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You might also want to keep detailed notes about your interaction with this tax preparer going forward. Write down dates and times of all communications, save emails, etc. If the IRS does question your return, these records will help show that you acted in good faith. Don't let the tax preparer convince you this is normal or "everyone does it" - it's not and they don't. Reputable tax professionals stay within the bounds of what can be legally substantiated. Also, make sure you request a copy of everything they submitted on your behalf if you don't already have it. You need to know exactly what was claimed so you can properly correct it.
Thank you - that's really smart advice. Do you think I should communicate with them in writing about this issue so I have a paper trail? I'm worried if I call, they'll just deny everything.
Yes, absolutely communicate in writing - email is perfect for this. Clearly state what specific expenses you've identified as incorrect and ask for an explanation of where that information came from since you didn't provide it. Be professional but direct, and specifically request that they file a withdrawal of the incorrect return immediately. Keep it factual and avoid accusations or emotional language. Something like: "I've reviewed my tax return and found several business expenses listed that I did not incur and did not report to you. For example, [specific examples]. Please explain the source of this information and what steps you'll take to correct this immediately.
Has anyone used the IRS withdrawal process? Is it even possible to withdraw an efile once it's been submitted? I thought you had to file an amended return instead.
You're right - once an e-filed return has been accepted by the IRS, it can't be withdrawn. The proper procedure is filing an amended return (Form 1040-X). You can request a withdrawal only if the original return was rejected or is still in processing. Since OP mentioned their return was already e-filed, they'll need to go the amendment route. This is actually better in some ways because it creates a clear record of self-correction, which can help demonstrate good faith compliance.
For the original question - different perspective here. I actually DID have my refund held when I skipped filing 2021 and then filed 2022. Got a letter asking me to file the missing year before they would release my refund. So it CAN happen depending on your situation. I think it depends on your filing history and whether the IRS computer system flags your account. If you've had compliance issues before or if there are income documents reported under your SSN for 2022 that show you should have filed, you're more likely to get flagged.
Thanks for sharing this! Do you remember how long it took after you filed the missing year for them to release your refund? And did you end up owing anything for the year you missed?
It took about 3 weeks after I submitted the missing return for them to release my refund. I actually ended up with a small refund for the missed year too, so they combined them. I did get hit with a failure-to-file penalty though, even though I was due a refund. It wasn't huge but still annoying - I think it was the minimum penalty amount. The letter explained that the penalty applies for filing more than 60 days after the due date, even if you're owed money.
Pro tip: If you're missing documents for your 2022 return, you can request a wage and income transcript directly from the IRS that shows all W-2s and 1099s reported under your SSN. Super helpful for catching up on unfiled returns!
How do you get that transcript thing? Is it online or do you have to call them?
You can get it online through the IRS "Get Transcript" tool on their website. You'll need to create an account if you don't already have one, and they have a pretty strict verification process with multiple authentication steps. If you can't verify your identity online (which happens a lot), you can also request it by mail using Form 4506-T. That takes about 10 days to arrive. The transcript will show all income documents that were reported to the IRS under your SSN for that tax year.
Don't forget the step transaction doctrine! If you transfer LP interests to your kids and then sell the property shortly after, the IRS might collapse the transactions and treat it as if you sold the property first and then gifted the proceeds. There's no bright-line rule for how long you need to wait between transactions, but typically the longer the better. If possible, wait at least a year between transferring interests and selling the property to strengthen your position that these were separate, independent business decisions. Also, make sure any discounted valuations for LP interests are properly documented with a qualified appraisal. The IRS loves to challenge family LP discounts as being excessive.
Can you explain more about this step transaction thing? If the kids become legitimate partners with economic risk, why would the timing matter? Seems like as long as they're real partners with real rights the IRS shouldn't be able to collapse anything?
The step transaction doctrine is an IRS principle that looks at the substance over the form of a series of related transactions. Even if each step is technically legal, if the IRS determines they were pre-planned steps to achieve a tax result that wouldn't be available if done directly, they can collapse them into a single transaction. For family LP transfers specifically, if you gift LP interests to your kids and then the partnership sells the property shortly after, it can appear that the only purpose of bringing them in was to split the capital gain among more taxpayers. This is especially true if there were discussions about selling before the transfer of interests. The key is establishing that each partner has legitimate economic risk and that the transfer of interests had independent business purpose beyond just tax savings. Documentation of meetings, legitimate business reasons for the transfers, and allowing time between transactions all help demonstrate these weren't just predetermined steps in a tax avoidance scheme.
Anyone have experience using a Charitable Remainder Trust (CRT) in this scenario? I've heard you can transfer the property to a CRT, take an immediate partial tax deduction, receive income for life, and then leave what remains to charity while avoiding capital gains taxes on the appreciation. Could be another option if you're charitably inclined and want income rather than a lump sum. Don't know if it works with property held in an LP though.
Yes, a CRT can work with property held in an LP, but it gets complicated. The LP would typically distribute the property to the partners first, then the partners would contribute their interests to the CRT. The main benefit is you avoid immediate capital gains tax on the appreciation when the property is sold inside the CRT.
Just to add another option - I used a Volunteer Income Tax Assistance (VITA) program in my area to help with my ITIN application. They're free and have certified volunteers who can help prepare your tax return and ITIN application. They were authorized to certify my documents so I didn't need to mail my original passport. Google "VITA site near me" to see if there's one in your area.
That sounds like a good option! How did you find them and was there a long wait time to get an appointment? I'm wondering if they're available year-round or just during tax season?
I found my local VITA site by using the IRS's locator tool on their website - just search "VITA locator IRS" and it should come up. The wait time varies depending on the time of year. During tax season (January-April), it can be 1-2 weeks for an appointment, but they often have walk-in hours too. Most VITA sites are only open during tax season, typically January through April 15th, with some sites remaining open until October for extension filers. A few larger sites in major cities operate year-round, but they're the exception. If you're outside tax season, you might want to call ahead to check if any sites in your area are still operating.
Has anyone tried going through a Certified Acceptance Agent instead of dealing directly with the IRS? I heard they can verify your original documents on the spot so you don't have to mail anything, but I'm not sure if they charge a lot for this service.
I used a Certified Acceptance Agent last year and it was worth every penny. Paid $150 but they handled everything - verified my documents, made sure my W-7 was filled out correctly, and submitted everything together with my tax return. Got my ITIN in about 6 weeks with zero hassle. Just make sure you find one that's actually IRS-authorized! You can check on the IRS website for legitimate CAAs.
Ellie Lopez
Has anyone else used the free IRS FreeFile options for self-employed taxes? I've heard mixed things and wondering if it's good enough for simple Schedule C and SE situations.
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Chad Winthrope
ā¢I used FreeFile last year for my side gig. It worked fine for basic self-employment stuff but doesn't offer much guidance. If you already know which forms you need and how to fill them out, it works. But don't expect it to catch mistakes or suggest deductions you might have missed.
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Paige Cantoni
Make sure you've set aside money for estimated quarterly taxes for next year! That was my biggest mistake when I started self-employment - I didn't realize I needed to make payments throughout the year and got hit with penalties. The Schedule SE you just filled out can help you figure out roughly what you'll owe next year.
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