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Something similar happened to me last year with a CP2000. What worked for me was writing a letter requesting "interest abatement" under IRC 6404(e). That's the specific tax code that allows the IRS to reduce interest in cases where there was unreasonable delay caused by an IRS officer or employee. I specifically pointed out the dates: when my original return was filed, when the income information would have been available to the IRS from third parties, and the date they finally sent the notice. I made the case that the delay was excessive and beyond normal processing time. They actually approved it and removed about 8 months of interest charges! Make sure to be super specific about the timeline in your letter and cite the specific law. It needs to go to the specific department listed on your CP2000, not just general IRS addresses.
This is super helpful, thank you! How long did it take them to respond to your abatement request? And did you have to provide any specific evidence beyond just pointing out the timeline?
It took about 6 weeks to get a response, which was actually faster than I expected. I didn't need special evidence beyond clearly outlining the timeline with specific dates. One tip - I made sure to include all the reference numbers from the CP2000 notice at the top of my letter and made it very clear I wasn't disputing the actual adjustment, just the interest. I think that helped it get processed faster since they knew I wasn't challenging the underlying tax assessment. I also kept it to one page and very factual - no emotional language about how unfair it was. Just dates, facts, and the specific tax code.
Has anyone tried calling the Taxpayer Advocate Service about this kind of issue? I had a similar problem with a different notice and they were actually pretty helpful. They're technically separate from the IRS and can sometimes intervene when there are hardships or unfair procedures.
I tried the Taxpayer Advocate last year for a similar issue but they told me they couldn't help because it wasn't an "economic hardship" situation. Seems like they're really only equipped to help if you're facing immediate financial difficulty, not just regular interest disputes. Worth a shot I guess but they're also super backed up these days.
Good point about the hardship requirement. I think my situation qualified because I was facing a lien at the time. For regular interest issues, probably better to go with the interest abatement request directly to the IRS like others mentioned. The Taxpayer Advocate is really more for when you're truly stuck in the system or facing serious consequences.
One important thing to note that hasn't been mentioned yet - the timing of your return of excess contribution matters a lot. If you withdraw excess contributions before your tax filing deadline (including extensions), you won't be taxed on the earnings from those contributions. But if you miss that deadline, you'll have to pay a 6% tax on the excess amount for each year it remains in your account. So even though your distribution wasn't coded properly, the fact that you took it within the same tax year is good!
Does the timing issue apply differently for Roth vs Traditional IRAs? I have a similar situation with both types of accounts and I'm confused about which deadlines apply to each.
The timing rules are actually the same for both Roth and Traditional IRAs. For both types, you need to withdraw excess contributions (and any earnings on those contributions) by your tax filing deadline including extensions (typically October 15th) to avoid the 6% excise tax penalty. The main difference is in how the earnings are treated. For Traditional IRAs, the earnings are generally taxable in the year you make the withdrawal. For Roth IRAs, the earnings are also taxable if you withdraw them, but they may additionally be subject to the 10% early withdrawal penalty if you're under 59½ and don't qualify for an exception.
Has anyone used Form 5329 for this type of situation? I'm wondering if I need to file that along with my tax return when dealing with the improperly coded distribution.
Quick question for anyone who's done this: if the entire $6000 was excess, does Vanguard just close your Roth IRA completely? Or do they just remove the money but keep the account open?
Word of warning from someone who procrastinated on fixing an excess contribution - the 6% penalty really adds up over multiple years. Don't wait to fix this! I ended up paying almost $1100 in penalties because I waited over 3 years to correct mine.
Another option you might want to consider is a Charitable Remainder Trust (CRT). You contribute the appreciated asset to the trust, get an immediate partial tax deduction, and the trust sells the asset tax-free. The trust then pays you an income stream for life or a set period, and the remainder goes to charity when the trust ends. The math can work out quite well if you're planning to hold the asset long-term anyway. I did this with some tech stocks that had appreciated 1000% and it saved me a ton in capital gains while providing steady income.
Would this work for crypto? I've got some ETH that's gone up like crazy and I'm trying to figure out how to cash some out without giving half to Uncle Sam.
Yes, it can work for cryptocurrency. The key is that the trust sells it after you've donated it, so the trust itself doesn't pay capital gains tax on the appreciation. You'll need to find a trustee comfortable with handling crypto assets though, as some traditional trustees aren't familiar with the process. Keep in mind that you're ultimately giving a portion to charity - this isn't a strategy to avoid taxes completely while keeping all the money. But the tax benefits plus the income stream can make the math very favorable compared to just selling and paying capital gains tax directly.
Has anyone actually tried the S-Corp to Wyoming LLC to trust strategy the OP mentioned? I've heard claims that Wyoming entities provide strong asset protection, but I'm skeptical about the tax benefits. Seems like the IRS would see through this pretty quickly.
I looked into something similar for my business. The Wyoming LLC part can work for privacy and some liability protection, but it doesn't magically change your tax situation. The IRS follows the money regardless of how many entities you put in between. And trying to loan yourself money through your own entities gets really tricky really fast.
Yuki Tanaka
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Yuki Tanaka
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Andre Laurent
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