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Has anyone else had their 1099-R coded as a "1" instead of "G" for a rollover? The investment company told me they are required to code it as "1" because the check was made out to me (even though it was "for benefit of" my new IRA). This seems wrong - now it looks like I took an early distribution!
Yes! This happened to me too. They coded mine as a "7" (I'm over 59.5) even though it was definitely a rollover. My tax guy said the important thing is to mark it as a rollover when entering it into tax software. He said the IRS reconciles this with the 5498 form your receiving institution files showing the money went into another IRA.
Thanks for confirming! That makes me feel better. I didn't realize the receiving institution files a Form 5498 that the IRS can match to my rollover. That makes sense that there would be a paper trail on both ends. I've been keeping all my documentation just in case, but it's good to know there's an additional safeguard in the system.
One thing nobody mentioned - if you're doing a rollover where they send you the check, make sure they DON'T withhold taxes! My company withheld 20% automatically and I had to come up with that extra money out of pocket to complete the full rollover amount within 60 days. Such a pain.
Oof, that's a really good point. I had the same issue with a 401k rollover (not an IRA). Had to scramble to find extra cash to make up the withheld amount. Then had to wait for the tax refund the following year to get that withheld money back.
I'm a bit confused about everyone saying the OP has rights here. If you sold your ownership and are completely out of the business, isn't it the current owner's problem now? When I sold my share of a business, I was just given a final K-1 and that was that.
The key difference is that OP was a 50% owner for the ENTIRE year in question. It's not about current ownership - it's about who had ownership during the tax period being filed. The business operations during that year were under both partners, so both should have input on how those operations are reported to the IRS.
Don't forget that you can always file Form 8082 (Notice of Inconsistent Treatment) if you disagree with how the partnership return was filed. This lets you take a position on your personal return that's different from what's reported on your K-1. It's not ideal, but it's a fallback option if your ex-partner refuses to cooperate.
Wouldn't filing an 8082 potentially trigger an audit though? I've always heard this form raises red flags with the IRS.
Filing Form 8082 doesn't automatically trigger an audit, but it does increase the chances of your return getting a closer look. However, that increased scrutiny is often limited to the specific items you've reported inconsistently, not your entire return. The important thing is to have solid documentation supporting your position. If you're right on the merits and can back up your treatment with records and tax law, an audit shouldn't be a major concern. Many tax professionals consider it better to file an 8082 than to report income or deductions incorrectly just to match an improper K-1. The penalty for failing to file an 8082 when required can be substantial ($50 per inconsistency), plus any additional penalties if the inconsistency results in understating your tax.
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.
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!
Emma Wilson
I think everyone's overcomplicating this. IRC 334(b)(1) is pretty clear - in a 332 liquidation, the basis of property received by the parent corporation is the same as it was in the hands of the distributing corporation. No choices, no elections, just a straightforward carryover basis rule. The parent might have choices about HOW to structure the transaction in the first place (like whether to qualify for 332 treatment), but once you're in 332 territory, the basis rules in 334(b) are fixed.
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Malik Davis
ā¢But what about Section 336(e)? Doesn't that election let you treat the liquidation differently for basis purposes? I thought that gave corporations some flexibility in how assets are valued during liquidation.
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Emma Wilson
ā¢Good question about 336(e). That election is different - it applies to certain stock dispositions, not to the liquidation itself. A 336(e) election can apply when a corporation sells stock of a subsidiary, and it essentially treats the transaction as an asset sale rather than a stock sale. But in a straight 332 liquidation where the parent is receiving assets directly from its subsidiary, 334(b)(1) controls and mandates carryover basis. The flexibility you're thinking about might relate to planning opportunities before the liquidation, but not to the basis determination once you're in a qualifying 332 liquidation.
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Isabella Santos
Speaking from experience, the original poster should be extremely careful about relying on forum advice for something this complex. I made that mistake with a similar corporate liquidation scenario last year. I recommend consulting a corporate tax specialist because these transactions have many moving parts beyond just the basic code provisions. Things like E&P, previously taxed income, loss disallowance rules, etc., can all affect the overall tax results even if the basic carryover basis rule is straightforward.
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Ravi Gupta
ā¢Totally agree. My company did a subsidiary liquidation last year and we got caught by the built-in loss limitations we didn't know about. Cost us a fortune. Would have been worth paying a specialist!
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