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Don't forget the other option - you can visit your local IRS Taxpayer Assistance Center in person! You need to schedule an appointment first (call 844-545-5640), but I've found it WAY easier to get through on that appointment line than the general IRS number. When I had a missing W-2 issue two years ago, I got an appointment within a week. Brought my last paystub, explained the situation, and they helped me fill out the 4852 right there. The agent even called my employer while I was sitting there!
That's a great suggestion! Is there anything specific I would need to bring to the appointment besides my last paystub? Would I need to bring a partially completed 4852 form too?
Definitely bring your ID, Social Security card, last paystub, and any communication you've had with your employer about the missing W-2. It's helpful to bring a partially completed Form 4852 too, but not required - they can help you fill it out from scratch if needed. Also bring your previous year's tax return if you have it, as this helps them verify your identity. And if you've already started working on this year's return, bring that draft too. The more documentation you have, the smoother the appointment will go!
Has anyone had issues after filing with Form 4852? I'm in the same boat (can't reach IRS, employer ghosting me on W-2) but worried about potential audits or delays in processing my return.
I'm a real estate investor with 7 properties and want to add another perspective. There are some scenarios where you might consider not taking maximum depreciation, though they're rare: 1. If you're already showing a loss on the property and are limited by passive activity loss limitations (and don't qualify as a real estate professional), additional depreciation might not help you this year anyway 2. If you're in a very low tax bracket now but expect to be in a much higher bracket in future years, the benefit of the deduction might be greater later (though as others mentioned, you're technically required to take it) 3. If you're doing a 1031 exchange and plan to keep exchanging properties until death, the depreciation recapture can be continuously deferred But for most typical investors, maxing out legitimate depreciation deductions and investing the tax savings is absolutely the optimal strategy. Just make sure you're documenting everything properly in case of an audit.
What about component depreciation or cost segregation studies? I've heard those can front-load even more depreciation. Are those worth doing for a small investor with just 1-2 properties, or are they only worthwhile for larger portfolios?
Cost segregation studies absolutely can be worth it even for small investors with 1-2 properties, especially for properties with higher improvement values (like $300K+ in building value). These studies typically identify 20-30% of a building's components that can be depreciated over 5, 7, or 15 years instead of 27.5 years. The sweet spot is usually properties purchased in the last 1-3 years with significant improvement value. The studies themselves typically cost $3,000-$7,000 depending on property size and complexity, but can generate tax savings of $15,000-$50,000 in the first year for many properties. Just make sure you work with a reputable firm that has experience defending their studies in IRS audits if needed.
Quick question - if I sell a rental property at a loss (selling price less than my original purchase price), do I still have to pay the depreciation recapture tax? The market in my area has dropped and I might need to sell my rental for about 25k less than I paid for it.
Yes, you still have to pay depreciation recapture even if you sell at an overall loss. The IRS treats the depreciation recapture as a separate calculation from your capital gain/loss. So you could have a capital loss on the sale but still owe depreciation recapture tax on all the depreciation you claimed (or should have claimed) during ownership. It's one of the nastier surprises in real estate taxation.
Regarding your RSU situation - one strategy my wife and I use is to set up a Donor Advised Fund. Since we're also in a high tax bracket with significant RSU income, we donate appreciated shares directly to our DAF instead of cash. This gives us a double tax benefit: a deduction for the full fair market value of the shares and we avoid capital gains tax on the appreciation. You can fund it in high-income years (like when large RSU blocks vest) to bunch your deductions, then distribute the actual charitable gifts over time. This has been more impactful for our tax situation than the backdoor Roth, though we do that too.
This sounds promising! How much paperwork/maintenance is involved with a DAF? And can you recommend any specific providers? I've heard of Fidelity and Schwab having these, but not sure if there are advantages to one over another.
The paperwork is minimal - much easier than setting up a private foundation. It takes about 15-20 minutes to open online, similar to opening a brokerage account. Once it's set up, you just transfer assets in and then make grants to charities whenever you want with a few clicks. I use Fidelity Charitable because that's where my other accounts are, but Schwab and Vanguard are also excellent options. They all have similar fee structures (around 0.6% administrative fee annually plus underlying investment fees). The main difference is minimum initial contribution ($5K for Fidelity, $5K for Schwab, $25K for Vanguard) and minimum grant amounts. I'd go with whoever you already have investment accounts with for simplicity.
Don't forget to check if your spouse's employer offers a mega backdoor Roth option in their 401k plan. This would allow for additional after-tax contributions beyond the standard 401k limit (potentially up to $46,000 more depending on employer plan specifics and other contributions). Those after-tax contributions can then be converted to Roth money. Not all employers offer this, but it's worth checking if they do since your income is high enough to take advantage of it. Would give you much more tax-advantaged space than just the regular backdoor Roth IRA.
Just a quick note on this - the mega backdoor Roth requires specific plan provisions: 1) allowing after-tax contributions (not just Roth), and 2) either in-plan Roth conversions or non-hardship in-service distributions. Many plans don't have both features, especially the second one. Worth calling the 401k administrator to check though!
Just an additional tip - when you send your response to the CP 2000, make sure to include Form 1040-X (Amended Return) if you're changing anything on your original return. I learned this the hard way when my first response got rejected because I just sent a letter explaining the changes without the official form. Also, keep copies of EVERYTHING you send, and if possible, send your response via certified mail so you have proof of delivery. The IRS has been known to "lose" documentation.
Do you need to send Form 1040-X even if you're just providing documentation but not actually changing any numbers on your return? My CP 2000 is just asking for proof of a deduction I already claimed.
If you're not changing any numbers and just providing supporting documentation for what you already claimed, you typically don't need to submit Form 1040-X. Just include a clear explanation letter referencing your CP 2000 notice number along with your documentation. However, you should still use the response form that came with your CP 2000 notice to indicate whether you agree or disagree with their findings. That form is crucial for proper processing.
Has anyone had success with requesting a payment plan through the CP 2000 response? I got hit with a similar notice and owe around $3000, but there's no way I can pay that all at once right now.
Yes! I just went through this. When you respond to the CP 2000, there's usually a payment options section on the response form. You can check the box indicating you can't pay in full. Once they process your response and send the final bill, you can set up an installment agreement online through the IRS website for balances under $50,000. I set mine up for $100/month and it was super easy to do online. Just make sure you actually set it up once you get the final bill - don't ignore it or they'll start collections.
Isabella Oliveira
Just so you know, paper filing can take 6+ months to process this year. I paper filed last year thinking the delay would be nice since I owed money, but it actually came back to bite me when I needed proof of filing for a mortgage application. The lender wouldn't accept my copy without IRS confirmation that it was received and processing. Just something to consider.
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Ravi Kapoor
ā¢You can request a tax transcript though right? Even if they haven't fully processed it?
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Isabella Oliveira
ā¢Unfortunately, the transcript isn't available until they've processed your return, which is exactly the problem. You can get transcripts from previous years, but not for a return that's still sitting in their paper backlog. My mortgage lender ended up needing additional documentation and it delayed my closing by almost a month. Just wanted to mention it in case you might need proof of filing for anything important this year.
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Freya Larsen
Don't forget to make copies of EVERYTHING before you mail it! I paper filed as a self-employed person last year and the IRS somehow lost my Schedule C. They sent me a letter saying I had unreported income from my 1099 forms. Took months to resolve because I had to mail in copies and wait for them to reprocess. Learn from my mistake!
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