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A big thing you need to figure out is your cost basis. Since you inherited the stock, your basis should be the fair market value on the date of death (or alternate valuation date if the executor chose that). This is called a "stepped-up basis." For a large inheritance like that, there should be estate documents that show the valuation. Make sure you have those before filing, because using the wrong basis could cost you thousands in deductions.
What happens if you can't find documentation of the exact value on date of death? My dad left me some stocks but passed away during COVID and everything's a mess with paperwork.
If you can't find the documentation, you can try to reconstruct it. You'll need to determine the date of death and then research what the stock was trading for on that day - most financial websites have historical price data. Get the closing price on that date and multiply by the number of shares. If it was a significant inheritance, the estate may have filed an estate tax return (Form 706) which would have the valuation. You can request a copy from the IRS with Form 4506. Another option is to contact the broker who handled the account - they often have historical valuations on record.
Everyone is talking about tax benefits, but has anyone considered that some of these failed bank stocks might actually recover some value? After Washington Mutual collapsed in 2008, the worthless stock (WAMUQ) actually traded up to about 50 cents from nearly zero as speculators bet on leftover assets.
Make sure you also consider state taxes! Federal is only part of the picture. I sold shares in a Canadian company last year and completely forgot that my state (California) also wanted their cut of my foreign income. Had to file an amended return and got hit with interest.
One thing not mentioned is the actual money transfer itself. When bringing in over $1M, your bank will likely file a Currency Transaction Report, and you might need to fill out paperwork explaining the source of funds. Make sure you have all documentation from the share sale readily available - the purchase agreements, sale contracts, any foreign tax documents, etc. Banks have gotten super strict about large incoming international transfers.
This happened to me with a much smaller amount ($150k) from selling property overseas. My account got frozen for like 2 weeks while they verified everything. Super annoying.
Yes, it's become extremely common even with smaller amounts. The banking regulations have tightened significantly under anti-money laundering laws. I recommend contacting your bank before the transfer to ask about their specific documentation requirements and procedures for large incoming international wires. Some banks handle it much better than others. I've seen people have funds held for up to 30 days during verification, which can be a serious problem if you need access to the money. Having all your documentation organized in advance and possibly even working with a private banker at your institution can make the process go much more smoothly.
One thing nobody's mentioned yet is that you might qualify for the IRS Fresh Start Program. It's not exactly one specific program but a collection of tax relief options with more flexible terms. I went through this when I owed about $32k in back taxes. The key qualification factors they looked at were my income, expenses, assets, and ability to pay. In my case, I qualified for an extended installment agreement that gave me 6 years to pay instead of the standard 3 years. Whatever you do, don't fall for those "settle for pennies on the dollar" ads you hear on the radio. Most people don't qualify for that level of reduction, and many of those companies charge thousands upfront with no guarantees.
Do you have to have a certain amount of tax debt to qualify for the Fresh Start stuff? I owe about $8,500 from 2022 and 2023... is that even enough to bother with these programs?
There's no minimum debt requirement for the Fresh Start provisions, so your $8,500 definitely qualifies. For smaller debts like yours, you might especially benefit from the streamlined installment agreement option, which has simplified application requirements for debts under $50,000. With $8,500, you might also consider whether you have any means to fully pay the debt, such as a personal loan with a lower interest rate than the IRS charges. The IRS interest and penalties continue to accrue even while you're on a payment plan, so sometimes it makes financial sense to pay it off another way if possible. But if that's not an option, definitely look into the streamlined installment agreement.
Watch out for the 10-year statute of limitations on tax debt! The IRS generally has 10 years from the date of assessment to collect. If you're close to that 10-year mark on any of your back taxes, sometimes waiting it out (or getting into Currently Not Collectible status) can be a legitimate strategy. But be careful - certain actions can extend that 10-year period, like submitting an Offer in Compromise, filing for bankruptcy, or leaving the country for an extended period. I made the mistake of applying for an OIC that got rejected, and it added almost 2 years to my collection statute. Also, filing returns for older years can actually restart that 10-year clock, so you might want to consult with a tax pro before filing very old returns.
Let's be real, none of this proposal has a chance of actually passing in this Congress. I wouldn't stress too much about planning for a 44.6% capital gains rate. The final bill (if anything passes at all) will look completely different. Remember when everyone was panicking about the SALT deduction changes? And how much the final version got watered down? It's always the same story with these big tax proposals.
But isn't it still smart to plan ahead? I mean, even if the full 44.6% doesn't pass, there could be some increase, right? Better safe than sorry...
Planning ahead is always good, but I wouldn't make any drastic moves based on proposals that haven't even made it to committee yet. If you're really concerned, the best approach is probably to run multiple scenarios - what happens if rates stay the same, what happens if they go up moderately, and what happens in the worst case. Then identify strategies that work reasonably well across all scenarios. The biggest mistake would be making irreversible financial decisions based on tax proposals that might never materialize.
Anybody using specific tax software that can model these potential capital gains changes? TurboTax doesn't seem to have any features for "what-if" scenarios like this.
I've been using H&R Block Premium, and they have a "tax calculator" feature that lets you adjust income types and tax rates to see different scenarios. It's not super sophisticated but it gave me a rough idea of how different capital gains rates would affect my bottom line.
Thanks for the suggestion! I'll take a look at H&R Block. I really need something that can help me visualize the impact since I'm planning to sell a rental property next year that I've owned for about 15 years. The potential tax difference between current rates and the proposed rates would be substantial for me.
Ben Cooper
Something important that nobody's mentioned yet - make sure your nephew actually responds to the levy notice! As someone who works in a tax office (different state), I can tell you that while YOU aren't liable for his debts, ignoring the notice will make his situation much worse. Most states offer payment plans or sometimes even settlement options for people in financial hardship. But these options are only available if he actually contacts them and explains his situation. The worst thing he can do is nothing. Also, check whether your state has a taxpayer advocate service. Many states have free resources to help taxpayers navigate collection issues, especially for people with limited income.
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Summer Green
ā¢Thanks for bringing this up! You're absolutely right. I've been so focused on whether I could be at risk that I haven't really pushed him enough on addressing his own situation. Do these payment plans usually require some kind of initial payment? He literally has almost no money right now.
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Ben Cooper
ā¢Most state tax agencies do require some initial payment to establish a payment plan, but the amount can often be negotiated based on financial circumstances. For someone with extremely limited income, some states will accept as little as $25-50 to start a plan. The key is documentation. Your nephew should gather proof of his current financial situation - bank statements showing low balances, unemployment documentation, job search records, etc. Many states have hardship programs specifically for people in dire financial situations. Some might even temporarily place the account in "currently not collectible" status if he can prove he has no ability to pay anything right now.
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Naila Gordon
Is nobody going to point out that it might not be a good idea to claim someone as a dependent who has unresolved tax issues? While you're not legally liable for their state tax debts, claiming someone with tax problems can potentially increase your audit risk. The IRS and state tax authorities sometimes cross-reference dependents, especially adult dependents, and it might raise flags if someone you're claiming has outstanding tax issues. Doesn't mean you did anything wrong, but could mean more scrutiny.
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Cynthia Love
ā¢This is actually a really good point that I hadn't considered. When I worked at an accounting firm, we definitely saw increased audit rates for returns with adult dependents who had their own tax compliance issues. Doesn't mean you shouldn't claim them if they legitimately qualify, but worth being aware of.
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