


Ask the community...
One thing to watch out for with cancellation of debt and the insolvency exception is timing. The YEAR the debt was canceled is super important. I had a similar situation where a debt was actually forgiven in 2021, but the company didn't report it to the IRS until 2022. I had to prove that my insolvency status should be evaluated based on my 2021 financial situation, not 2022 when my finances had improved. If you have documentation showing when the actual debt cancellation occurred (like letters from the lender), make sure to include that with your CP2000 response if it's different from the year they reported it.
How did you prove when the debt was actually canceled versus when it was reported? I'm not sure I have any documentation from Yamaha showing exactly when they decided to cancel my debt. The CP2000 just shows it was reported for tax year 2022.
I had to contact the lender directly and request documentation showing when they made the decision to cancel the debt. In my case, they had sent a letter in 2021 that I'd forgotten about, and I was able to get them to send me another copy. If you don't have anything from Yamaha, call their financial services department and specifically ask for documentation showing when they canceled your debt. Explain that you need it for tax purposes. Most lenders keep detailed records of debt cancellations because they have to report them to the IRS.
Don't forget that responding to a CP2000 isn't your only option! If you can't prove insolvency or don't qualify, you might want to look into an installment agreement to pay the tax gradually. I owed about $2,000 from a similar situation, and I set up a payment plan of $50/month. The IRS was actually pretty reasonable about it. You can set up a plan online if you owe less than $50,000 total.
Don't forget Box 15 on your 1099-DIV should tell you how to treat the Non-Dividend Distribution. There are different codes that indicate if it's a return of capital (ROC) or something else. Most commonly it's code "R" for return of capital, which is when you reduce your basis. If the amount exceeds your basis, you record a capital gain. It's actually not that complicated once you understand the principle - they're basically returning part of your investment back to you tax-free, but tracking it by reducing your cost basis.
I didn't realize I needed to check box 15! I'll take another look at the 1099-DIV for that code. So assuming it is code "R" as you mentioned, I would just reduce the basis from $8,115 to $7,270 on Form 8949, right? Is there anywhere else I need to note this adjustment?
Yes, that's exactly right. On Form 8949, you'll enter the original cost basis of $8,115 in column (e), then in column (g) you'll enter the adjustment amount of -$845 with code "B" which stands for "Basis adjustment." Then your adjusted basis in the calculation becomes $7,270. Make sure to check the right box at the top of Form 8949 for long-term transactions reported on a 1099-B with basis reported to the IRS. The form has clear instructions for these adjustments, and this way you're documenting exactly why your basis is different from what was reported to the IRS on the 1099-B.
Just a tip - I use FreeTaxUSA for filing and it handles this situation really well. When you enter the 1099-DIV information, there's a specific field for non-dividend distributions. Then when you enter the stock sales info, it prompts you to adjust the cost basis accordingly. Much easier than trying to figure it all out manually. If the distributions are return of capital (which they usually are), the software automatically adjusts the basis. It's saved me a ton of headaches with my investment reporting.
Does FreeTaxUSA handle K-1 forms too? I've got some partnership interests and those forms are a nightmare to deal with manually.
Quick tip from someone who's been a server for years: GET A TIP JOURNAL! Record your cash tips daily, not weekly. Memory gets fuzzy and you'll either cheat yourself or risk an audit problem. I use a cheap notebook with date, shift (lunch/dinner), and amount. Takes 10 seconds after each shift. Also note any cash expenses for work - special shoes, pens, whatever. Even if this isn't your main job, doing this right will save you so much stress at tax time.
Make sure you're setting aside money for taxes regularly! I learned this the hard way. First year as a 1099 bartender I didn't save anything and got hit with a $3800 tax bill I couldn't pay. Ended up on a payment plan with the IRS which added fees and interest. Now I automatically transfer 25% of all my cash into a separate "tax" savings account each time I deposit my tips. Come tax time, I usually have a little extra which becomes a nice bonus.
This is really smart advice, thank you! I'll open a separate savings account just for taxes. Is 25% enough to cover everything? Someone mentioned it could be 30%+ with the self-employment taxes.
For me, 25% has been enough, but it really depends on your total income and tax bracket. If you're already making good money at your W-2 job, you might need closer to 30-35% since this additional income could push you into a higher bracket. Better to overestimate and have money left over than underestimate and come up short! I actually adjusted mine to 30% this year since I'm making more overall, and it's been working out well. Just make sure that account is somewhat difficult to access so you're not tempted to dip into it.
As an owner of a similar sized business (6 employees) that travels to about 20 states yearly, I've found a middle ground approach. We carefully track our activities and revenue by state, then file in states where: 1. We have substantial presence (over 2 weeks) 2. We earn more than $10,000 3. We have repeat clients This approach keeps us compliant in states most likely to care while not drowning in paperwork for states where we have minimal activity. Our accounting firm is comfortable with this risk-based approach and documents our rationale for each decision. Remember that different types of taxes have different nexus thresholds - income tax, sales tax, and employment tax all have their own rules in each state!
Do you have a system for keeping track of all this? We're currently using a messy spreadsheet that no one remembers to update. Also, have you ever had any states come after you for places where you didn't file?
We use a project management system (Asana) with a custom field for "state location" that gets pulled into reports monthly. We also tag all expenses in QuickBooks with the state where they occurred. This gives us clean data at year-end to make filing decisions. Never had a state come after us proactively, but we did have an issue with New York when we applied for a contract with a state agency there. They discovered we'd done work in NY two years earlier without filing and assessed penalties. Since then, we've been more careful about documenting our rationale for not filing in certain states, focusing on statutory thresholds and case law regarding temporary presence.
One thing nobody has mentioned yet - check if your states have reciprocal tax agreements! Some states have arrangements where if you're already filing in one state, you don't need to file in another for the same income. Saved us tons of paperwork. Also, beware that some industries have special tax treatment in certain states - construction, entertainment, and professional services often have unique rules. What industry are you in? That might change the advice people give you.
This is really good advice. I work in accounting and notice many clients don't realize that reciprocal agreements exist for certain states. Worth researching specifically for your situation.
Aisha Hussain
Just to add another perspective - I went through this exact scenario last year. The key thing to understand is that even though you're getting a 1099-R in 2024, the earnings portion ($900.06) is technically income for 2023. This is because you're correcting a 2023 contribution. The distribution code "JP" is crucial here. The "J" means early distribution, and the "P" specifically means it was a correction of an excess contribution. This special code tells the IRS that this wasn't just a regular withdrawal, but a corrective action. You definitely need to amend your 2023 return to include those earnings as income. Use Form 1040-X and make sure to include Form 5329 to show you corrected the excess contribution before the deadline to avoid the 6% penalty.
0 coins
Ethan Clark
ā¢This seems like way too much work. Would it be easier to just ignore the 1099-R since the taxable amount is relatively small? What's the worst that could happen?
0 coins
Aisha Hussain
ā¢I definitely wouldn't recommend ignoring a 1099-R, even for a small amount. The IRS receives a copy of every 1099-R issued, and their automated matching system will almost certainly flag the discrepancy between what was reported to them and what you reported on your return. The worst that could happen is you'd get a CP2000 notice (automated underreporting notice), and then you'd need to pay the tax on the earnings plus interest and possibly penalties for not reporting it correctly. It's much easier to just file the amendment now than deal with IRS notices later. Plus, there's the peace of mind of knowing you've handled everything correctly.
0 coins
StarStrider
I had this exact situation last year! The key part is understanding that when you're dealing with correcting excess contributions, you're juggling two different tax years. My advice: 1) For your 2024 return: You'll report the 1099-R distribution, but you'll need to file Form 8606 to properly categorize it as a return of excess contributions. This prevents it from being double-taxed. 2) For your 2023 return: You need to file an amended return (1040-X) to report the $900.06 of earnings as taxable income. You'll also need to file Form 5329 with the amended return to show you removed the excess before the deadline. Honestly, most tax software struggles with this specific scenario, so you might want to consult with a tax professional who specializes in retirement accounts. I know it seems like a lot of work for $900, but getting it right now prevents headaches later!
0 coins
Yuki Sato
ā¢Any recommendations for tax software that handles this scenario well? I did mine through FreeTaxUSA last year and I'm not sure they have good support for this situation.
0 coins