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Year end bonus payment delayed until 2023 - which tax year does it count for?

So I just found out my company screwed up my year-end bonus payment. It was supposed to be paid out in the last pay period of 2022 (Dec 16-31) but they somehow messed up and I didn't get it until the first paycheck of 2023 (Jan 1-6). When I asked payroll about it, they admitted it was their mistake and that the bonus should have been included in my final 2022 paycheck. Now I'm confused about how this affects my taxes. Does this bonus now count as 2023 income instead of 2022? My total compensation for 2022 was supposed to include this $8,500 bonus, but now it's showing up in my 2023 pay statements. I'm worried this is going to mess up my tax planning since I was counting on that bonus being part of my 2022 income. Can my employer fix this somehow or am I stuck with it counting as 2023 income now?

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!

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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.

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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.

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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...

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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.

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Divorce in progress - Should I file 'Married filing separately' or can I file 'Single' for my taxes?

I'm going through an amicable divorce right now and expecting the final papers to be done by the end of March. I was planning to file my taxes as 'Married Filing Separately' since we're not officially divorced yet. Then my tax guy mentioned I might actually be able to file as 'Single' instead, and now I'm totally confused about which would be better for me. My husband is really pushing for us to file jointly so he can get the tax benefits (of course). If I decide to go with 'Married Filing Separately,' does that mean he has to use that filing status too? Or can he still file differently? Any advice would be super helpful because I'm getting pretty stressed about this whole tax situation on top of the divorce stuff.

Im curious what your CPA meant by saying you could file as "Single" when youre not officially divorced. Maybe they meant Head of Household?? Thats the only other option I can think of if your still technically married but living apart.

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Sometimes tax preparers use incorrect terminology with clients. A good CPA would never tell someone who's still legally married that they can file as "Single" - that's just wrong. But they might have been referring to Head of Household status, which is technically a separate filing status from both "Single" and "Married Filing Separately.

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Just went through this exact situation last year. Whatever you do, make sure you understand what your divorce decree will say about future tax filings for any children involved. My ex and I had to go back to court because our decree didn't clearly specify who could claim our daughter in which years, and it was a huge headache. Get that spelled out clearly now to save yourself future problems!

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Foreclosure without deficiency judgment - is my mortgage debt considered forgiven by the IRS?

I'm currently going through a rough patch and just had my primary home foreclosed on last month. The bank sent me a notice that they sold the property at auction for about $175,000 less than what I owed on the mortgage. However, I noticed in the court paperwork that they specifically checked a box saying "deficiency judgment not sought." Does this mean I'm off the hook for that $175k difference? More importantly, will the IRS consider this "forgiven debt" and send me a 1099-C form? I'm worried that if this counts as forgiven debt, I'll have to pay income tax on that $175k which would be absolutely devastating right now. I tried calling the bank but got bounced around to different departments with no clear answer. My original loan servicer was Chase but it got transferred to a different company during the foreclosure process. Anyone dealt with something similar or know how this works tax-wise? The last thing I need is a surprise tax bill when I'm already trying to rebuild after losing my home.

One thing nobody's mentioned yet is the timing of when debt forgiveness happens for tax purposes. In my case, the foreclosure was completed in 2023, but I didn't receive the 1099-C until 2024. My tax preparer explained that the debt forgiveness is taxable in the year the 1099-C is issued, not necessarily when the foreclosure happens. This means you might think you're in the clear for the 2024 tax year, but then get surprised with a 1099-C that affects your 2025 taxes. Keep an eye on your mail, especially in January/February when tax forms typically arrive.

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Max Reyes

Author

That's really important info - thanks for pointing this out! Do you know how long after a foreclosure a lender typically waits before sending a 1099-C? I'm trying to budget and plan for the worst-case scenario.

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In my experience, lenders usually issue the 1099-C in January of the year following when they make the decision to forgive the debt. However, this can vary widely. Some lenders will issue it the same year as the foreclosure, while others might wait several years. The tricky part is that the decision to forgive the debt (and thus issue a 1099-C) is separate from the decision not to pursue a deficiency judgment. A lender might not seek a deficiency judgment but still keep the debt on their books for years before officially "canceling" it and triggering the tax consequences.

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Has anyone looked into the insolvency exclusion? From what I understand, if your total debts exceeded your total assets immediately before the foreclosure, you might not have to pay tax on the forgiven amount. For example, if you owed $400k on the mortgage, $30k in credit cards, $20k in car loans (total liabilities $450k), but your total assets were only worth $350k, you'd be insolvent by $100k. If the bank forgives $175k of mortgage debt, you could exclude $100k from your taxable income based on your insolvency. I used IRS Form 982 for this when I went through foreclosure. It's technically challenging to complete but can save you thousands.

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This is good info, but I'm confused about how to calculate the value of assets. Do I use market value? And do I include retirement accounts and other stuff I can't easily liquidate?

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Help with IRS CP105 notice - Parents owe more than 100k after gift tax miscalculation

My parents are in a really stressful situation right now and I'm trying to help them figure out what to do. They worked with an accountant to complete a gift tax form (Form 709) related to a life estate deed they set up. Unfortunately, they just received an IRS CP105 notice saying there was some major miscalculation, and now they apparently owe over $130,000! The property in question was purchased for about $270,000 and today's appraised value is around $472,000. The accountant only submitted one Form 709 for both of them, which from what I've read online seems incorrect if they were trying to gift split. I'm planning to call the IRS tomorrow to understand what's going on and then talk to the accountant about potential issues with how the 709 Form was filled out. Has anyone dealt with a CP105 notice before, especially one with such a large amount? Any recommendations on how to proceed? This is way more money than my parents can afford to pay.

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.

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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.

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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.

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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!

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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.

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Need help filing 2020 Amended Return - stuck on Form 1040X for Recovery Rebate Credit

I initially filed my taxes early this year since I only had one W-2 and wanted to get everything done quickly. This is my first time filing as an Independent after being claimed as a Dependent in 2019, which meant I was eligible for the Recovery Rebate Credit since I never got any stimulus checks last year. I think I may have filed TOO early though because my initial credit only included $1200 for the first stimulus. I don't think the system even gave me an option to say I hadn't received the second check when I filed. I owed about $320 in taxes, but my total withholding for 2020 was around $850, which gave me a refund of about $530 on top of that first credit - making my initial refund around $1730. I e-filed through H&R Block, their accuracy check said everything looked fine, and I submitted. The IRS accepted it about 5 weeks ago, but I haven't heard anything since. I recently discovered I should have claimed the second stimulus check too, so I started filing an amended return. I added the additional $600 Recovery Rebate Credit, which brings my total refund to about $2330. But now I'm completely stuck on a page in Form 1040X and don't know how to proceed. Has anyone gone through this process before? Really need some help figuring out this amended return.

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.

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Mei Lin

Author

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?

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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.

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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.

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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.

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