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CP05 Notice + IRS Letter About Phantom Amended Return - $5,000 Frivolous Filing Penalty Waived for Return I Never Filed - No Refund Movement Since February

Just got a CP05 letter saying I need to wait 120 days for my refund while they verify my wages. Has anyone gotten this? My transcripts show no movement since February and I'm really getting worried about my refund. Starting to feel hopeless about this whole thing. Today I received another letter from the IRS dated May 03, 2024, in response to something I supposedly submitted on May 02, 2024. The letter states word for word: "Dear Taxpayer: Thank you for your response of May 02, 2024. We're sending your response, dated May 02, 2024, to the office at the address at the end of this letter because: Your amended return corrected your frivolous position; therefore, will not be assessed the $6,000.00 frivolous filing penalty. However, your amended return included other changes which require further examination. You will be contacted if additional information is needed to process your case. Find tax forms or publications by visiting IRS.gov/forms or calling 800-TAX-FORM (800-829-3676). If you have questions, you can call 866-883-0235. If you prefer, you can write to the address at the top of the first page of this letter. When you write, include a copy of this letter, and write your telephone number and the hours we can reach you. Keep a copy of this letter for your records. Thank you for your cooperation." I'm completely confused because I never filed an amended return or had any "frivolous position" that needed correcting. I just filed my regular taxes and was expecting my refund. Now I have both the CP05 saying to wait 120 days AND this new letter talking about amended returns and penalties that I don't understand. The letter mentions a $6,000.00 frivolous filing penalty that they're not assessing me, but I never filed anything frivolous! It also says my "amended return included other changes which require further examination" but I never submitted an amended return at all. Has anyone dealt with this combination of issues before? I'm completely lost and feeling even more hopeless about ever seeing my refund. My transcripts still show absolutely no movement since February. Should I call the number they provided (866-883-0235)? Or should I write to them as suggested in the letter? I'm worried if I contact them it might delay things further, but I also want to clear up whatever confusion is happening here.

Ravi Patel

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Pro tip: upload your stuff to taxr.ai - saved me so much stress with my CP05. It actually predicted when my refund would hit within 2 days! Better than playing guessing games tbh

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for real? might have to check this out

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That letter about the amended return and frivolous filing penalty is really concerning - especially since you never filed an amended return! This sounds like identity theft or the IRS mixed up your case with someone else's. I'd definitely call that number (866-883-0235) ASAP to get this sorted out. Don't worry about it delaying your refund - if someone filed fraudulent documents under your SSN, that needs to be addressed immediately. Document everything and ask for a case number when you call. The CP05 might actually be related to this mix-up rather than normal verification.

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Taylor Chen

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This is really good advice! @Amina Bah you should definitely call that number - the combination of CP05 + a letter about an amended return you never filed is a huge red flag. Could be identity theft or they mixed up your case with someone else. Better to get it sorted now than wait and have bigger problems later. When you call, ask them to verify what documents they have on file for your SSN and get everything in writing!

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Sean Doyle

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Does anyone know how the IRS even finds these fake businesses? Like, what triggers them to look at someone's return?

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Zara Rashid

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The IRS has several automatic triggers in their system. Businesses that consistently show losses (especially if they offset W-2 income) get flagged. They also use statistical models to compare your business expenses to others in your industry - if you're way outside the norm, you get flagged. Another big one is lifestyle mismatch - if your reported income doesn't match your lifestyle (nice house, expensive cars, etc). They also get information from banks about large transactions, and they have a whistleblower program where people can report suspected tax fraud.

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Your neighbor is walking into a financial disaster. What he's describing isn't a "brilliant tax strategy" - it's textbook tax fraud that the IRS specifically targets. The IRS has sophisticated algorithms that flag exactly this type of behavior: new LLCs with no real revenue, excessive business deductions that offset W-2 income, and patterns that don't match legitimate business activity. They're especially good at catching "hobby businesses" or shell companies created solely for tax avoidance. The fact that he's openly bragging about it makes it even worse from a legal standpoint. If audited, the IRS will want to see: - Proof of business purpose for every expense - Documentation showing exclusive business use (for home office) - Evidence that meals were actual business meetings - Legitimate business activity generating income Without these, he's looking at owing all the back taxes plus penalties that can range from 20% to 75% of the unpaid amount. In severe cases of willful fraud, there can even be criminal charges. The IRS gives people enough rope to hang themselves with - they'll often let this behavior continue for a few years before striking. When they do audit, they typically go back 3-6 years and scrutinize everything. Your neighbor needs to stop this immediately and consult with a legitimate tax professional to clean up his situation before it gets worse.

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Naila Gordon

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Just want to add that if the father suddenly decides to file taxes after several years of not filing, he could face penalties and interest from the IRS for those missed years. If he pushes this issue, it might end up costing him more than whatever he'd get from half the child tax credit.

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Cynthia Love

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This is an important point. The IRS can look back 6 years typically (sometimes more if they suspect serious issues). He might be opening himself up to scrutiny by suddenly filing again after a gap.

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The bottom line is that your girlfriend has no legal obligation to share the child tax credit with her ex, especially since he hasn't been filing taxes for years. The IRS rules are clear - whoever claims the child as a dependent on their tax return gets the credit. Since she's already filed and received her refund, and he hasn't filed taxes in 4-5 years, there's no mechanism for him to claim the child or the credit unless he suddenly decides to file this year. Even then, his return would likely be rejected since she already claimed the child. The 50/50 custody arrangement doesn't automatically entitle him to half the tax benefits. Tax law and custody arrangements are separate issues. Unless they have a written agreement or court order specifically addressing how tax benefits should be split, she's under no obligation to share. If he's serious about wanting tax benefits, he should start filing taxes consistently and they can work out an alternating years arrangement for future tax seasons. But for this year, the credit is rightfully hers since she's the one who actually filed and claimed the child.

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I think people are overcomplicating this. Here's the simple truth about Roth IRAs: 1) You earn money at your job 2) That money gets taxed through regular income tax withholding 3) You take some of that already-taxed money and put it in a Roth IRA 4) That's it. No additional "Roth tax" to pay. The whole point of a Roth is that you pay ordinary income tax on the money NOW (which you already do through your regular paycheck withholding or estimated tax payments) so you don't have to pay ANY tax when you withdraw it later. That's why there's no special line on your tax return for "Roth IRA taxes" - it's already built into your regular income tax calculation.

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Lucas Turner

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This is the clearest explanation I've seen! I wanted to add though - your tax software should ask if you made Roth contributions to verify you didn't exceed income limits. If you make too much money, you can't contribute directly to a Roth IRA (or the amount you can contribute phases out). Did your software ever ask about this?

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Good point! Yes, tax software typically asks about Roth contributions to check if you're eligible based on your income. For 2025, the income phaseout for single filers starts at $146,000 and for married filing jointly at $230,000. If you exceed these limits and made contributions anyway, the software should flag this as an "excess contribution" that needs to be corrected. You'd either need to withdraw the excess amount (plus any earnings on it) or recharacterize it as a Traditional IRA contribution. If you don't fix it, there's a 6% penalty on excess contributions for each year they remain in the account.

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I had this exact same confusion when I first started contributing to my Roth IRA! The key thing that finally clicked for me is that Roth IRAs don't create any NEW taxes - they just use money that's already been taxed. Think of it this way: if you earn $50,000 and put $6,000 into a Roth IRA, you're still paying income tax on that full $50,000. The $6,000 that goes into your Roth is just part of your regular taxable income that happened to end up in a retirement account instead of your checking account. This is totally different from a traditional 401(k) where money comes out of your paycheck BEFORE taxes, reducing your taxable income. With Roth, the money comes from your regular after-tax income. So you haven't missed anything! You've been paying the "Roth tax" all along as part of your normal income taxes. The beautiful part is that now all the growth in that account will be completely tax-free when you retire. No taxes on dividends, capital gains, or withdrawals - that's the trade-off for paying taxes upfront.

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Freya Larsen

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There's another important factor to consider: SBTPG's batch processing schedule. They typically transmit funds to banks in specific windows (10am, 2pm, and 6pm Eastern Time are common processing times). If your trace number appeared after today's final batch, it will go in tomorrow's first batch. Also, be aware that SBTPG's system sometimes shows the trace number before they've fully processed your refund - the status should change to "Funded" when it's actually been sent to Chime. This can affect ACH transfer timing significantly.

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Hugo Kass

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I'm in a similar situation right now! Got my SBTPG trace number yesterday evening and have been refreshing my Chime account every hour since then. Based on what everyone's saying here, it sounds like I should see the deposit by tomorrow morning at the latest. This is my first time using TurboTax with the refund processing fee option, so I wasn't sure what to expect with the timing. Really helpful to see all these real experiences with the SBTPG → Chime timeline. Fingers crossed we both wake up to good news tomorrow!

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