


Ask the community...
As someone who used to work for the IRS (not speaking in any official capacity now), I'd recommend requesting a formal appeal of the CP105 assessment. You have 30 days from the notice date to request this. Common life estate gift tax problems I've seen: - Using incorrect actuarial tables for valuation - Not properly accounting for retained interests - Incorrectly calculating the gift split between spouses - Using outdated property valuations Make sure any new tax professional you hire gets copies of: - The original deed - The life estate documentation - The original Form 709 as filed - The CP105 notice with all calculation pages - Any appraisals that were done Also, check if your parents' accountant has E&O (errors and omissions) insurance. If their mistake caused this issue, their insurance may cover penalties and interest, though probably not the underlying tax.
Thank you for sharing your expertise! Is the 30-day appeal window strict or is there any flexibility? The notice arrived about 2 weeks ago, so we're getting close to that deadline.
The 30-day window is fairly strict, but I'd recommend filing the appeal request even if you're close to the deadline. Use Form 12203 (Request for Appeals Review) and send it via certified mail so you have proof of the date it was submitted. If you're very close to the deadline, you can also call the IRS (using whatever method works to get through) and request a brief extension to file the appeal. Sometimes they'll grant a 15-day extension, especially if you explain that you're gathering documentation and seeking professional assistance. Make sure to document who you spoke with and when. The main thing is to get something formal submitted before the deadline, even if your documentation isn't complete yet. You can supplement the appeal later with additional information.
Dealt with something similar last year. Make sure your parents get a second opinion on the valuation of the property. The IRS might be using a different valuation method than your accountant did. When we got a big gift tax bill, turns out our accountant used the county tax assessment ($425k) instead of getting a formal appraisal, and the IRS determined the value was closer to $575k based on recent sales in the area. That difference alone added like $60k to our tax bill!
This!! Property valuation is HUGE for gift tax purposes. We had a similar issue and hiring an independent appraiser who specialized in retrospective valuations (valuing the property as of the date of the gift) saved us thousands. The IRS will often accept a professional appraisal if it's well-documented.
Whatever you do, DON'T use those "pennies on the dollar" tax relief companies you see on TV. My brother paid one of them $5,000 and they literally just filled out forms he could have done himself. Complete waste of money. Your best bet is to find a local EA (Enrolled Agent) who specializes in back taxes. They're usually more affordable than CPAs but still have full authority to represent you before the IRS. Mine charged around $350 per tax year to prepare returns plus $500 to handle setting up my payment plan.
An EA (Enrolled Agent) specializes exclusively in taxes and is licensed directly by the IRS, while CPAs have a broader accounting background and are licensed by states. For pure tax issues, especially back taxes and IRS problems, EAs often have more specialized experience and can be more affordable. CPAs are great for complex financial situations where you need broader accounting expertise along with tax knowledge. Neither is inherently "better" - it depends on your specific needs. For straightforward back tax filing and IRS negotiations, an EA is usually sufficient and cost-effective. For business owners or people with complex investments and financial planning needs, a CPA might be worth the higher cost.
Has anyone tried the IRS Fresh Start program? I heard it helps people with back taxes but don't know much about it.
Fresh Start isn't actually a program you apply for - it's a set of policies the IRS implemented to make it easier for taxpayers to resolve tax debts. It includes expanded installment agreements, easier Offer in Compromise qualifications, and some tax lien relief. The main benefits: you can now get installment agreements with simplified procedures if you owe up to $50K (used to be much lower), and they made it easier to qualify for Offers in Compromise by changing how they calculate your ability to pay. You don't apply for "Fresh Start" specifically - you just take advantage of these more flexible options.
One thing nobody's mentioned yet - this bonus delay might actually benefit you tax-wise depending on your income situation. If you were in a higher tax bracket in 2022 than you expect to be in 2023, you might actually pay LESS tax on that bonus now that it's pushed to 2023. My company did something similar (but deliberately) a few years back, and several of us actually came out ahead because of lower tax brackets the following year. Might be worth running the numbers both ways to see if you actually benefit from this mistake!
I hadn't even thought of that angle! I was so focused on the mistake that I didn't consider it might actually work in my favor. My income will probably be a bit lower in 2023 since I'm planning to take some unpaid leave, so this might actually push me into a lower bracket. Do you know if this affects other income-based things like student loan payments or healthcare subsidies? I'm worried it might have ripple effects beyond just my tax return.
Great question about the ripple effects. Yes, this can absolutely impact income-based programs. If you're on an income-based repayment plan for student loans, your payments are typically calculated based on your prior year's AGI (Adjusted Gross Income), so this could potentially lower your 2022 AGI and reduce your payments for 2023. For healthcare subsidies through the Marketplace, those are based on your estimated current year income. So if you're receiving subsidies, you might need to update your projected 2023 income to include this bonus, which could reduce your subsidy amount. It's always better to report changes proactively than to have to pay back subsidies at tax time.
Has anyone dealt with the opposite problem? My company paid my 2024 bonus in late December 2023 (like Dec 28th) and I'm worried I'll end up paying higher taxes because it pushed me into the next bracket for 2023...
That's actually a common misunderstanding about tax brackets. Moving into a higher bracket only affects the portion of income above that threshold, not all your income. So only the amount that pushed you over would be taxed at the higher rate, not your entire yearly income.
Something nobody mentioned yet - if you're dealing with ISOs, you'll need to receive Form 3921 from your wife's employer by January 31. This form shows the exercise price, FMV at exercise, etc. Make sure to keep this for your records! Also, don't forget about state taxes. Some states don't have preferential treatment for long-term capital gains, so you might pay the same rate regardless of how long you hold.
Thanks for mentioning Form 3921. Will this form show the AMT adjustment amount or do we need to calculate that ourselves? Our state (California) doesn't have different rates for capital gains vs regular income, but I'm still trying to maximize the federal tax benefits and use up those carryover losses if possible.
Form 3921 won't calculate the AMT adjustment for you - it just provides the information you need to do that calculation yourself (or that your tax software will use). The form shows the exercise price, fair market value at exercise, and date information you need. California is indeed one of those states that taxes all income at the same rates regardless of whether it's capital gains or ordinary income. But given your federal carryover losses, it's worth talking to a tax professional about timing. Even though the ISO exercise+immediate sale would be ordinary income, there might be other strategies to utilize those capital loss carryovers in the same tax year.
Has anyone used TurboTax for handling ISO exercises? I've got a bunch I need to exercise this year and I'm wondering if TurboTax handles the AMT calculations correctly or if I need to go to a CPA?
TurboTax can handle basic ISO scenarios, but honestly, if you're dealing with a significant amount (sounds like you are), I'd go with a CPA who specializes in equity compensation. I made the mistake of using TurboTax last year and missed an AMT credit carryforward that cost me about $3,400. A good CPA will save you more than they cost.
Ava Garcia
Just a heads up from someone who works in tax prep - if your original return is still processing (which it sounds like it might be since you filed so early and haven't heard anything), you should definitely wait before filing an amendment. The IRS is still working through a massive backlog from 2020, and adding an amendment to the mix could potentially delay your refund by months. The Recovery Rebate Credit is one area where the IRS has been automatically correcting returns if they see you were eligible for more than you claimed. Check your IRS transcript online (you can create an account at irs.gov) to see if they've made any adjustments to your return already before going through the amendment process.
0 coins
Mei Lin
ā¢Thank you everyone for the advice! I checked my IRS transcript like you suggested and it looks like my return is still being processed. I think I'll try the Claimyr route to speak with someone before filing the amendment. One question - if I do end up needing to amend, should I wait until I receive my original refund first or can I submit the amendment while the original is still processing?
0 coins
Ava Garcia
ā¢Definitely wait until your original return is fully processed and you receive your refund before filing an amendment. Filing an amendment while the original is still in process creates a high risk of the two filings conflicting with each other, which can lead to significant delays or even trigger unnecessary review flags. When you call the IRS, ask them to check if they're already planning to adjust your Recovery Rebate Credit automatically. Many taxpayers are finding that the IRS is fixing these stimulus payment issues without requiring an amendment. The agent should be able to tell you if you need to amend or if they can handle it on their end.
0 coins
StarSailor}
Has anyone noticed that the "Where's My Amended Return" tool is basically useless? I filed my amendment for 2020 back in March and it still just says "received" with no other update. Called IRS twice and got different answers each time about how long it would take.
0 coins
Miguel Silva
ā¢I had the same experience with my 2019 amended return. The tool showed "received" for almost 8 months before finally updating to "adjusted." If you need a more accurate status, you'll have better luck calling and speaking with a representative. They can see more detailed status info in their system than what shows on the public tracker.
0 coins