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Did you file your Form 990 while waiting for 501(c)(3) determination? A lot of new nonprofits don't realize you still need to file some type of 990 (usually 990-N for small orgs) even while your 1023 is pending. If you missed filing for 3 consecutive years, that could trigger automated notices like what you're describing.
This is such an important point! I volunteer with several small nonprofits and this is the #1 mistake I see. Even if you're waiting on 501(c)(3) determination, you absolutely must file your 990. The IRS doesn't automatically connect your 1023 application with your filing requirements.
One small additional tip - call your Secretary of State's office in MA to confirm your nonprofit corporation status is in good standing. Sometimes these IRS notices happen because there's a problem at the state level (like a missed annual report) that hasn't been communicated to you directly. Take photos of EVERYTHING you send to the IRS and keep detailed notes of every call (date, time, agent ID if they give one). You'll need this documentation if things get more complicated. Also, I'd seriously consider getting a consultation with a nonprofit tax attorney. Most will do a 30-minute consult for a reasonable fee, and having someone who can look at your specific situation could save you thousands in the long run.
Thank you, I'll definitely check with the MA Secretary of State tomorrow. Do you have any recommendations for finding a nonprofit tax attorney who won't charge a fortune? Our budget is already stretched thin with all this paperwork.
Check with your local community foundation or nonprofit resource center - many offer free or low-cost legal referrals for new nonprofits. Also look into law schools in your area, as many have nonprofit law clinics where supervised students provide free assistance. Another option is Pro Bono Partnership or Lawyers Alliance if you're in an area they serve. They specifically match nonprofits with attorneys who volunteer their time. Just Google them plus your area to see if they operate near you.
Just to add another perspective - I amended a return last year using TurboTax and it wasn't too difficult. If you filed your original return with tax software, check if they offer an amendment service. Often they can pull your original information and you just need to make the changes. Keep in mind that amended returns take FOREVER to process right now. Mine took almost 9 months to be processed completely. But at least you'll be in compliance and avoid those penalties others mentioned.
9 months?! That's insane. Does that mean I won't get the additional refund (if there is one) for that long? Or would I likely owe more since a W2 was missing?
It really depends on what was on that missing W2. If there was a lot of withholding on it, you might be owed an additional refund. If there wasn't much withholding compared to the income, you'll probably owe more tax. And yes, unfortunately the wait times are crazy long now. If you're owed money, you'll have to wait until they process the amendment to get it. If you owe more, you should pay it when you file the amendment to minimize interest and penalties, even though they'll take forever to actually process the paperwork.
Don't forget that if you and your ex are still splitting the refund, you'll need to work out how this amendment affects that split. If you end up owing money instead of getting more back, who's responsible for paying it? Make sure you have that conversation before filing the amendment to avoid more drama later. Also save copies of EVERYTHING. My ex "lost" all our tax documents after our divorce and it was a nightmare sorting it out. Make sure you have your own copies of the original return, the W2s, and the amendment.
Another option worth mentioning is that you can still mail a check with Form 1040-ES. Even though the form is meant for the estimated payment that was due in January, you can still use it to make a payment now. Just mail the check with the 2021 Form 1040-ES voucher for the 4th quarter, and make sure to clearly write "2021 Form 1040-ES" and your SSN on the check. The main downside compared to electronic payment is it will take longer to process, and you won't get immediate confirmation. But it's an alternative if you're having issues with the online system. Just keep in mind you'll still have the same potential penalty for the late payment regardless of which method you use.
Wouldn't the paper option take way longer to process though? I'm worried about making things worse by having the payment not get credited before I file my return in April. Is there a way to track when they receive and process a paper payment?
Yes, paper payments do take longer to process - typically 2-3 weeks, sometimes more during busy periods. If you're planning to file your return soon, the electronic payment through Direct Pay (using "Balance Due" option) would be much faster. For tracking a paper payment, the IRS doesn't provide direct tracking like a package. The best way to confirm they received it is by setting up an online account at IRS.gov and checking your tax account transcript, which will show when payments post to your account. You can also call the IRS, but as others have mentioned, the wait times can be very long. If you do mail a payment, I'd strongly recommend using certified mail with a return receipt so you at least have proof of when you sent it.
PSA for next year: If you have the IRS2Go app on your phone, it lets you make estimated tax payments through Direct Pay or a credit/debit card right from the app, and it sends you reminders before each quarterly due date. I used to forget my January payment every single year until I started using this.
Does the app charge extra fees like when you pay taxes with a credit card on those third-party processors? Or is it actually free like regular Direct Pay on the website?
I amended my 2022 return last month for a similar reason. Make sure you pay the additional tax ASAP even before filing the amendment! You can make a payment directly on the IRS website using Direct Pay. This will stop additional interest from accruing. Interest runs from the original due date until you pay, so the longer you wait, the more you'll owe.
Thanks for mentioning that about paying before filing the amendment! That's smart - I didn't realize I could stop the interest that way. Do you happen to know roughly how much the interest would be? The capital gains will add about $1,400 to my tax bill I think.
The IRS interest rate has been around 7-8% recently, so if you're looking at a $1,400 tax bill and it's been roughly 2 years since the original due date (April 2023), you'd be looking at approximately $200-230 in interest. The sooner you pay, the better though. The interest compounds daily, so it keeps growing. One other tip - when you make the payment online, be sure to select the correct tax year (2022) and payment reason (amended return) so it's properly applied to your account.
Guys im confused, do i need to file a separate 1040 form or just the 1040-X? And do I mail it or can it be e-filed?
You only need to file Form 1040-X (not a new 1040). However, you should include any schedules that are changing - in this case probably Schedule D and Form 8949 for the capital gains. Unfortunately, you can't e-file amended returns for 2022 yet. You'll need to print and mail it. Make sure to include copies of any new documents (like your 1099-B) that support the changes you're making. And as others mentioned, consider making the payment online even though you're mailing the form.
Dmitry Petrov
My accountant told me the 1095-C is basically just proof that your employer offered you qualifying health insurance. The info on it is reported to the IRS by your employer anyway, which is why tax software doesn't ask for it. Just keep it in your records for 3 years like any other tax document.
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StarSurfer
ā¢Do you know if it matters that I have outstanding payments? The original poster mentioned still owing some money for their insurance and I'm in the same boat. Will that affect anything tax-wise?
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Dmitry Petrov
ā¢Your outstanding insurance payments don't impact your tax filing in relation to the 1095-C. The form simply documents what coverage was offered to you and which months you were enrolled. Any payments you still owe are between you and your insurance provider or employer (depending on how your plan is structured). These don't need to be reported on your tax return. The only exception might be if you're itemizing medical expenses that exceed 7.5% of your AGI, but that's completely separate from the 1095-C reporting requirement.
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Ava Martinez
One thing nobody mentioned - make sure the information on your 1095-C is actually correct! My employer had me listed with coverage for months I wasn't employed there and it caused a huge headache. Check the coverage months in Part II to make sure they match when you actually had the insurance.
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Miguel Castro
ā¢This is good advice. How would you go about fixing it if the information is wrong? Contact HR?
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