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Ask the community...

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Dananyl Lear

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19 Former tax preparer here. Make sure that when you're submitting your abatement request, you specifically cite Treasury Regulation 1.6664-4, which covers reasonable cause due to reliance on a tax professional. You need to demonstrate three things: 1) The adviser was a competent professional with sufficient expertise 2) You disclosed all relevant facts to the adviser 3) You actually relied in good faith on the adviser's judgment Also, get a statement from your accountant acknowledging they made the filing determination. This significantly strengthens your case.

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Dananyl Lear

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5 Would the accountant be liable for any of the penalties since they're the ones who made the mistake? I'm dealing with something similar where my accountant completely missed reporting my crypto transactions.

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Dananyl Lear

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19 The accountant generally wouldn't be directly liable to the IRS for the penalties, as the ultimate responsibility for tax compliance falls on the taxpayer. However, you may have a potential claim against the accountant for professional negligence or malpractice. For your crypto situation, that's a bit different. Cryptocurrency reporting requirements have evolved rapidly, and there's been some confusion among tax professionals. Still, if your accountant knew about your crypto transactions and failed to report them properly, you should document this thoroughly when requesting abatement, and consider whether their error rises to the level of professional negligence.

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Dananyl Lear

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8 I feel your pain! My husband and I had a similar issue with our LLC last year. Our saving grace was IRS Revenue Procedure 84-35, which provides special penalty relief for small partnerships (10 or fewer partners). Since you mentioned it's just you and your husband, you might qualify. This is IN ADDITION to the reasonable cause argument others have mentioned. The key requirements are that all partners are individuals (not corporations), all income was timely reported on your personal returns, and each partner's share of each partnership item is the same as their share of every other item. Might be worth mentioning specifically in your abatement request!

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Dananyl Lear

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1 That's really helpful! I'll definitely look into Revenue Procedure 84-35. Does this apply even if we technically filed Schedule C forms instead of partnership returns? All of our income was definitely reported on our personal returns - we paid all the taxes we owed, just on the wrong forms apparently.

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Levi Parker

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Another possibility no one's mentioned - check if you opted to purchase audit protection or some other add-on service when you filed your taxes. A lot of tax prep software offers "audit defense" or "audit protection" for around $40-70, and some have more comprehensive packages in the $200-400 range that get automatically added to your filing fees and deducted from your refund. Sometimes these get added during the filing process and people don't realize they've opted in. Worth checking your tax prep confirmation email or logging back into the software you used to verify all the fees.

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KingKongZilla

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This is actually a great point that hadn't occurred to me! I just checked and you're absolutely right - I apparently signed up for their "Complete Protection Bundle" for $425 which got deducted from my federal refund. The description shows it includes audit defense, tax expert assistance, and identity protection. I honestly have zero recollection of agreeing to this! Must have clicked through too quickly during the filing process. That plus the standard $75 processing fee accounts for almost exactly the missing amount. Mystery solved! Thank you so much for suggesting this - I would have continued freaking out while waiting for some explanation from the IRS that was never going to come. Lesson learned to pay more attention to those "recommended" add-ons during the filing process.

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Libby Hassan

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Happened to my cousin too! Turns out when he used TurboTax he got that "Audit Defense" thing without realizing it. Check your confirmation email from whatever tax software you used. Should show all fees and if they were taken from your refund.

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The tax prep companies are so sneaky with this stuff. They make those screens with the add-on services look like you NEED to select something, when really "none" is an option they hide or make look risky. I almost got charged $200 for their "MAX" bundle until I noticed and unchecked it.

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One thing nobody's mentioned yet is that you might want to stop claiming the home office deduction for a period before selling. If you convert the office back to personal use for at least 2 years before selling, you might be able to avoid this issue altogether. I did this and was able to get the full exclusion on my entire house.

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Diego Vargas

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That's interesting! So if I stop using the room as an office and just use it as a normal bedroom or something for 2 years before selling, would that fix the problem completely? What about the depreciation I've already taken in previous years?

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Converting back to personal use can help with future capital gains treatment, but unfortunately any depreciation you've already taken will still need to be recaptured when you sell. That's unavoidable. The good news is that only applies to the actual depreciation you claimed, and only for the period you claimed it. So stopping the home office deduction now won't erase past depreciation, but it prevents you from creating more tax liability going forward.

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Aisha Khan

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I just went through this when selling my house last month! What saved me was keeping meticulous records of all home improvements I made over the years. Those all add to your cost basis and reduce the taxable gain, which is especially important for the home office portion. Make sure you have receipts for everything - new roof, kitchen remodel, bathroom updates, even smaller upgrades like ceiling fans or a water heater.

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Ethan Taylor

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Does this really make a big difference? And what about regular maintenance stuff like painting or fixing things that break? Can those count too?

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Laila Prince

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Im sorry but all these people saying joint filing is better are giving generic advice. My wife and I SAVE money filing separately bc she has income based student loan repayment. By filing separately her student loan payments are like $150/month vs $900/month if we file jointly bc my income wouldn't be counted for her loan calculation. So even tho we pay maybe $800 more in taxes filing separately, we save like $9000 a year in student loan payments!!! You gotta run the numbers both ways and look at the WHOLE financial picture, not just the tax part.

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Isabel Vega

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This is such a good point! The exact same situation applies to us - the student loan savings from filing separately FAR outweigh the tax benefits of filing jointly. It's absolutely worth calculating both ways. Also worth noting that if you're on PSLF (Public Service Loan Forgiveness), filing separately can dramatically reduce your required payments while you're working toward forgiveness, which is basically free money if you're going to get the loans forgiven anyway.

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I'm an accountant and the biggest mistake I see clients make is assuming the answer is the same year after year. Your optimal filing status can change based on: 1. Changes in income distribution between spouses 2. Medical expenses exceeding the AGI threshold 3. Student loan situations as others mentioned 4. Rental property or business losses 5. Risk of tax debt (filing separately can protect one spouse from the other's tax liability) 6. MAGI thresholds for certain deductions and credits Do yourself a favor and calculate both ways every year - or have your tax preparer do it. The software makes it pretty easy to compare.

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Thanks for the professional perspective! I didn't even think about how this could change year to year. So basically I need to run the numbers both ways each tax season to see which is better for our specific situation? Is there a quick way to estimate which might be better without doing the full tax return twice? Maybe some rules of thumb about when separate filing tends to be better?

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Yes, calculating both ways each year is the safest approach since tax laws and your financial situation both change over time. For a quick estimation, separate filing tends to be more beneficial in these specific scenarios: 1. When one spouse has medical expenses exceeding 7.5% of their individual AGI (but not of joint AGI) 2. When income-based student loan repayment is involved (as others mentioned) 3. When one spouse has significant miscellaneous itemized deductions 4. When you want to keep tax liability separate (e.g., concerns about tax debt or refund offsets) 5. When one spouse qualifies for certain income-based benefits that would be lost with combined income Most tax software has a "what-if" scenario tool that lets you compare filing statuses without recreating the entire return. It's usually just a few clicks to see the difference, and it's absolutely worth checking every year.

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PixelPioneer

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Another weird thing about Roth IRAs that confused me is how the contribution limits work across different accounts. Like if you have both a Traditional and Roth IRA, the combined limit for 2022 was $6,000 total (or $7,000 if you're over 50). I thought each account had its own separate limit at first. Also, don't forget that your ability to contribute to a Roth phases out at higher incomes. For 2022, it starts phasing out at $129,000 for single filers and is completely phased out at $144,000. For married filing jointly, it's $204,000-$214,000.

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Wait, what if I already contributed to my employer's 401k? Does that reduce how much I can put in my Roth IRA? And do rollovers from previous employer 401ks count against the contribution limits?

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PixelPioneer

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Contributing to your employer's 401k doesn't reduce how much you can put in your Roth IRA. The limits are completely separate, so you can max out both if you have the funds. For 2022, you could contribute up to $20,500 to your 401k AND still put $6,000 in your IRA. Rollovers from previous employer 401ks to an IRA don't count against your contribution limits at all. You can roll over any amount without affecting your ability to make your annual IRA contribution. That's actually a great way to consolidate your retirement accounts without using up your yearly contribution space.

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Paolo Rizzo

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Just a heads-up for anyone considering making retroactive 2022 contributions - don't forget to tell your broker WHICH TAX YEAR the contribution is for!! I made a contribution in March thinking it would automatically count for 2022, but they defaulted it to 2023. Had to call and have them fix it. Also, keep good records! I got super confused during tax time because I had made contributions in January 2022 (for 2021) and then more contributions throughout 2022 (for 2022). The 5498 form you receive won't arrive until May, so you need to track this yourself.

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Amina Sy

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So true! My Vanguard account defaults to the current year unless I specifically select the previous year. Does anyone know if there's a way to fix this if you realize the mistake after a few months? Like if I contributed in February but just now realized it went to the wrong tax year?

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Paolo Rizzo

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If you catch the mistake within the same tax year, you can usually get it fixed by calling your brokerage. They have a process for redesignating contributions to the correct tax year. But there's a deadline - you can't redesignate after the tax filing deadline (April 18th this year). If you discover it after the deadline passed, it gets much more complicated. You might face excess contribution penalties if the mistaken designation put you over the limit for a year. Some brokerages will work with you on this issue, but it's always best to triple-check the year designation when making contributions between January and April!

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