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Just wanna say that the accountant should pay for this mess if they screwed up! If they submitted incorrect forms or calculations, they should at least help fix it for free or compensate for any penalties. Accountants carry professional liability insurance for exactly this reason. Don't let them off the hook if they made a serious error that's costing your parents $135k!
Totally agree! But also maybe check if the parents gave the accountant all the correct info in the first place? Sometimes it's not entirely the accountant's fault if they were working with incomplete information.
As a different perspective, gift tax and life estates are extremely complicated areas of tax law. Many general accountants don't specialize in this area. While the accountant should definitely help fix the issue, they might not have the expertise needed. This is why tax attorneys who specifically deal with estate planning are often better for these complex gift situations.
This is a really complex situation, and I feel for your parents dealing with such a massive assessment. Based on what you've described, there are definitely red flags with how this was handled. The single 709 form issue you mentioned is huge - when couples elect gift splitting for life estate transfers, each spouse absolutely needs to file their own Form 709 with proper consent elections. This isn't optional. A few immediate steps I'd recommend: 1) Don't wait to respond - CP105 notices typically have 30-day deadlines 2) Get the exact language from the notice about what the IRS thinks was miscalculated 3) Gather all documentation about the original property purchase, current appraisal, and the life estate deed 4) Find out what actuarial factors and interest rates were used in the original calculation Life estate valuations are incredibly technical and use specific IRS tables that change regularly. The $220k increase in property value isn't necessarily the taxable gift amount - it depends on your parents' ages, current interest rates, and whether they properly retained life estate rights. Given the amount involved, I'd strongly suggest getting a second opinion from an estate planning attorney who specializes in gift tax, not just another accountant. This is way too much money to leave to chance, and the original accountant clearly made some serious errors.
This is incredibly helpful advice! I'm actually dealing with something similar right now - my grandmother transferred property to us through a life estate deed last year, and I'm worried our tax preparer might have made similar mistakes. Quick question - when you mention the actuarial factors and interest rates, are those the Section 7520 rates that the IRS publishes monthly? And do you know if there's a grace period if the accountant used the wrong month's rates when calculating the remainder interest value? Also, totally agree about getting an estate planning attorney. Regular accountants just don't have the specialized knowledge for these complex gift tax situations. The stakes are way too high to mess around with general tax preparers when dealing with life estates and large property transfers.
Be careful about state taxes too! The federal capital gains rates get all the attention, but most states also tax capital gains as regular income. I got hit with a surprise state tax bill last year after focusing only on federal.
Not all states though! I moved from California to Washington before selling my stocks and saved thousands in state taxes since Washington doesn't have income tax. Something to consider for anyone planning big sales.
Good point! Tax planning around state residency can make a huge difference. Just be careful about establishing proper residency before making big sales - states like California are notorious for challenging former residents' moves if they suspect you're just trying to avoid taxes. For anyone who can't change states, remember that some states do offer their own deductions or exclusions for certain types of capital gains. Worth checking your specific state's rules or talking to a tax professional if you're looking at a significant tax bill.
The good news is that $8,200 in profits isn't a huge amount, so even if you owe taxes, it shouldn't be overwhelming. If these were long-term gains (stocks held over a year), you might qualify for the 0% capital gains rate if your total income is under $47,025 for single filers or $94,050 for married filing jointly in 2024. One thing that hasn't been mentioned yet - make sure you're accounting for any trading fees or commissions you paid when buying and selling. These can be added to your cost basis or subtracted from your proceeds, which reduces your taxable gain. Every little bit helps! Also, if you have any losing positions still in your portfolio, you might consider tax-loss harvesting before the end of the year. You can use capital losses to offset your gains dollar-for-dollar, and if you have more losses than gains, you can deduct up to $3,000 against your ordinary income.
bruh the IRS is so behind these days... still processing 2021 returns and now messing up 2022 smh
I feel your pain! I've been dealing with a similar 810 freeze since February and it's absolutely maddening. The "RETURN NOT PRESENT" message while knowing you filed is the worst part - makes you question everything. Have you tried requesting a wage and income transcript to see if your W-2/1099 info is showing up correctly in their system? Sometimes the freeze happens when there's a mismatch between what you reported and what employers submitted to the IRS. Also, if you haven't already, try calling the main IRS line (1-800-829-1040) early in the morning around 7am when they open - I've had better luck getting through then. Ask specifically about the 810 freeze and if there's any additional documentation they need from you. Sometimes they can at least tell you what triggered it even if they can't remove it immediately. Hang in there - I know it's frustrating but these do eventually get resolved! š¤
Thanks for the advice! I haven't tried pulling the wage and income transcript yet - that's a really good point about checking for mismatches. Did you find any discrepancies when you pulled yours? The early morning call tip is gold too, I've been trying to call during lunch breaks and obviously that's peak time. Will definitely try the 7am approach this week. Did they give you any insight into what specifically triggered your 810 freeze when you called? This waiting game is brutal but good to know others are getting through it eventually! š
The 810 freeze code from March is likely because the IRS flagged your return for review before you even filed in April - this can happen when they're cross-referencing data or if there are discrepancies they want to verify. Don't panic about the future dates either, the IRS system sometimes uses projected processing cycles. Your multiple 766 credits from April 16th look substantial, so once that freeze lifts you should see a nice refund. The 960 code for appointed representative is concerning though - if you didn't authorize anyone, you might want to call the IRS to verify no one has fraudulently gained access to your account. That could actually be related to why you have the 810 freeze in the first place. I'd suggest checking your online IRS account to see if there are any letters or notices waiting for you that might explain the review. Sometimes they just need you to verify your identity or provide additional documentation.
Nick Kravitz
Protip: Stop checking WMR its garbage. Transcripts are the source of truth for everything tax related
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Ella rollingthunder87
Just wanted to chime in as someone who went through this exact same thing last year! The 846 code is definitely what you want to see - that's the IRS saying "we're sending your money." WMR is notorious for being slow to update and honestly kind of unreliable. I've seen people get their refunds while WMR still showed "accepted" for days afterward. Trust your transcript over WMR every time!
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Olivia Harris
ā¢This is so reassuring to hear from someone who's been through it! I was definitely starting to second-guess myself seeing the transcript vs WMR mismatch. Thanks for sharing your experience - it really helps us newbies understand how this all works š
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