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This has unfortunately happened to me before! One thing nobody mentioned - file a complaint with your state's CPA board if your accountant is a CPA. They take this stuff very seriously. I got all my money back AND my documents after filing a complaint. The board contacted him and suddenly he was very responsive! Also check if your preparer has a PTIN (Preparer Tax Identification Number). If so, you can file a complaint with the IRS using Form 14157 (Complaint: Tax Return Preparer). The IRS won't help with getting your money back, but they can take disciplinary action.
That's really helpful information! I just checked his business card and he does have a CPA license number listed. Do you remember how long the complaint process took before you got a response? I'm worried about the timing with the deadline so close.
The complaint process took about 10 days before I heard anything, but things moved quickly after that. He contacted me within 24 hours of the board reaching out to him. Since you're so close to the deadline, I'd recommend proceeding with the extension filing and document retrieval processes others suggested while simultaneously filing the complaint. It's worth mentioning that just the threat of a complaint sometimes works - send an email stating you'll be filing a complaint with the state board in 48 hours if he doesn't respond, and copy the email address of your state's CPA board. That alone worked for a friend of mine in a similar situation.
Has anyone suggested just going to his office in person? Sometimes the direct approach works best. I had a similar situation and turns out my accountant had been hospitalized (I felt terrible). His office staff was completely overwhelmed and dropping the ball on client communications.
Has anyone actually received a penalty for filing incorrect 1099s? I'm in a similar situation but wondering if it's even worth the hassle to amend them. Mine were only off by about $200 each for three contractors.
Yes! Don't ignore it! I didn't correct some 1099s two years ago (was off by around $500 total) and got hit with a $270 penalty ($50 per form) for "intentional disregard" of filing requirements. Plus one of my contractors got a notice from the IRS because what I reported didn't match his return. Huge headache that could have been avoided.
One thing nobody mentioned - if you're amending 1099s because you OVERPAID (reported higher amounts than actually paid), make sure your contractors know ASAP. If they already filed their taxes reporting the higher amount, they'll need to file an amended return too. Otherwise they'll end up paying taxes on money they never received!
This happened to me as a contractor! My client issued a corrected 1099 reducing my income by $3k but didn't tell me. I had already filed and paid taxes on the higher amount. Found out months later and had to file an amended return to get my money back. Would have been nice to know immediately!
This is actually exactly what happened - I included some expense reimbursements in their 1099 totals that shouldn't have been counted as income. I'll definitely let them know right away so they don't overpay on their taxes. I really appreciate everyone's advice here. I'm going to start with the corrected forms and make sure I check the "CORRECTED" box, then send copies to my contractors with an explanation. I'll also look into the resources suggested to make sure I get the state filing requirements right too.
This happens more than you'd think! I'm a property manager and see this all the time with family properties. You need to file Form 8275 "Disclosure Statement" with your tax return to disclose this situation to the IRS. This will help protect you from penalties if the rental income hasn't been properly reported. Also get a Quitclaim deed to transfer the property back to your mom or to sell it - having property in your name that you don't control is a liability nightmare.
Thanks for this advice! So with the Form 8275, would I need to file this for just the current year or for previous years too? I have no idea how long this property has been in my name.
You would ideally file the Form 8275 with an amended return for each year the property was in your name and generating income that wasn't reported on your tax return. However, the IRS generally only looks back 3 years for audits (6 years in cases of substantial underreporting), so many tax professionals focus on those years. For the Quitclaim deed, you'll need your mother's cooperation, but it's a relatively simple document that transfers your interest in the property back to her. This would at least stop the ongoing liability issue, even if you still need to address past years.
Honestly your mom committed tax fraud if she's been collecting rent on property in your name but reporting it as her income. You should check your credit report too because sometimes people who put properties in others' names also take out loans. Document everything and consider consulting with a tax attorney before taking any action - you don't want to accidentally implicate yourself in tax evasion.
This! And check with the county to see if there are any liens or property tax issues too. My cousin's ex put a property in her name without telling her and then didn't pay property taxes for years. She found out when she went to buy a car and got denied for a loan because of the tax lien.
Another option is to contact the Taxpayer Advocate Service. They're an independent organization within the IRS that helps taxpayers resolve problems. I had an issue with an HSA distribution that was similar to yours and they were super helpful when I couldn't get through to regular IRS channels. Their number is 877-777-4778. You'll need to explain that you have an urgent deadline (2 days qualifies as urgent). Be prepared to verify your identity and provide details about the notice you received.
Has anyone used the Taxpayer Advocate Service for HSA distribution issues specifically? Just wondering if they're familiar with these types of cases or if I should try the other options first given my tight deadline.
The Taxpayer Advocate Service handles all types of tax issues, including HSA distributions. They're especially helpful when you have a deadline approaching and haven't been able to resolve the issue through normal IRS channels. When I used them for my HSA issue, they were very familiar with the documentation requirements and actually helped me understand exactly what I needed to prove qualified medical expenses. The key with your tight deadline is to call them immediately and emphasize the urgency. They can often place a hold on your account while your case is being reviewed.
Might be too late, but another route is visiting a local IRS office in person. You can schedule an appointment through the IRS website. I know it's not ideal with just 2 days left, but sometimes they have same-day or next-day appointments available if you check early in the morning.
Ravi Gupta
I've been on both sides of this situation (claiming and letting my ex claim our kids). Here's what worked for us: we actually put together a simple written agreement separate from our custody order that alternates who claims our son each year. In even years, I claim him. In odd years, my ex does. We both signed it, had it notarized, and keep copies. While it's not part of the court order, having this written agreement has prevented disputes. The key is documenting everything - keep a calendar showing exactly how many nights your child stays with you and save receipts for everything you buy for them.
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Amina Sow
ā¢Thanks for sharing what worked for you. Did you find that alternating years was financially fair for both of you? And did you need to show this notarized agreement to the IRS, or was it just an agreement between you two?
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Ravi Gupta
ā¢Alternating years worked out fairly well financially for us. Some years one of us might "lose out" a bit if we had more expenses, but it evens out over time and eliminates the yearly fight. The peace of mind is worth any small financial difference. We've never needed to show the agreement to the IRS because we've stuck to it consistently. It's primarily a document between us to prevent disputes. However, if there ever was an IRS question, having a signed and notarized agreement would help show we had a legitimate arrangement. What matters to the IRS is that only one of us claims the child each year.
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Freya Pedersen
Has anyone used the dependency exemption release form (Form 8332) successfully? My understanding is that if the custodial parent (parent with more custody nights) signs this form, it allows the non-custodial parent to claim the child tax credit. But does this also transfer all tax benefits like the earned income credit or head of household status?
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Omar Hassan
ā¢I've used Form 8332 for the past 4 years with my ex. It only transfers the Child Tax Credit and the dependency exemption. The custodial parent still gets to claim head of household filing status and the earned income credit if they qualify. The IRS is very specific about this - those benefits stay with whoever the child lives with more, regardless of who claims them as a dependent.
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Freya Pedersen
ā¢Thanks for clarifying that! That makes more sense now. I was worried I'd be giving up too many benefits, but if I can still claim head of household as the custodial parent, that makes a big difference. I'll look into working out an arrangement with my ex.
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