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As someone who used to work for the IRS (not speaking in any official capacity now), I'd recommend requesting a formal appeal of the CP105 assessment. You have 30 days from the notice date to request this. Common life estate gift tax problems I've seen: - Using incorrect actuarial tables for valuation - Not properly accounting for retained interests - Incorrectly calculating the gift split between spouses - Using outdated property valuations Make sure any new tax professional you hire gets copies of: - The original deed - The life estate documentation - The original Form 709 as filed - The CP105 notice with all calculation pages - Any appraisals that were done Also, check if your parents' accountant has E&O (errors and omissions) insurance. If their mistake caused this issue, their insurance may cover penalties and interest, though probably not the underlying tax.
Thank you for sharing your expertise! Is the 30-day appeal window strict or is there any flexibility? The notice arrived about 2 weeks ago, so we're getting close to that deadline.
The 30-day window is fairly strict, but I'd recommend filing the appeal request even if you're close to the deadline. Use Form 12203 (Request for Appeals Review) and send it via certified mail so you have proof of the date it was submitted. If you're very close to the deadline, you can also call the IRS (using whatever method works to get through) and request a brief extension to file the appeal. Sometimes they'll grant a 15-day extension, especially if you explain that you're gathering documentation and seeking professional assistance. Make sure to document who you spoke with and when. The main thing is to get something formal submitted before the deadline, even if your documentation isn't complete yet. You can supplement the appeal later with additional information.
Dealt with something similar last year. Make sure your parents get a second opinion on the valuation of the property. The IRS might be using a different valuation method than your accountant did. When we got a big gift tax bill, turns out our accountant used the county tax assessment ($425k) instead of getting a formal appraisal, and the IRS determined the value was closer to $575k based on recent sales in the area. That difference alone added like $60k to our tax bill!
This!! Property valuation is HUGE for gift tax purposes. We had a similar issue and hiring an independent appraiser who specialized in retrospective valuations (valuing the property as of the date of the gift) saved us thousands. The IRS will often accept a professional appraisal if it's well-documented.
Just a heads up from someone who works in tax prep - if your original return is still processing (which it sounds like it might be since you filed so early and haven't heard anything), you should definitely wait before filing an amendment. The IRS is still working through a massive backlog from 2020, and adding an amendment to the mix could potentially delay your refund by months. The Recovery Rebate Credit is one area where the IRS has been automatically correcting returns if they see you were eligible for more than you claimed. Check your IRS transcript online (you can create an account at irs.gov) to see if they've made any adjustments to your return already before going through the amendment process.
Thank you everyone for the advice! I checked my IRS transcript like you suggested and it looks like my return is still being processed. I think I'll try the Claimyr route to speak with someone before filing the amendment. One question - if I do end up needing to amend, should I wait until I receive my original refund first or can I submit the amendment while the original is still processing?
Definitely wait until your original return is fully processed and you receive your refund before filing an amendment. Filing an amendment while the original is still in process creates a high risk of the two filings conflicting with each other, which can lead to significant delays or even trigger unnecessary review flags. When you call the IRS, ask them to check if they're already planning to adjust your Recovery Rebate Credit automatically. Many taxpayers are finding that the IRS is fixing these stimulus payment issues without requiring an amendment. The agent should be able to tell you if you need to amend or if they can handle it on their end.
Has anyone noticed that the "Where's My Amended Return" tool is basically useless? I filed my amendment for 2020 back in March and it still just says "received" with no other update. Called IRS twice and got different answers each time about how long it would take.
I had the same experience with my 2019 amended return. The tool showed "received" for almost 8 months before finally updating to "adjusted." If you need a more accurate status, you'll have better luck calling and speaking with a representative. They can see more detailed status info in their system than what shows on the public tracker.
Has anyone actually gotten a 1099 for credit card rewards? I've been racking up and cashing out rewards for years (probably $2k+ annually) and never reported it or received any tax forms.
One thing nobody mentioned: if you used the card for business expenses and deducted 100% of those expenses on last year's tax return, but get the rewards this year, you might need to include the rewards as income for this year's return. Timing matters. Talk to a CPA to be safe.
Whatever you do, DON'T use those "pennies on the dollar" tax relief companies you see on TV. My brother paid one of them $5,000 and they literally just filled out forms he could have done himself. Complete waste of money. Your best bet is to find a local EA (Enrolled Agent) who specializes in back taxes. They're usually more affordable than CPAs but still have full authority to represent you before the IRS. Mine charged around $350 per tax year to prepare returns plus $500 to handle setting up my payment plan.
An EA (Enrolled Agent) specializes exclusively in taxes and is licensed directly by the IRS, while CPAs have a broader accounting background and are licensed by states. For pure tax issues, especially back taxes and IRS problems, EAs often have more specialized experience and can be more affordable. CPAs are great for complex financial situations where you need broader accounting expertise along with tax knowledge. Neither is inherently "better" - it depends on your specific needs. For straightforward back tax filing and IRS negotiations, an EA is usually sufficient and cost-effective. For business owners or people with complex investments and financial planning needs, a CPA might be worth the higher cost.
Has anyone tried the IRS Fresh Start program? I heard it helps people with back taxes but don't know much about it.
Fresh Start isn't actually a program you apply for - it's a set of policies the IRS implemented to make it easier for taxpayers to resolve tax debts. It includes expanded installment agreements, easier Offer in Compromise qualifications, and some tax lien relief. The main benefits: you can now get installment agreements with simplified procedures if you owe up to $50K (used to be much lower), and they made it easier to qualify for Offers in Compromise by changing how they calculate your ability to pay. You don't apply for "Fresh Start" specifically - you just take advantage of these more flexible options.
Kayla Morgan
One thing nobody's mentioned yet is the timing of when debt forgiveness happens for tax purposes. In my case, the foreclosure was completed in 2023, but I didn't receive the 1099-C until 2024. My tax preparer explained that the debt forgiveness is taxable in the year the 1099-C is issued, not necessarily when the foreclosure happens. This means you might think you're in the clear for the 2024 tax year, but then get surprised with a 1099-C that affects your 2025 taxes. Keep an eye on your mail, especially in January/February when tax forms typically arrive.
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Max Reyes
ā¢That's really important info - thanks for pointing this out! Do you know how long after a foreclosure a lender typically waits before sending a 1099-C? I'm trying to budget and plan for the worst-case scenario.
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Kayla Morgan
ā¢In my experience, lenders usually issue the 1099-C in January of the year following when they make the decision to forgive the debt. However, this can vary widely. Some lenders will issue it the same year as the foreclosure, while others might wait several years. The tricky part is that the decision to forgive the debt (and thus issue a 1099-C) is separate from the decision not to pursue a deficiency judgment. A lender might not seek a deficiency judgment but still keep the debt on their books for years before officially "canceling" it and triggering the tax consequences.
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James Maki
Has anyone looked into the insolvency exclusion? From what I understand, if your total debts exceeded your total assets immediately before the foreclosure, you might not have to pay tax on the forgiven amount. For example, if you owed $400k on the mortgage, $30k in credit cards, $20k in car loans (total liabilities $450k), but your total assets were only worth $350k, you'd be insolvent by $100k. If the bank forgives $175k of mortgage debt, you could exclude $100k from your taxable income based on your insolvency. I used IRS Form 982 for this when I went through foreclosure. It's technically challenging to complete but can save you thousands.
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Jasmine Hancock
ā¢This is good info, but I'm confused about how to calculate the value of assets. Do I use market value? And do I include retirement accounts and other stuff I can't easily liquidate?
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