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Don't panic! I was in your exact situation last year (hadn't filed for even longer - 4 years). Start with the most recent year and work backwards. For all my unfiled years, I ended up getting refunds, so no penalties applied. One important tip: if you have any 1099 income or did any gig work during those years, make sure you track that down too. Those were the hardest documents for me to find.
Thanks so much for this! Did you end up using a tax professional or just tax software to file all the back taxes? I'm trying to figure out the most cost-effective approach since I'll be filing 4 years at once.
I used tax software for all of them. I bought the previous year versions (most of the major companies sell them) and did one return at a time. It was pretty straightforward since I mostly had W-2 income. For the oldest year, I had some 1099 work that made things a bit more complicated, so I paid a bit extra for the deluxe version that year. Still came out way cheaper than hiring a professional for all four years.
Quick PSA for anyone in this situation: don't forget about state taxes! When I caught up on my federal returns, I completely spaced on filing the state ones too. Had to go back and do those separately. Each state has their own rules about penalties and interest too.
Just a heads up that while this strategy works now, there's been talk in Congress about applying wash sale rules to crypto. The infrastructure bill had some provisions about increased crypto reporting, and I've seen proposals to treat crypto more like securities. Not saying don't do it, but be aware the rules could change in the future.
That's really good to know, thank you! Do you happen to know when these potential changes might go into effect if they do pass something? And would it make sense to just do this strategy now while it's definitely still allowed?
Nothing is imminent as far as I know - these things typically take time to work through Congress, then the IRS has to issue guidance, etc. We'd likely have months if not a year or more of warning before any major change like applying wash sale rules to crypto. Definitely makes sense to use strategies that are currently allowed. Just keep good records of all your transactions with timestamps. If you're doing a lot of crypto trading, consider working with a tax professional who specializes in this area, as they'll be up-to-date on any pending changes and can help you navigate the transition if/when rules do change.
Has anyone actually reported this type of transaction on their taxes? How did you document it? I've done a similar thing with some BTC and I'm worried the IRS might flag my return because the buy and sell dates are so close together.
I did this exact strategy last year with ETH. Sold at $2850, rebought at $2400 a few days later. I just reported both transactions normally on Form 8949 - the sale as a capital gain and then the new purchase established my new cost basis. Nothing special needed documentation-wise beyond what you'd normally track (dates, amounts, proceeds, cost basis). No issues, no audit, no questions from the IRS. As long as you're accurately reporting the transactions, the timing between them isn't relevant for crypto (for now anyway).
Thanks, that's really helpful! Did you use any particular software to track your crypto transactions or did you just use spreadsheets? I'm trying to make sure I have everything properly documented in case I ever do get audited.
Just a quick bit of advice from someone who went through this exact situation: definitely respond to the CP2000 notice by the deadline even if you're still preparing your amended return. You can send a simple letter acknowledging receipt of the notice and stating that you're in the process of filing an amended return to correct the issue. This keeps you in compliance with the response deadline while giving you time to properly prepare the amendment. The IRS is much more willing to work with you if you're communicating with them, even if you need more time to fix the actual problem. Also, keep copies of EVERYTHING - your response letters, certified mail receipts, the amended return, etc. This paper trail is super important if there are any questions later on.
Would it be better to fax the response to the IRS rather than mailing it? I've heard mail can take forever for them to process and faxing might be faster for time-sensitive stuff like this.
Faxing can be faster for the initial response if you're up against the deadline. The IRS does accept faxed responses to CP2000 notices, and it provides immediate transmission. Just be sure to keep the fax confirmation page as proof of timely response. For the amended return itself, you'll still need to mail that through regular channels. But for the initial "I received your notice and I'm working on it" response, faxing can save you some time. Either way, make sure you're sending everything to the correct department and including all reference numbers from the CP2000 notice on your correspondence.
One thing no one's mentioned - your parents might qualify for Innocent Spouse Relief if your mom wasn't aware her W2 wasn't included. Especially if your dad handles the finances and there was a language barrier issue. Form 8857 could potentially help your mom avoid liability for the underpayment. Otherwise, you'll definitely need to file that 1040-X amended return. But don't pay the full amount on the CP2000 notice right away, because it might be calculating penalties that could be reduced or removed once you explain the situation.
Innocent Spouse Relief probably won't apply here since it's just a case of forgotten income, not deliberate underreporting or fraud. It's more for situations where one spouse hid income or claimed fraudulent deductions without the other spouse's knowledge. This sounds like an honest mistake that both spouses would be responsible for correcting.
Don't forget to check if your state taxes inherited annuities differently from the federal government! I'm in California and got surprised with state taxes on an inherited annuity that were calculated differently than the federal taxes. Each state has its own rules about inherited retirement accounts and annuities.
Good point about state taxes. Do you know which states are better or worse for inherited annuity taxes? I'm in Texas and wondering if I should expect any state-specific issues.
Texas is actually one of the better states for this situation since they don't have a state income tax. You'll only need to worry about the federal tax implications of your inherited annuity. States like California, New York, and New Jersey tend to be more complicated because they not only have state income tax on the taxable portion but sometimes have different rules than the federal government about how much of the annuity is considered taxable.
Quick question - do inherited annuities trigger the 10% early withdrawal penalty if I'm under 59 1/2? I inherited one from my dad last year and I'm only 42.
Good news - the 10% early withdrawal penalty generally doesn't apply to inherited annuities, even if you're under 59 1/2. This is one of the exceptions in the tax code specifically for death benefits. You'll still owe regular income tax on the taxable portion, but you escape the penalty that would normally apply to early withdrawals.
Anastasia Smirnova
Something to consider - while the IRS might not care which account you use, your state might have different requirements for partnerships. In California, for example, if you're operating under a name different from your personal names, you need to file a Fictitious Business Name statement and some banks require that for opening an account. Also, depending on what you're selling, you might need collection permits for sales tax. Those applications sometimes ask for business banking information.
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Malik Thomas
ā¢That's a great point I hadn't considered! We're in Texas, and I didn't even think about state-specific requirements. Do you know if most states have similar rules about fictitious business names?
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Anastasia Smirnova
ā¢Most states have some form of fictitious business name (DBA) requirements, but they vary significantly. In Texas, you'd file at the county level where your business operates. It's usually a simple form and modest fee ($25-50 typically). Texas doesn't have state income tax, but you may still need a sales tax permit depending on what you're selling. Even digital products can be subject to sales tax in Texas. Check the Texas Comptroller's website - they have specific guidance for partnerships using personal accounts.
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Sean O'Brien
I'm using QuickBooks Self-Employed for my side hustle and it lets me tag transactions as business or personal even though everything runs through my personal checking. Is there a similar tool that works well for partnerships specifically? Most of these apps seem designed for solo entrepreneurs.
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Zara Shah
ā¢I use Wave Accounting for my partnership (dog walking service with my roommate). It's free for the basic accounting features and lets you connect personal accounts but tag business transactions. You can set up multiple users so both partners can access it, which QuickBooks Self-Employed doesn't allow unless you pay for the higher tier. The reporting features make it easy to track partner distributions too.
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