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I just went through this same nightmare with about 700 NFT transactions. If you're in a time crunch, another approach is to use the summary method on Form 8949. Basically, instead of listing each transaction separately, you can attach a statement that summarizes transactions of the same type. You'd want to group them by short-term vs long-term, and by whether they were reported on a 1099-B. Then you can just put "See attached statement" on Form 8949 and include the totals from your detailed list. Remember though - you still need to maintain records of every individual transaction in case of an audit. The summary is just for filing purposes.
Thanks for this advice! Can you clarify what "same type" means in this context? Like could I group all my NBA TopShot NFTs together even if purchased/sold on different dates? Or does "same type" mean they need to have the same dates and cost basis percentage?
By "same type," the IRS generally means transactions that share the same characteristics for tax purposes. Grouping should maintain separate categories for: short-term vs long-term holdings (more/less than 1 year), whether they were reported on a 1099-B, and whether you have any adjustments to the basis or proceeds. You couldn't group all NBA TopShot NFTs together just because they're from the same platform if they have different holding periods or acquisition dates. The summary should still separate short-term from long-term gains and maintain the integrity of your actual tax position. The goal is to simplify the paperwork while still accurately reporting your total capital gains and losses. Your detailed transaction records should include the specific dates, cost basis, and sale price for each NFT in case you're ever asked to substantiate your summary.
I'm going through this exact NFT tax hell right now. One option nobody's mentioned is using Like-Kind Exchange rules. Before 2018, some crypto traders used Section 1031 to defer taxes on crypto-to-crypto trades. Although the Tax Cuts and Jobs Act limited 1031 exchanges to real estate after 2017, I've heard some tax pros argue NFT-to-NFT trades might qualify as collectibles exchanges rather than digital asset trades. Has anyone tried this approach? Seems like it could simplify reporting enormously.
This is actually incorrect and potentially dangerous advice. The IRS has been very clear that Like-Kind Exchange treatment (Section 1031) does NOT apply to cryptocurrency or NFT transactions after 2017. This position has been stated multiple times in IRS guidance. Every NFT trade is considered a taxable event - when you trade one NFT for another, you're technically selling the first one for its fair market value and using those proceeds to buy the second one. Both transactions need to be reported. Trying to claim NFTs as collectibles for Like-Kind treatment would likely trigger an audit and potentially penalties for incorrect filing. NFTs are treated as digital assets under current IRS guidance.
Another thing to check - did you receive unemployment benefits for any part of the year? There were special premium tax credit rules for people who received unemployment in recent years, and sometimes that creates reconciliation issues if it wasn't properly accounted for. Also, double-check if you're calculating your income the same way the Marketplace does. They use Modified Adjusted Gross Income (MAGI) which includes certain tax-exempt income that might not be obvious when you estimated your income initially.
No unemployment benefits, and I'm pretty sure I calculated my MAGI correctly. I included all my income sources when I signed up. The weird thing is my actual MAGI ended up slightly lower than what I projected, so I should technically qualify for more credits, not less. Is there any limit to how much you have to pay back if there's a discrepancy? I heard there might be repayment caps depending on income?
Yes, there are repayment caps based on your income as a percentage of the Federal Poverty Level. For 2023 returns (filed in 2024), if your income is under 200% FPL, the maximum repayment is $350 for individuals and $750 for families. Between 200-300% FPL, it's $950 for individuals and $1,875 for families. Between 300-400% FPL, it's $1,525 for individuals and $3,050 for families. If your income exceeds 400% FPL, there's no cap and you have to repay all excess advance payments. The American Rescue Plan temporarily removed this cliff for 2021 and 2022, but it's back for 2023 taxes.
Check if you're enrolled in the right plan type! This happened to me - I thought I was in a Silver plan, but was actually enrolled in a Gold plan. The premium tax credit is calculated based on the second-lowest cost Silver plan in your area, regardless of what plan you actually choose. If you picked a more expensive plan than the benchmark Silver plan, you pay the difference out of pocket. The Marketplace might have calculated your advance credits correctly based on the benchmark, but if you selected a more expensive plan without realizing the impact, you could end up owing at tax time.
This is important! The plan metal level makes a huge difference. When I switched from Silver to Gold mid-year but kept the same subsidy amount, I got hit with a big tax bill the following year.
Your refund is low because a refund is just money you overpaid throughout the year. A lower refund often means your withholding was more accurate, not that you're paying more taxes. Many people think bigger refunds are better, but that's actually just giving the government an interest-free loan all year. The ideal scenario is to break even - owe nothing and get nothing back. Then you've had the maximum amount of your own money in your pocket throughout the year.
So are you saying that a smaller refund is actually better? I always thought getting a big refund check was the goal. Does this mean I'm actually doing better with my taxes than I thought?
Yes, a smaller refund (or even breaking even) generally means you've managed your withholding more efficiently. Think of it this way - if you get a $3,000 refund, that means you gave the government an extra $250 per month that you could have had in your paycheck instead. Many people use tax refunds as a forced savings method, which is understandable. But financially speaking, it's better to have that money available to you throughout the year - for emergencies, to pay down debt, or to invest. If you're disciplined enough, you could set up automatic transfers of that extra money to a savings account and end up with the same lump sum plus interest.
Did you check if you qualify for education credits? Since you mentioned you just got out of college, you might be eligible for the American Opportunity Credit or the Lifetime Learning Credit if you paid for educational expenses in the past year.
This is a really good point! OP could potentially get thousands back from education credits if they paid tuition in the tax year they're filing for. I got almost $2500 back from AOTC when I was in school.
Just a pro tip on the Failure to File penalty - if your brother-in-law has a clean tax history for the past 3 years (filed and paid on time), he might qualify for First Time Penalty Abatement. The IRS doesn't advertise this much, but it's an administrative waiver they can grant. I had a similar situation in 2020 where I completely missed the filing deadline because of some family emergencies. Called the IRS, explained my situation, mentioned I had a clean record for the previous years, and they removed about $1,200 in penalties on the spot. Definitely worth asking about!
Does this work if you were late two years in a row? I was late filing in 2021 and 2022, but was always on time before that.
Unfortunately, it probably won't work for consecutive years. First Time Penalty Abatement typically requires a clean compliance history for the three tax years prior to the year you're requesting abatement for. Since you were late in 2021, you likely wouldn't qualify for abatement of the 2022 penalties. However, you might have qualified for abatement of the 2021 penalties if you were compliant for 2018-2020. If you haven't already requested that, it might be worth exploring. For 2022, you'd need to look at other grounds for abatement like reasonable cause (serious illness, natural disaster, etc.) rather than the first-time administrative waiver.
One important clarification - the Failure to File penalty is calculated as 5% per month of the UNPAID tax. If he paid most of what he owed and only had a small balance due, the penalties would be much smaller than if he paid nothing. For example, if he owed $10,000 but paid $9,000 with his late extension, the 5% penalty would only apply to the remaining $1,000 (so $50 per month rather than $500 per month if he paid nothing).
Caden Nguyen
Just a tip from someone who went through this last year - if there's any chance the estate might be worth over $12.92 million (2023 limit), you definitely should consult with an estate attorney about Form 706. Most people won't need to worry about this, but if you do, the penalties for missing it are serious. Also, don't forget state taxes! Depending on your state, there might be separate estate or inheritance tax returns required at much lower thresholds than the federal exemption. My mom's estate was nowhere near the federal limit but still needed to file a state return.
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Avery Flores
ā¢Do you know if there's a time limit for filing the final personal tax return? My father passed away 7 months ago, and I'm just now getting to organizing his taxes. Not sure if I'm already late or if there are extensions for this situation?
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Caden Nguyen
ā¢The deadline for filing the final personal tax return (1040) follows the normal tax deadlines - so generally April 15th of the year following death. If your father passed 7 months ago, you're likely still within the deadline for his final personal return, especially if he passed in the current tax year. You can also request a 6-month extension using Form 4868, just like with regular tax returns. However, if any tax is owed, it should still be paid by the original deadline to avoid penalties and interest, even if you extend the filing deadline.
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Zoe Gonzalez
Has anyone used an actual CPA instead of H&R Block for deceased tax filing? We're trying to decide if it's worth the extra cost. My sister had rental properties and a small business when she passed, so it's pretty complicated.
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Ashley Adams
ā¢I used a CPA for my husband's final return because he had a business and investment properties. Honestly it was worth every penny - she found deductions I never would have known about and correctly handled the stepped-up basis for inherited assets which saved thousands in potential capital gains. H&R Block is fine for simple returns but for complex situations with businesses or significant assets, a CPA who specializes in estate taxation is definitely worth the investment.
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