my coworker and now ur brother all got them within the last few months. i wonder if they have some kinda quota to meet πŸ™„

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Nasira Ibanez

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They actually do have increased enforcement funding from the Inflation Reduction Act, so they've been ramping up enforcement activities. They're supposed to be targeting high-income taxpayers, but seems like everyone's getting caught in the net.

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