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Something no one mentioned - if you don't report the 1099-B, even with a small amount, you might get a CP2000 notice from the IRS later saying you underreported income. Happened to my brother. The IRS computers automatically match what brokers report against what's on your return. Much easier to just report it now than deal with that headache later!
Thanks for mentioning this! That's exactly what I was worried about. Better to report everything now than deal with notices later. Is there a threshold for the amount that triggers these notices?
There's no specific threshold that I know of. The IRS automated matching program seems to flag any discrepancy, regardless of amount. My brother's notice was for less than $100 in unreported interest income, so even small amounts get caught. The bigger issue is that responding to a CP2000 notice takes time and can be stressful, plus if you end up owing, they'll add interest and possibly penalties from the original due date. Much simpler to just include everything correctly the first time.
You could just check the box on Schedule B that says you had capital gains but they were already reported on a 1099-B with basis reported to the IRS. That's what I did for years when I had small trading amounts and never had problems.
My sister had a similar issue with her accountant last year. She ended up filing a complaint with the Better Business Bureau and got her retainer back. Then she used one of those online tax services to file herself since it was mostly straightforward W-2 income. Maybe consider getting your money back and going that route if your taxes aren't super complicated?
Thanks for sharing your sister's experience. My taxes are definitely not straightforward though - I have the photography business with lots of expenses and deductions, plus I did some contractor work with 1099s, and I have some investment income. Do you think the online services can handle that level of complexity? I'm worried about missing deductions or making mistakes.
For your situation with a photography business, contractor income, and investments, most DIY tax software might be challenging to use effectively. The business portion with Schedule C deductions can get complex, especially for correctly categorizing photography equipment, travel, home office, etc. In your case, I'd recommend using your documentation to find a new accountant ASAP. Look for someone who specializes in small business taxes and has experience with creative professionals. My brother-in-law is a musician and found an accountant through a local small business association who understands the unique deductions for creative professions.
If you paid by credit card, you could also consider a chargeback for services not rendered. I did this when my accountant took my money and then totally dropped the ball two years ago. Since I had all the emails showing they weren't fulfilling their service promises, my credit card company sided with me and I got my money back.
Be careful with chargebacks though. A lot of accountants will blacklist you if you do this, and they talk to each other. Might be better to try negotiating first.
Your friend needs to file an amended return immediately. I'm a bookkeeper (not tax professional) but I've seen this before. The tax preparer is likely claiming the Self-Employment Tax Credit or Schedule C business deductions that don't exist. Here's the real danger: when the IRS does catch this (and they will eventually), they can assess penalties up to 75% of the unpaid tax for fraud, plus interest that compounds daily. If they determine it was intentional fraud, criminal charges are possible.
Thanks for the advice. Do you think if he files an amended return now before any investigation happens, would that help minimize the damage? Also, should he report the tax preparer?
Filing an amended return quickly will definitely help minimize the damage. The IRS is generally more lenient when taxpayers voluntarily correct errors before being contacted about an examination. He'll still have to pay back the incorrect refund amount, but may avoid or reduce the fraud penalties. And yes, he should absolutely report the tax preparer. He can file Form 14157 (Complaint: Tax Return Preparer) with the IRS. Tax preparers who knowingly file false returns can face significant penalties themselves, including potential criminal charges and being barred from preparing returns.
Has your friend received a 1099-K for any online sales or side work? Sometimes people forget about occasional income that technically qualifies as self-employment. Though quadrupling a refund still sounds super suspicious.
This is a good point. I sold some stuff on eBay last year and got a 1099-K even though it wasn't a business. Maybe his preparer is counting something like that?
For anyone who already paid TurboTax and wants a refund - call their customer service and specifically mention "bait and switch pricing" and that you're going to file a complaint with the FTC. I did this last year and got a full refund after being charged $89 when I was expecting the free version. You have to be firm but polite. The key is to call within 30 days of paying.
What number did you call? I tried their main support line last week and was on hold for over an hour before giving up.
Pro tip: If you have a simple tax return, you can file directly through the IRS Free File Fillable Forms system. It's not as user-friendly as TurboTax but it's 100% free and cuts out the middleman entirely. https://www.irs.gov/e-file-providers/free-file-fillable-forms I've been using it for years. It's basically just electronic versions of the paper forms. You do need to be comfortable figuring things out yourself, but for basic W-2 income and standard deduction, it's pretty straightforward.
Charlotte White
Just FYI - I'm a regular eBay seller and one important thing to know is that eBay now collects sales tax on your behalf in most states anyway. So for your current sales, you don't need to worry about collecting or remitting sales tax yourself. For your past purchases where you didn't pay use tax, that's between you and your state. Some states have amnesty programs where you can pay past use tax without penalties if you're concerned. But as others mentioned, for IRS purposes, they just care about your cost basis vs selling price for determining if you made a taxable gain.
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Victoria Charity
ā¢Thanks for mentioning that about eBay handling the sales tax now. I didn't realize that! So I just need to focus on accurately reporting my cost basis vs. selling price on my tax return? Do you know if it matters whether these were personal items vs. items I bought with the intention to resell?
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Charlotte White
ā¢For the IRS, intent does matter. If these were truly personal items you originally bought for yourself (not with intention to resell), then you're generally not taxed on sales unless you sell for more than your purchase price. Many personal items actually sell at a loss, which isn't deductible for personal items. If you bought items specifically to resell, that's different - you'd report all profit as business income on Schedule C and could deduct legitimate business expenses. The line gets blurry when you're selling collectibles that appreciated in value while you owned them. Those can be subject to capital gains tax (usually at higher collectible rates of 28% versus normal capital gains rates).
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Admin_Masters
One thing no one's mentioned - if you're just selling personal stuff occasionally, the IRS probably won't even know about it until the 1099-K thresholds kick in. For 2023 its $20K and 200 transactions, but in 2024 it drops to $5K. So unless you're selling a lot, this might be a non-issue anyway. And honestly, practically nobody reports use tax on their personal online purchases. States know this is happening but they don't have good enforcement mechanisms for individual consumers. They're more focused on going after businesses or marketplace facilitators (which is why eBay now collects the tax).
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Matthew Sanchez
ā¢The 1099-K thresholds are actually changing! Congress kept pushing back the $600 reporting threshold. It was supposed to start in 2022, then 2023, and now it's delayed again. So confusing to keep track of. I think we're still at $20K/200 transactions for 2023 tax year.
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