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How are Variable Annuities Taxed for a Beneficiary - Question on Transfer vs Rollover

So my uncle passed away last year and had a variable annuity. As the beneficiary, I opened an Inherited Traditional IRA to receive these funds as a transfer from his variable annuity. Here's where it gets messy - the financial company holding the annuity accidentally processed it as a rollover instead of a transfer. Now the IRS has contacted me saying I owe almost $15,000 in additional taxes because rollover amounts get reported as taxable income, while transfers are non-taxable events that don't get reported to the IRS. The financial advisor who handled this transaction initially has since left the company. When I explained the situation to the new advisor, they tried to "fix" it by just changing their internal paperwork from "transfer" to "rollover" to match what was sent to the IRS. But that doesn't solve my tax problem at all! The IRS is saying the entire amount that moved from the annuity to my Inherited IRA (about $68,000) counts as taxable income for the tax year when it was moved. That's the exact difference between what the IRS says my taxable income should be versus what I reported on my return. My question is: If the financial institution corrects their mistake and resubmits the forms to properly show this as a transfer instead of a rollover, would that clear me of this additional tax obligation? If not, what steps should I take to get this corrected? I'm completely stressed out over a mistake that wasn't even mine!

Sofia Torres

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Something to be aware of: if the financial institution already reported the transaction to the IRS as a taxable event using a 1099-R, they are required to issue a corrected 1099-R (often called a 1099-R with the "CORRECTED" box checked). Simply changing their internal paperwork doesn't fix the issue with the IRS. Also, for future reference for anyone inheriting annuities: always be extremely clear about requesting a "direct trustee-to-trustee transfer" not a "rollover" when moving inherited annuity funds. Get confirmation in writing before the transaction processes, and if possible, have the receiving institution initiate the transfer rather than the sending institution.

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Is there a time limit on when a financial institution can issue a corrected 1099-R? My mom's situation happened almost 2 years ago and we're just now discovering the mistake.

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Sofia Torres

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There's technically no specific time limit for a financial institution to issue a corrected 1099-R. They can (and should) correct erroneous information even years later. For your situation with your mom, you generally have 3 years from the original filing deadline to file an amended return to correct mistakes. So even at 2 years out, you still have time to get this fixed. The financial institution may be resistant since it creates extra work for them, but they are obligated to provide accurate tax reporting. Be persistent and escalate to management if needed.

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Has anyone successfully had the IRS waive penalties and interest in a situation like this? I got the financial institution to admit their error, but the IRS is still charging me penalties and interest on the "deficiency" even though they agree I don't owe the base tax anymore.

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Yes, I had success getting penalties (but not all interest) waived by requesting penalty abatement due to reasonable cause. I explained that the error was made by the financial institution, not me, and provided their admission letter. The IRS has discretion here and often waives penalties when you can prove the error wasn't your fault.

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Something nobody mentioned yet - since you're 18, make sure you know if your parents are still claiming you as a dependent on their taxes! This affects how you file and what credits you might be eligible for. If they're claiming you (which they probably can if you're living with them and they provide more than half your support), you'll need to check the box that says someone can claim you as a dependent. This limits some tax benefits you can claim. Also, make sure you're setting aside around 25-30% of what you earn for taxes. Self-employment tax alone is about 15.3%, plus whatever income tax bracket you fall into. That might seem like a lot, but it's better than getting hit with a big tax bill and penalties later!

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Lucas Adams

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This is super helpful! I hadn't even thought about the dependent thing. I am still living with my parents and they pay for most of my stuff, so I'll definitely check with them about this. Is there an easy way to calculate how much I should be setting aside each time I get paid? I'm making anywhere from $150-400 a week depending on how many gigs I pick up.

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A simple rule of thumb is to set aside 30% of everything you earn. That should cover both your self-employment tax (which is about 15.3%) and your federal income tax. If your state has income tax too, you might want to bump that up to 35%. The easiest way to manage this is to open a separate savings account just for taxes. Every time you get paid, immediately transfer 30% to that account and don't touch it. At tax time, you'll have the money ready to pay what you owe. Plus, if you end up owing less than you saved, you'll have a nice little bonus!

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Natalie Wang

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don't freak out but you should probably file quarterly estimated taxes too if your making decent money. I didn't know this my first year as a freelancer and got hit with a penalty 😩 you gotta use form 1040-ES and pay every 3 months if you expect to owe more than $1000 in taxes for the year. first payment for 2025 would be due April 15th

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Noah Torres

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This is so important! I got slapped with a $420 penalty my first year freelancing because nobody told me about quarterly payments. The IRS doesn't play around with this stuff.

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Anna Xian

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One thing nobody's mentioned yet - check if your audit is actually being conducted by the IRS or if it's been outsourced to a private collection agency. The IRS has been contracting with private firms for some types of enforcement, and they have different contact procedures. Look carefully at the letterhead and contact info on your audit notice. If it mentions Performant, CBE Group, ConServe, or Pioneer, those are private collection agencies working on behalf of the IRS. In that case, the standard IRS protocols might not apply.

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Aidan Percy

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That's interesting - I just double-checked and my notice is definitely from the IRS directly. It has the official Department of Treasury/IRS letterhead and mentions the specific IRS tax examination department. But this is good info for others who might be in a similar situation!

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Anyone else notice that the IRS seems to be auditing way more returns lately? I've had more clients get audit notices in the past 6 months than the previous 3 years combined.

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Rajan Walker

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I've heard they're focusing on high income returns (over $400k) and those with Schedule C business income after getting that increased funding. Targeting where they think they'll recover the most unpaid taxes.

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Something important that nobody mentioned yet - there's a big difference between a gift and income. If it's truly a gift (given out of generosity with nothing expected in return), the person GIVING the gift might have to file a gift tax return if it's over $15,000, but YOU don't pay taxes on gifts received. But from your description, this is clearly payment for services (consulting), not a gift. So yeah, it's taxable income regardless of whether they issue a 1099 or not.

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Raul Neal

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Thanks for bringing this up. Just to clarify, this is definitely for consulting work - strategy and business development advice I'd be providing. So it sounds like even without a 1099, I need to report it as self-employment income on Schedule C, and I'd owe both regular income tax plus the self-employment tax. Seems like the consensus is that trying to hide it isn't worth the risk.

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Exactly right. It's 100% taxable as self-employment income. Report it on Schedule C, pay both income tax and self-employment tax. You can also deduct legitimate business expenses against that income - any travel specifically for this consulting, a portion of your home if you use it regularly for this work, supplies, software, etc. Just make sure to keep good documentation of all expenses. The self-employment tax feels painful (15.3% on top of income tax), but remember that half of it is deductible on your 1040, which helps a little.

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I'm going to get downvoted but whatever. The reality is tons of people get cash payments and don't report them. Cash businesses especially. Not saying it's right, just saying it happens all the time. The real risk comes from lifestyle not matching income. If you're making 30k on paper but driving a Ferrari, yeah the IRS will have questions lol. For a one-time 10k payment? The practical risk is pretty minimal if we're being honest.

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Laila Prince

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This is terrible advice. IRS has been ramping up enforcement with new funding. They specifically target self-employed people with unreported income. My cousin tried this "cash doesn't exist" game for years until he got hit with a $43k bill including penalties and interest. They reconstructed his income from bank deposits and found all kinds of stuff. Not worth destroying your financial future.

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Don't forget about state taxes too! You mentioned Texas which doesn't have state income tax, but if you moved from another state during those years you might still have state filing requirements for the time you lived there. I made this mistake when I didn't file for a couple years - sorted out federal but completely forgot about state taxes from when I lived in California. Ended up with a nasty surprise letter from the CA tax board years later.

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Marcus Marsh

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Thanks for bringing this up! I've actually been in Texas the entire time, so I think I'm ok on the state tax front. But that's a really good point for anyone else who might have moved around during their unfiled years.

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Josef Tearle

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Has anyone used a CPA to help with unfiled returns? I'm wondering if it's worth the cost versus doing it myself with software.

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I used a CPA after not filing for 3 years and it was 100% worth it. Cost me about $350 per year of unfiled taxes, but she found enough deductions that I hadn't known about to save me over $2000 in taxes. Plus she handled communicating with the IRS which was priceless for my anxiety.

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Josef Tearle

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That's really helpful, thanks! Did your CPA also help with negotiating penalties or setting up a payment plan, or just with preparing the actual returns?

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