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How/who to properly reply to IRS about basis of unreported stock sale income?

I'm working for a major finance company that gives stock grants throughout the year as part of our compensation package. I sell these shares on the same day they're granted. My employer includes the value of these stock grants on my W2 as income. My brokerage firm provides me with a 1099-B showing the value of the shares and the basis for each sale. The basis is usually very close to the sales price (sometimes slightly higher, sometimes lower depending on the stock movement during the trading day). I recently discovered I completely forgot to report these stock sales on my 1040 for the 2023 tax year. Now the IRS has sent me a letter stating I have unreported income from stock sales that my broker reported to them but wasn't on my tax return. I responded with a detailed explanation, attached a copy of my 1099-B, and included a complete amended tax filing (1040X and all supporting forms generated through TurboTax). I didn't file this 1040X through any other channels - just sent it with my response letter. The IRS acknowledged they received my documentation but then sent another notice saying they're adjusting my taxes to add all the stock sale income as if the basis for all transactions was $0. They didn't address my explanation, the 1099-B documentation, or the amended return I submitted. I have about three weeks to respond to this. Do I need to hire a tax professional (attorney or accountant) to get the IRS to take my documentation seriously? Did I make a mistake by only sending the amended return with my explanation letter instead of also filing it separately through the proper IRS channels?

Make sure you point out specifically in your response that the basis amount was already included as income on your W-2. The IRS computers just see missing 1099-B transactions and automatically assume the worst (zero basis). There's a specific form you should include - Form 8949 (Sales and Other Dispositions of Capital Assets). Make sure each transaction is listed with the correct basis amount and check box "B" to indicate that basis was reported to the IRS. This form should accompany your 1040X. And yes, you definitely made a mistake by not officially filing the 1040X. The IRS has separate departments for correspondence and amended returns. The person reviewing your letter likely doesn't have authority to process an amended return that just came in with correspondence.

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Gabriel Ruiz

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So I need to separately file the 1040X through official channels while also responding to this notice? Does the 1040X need to be mailed to a different address than my response letter? And how do I make sure they connect the two?

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Yes, you need to file the 1040X separately through official channels. The amended return should go to the IRS address specified in the 1040X instructions, which varies depending on where you live. For your response to the notice, send it to the exact address listed on the notice itself. In your response letter, specifically mention that you've also filed a 1040X and include the date you mailed it. Include a copy of the 1040X with your response letter as well (even though you're also mailing the original to the proper processing center). To help connect the two, include your notice number on both documents. Also, attach a clear explanation with both submissions that references the other submission. For example, on your 1040X write "This amended return is being filed in response to IRS Notice CP2000 dated [date]" and attach a copy of the notice.

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Aria Khan

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I went through this exact nightmare last year! My company gives RSUs and the IRS completely messed up the basis calculation. The key is filing Schedule D and Form 8949 correctly - each stock sale needs to be listed with the proper basis. One thing to be super clear about - the "proceeds" from your stock sales (on the 1099-B) aren't new income if the basis equals those proceeds (since you already paid tax on the income through your W-2). The IRS computers often miss this connection. My first attempt at fixing this on my own failed miserably. I ended up hiring a CPA who specializes in tech compensation, and she wrote a detailed letter explaining exactly how each transaction tied to my W-2 income. Cost me $350 but saved thousands in incorrect tax assessments.

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Did you have to go through an official appeals process or did the explanatory letter work? I'm facing a similar issue and wondering if I should just skip straight to appealing.

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QuantumQuest

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Another thing to check - did either of you change jobs during the year when you got married? My wife and I had a similar issue and it turned out the problem was that her new employer was withholding as if she'd make that salary for the entire year, when in reality she started the higher-paying job in August. Also, double-check if you're both claiming the standard deduction. If one of you itemized deductions before getting married, the math changes quite a bit when filing jointly.

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We both kept the same jobs all year, so I don't think that's the issue. And we've always just taken the standard deduction - neither of us has enough deductions to itemize. But your comment made me realize we do have different pay structures. I get a base salary plus quarterly bonuses, and my wife gets paid hourly plus overtime. Could that be causing weird withholding calculations?

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QuantumQuest

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Yes, that could definitely contribute to the issue! Bonus payments and overtime are often withheld at a flat 22% rate for federal taxes, which might not be enough based on your combined income tax bracket. When you have variable income like bonuses and overtime, the withholding calculations can get tricky because payroll systems typically calculate each paycheck's withholding independently without considering your annual total. This is especially problematic when you file jointly, as the combined income from both regular earnings and variable compensation can push you into a higher bracket than what was used for withholding.

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Coming in late but wanted to share a quick tip that helped us after experiencing the exact same shock last year. The "married but withhold at higher single rate" option on your W-4 is your friend if both spouses work! We checked this box on both our W-4s and this year we got a small refund instead of owing thousands. Also, definitely compare your actual tax liability between this year and last year (not just the refund/amount owed). Sometimes people get confused because they're comparing refunds, when what matters is your total tax. You might actually be paying less tax overall as married filing jointly, but just had less withheld throughout the year.

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Mei Zhang

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This! The refund isn't what matters - it's the total tax you're paying. A refund just means you gave the government an interest-free loan all year.

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That's a really good point about comparing total tax liability instead of just refund/amount owed. I just checked and our combined total tax is actually about $800 less than what we paid separately last year! So I guess married filing jointly IS better for us, but our withholding was just way off. Definitely going to update both our W-4s with that "married but withhold at higher single rate" option. Thanks for the tip!

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Miguel Silva

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Something that hasn't been mentioned yet - be careful about state taxes too! When I came back from working in Germany, I had sorted out my federal FBAR issues but completely forgot about state tax obligations. Depending on which state you're in now (or were in before moving abroad), they might have their own requirements and penalties. Also, make sure you've properly reported any interest earned on those Australian accounts on your regular tax returns. Even small amounts of foreign interest need to be reported, and fixing those past returns might be part of your Streamlined Filing process.

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Oh man, I didn't even think about state taxes! I was living in California before I moved to Australia, and now I'm back in California again. Do states have their own version of FBAR requirements? This just keeps getting more complicated...

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Miguel Silva

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California doesn't have a separate FBAR form, but they do require you to report worldwide income on your state tax return. When you file amended federal returns as part of the Streamlined process, you'll need to file amended California returns too. The bigger issue with California is they're much more aggressive about imposing penalties for underpayment if you had interest or investment income from those Australian accounts that wasn't reported. Be sure to address both the federal and state aspects when you're fixing everything. This is another reason why getting professional help with the Streamlined Filing is worth it - they'll handle both levels of government for you.

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Quick question for anyone who's been through this - do I need to include my Australian retirement account (superannuation) on the FBAR? I wasn't able to touch that money while I was there, it was automatically contributed by my employer.

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Yes, you generally need to report your superannuation account on your FBAR if the total of all your foreign accounts exceeded $10,000 at any point during the year. The accessibility of the funds doesn't matter for FBAR reporting requirements - it's about financial interest in or signatory authority over foreign accounts.

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StormChaser

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Something nobody's mentioning - cash flow matters too! Even if the math works out that you're saving some money on taxes, tying up $110k in a vehicle impacts what else you could do with that money. Could be investing in other aspects of your business, having emergency funds, or even personal investments. My accountant helped me understand the concept of opportunity cost. Might be worth asking yourself "what else could I do with this money that might bring better returns than the tax savings?

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This is actually a really good point that I hadn't fully considered. I've been so focused on the "keep vs spend" part of the equation that I wasn't thinking about investment alternatives. What kind of returns should I be comparing against when making these decisions?

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StormChaser

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You should be comparing against what that money could reasonably earn if deployed elsewhere in your business or investments. For example, if investing that same $110k in new equipment or marketing could generate a 15-20% return, that's likely better than the one-time tax savings from a vehicle purchase. For many small businesses, having available capital for unexpected opportunities or challenges is also valuable. I've seen too many business owners become "cash poor" after making large purchases primarily for tax reasons, only to miss out on better opportunities later. It's about balancing immediate tax benefits against long-term business growth and flexibility.

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My tax preparaer told me "Don't let the tax tail wag the dog". Basically don't make financial decisions JUST for tax reasons but consider taxes as ONE factor in overall decisions. Makes sense to me!

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Ava Williams

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That's a good saying! My dad always told me "nobody ever went broke by paying taxes, but plenty have gone broke trying to avoid them" lol

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Zara Mirza

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I don't think anyone's mentioned this yet, but you should look into an Offer in Compromise. If your tax debt is with a private collector, you might qualify to settle for less than you owe. I managed to settle a $12k tax debt for about $4k because of my financial situation. Worth looking into before you lose multiple years of refunds.

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StarSurfer

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I hadn't even thought about that! Do you know if I can still do an Offer in Compromise once my debt has been sent to a collection agency? And did you need to hire a tax professional to help with yours or did you do it yourself?

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Zara Mirza

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Yes, you can still do an Offer in Compromise even if your debt has been sent to a collection agency. The collection agency is just working on behalf of the IRS, but all settlement decisions still go through the IRS itself. I initially tried doing it myself using the IRS forms (Form 656 and 433-A), but I made some mistakes on the financial statement. I ended up using a tax resolution firm that cost me about $1,500, but they got me a much better offer than I would have managed on my own. If your situation is fairly straightforward, you might be able to do it yourself, but having someone experienced can really help if your case is at all complicated. The key is documenting your true financial situation accurately.

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Luca Russo

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Just a heads up, if your debt was sent to a private collector, be super careful about scams. Make sure you verify it's legitimate before making any payments. I got scammed by someone pretending to be from a company collecting for the IRS. Call the IRS directly to confirm which agency has your debt before sending any money!

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Nia Harris

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This is so important! How can you tell the difference between legit collectors and scammers? I've been getting calls about tax debt but I'm scared to even talk to them.

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