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Don't freak out too much. The IRS is way behind on processing returns and unless you're talking about massive amounts, they're not likely to come after you with handcuffs or anything. File the amendment, pay what you owe plus whatever penalty they assess, and move on. I accidentally left off about $5k in stock gains two years ago, filed an amendment, and it was no big deal. Just don't ignore it hoping they won't notice.
Thanks for sharing this - makes me feel a bit better. Did you have to pay a lot in penalties when you amended for those stock gains? And how long did the whole amendment process take?
The penalty wasn't bad at all - I think it ended up being around $80 plus some interest on the unpaid tax. So all in maybe $120 extra beyond what I would have paid originally. The amendment took about 3-4 months to process completely, which I hear is actually pretty fast for the IRS these days. Just make sure you keep copies of absolutely everything you submit and proof that you sent it (certified mail is good).
Pro tip: if you use tax software like TurboTax or H&R Block, they usually let you file an amended return for free if you filed your original return through them. They'll walk you through the whole process. Just gather all your crypto transaction data first so you have it ready.
This isn't always true - I tried to amend through TurboTax and they wanted to charge me for the "deluxe" version even though my original filing was free. Ended up having to pay like $60.
Have you considered doing an 83(b) election for future RSU grants? It lets you pay ordinary income tax on the grant value upfront rather than the vesting value. That might help avoid this situation in future years if your company's stock keeps growing.
Thanks for the suggestion, but isn't the 83(b) election only available for restricted stock, not RSUs? From what I've read, it doesn't apply to standard RSUs because there's no actual ownership until vesting. But I'd love to be wrong about this if it could help with future grants!
You're absolutely right, and I apologize for the confusion. The 83(b) election typically doesn't apply to standard RSUs because, as you correctly noted, there's no actual ownership until vesting. It's more applicable for restricted stock awards (RSAs) where you have immediate ownership with restrictions. For standard RSUs, tax planning is more about timing your sales after vesting to manage capital gains. Some companies offer programs where they automatically sell enough shares at vesting to cover tax obligations, which might be worth looking into for future grants.
Oof, I went through almost this exact situation last year. What tax software are you using? I found that TurboTax didn't handle my RSUs very well, but H&R Block's premium version actually had a much better equity compensation section.
If you're using TurboTax, there's a much easier way. At any point during the year, you can actually go into the tax planning section and upload a CSV of your trades. It will calculate your current position and even tell you how much you'd need to sell to offset your gains. I do this quarterly to stay on top of my tax situation. Last year I completely avoided a tax bill by realizing some losses in November once I saw how much I was up for the year.
Does this work with the free version of TurboTax or only the premium versions? And can you use this feature before you're actually ready to file?
You need TurboTax Premier or above for the investment features - the free version doesn't support capital gains calculations. And yes, you can absolutely use this feature any time during the year before you're ready to file. I typically start a new tax file at the beginning of each year just for planning purposes. The tax planning tools are available year-round, not just during tax season. You can run different scenarios like "what if I sell these stocks at a loss?" to see the impact on your tax situation. It's been super helpful for making strategic decisions throughout the year rather than just discovering surprises at tax time.
Has anyone tried just asking their accountant? Mine gave me a simple spreadsheet template where I just enter current market values of holdings and it compares to my cost basis to show potential gains/losses. Takes like 10 minutes to update each quarter.
Something important to consider: If your mortgage interest deduction means you're now itemizing instead of taking the standard deduction, make sure you look at ALL potential itemized deductions! Don't forget: - State and local taxes (up to $10,000) - Charitable contributions - Medical expenses (if they exceed 7.5% of your AGI) - Other mortgage-related expenses like points or mortgage insurance You might find even more deductions you missed, which would mean a bigger refund!
That's a great point! I completely forgot about my charitable donations last year. I gave about $2,200 to various organizations and I have all the receipts. Would that be worth including in my amendment too? Also, do I need to send in copies of my mortgage interest statement and donation receipts with the amendment?
Absolutely include those charitable donations in your amendment! $2,200 is definitely significant and will increase your refund further. Combined with your mortgage interest, you're well over the standard deduction threshold. You don't necessarily need to send in the documentation with your amendment, but you should absolutely keep all those receipts, donation acknowledgments, and your Form 1098 mortgage interest statement with your tax records. The IRS can request substantiation later, especially for amended returns which tend to be reviewed more carefully.
Yes, you actually can e-file Form 1040-X now! The IRS started allowing this in 2020. Most major tax software (TurboTax, H&R Block, TaxAct, etc.) supports e-filing amendments. It's wayyy faster than paper filing and you get confirmation that they received it.
FireflyDreams
Just to add another perspective - I'm a tax preparer (not a CPA, but I work at a tax office) and we see this issue ALL THE TIME. Filing with a name that doesn't match SSA records will 100% get your return rejected. The IRS systems automatically check the name/SSN combo against SSA records before they'll even accept your return for processing. My advice: file with your maiden name now to meet the deadline. After your name change is complete, you don't need to do anything else for this year's return. The IRS doesn't care if your legal name changes mid-year - they only care that the name on your tax return matches what the SSA has on file the moment you file.
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Natasha Kuznetsova
ā¢Does it matter that her state return was already accepted with the married name? Won't that cause problems when the federal return has a different last name?
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FireflyDreams
ā¢States operate their own tax systems separate from the federal IRS system, which is why one might accept a return while the other rejects it. Some states don't verify against the SSA database as rigorously or might batch their verification processes. Having different names on your federal and state returns isn't ideal but it's not catastrophic. When you file with your maiden name federally, include a brief statement explaining the situation with your state return. The key issue is ensuring your tax ID numbers (SSN) match on both returns. Most tax agencies understand that name changes happen and have procedures to handle these timing mismatches.
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Javier Morales
This happened to me!! I got married in November and tried to file in February with my new last name. The return got rejected for the exact same reason. I had to refile using my maiden name since that's what was still in the SSA system. It was annoying but my refund still came through fine after I fixed it. The most important thing is to use whatever name is currently on your social security card. Don't wait to refile - just go back into TurboTax, change back to your maiden name, and resubmit. Better to get it done now than stress about missing the deadline!
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Miguel Castro
ā¢Thank you so much for sharing your experience! I was worried I was the only one dealing with this. I'll go ahead and refile with my maiden name tonight. Did you have any issues with your state return? Mine was already accepted with my married name.
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Javier Morales
ā¢My state return actually got rejected too, but I'm in Texas so we don't have state income tax - it was just for my property tax stuff. I had to fix that one separately. If your state return already went through with your married name, you might want to call your state tax agency and ask them what to do. Some states are more laid back about the name matching than the IRS is. The important thing is that your social security number is consistent on both returns!
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