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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.
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?
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.
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.
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.
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.
Your brother should know that even if the IRS doesn't immediately come after him for not filing, it can cause problems later in life. I didn't file for two years during college because I thought my income was too low to matter. Fast forward five years, and I couldn't get approved for a mortgage because the lender required tax transcripts for the past seven years. Had to file those returns retroactively and it delayed our home purchase by months. The IRS eventually creates a substitute return for non-filers, but they don't include any deductions or credits you might be eligible for. They basically assume worst-case scenario for your taxes. Tell your brother it's much easier to deal with this now than years down the road.
Did you get penalized when you finally filed those old returns? Was it complicated to do the back filing?
I didn't get penalized because I was actually owed refunds for both years - turns out I had way too much withheld from my paychecks. There's generally no penalty when the IRS owes you money, but you only have 3 years to claim those refunds. Back filing wasn't too complicated, but it was annoying having to track down old documents and W-2s from employers I no longer worked for. I had to contact the IRS for wage transcripts since one employer had gone out of business. The whole process took about a month to gather everything and file. If I'd owed money, I would have faced failure-to-file penalties plus interest for those years.
Has anyone mentioned to this kid that if he's due a refund, he's literally leaving his own money on the table? When I was 18, the only reason I filed taxes was because I got back almost all the federal taxes that had been withheld from my part-time job. It was like a bonus check!
Just a heads up to make sure you're claiming the right education credit! The American Opportunity Credit is usually better than the Lifetime Learning Credit for undergrads because the max is $2,500 instead of $2,000, AND 40% of it is refundable even if you don't owe taxes. But AOTC can only be claimed for 4 years per student, while the Lifetime Learning has no limit. Also, AOTC requires the student to be pursuing a degree and enrolled at least half-time, while LLC doesn't have those requirements.
Thanks for the additional info! Yes, this would be her first year of the AOTC since she's a freshman. Does it have to be 4 consecutive years or just 4 years total? Like if she takes a gap year, would we lose one of the years?
It's 4 years total for the student's lifetime, not necessarily consecutive. So if your daughter takes a gap year, you won't lose a year of eligibility. You can claim it for any 4 tax years, as long as she meets the other requirements each year (enrolled at least half-time in a degree program, hasn't completed first 4 years of education, etc.). Just keep good records of which years you've claimed it, especially if she transfers schools or takes time off, so you don't accidentally go over the 4-year limit.
Has anyone tried using the IRS's Interactive Tax Assistant for education credits? I found it super helpful last year when trying to figure out which education credit to claim. You answer some questions and it tells you which credit you qualify for.
I tried it but found it to be too basic for my situation. It didn't help much with the more complicated scenarios like how to handle scholarships vs loans vs out of pocket expenses. The questions were too general.
CyberNinja
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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ShadowHunter
ā¢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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CyberNinja
ā¢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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Mateo Lopez
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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Aisha Abdullah
ā¢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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