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Don't forget about state taxes! Everyone's talking about federal returns, but if your partner lives in a state with income tax, they'll need to file those past returns too. Some states have separate amnesty programs or different penalties than the IRS.
That's such a good point I completely overlooked! We're in California, so definitely have state taxes to deal with too. Would the process be similar for catching up on state returns?
The process for California is similar but has some key differences. You'll need to file the past state returns separately using California's specific forms for each tax year. California's Franchise Tax Board (FTB) has their own document retrieval system, penalties, and payment plans that are separate from the IRS. What's actually helpful is that California has an online system that's sometimes easier to navigate than the federal one. You can register for a MyFTB account to access wage information and other tax documents the state has on file. Their payment plans tend to be shorter than IRS plans though, usually 12-36 months instead of up to 72.
has anyone used one of those tax relief companies that advertise on radio? they claim they can settle with irs for pennies on the dollar. my brother owes like $40k and is thinking of using one
I'd be very cautious about those tax relief companies. What they're referring to is called an "Offer in Compromise" which is a legitimate IRS program, but most people don't qualify for it. These companies often charge thousands of dollars upfront with no guarantee of results. The IRS only accepts offers when they believe the amount offered is the most they can expect to collect within a reasonable time period. Your brother would need to prove significant financial hardship. Many of these companies take large fees and submit applications that get rejected anyway.
Just throwing this out there - has anyone checked if they entered a different filing status between 2021 and 2022? I got the same IND-031-04 error because I filed as Single in 2021 but Head of Household in 2022, and somehow that was causing conflicts with the way I entered my prior year AGI. My tax preparer had to call the IRS to sort it out.
I'm having this exact issue! Filed as Married Filing Jointly last year but now I'm divorced and filing as Single. Getting rejected with IND-031-04. Did changing the filing status alone fix your problem or was there something specific your preparer had to do?
The filing status change itself wasn't actually the problem - it was how the AGI was being validated. When your filing status changes, you still need to use the exact AGI from your previous return, but the system sometimes gets confused about how to match your identity with the different status. My preparer had the IRS verify my identity using additional information beyond just the AGI - they confirmed my date of birth, address, and the last 8 digits of my previous year's return. After they manually verified me in their system, I was able to e-file without issues. The rep also mentioned that entering $0 as the prior year AGI sometimes works as a bypass when there are filing status changes, but that wasn't successful in my case.
Has anyone tried using the IRS online account system to verify their exact AGI instead of relying on tax documents? I had this same issue and discovered the AGI shown in my online IRS account was actually $34 different from what my tax software showed for my 2021 return due to some adjustment the IRS made after processing. Once I used the exact AGI from the IRS account, my return was accepted immediately.
This is actually really smart. I didn't even think to check my IRS online account. Where exactly in the account can you find your official AGI? I'm logging in now but there's so many different sections.
Look for the "Tax Records" section after you log in. Then select "Transcripts" and request a "Return Transcript" for 2021. The AGI will be clearly labeled on that transcript. If you don't see it right away, search for "Adjusted Gross Income" on the page or look for line 11 from Form 1040. Sometimes the IRS makes small adjustments to returns after processing them, which can create differences between what your tax software shows and what the IRS has on record. These adjustments might be for math corrections, misapplied payments, or other technical reasons. The transcript shows exactly what's in their system, which is what the validation is checking against.
Question about mining - if I mined some crypto instead of buying it, how does that get taxed? Is it different from just buying and selling?
Mining is actually taxed completely differently! When you mine cryptocurrency, the IRS considers the fair market value of the coins you receive as ordinary income on the day you receive them. You have to pay taxes on that value immediately, even if you don't sell the crypto. Then, if you later sell those mined coins, you'll also have a capital gain/loss based on the difference between the value when you mined them (already taxed as income) and what you sold them for. So mining essentially creates a two-step tax situation: income tax when mined + capital gains tax when sold. This is why many miners set aside around 30-40% for taxes.
if you use one of those crypto debit cards where you spend your crypto directly does that still count as selling? asking for a friend lol
Yes! Using a crypto debit card is considered selling your crypto and then using the proceeds to buy something. Each purchase creates a taxable event. The IRS sees it as if you sold your crypto for USD first, then made the purchase.
If your tax attorneys have proof the forms were sent, you should be fine eventually, but prepare for a long battle. The IRS is notorious for losing documents, even when they're delivered with signature confirmation. I had a similar situation with a different form last year. What worked for me was having my tax professional send a formal protest letter with: 1) A copy of the original form that was submitted 2) Proof of mailing (USPS tracking showing delivery) 3) A formal request for abatement citing "reasonable cause" 4) Reference to Internal Revenue Manual 20.1.1.3.2 which covers reasonable cause criteria The penalty was eventually removed but it took almost 7 months of back and forth. Be prepared to be patient and keep meticulous records of all communications. And NEVER talk to the IRS directly without your tax attorney present.
Is the process any different if the form was actually incomplete rather than just lost? The back of OP's notice mentions incorrect information. My situation is similar but I'm pretty sure I messed up a section of my foreign trust reporting.
For incomplete forms, the process is more complicated. The IRS is much less forgiving about errors than they are about delivery issues. If you knowingly submitted an incomplete form, you'll have a harder time proving reasonable cause. Your best option would be to immediately file a complete and correct form, then request abatement based on making a good faith attempt to comply, especially if this is your first time dealing with this form. Emphasize any complexity or confusion in the instructions that led to the error. If you relied on professional advice that resulted in the incomplete filing, that can also support reasonable cause.
Check if your company's tax lawyers sent it certified mail with return receipt! If they did and have that receipt, your case is much stronger. The Form 3250-A penalties are insanely harsh but the IRS is actually reasonable about abating them when you can prove you attempted to comply. Also, ask your tax attorneys if they included a Form 843 (Claim for Refund and Request for Abatement) with their response to the IRS. That's the official form for requesting penalty abatement and is crucial for getting this resolved properly. One last thing - if this drags on, keep an eye on the collection deadline. The IRS can be slow processing abatement requests but quick to send accounts to collections. Make sure your attorneys request a formal collection hold while your case is being reviewed.
I made this exact mistake - didn't request a collection hold. Even with my abatement request under review, they sent me to collections and I had to deal with a whole separate department. Definitely make sure they formally pause collections while this is being sorted out!
Salim Nasir
Been a landlord for 15 years. Here's the simple version: Regular rental activity = passive income = NO self-employment tax, even with QBI. The confusion happens because QBI requires "trade or business" activity, which sounds like it would trigger SE tax, but the IRS specifically carved out rental real estate as an exception. You only pay SE tax if you're basically running a hotel/B&B type operation OR if you're a real estate dealer (buying/selling properties as your primary business). Just collecting rent, handling repairs, finding tenants, etc. won't trigger SE tax.
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Hazel Garcia
ā¢What about short term rentals like Airbnb? I have a vacation property I rent out and I'm taking QBI on it, but now I'm worried about the self employment tax thing.
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Salim Nasir
ā¢Short-term rentals exist in a gray area that depends entirely on the level of services you provide. If you're just providing the basic rental with minimal services (cleaning between guests, basic amenities), it's still generally treated as rental income without SE tax. If you're providing substantial services like daily cleaning, breakfast, concierge services, guided tours, etc., then it starts looking more like a hotel operation and could trigger SE tax. The more your rental resembles a hotel experience rather than just a place to stay, the more likely you'll face SE tax. This is true even if you're using Airbnb or similar platforms.
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Laila Fury
Anyone know if property management fees count toward the "services" that might trigger self employment tax? I own the properties but pay a company to handle everything.
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PaulineW
ā¢Using a property management company actually strengthens your position that it's passive income not subject to self-employment tax. When you hire a management company, you're further removed from the day-to-day operations, which reinforces the passive nature of your investment. The management company might need to pay self-employment tax on their fees (depending on their business structure), but you as the property owner are just collecting passive rental income. This arrangement makes it very clear that you're an investor, not running an active business, so you can still potentially qualify for QBI without worrying about SE tax.
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