


Ask the community...
One thing nobody has mentioned yet is that you need to check your 1099-B from your broker carefully! Often they don't include the correct cost basis for RSUs and you'll need to make an adjustment on your tax return. Most brokers will show a cost basis of $0 for RSUs or an incorrect amount, which means you'll need to manually adjust this on Form 8949 by checking box "B" and entering code "B" in column (f) to indicate that you're correcting the cost basis. Then you enter your actual cost basis (FMV at vesting). This is a super common issue that trips up a lot of people with RSUs.
That's really helpful - I just checked my 1099-B and you're right, the cost basis shown is way off! So I need to use Form 8949 and check box "B" to make this correction? Do I need to include any supporting documentation with my return to explain the adjustment?
You don't need to include any additional documentation with your return to explain the adjustment. The IRS is familiar with this situation for RSUs. Just make sure you keep records of your RSU grant documents, vesting schedules, and the fair market value on vesting dates in case you're ever audited. When completing Form 8949, you'll enter the information from your 1099-B in columns a through e, then in column f enter code "B" (for basis adjustment), and in column g enter the difference between your correct basis and what's reported on the 1099-B. This effectively adjusts the basis to the correct amount for calculating your gain or loss.
I made a horrible mistake with my RSUs last year that cost me thousands. I didn't realize the 1099-B was wrong and just entered everything as-is in my tax software. I basically paid tax twice on the same income - once when it vested (on my W2) and again when I sold the shares because the cost basis was wrong. If anyone else has already filed with this mistake, you can file an amended return (Form 1040-X) to fix it and get a refund. I did this and got back about $2,300 in taxes I shouldn't have paid.
How far back can you amend returns for this kind of mistake? I think I might have done the same thing for the past 3 years π¬
Don't forget to consider amended payroll returns! I went with a company that charged 15% but then completely screwed up our 941-X forms. The IRS rejected our first submission and we had to refile, adding months to the process. Make sure whoever you use has extensive experience specifically with the 941-X amendment process for ERC claims. Also ask about their audit support - what happens if the IRS questions your claim 2 years from now? Good firms offer support through any future audits related to the ERC claim.
What's the 941-X form? My payroll company said they'd handle everything but now I'm worried they might miss something.
Form 941-X is the Adjusted Employer's Quarterly Federal Tax Return that you need to file to claim the ERC retroactively. It's essentially an amendment to your original quarterly tax filings. Most payroll companies are good with regular payroll processing but many don't have specialized experience with ERC claims on the 941-X. The form requires specific line items to be completed in a certain way to properly claim the credit. I'd recommend asking your payroll company specifically about their experience processing ERC claims via 941-X and what their success rate has been. If they seem vague or uncertain, you might want to consider a specialist firm instead.
Be careful!!! The IRS announced they're putting a moratorium on processing new ERC claims starting September 14, 2023 through at least the end of the year. They're doing this because of the huge number of fraudulent claims. If you haven't filed yet, you might be waiting a LONG time. Make sure whoever you go with is legitimate - the IRS is specifically targeting "ERC mills" that file inappropriate claims. The penalties can be severe. Better to wait and do it right than rush and get caught in their enforcement.
Your situation is exactly why I left H&R Block after 15 years and started my own practice. Tax software is good for W-2 employees with straightforward situations, but it misses so many opportunities for complex returns. With nearly a million in capital gains plus multiple retirement vehicles AND a small business, you need someone who can integrate all these elements. The software won't catch everything because it can't see the connections between different parts of your financial life. Remember tax software is designed to be correct, not optimal. Big difference.
What specific things do you think software would miss in my situation? I'm trying to get a sense of what the actual value would be beyond just filling in forms correctly.
Software often misses timing strategies for realizing capital gains and losses that could significantly impact your tax burden. With your large gain, spreading recognition across tax years might have been beneficial, but that opportunity may have passed depending on how the sale was structured. Software also tends to be limited in integrating business expenses with personal tax strategy. With your wife's solo business, there are potential entity structure considerations and retirement planning opportunities beyond just the solo 401k that might optimize your overall tax situation. The interplay between her business income, your capital gains, and your retirement planning needs a holistic approach that most software simply isn't designed to provide.
I'm curious what tax software others have used for capital gains? I'm using TurboTax Premier now but wondering if there's better options for investment stuff.
Just want to add something important about Head of Household that nobody mentioned yet. If your sister is still claiming your niece as a dependent, you should make sure she actually legally CAN claim her. The IRS has a "residency test" for claiming a qualifying child - generally, the child must live with the parent/guardian for more than half the year. If your niece lives with you full-time for 9+ months, your sister technically might not be eligible to claim her anymore. The IRS would consider you to have the stronger claim since the child lives with you. This isn't just about who "gets" to claim the dependent - filing incorrectly could trigger audits for both of you.
That's a really good point I hadn't considered. So you're saying that based on the residency test, my sister might not actually be eligible to claim my niece anymore since she's been living with me for most of the year? I definitely don't want either of us to get audited. Do you know if there's any exception to this residency test? Like if there's some kind of temporary arrangement or something? We didn't really think about the tax implications when my niece came to stay with me.
Yes, that's exactly what I'm saying. The residency test is pretty clear - a qualifying child must live with the taxpayer for more than half the year. With your niece living with you for 9+ months, your sister likely doesn't meet this requirement anymore. There are some exceptions to the residency test, but they're limited to specific situations like temporary absences (medical care, education, vacation, etc.), children of divorced or separated parents with a formal agreement, or kidnapped children. From what you've described, it doesn't sound like any of these exceptions would apply in your situation. I'd recommend having an honest conversation with your sister about the tax situation. The IRS would consider you to have the stronger claim to be the qualifying taxpayer for your niece based on the residency test.
I went through this EXACT situation with my younger brother! Here's what I learned: For Head of Household, you need: 1) Be unmarried on Dec 31 2) Pay more than half of keeping up your home 3) Have a qualifying person live with you more than half the year The key is that "qualifying person" part. Since ur sister still claims your niece as a dependent, you can't use her to qualify for HOH. Its not just about who lives with who, but who can legally claim who as a dependent. My advice: talk to ur sister. If the kid lives with you full time, YOU should probably be the one claiming her as a dependent, not your sister. Then you'd qualify for HOH plus child tax credits. Would make more sense tax-wise given the actual living arrangement.
This is the right answer! The residency test is super important for determining who can claim a dependent. If the niece lives with OP for most of the year, the sister technically shouldn't be claiming her unless there's a special exception. In my experience, the tax benefits for the person who has the child living with them (HOH status + child tax credits) are usually much better than just claiming a dependent who doesn't live with you. Might be worth both sisters calculating their taxes both ways to see what makes the most financial sense for the family as a whole.
Carmen Ruiz
Check if your state has a cap on how much assessed value can increase year-over-year. In my state, there's a 3% cap for primary residences. If your assessed value jumped that much in one year, it might actually be illegal depending on your local laws. Also, make sure you're getting all the tax breaks you're entitled to. When we bought our house, we had to specifically apply for the homestead exemption - it wasn't automatic. That saved us about $800/year. And definitely file that appeal ASAP!
0 coins
Zara Malik
β’I had no idea about these caps! I'll definitely look into that for our state. Do you know if these exemptions are something we can apply for retroactively? We bought in 2022 but never filed for any exemptions because we didn't know about them.
0 coins
Carmen Ruiz
β’In most places, you can apply for exemptions like homestead retroactively, but usually only for the current tax year and maybe the previous year. It varies by location though. When you call your assessor's office, specifically ask about retroactive applications for exemptions. Also, if this is your primary residence and you've lived there since you purchased in 2022, make sure the county knows that. Sometimes they assess at a higher rate if they think it's a rental or second home. Just having the property correctly classified can make a big difference in your tax bill.
0 coins
Andre Lefebvre
one thing nobody mentioned yet - check if the previous owners had any special exemptions that fell off when you purchased. my parents had a senior exemption that saved them about $900/yr, so when i bought their house my taxes went up by that amount even though the assessed value stayed the same. its worth asking the county if thats what happened in your case.
0 coins
Zoe Dimitriou
β’Good point. When I bought my house, the previous owner was a veteran with a disability exemption. My taxes were way higher than what they had been paying, but there was nothing wrong with the assessment itself. Just the exemptions changing.
0 coins
Zara Malik
β’That's really interesting and something I hadn't considered. The previous owners were an older couple who had lived there for about 15 years, so they might have had some exemptions we don't qualify for. I'll definitely ask about this when I contact the assessor's office!
0 coins