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Had this exact issue with Gemini last year. My suggestion is to do BOTH - keep working with the IRS AND file with Tax Court before your deadline. Filing with Tax Court costs $60 and gives you insurance in case the IRS process drags out (which it probably will). I made the mistake of trusting the IRS would resolve my issue in time, and when they didn't, I lost my right to challenge without paying first. I ended up having to pay the full amount ($11k!) and then file for a refund, which took another 8 months to process. Don't make my mistake!
That's really helpful to know about your experience. How difficult was the Tax Court filing process? Did you end up needing a lawyer or were you able to do it yourself?
The Tax Court filing was actually pretty straightforward. I used the simplified procedure since my dispute was under $50k. The petition form is available on the Tax Court website, and it's mostly just explaining what the IRS got wrong and why. I did it myself without a lawyer. You basically need to state the facts clearly - that the crypto exchange reported incorrect information, what the correct numbers should be, and what evidence you have. Include copies of your documentation with the petition. One tip: be very specific about the error. In your case, explain that the exchange reported the full value as gain instead of just the interest earned, and provide your actual purchase records showing your cost basis.
Nobody's mentioned an important option - requesting audit reconsideration AFTER the 90-day window expires. If your deadline is too close and you don't want to file with Tax Court, you can still dispute the assessment later through audit reconsideration. The downside is you may have to pay the tax first and then request a refund, but it's an option if you miss the Tax Court deadline.
Audit reconsideration is a terrible approach for this situation! Why would you voluntarily give up your Tax Court rights when that's literally the best protection you have? Paying thousands in taxes you don't owe and then HOPING the IRS gives it back through audit reconsideration is a recipe for disaster.
One thing to keep in mind with those 1098-T forms: Make sure the amounts listed in Box 1 (payments received) and Box 5 (scholarships/grants) are accurate. My college reported my scholarships correctly but completely messed up the amount I actually paid for tuition. I had to contact the school's financial aid office to get it corrected before my parents could claim the education credit. Sometimes schools report the amounts billed rather than amounts actually paid, which can cause problems.
I hadn't even thought about checking if the amounts are correct! Where exactly would I find Box 1 and Box 5 on the form? And if something isn't right, do I just call the financial aid office?
Box 1 is near the top of the form labeled "Payments received for qualified tuition and related expenses" and Box 5 is labeled "Scholarships or grants." Compare those amounts to your actual payment records and financial aid statements. If you notice a discrepancy, yes, call your school's financial aid office or sometimes they have a dedicated bursar or student accounts office. Explain the issue and ask them to issue a corrected 1098-T. They're usually pretty good about fixing these errors since they're required by law to report accurate information to the IRS.
Gonna add something important that nobody mentioned - KEEP THESE FORMS FOREVER! Seriously. I needed my college 1098-Ts from 5 years ago when I got audited, and it was a nightmare tracking them down after my college portal access expired. Download PDFs of all three years and store them somewhere safe - Google Drive, Dropbox, whatever. Email copies to yourself and your parents too. Tax docs should be kept for at least 7 years.
Something similar happened to my brother. It's because the exchanges report to the IRS on a 1099-K (for crypto) or 1099-B (for stocks) showing the gross proceeds from sales, but often don't include your cost basis. So the IRS assumes your basis is $0 and taxes you on the entire amount. Make sure you fill out Form 8949 with ALL your transactions, showing the correct cost basis for each one. Then submit it with a written explanation. If you're dealing with a LOT of transactions, you can summarize them but be prepared to provide details if asked.
Thanks for the response! Do I need to send the physical copies of Form 8949 or can I do this electronically? Also, should I be calling the number on the notice or is there a better way to handle this?
You should respond in the same format as the notice you received. If they sent a physical letter, send back physical forms. The notice should have specific instructions about how to respond - follow those exactly. There should be an address listed specifically for responses. Calling can be helpful, but honestly, with basis issues like this, written documentation is more important since you need to provide proof of your purchase prices. Make sure to keep copies of absolutely everything you send them. I'd also recommend sending it certified mail so you have proof of when it was delivered.
I had this nightmare last year! What worked for me was: 1) Don't ignore it, definitely respond within the timeframe on the notice 2) Get ALL your transaction records together - every purchase and sale 3) Create a spreadsheet showing date purchased, purchase price, date sold, sale price, and gain/loss for each transaction 4) Complete Form 8949 correctly - this is super important 5) Write a clear letter explaining the error If you have a ton of transactions, the IRS actually allows you to attach a spreadsheet instead of listing each one on separate 8949 forms. Just make sure the spreadsheet has all the required columns from the form.
Do you need to include statements from the exchanges too or is the spreadsheet enough? I'm in a similar situation but some of my records are incomplete.
For next year, just use a tax service that can handle both federal AND state from the beginning. Cash App is convenient but super limited. I use H&R Block online and they make it really easy to do both together. Just my two cents after doing my own taxes for like 10 years.
Does H&R Block have a free version? Cash App and FreeTaxUSA are appealing because they offer free or really cheap filing options. I don't want to spend $50+ on tax prep if I can avoid it.
H&R Block does have a free version but like all the "free" tax services, it's only free for simple returns. If you have anything slightly complicated (investment income, self-employment, itemized deductions, etc.), you'll end up having to upgrade to a paid version. Honestly, FreeTaxUSA is probably your best bet for affordable filing - their federal filing is free and state is only like $15. Cash App might be convenient for banking, but as you've discovered, it's pretty limited as a tax service. Whatever you choose, just stick with ONE service next year to avoid this headache!
Just wondering - did you have any major life changes or special tax situations this year? I had a similar issue where I had to file federal and state separately because of a move between states halfway through the year. ended up using two different services but made it work. might help to know your specific situation.
Nothing complicated really - just standard W-2 income from one job and some basic interest income from my savings account. No major life changes or anything fancy. I just got lured in by Cash App's free filing and didn't realize they couldn't do my state taxes until after I'd already submitted the federal return.
Drew Hathaway
Something nobody's mentioned yet - there are actually TWO different 5-year rules for Roth IRAs: 1. The 5-year rule for earnings: For earnings to be tax-free, your first Roth contribution must have been made at least 5 years before withdrawal AND you're either 59½, disabled, withdrawing up to $10k for first home, or the distribution goes to beneficiary after death. 2. The 5-year rule for conversions: Each conversion or rollover from a Traditional IRA to Roth has its own 5-year waiting period before you can withdraw that converted amount penalty-free (though you've already paid tax on it). Most tax software doesn't explain this well which is why people get surprised by unexpected taxes.
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Jenna Sloan
ā¢This is exactly what I was missing! So even though my Roth is 7 years old, if I converted some money from my Traditional IRA to the Roth only 2 years ago, I can't touch THAT money without penalties for another 3 years? But I could still withdraw my regular contributions anytime?
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Drew Hathaway
ā¢You've got it exactly right! Your regular contributions can come out anytime without taxes or penalties. And yes, that conversion from 2 years ago has its own 5-year clock - you'd need to wait 3 more years to withdraw those specific funds without the 10% penalty. The IRS treats withdrawals in a specific order: regular contributions come out first (always tax/penalty free), then converted amounts (in order of conversion date), and finally earnings. So you would need to withdraw all your regular contributions first before touching any converted amounts.
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Laila Prince
Does anyone know if taking a distribution from a Roth for higher education expenses avoids the penalty on earnings? I know it works for Traditional IRAs but not sure about Roth.
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Isabel Vega
ā¢Yes! Qualified higher education expenses are one of the exceptions that waive the 10% early withdrawal penalty on Roth IRA earnings. But remember, you'll still owe income tax on those earnings if withdrawn before 59½ and before the account has been open 5 years. Eligible expenses include tuition, fees, books, supplies, and equipment required for enrollment at an eligible educational institution. Room and board also count if the student is at least half-time.
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