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Former IRS employee here. A lot of good advice already, but I want to add something important: request wage and income transcripts from the IRS. Even though your employer gave you your W2 late, they likely submitted the information to the IRS on time. You can request these transcripts online at irs.gov/transcripts, and they'll show all reported income from your employer. This can sometimes help if there are any discrepancies between what your employer finally sent you and what they reported to the IRS. Also, if you do owe, make sure to pay as much as you can now even before filing if possible. The failure-to-pay penalties are separate from failure-to-file and continue to accumulate.
This is super helpful, thank you! I didn't even know I could check what my employer reported to the IRS. Do these transcripts become available pretty quickly after employers submit them, or is there a delay? If my W2 just got generated recently, would it even show up there yet?
The wage and income transcripts are usually available by late May or June for the previous tax year, but there can be some lag time. If your employer truly just submitted your information recently, it might not show up yet. However, most employers submit their W2 information by the end of January, even if they're slow in getting the actual forms to employees. It's always worth checking - you might be surprised to find your information has been there all along, which could potentially strengthen your case about employer negligence for the penalty abatement request.
Just want to add something important that no one has mentioned yet. You should fill out Form 4852 (Substitute for Form W-2) and attach it to your return. This form is specifically for situations where your employer didn't provide a W-2 or provided an incorrect one. Even though you have your W-2 now, filing with the 4852 helps document that it was received late. Make sure to check box 7a which states "I have tried to obtain Form W-2 from my employer or payer with no success." This creates an official record of the issue and can help with penalty abatement requests.
I don't think this advice is correct. Form 4852 is only if you NEVER received your W-2 or if it's incorrect. Since OP has the W-2 now, even though it's late, they should use the actual W-2 for filing, not the substitute form.
Something nobody's mentioned yet that's really important - make sure you get your win/loss statement from EVERY platform you used. I had wins on DraftKings but losses on FanDuel, and initially I only documented the DraftKings stuff. Got audited and it was a nightmare. You need comprehensive documentation of ALL gambling activity, not just where you had the big win.
Thanks for pointing this out. I actually used 3 different platforms throughout the year. Do they all automatically send tax forms or do I need to request the statements?
Most platforms don't automatically send you win/loss statements - you need to request them specifically. They'll only automatically send W-2G forms for individual wins over $1,200. Each gambling site usually has a section in your account settings or help center that explains how to request your annual win/loss statement. Some platforms make these readily available to download from your account, while others require you to contact customer support. I recommend requesting these statements as soon as possible since it can sometimes take them a while to generate the documents, especially during tax season when everyone is asking for them.
One thing to consider - if you itemize deductions to claim your gambling losses, you'll need to give up the standard deduction. For 2025, the standard deduction is $13,850 for single filers. So if your other itemized deductions (mortgage interest, medical expenses, etc.) plus gambling losses don't exceed that, you might be better off just taking the standard deduction and paying taxes on the full gambling winnings.
This is a really good point. I made this mistake one year and actually ended up paying more in taxes by itemizing than I would have with the standard deduction.
Does anyone know if using tax software (like TurboTax Self-Employed) handles the annualized method calculations? I'm terrible at doing these worksheets myself.
TurboTax Self-Employed does have an estimated tax calculator, but in my experience it doesn't handle the annualized method very well. It more focuses on the equal payment method. I ended up using the IRS worksheets anyway. QuickBooks Self-Employed does a better job with variable income and quarterly calculations, but it's still not perfect for true annualization calculations.
One warning about AIIM - if you have any capital gains or losses, especially if they're significant, the calculation gets MUCH more complicated. I tried doing this myself last year and messed it up pretty badly.
Has anyone tried box 3 (mixed straddle accounting) on Form 6781 for this situation? I'm dealing with a similar issue where I had both Section 1256 contracts and regular equity options that were part of the same strategy, and I'm wondering if that's a cleaner way to report it.
Mixed straddle accounting is a whole different beast. You need to make an election to use it, and it has to be done by the due date of your return for the year the straddle was established. If you didn't make that election already, you probably can't use it retroactively.
That's good to know. I did make the election last year since I knew I'd be implementing these strategies. Do you know if using the mixed straddle accounting would solve the issue with reporting short positions that cross year-end? I'm trying to avoid the same reporting problems the original poster mentioned. I've read that mixed straddle accounting lets you avoid the mark-to-market rules for the 1256 contracts that are part of the straddle, which might simplify things.
Has anyone had experience with options that aren't clearly Section 1256 contracts? I have some foreign index options and I'm not sure if they qualify for the 60/40 treatment or if they're just regular capital assets.
Only options on "broad-based" indices qualify as Section 1256 contracts. Foreign indices generally don't qualify unless they're specifically listed by the IRS. If your foreign index has fewer than 10 stocks or if the options aren't regulated by the CFTC, they're probably just regular capital assets with standard short/long term treatment.
Rebecca Johnston
One thing nobody has mentioned yet - when you file as independent (not being claimed as a dependent), make sure you check if you qualify for the Recovery Rebate Credit for 2022 if you didn't receive the full amount of the third Economic Impact Payment in 2021. Since you were claimed as a dependent before, you might not have received it, but could claim it on your 2022 return if you're filing independently.
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Vincent Bimbach
ā¢Whoa, I had no idea about the Recovery Rebate Credit! I definitely didn't get any stimulus money before because my parents claimed me. How do I check if I qualify for this? Would it be a significant amount?
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Rebecca Johnston
ā¢You should qualify if you didn't receive the third stimulus payment (which was $1,400) and you're now filing as independent. Most tax software will ask you questions about this specifically - something like "Did you receive the third Economic Impact Payment in 2021?" It's definitely significant - it would be up to $1,400 added to your refund! Your tax software should help calculate this, but make sure you answer the questions about Economic Impact Payments carefully. If your parents received the payment for you as their dependent in 2021, you wouldn't qualify, but if no one received a payment for you, you likely will.
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Nathan Dell
I see a lot of people mentioning the "check the box" part, but one thing that tripped me up my first time filing independently was that I got confused between "filing status" and "dependency status." They're not the same! Filing status is about whether you're filing as Single, Head of Household, Married Filing Jointly, etc. The dependency question is separate from this. You'll likely file as "Single" for your filing status, and then separately indicate that no one can claim you as a dependent.
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Maya Jackson
ā¢This is such an important distinction! I messed this up my first time filing too. I thought by selecting "Single" as my filing status, I was automatically indicating that I was claiming myself. But they're totally different questions on the tax forms.
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