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Levi Parker
This sounds like a nightmare! I'd be furious. One thing to add to what others have said - if your CPA won't give back your documents, you can get tax transcripts directly from the IRS that show most of the information from your W-2s, 1099s, etc. Go to irs.gov and search for "Get Transcript" - you can view and download them online if you create an account, or request them by mail. This might help you file on your own or with another preparer without having to wait for your documents back.
Thank you for this tip! I didn't know about the transcript option. Would this show whether our CPA filed an extension for us? That's our biggest concern right now since the deadline has passed.
Levi Parker
ā¢Yes, your tax transcript would show if an extension was filed on your behalf. When you access your transcript, look for a transaction code 460, which indicates an extension was filed. It should appear with the current tax year date. It will also show if a return was filed (transaction code 150) or if any payments were made. The transcript is basically a complete record of all transactions with the IRS for your tax account, so it's super helpful in situations like yours when you're in the dark about what actions were taken.
Libby Hassan
Report her to your state's CPA board immediately! This is completely unethical. I went through something similar last year and wish I had reported my CPA sooner. You should also file IRS Form 14157 (Complaint: Tax Return Preparer) to report this to the IRS. The form is available on irs.gov. As for your documents, in most states it's illegal for her to withhold your original documents. You might need to threaten legal action to get them back.
I agree with reporting to the state board, but be careful with threatening legal action. I did that with my accountant and it just made everything more complicated. I'd try the certified letter approach first before escalating.
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I'm still confused about the difference between Subpart F income and GILTI. My foreign corporation in Thailand has mostly service income. Would this fall under GILTI or Subpart F? I keep getting mixed messages from different accountants.
Generally, service income from foreign corporations doesn't automatically trigger Subpart F unless it meets specific criteria (like services performed for a related party or services performed outside the country of incorporation). If your service income doesn't meet the Subpart F criteria, then any retained earnings would potentially be subject to GILTI.
Andre Dupont
PSA for anyone dealing with GILTI: don't forget about the high-tax exception! If your foreign income is already taxed at more than 18.9% (90% of the current 21% US corporate rate), you might be able to exclude that income from GILTI. Saved me a ton on my Singapore business where corporate rate is 17% but with some local surtaxes it pushed me over the threshold.
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Justin Evans
Just got thru this exact same situation!! Missed filing 2023 due to a family health crisis. My advice is DO NOT IGNORE THE IRS NOTICES when they start coming. I made that mistake and ended up with a substitute return where the IRS calculated my taxes without any of my deductions or credits, and it was WAY higher than what I actually owed. File ASAP even if you can't pay right now. The failure-to-file penalty is much bigger than the failure-to-pay penalty, so at least stop that one from growing!!!
Emily Parker
ā¢How long did it take before they filed a substitute return for you? I'm trying to figure out how much time I have before that happens to me.
Ezra Collins
If you're really overwhelmed, consider getting professional help from a tax attorney or an Enrolled Agent (EA) rather than just a regular tax preparer. They can represent you before the IRS if needed and might be able to negotiate penalty reductions. I spent about $800 on an EA when I had 3 years of unfiled returns, and they saved me over $3,000 in penalties through abatement requests and proper filing strategies. Sometimes spending money on professional help actually saves you more in the long run.
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Ayla Kumar
I'm a landlord who got hit with this exact same issue. The key is understanding the difference between non-passive and passive income. Your father-in-law's salary/business income is non-passive, while rental income is considered passive (unless he qualifies as a real estate professional). The tax code only allows you to offset passive losses against passive income unless you meet specific exceptions. For high earners (over $150k), those exceptions get phased out completely. Here's the really frustrating part - the losses don't disappear forever. They get suspended and carried forward until either: 1) He has passive income to offset them against, or 2) He sells the property. So he's still getting dinged with higher taxes now even though these are legitimate expenses.
So what's the point of even owning rental properties if you're a high earner? Sounds like the tax benefits are completely eliminated.
Ayla Kumar
ā¢There are still significant advantages to owning rental properties as a high earner. First, you're building equity as tenants pay down your mortgage. Second, you benefit from property appreciation over time. Third, you can still deduct expenses up to the amount of rental income (preventing tax on phantom income). Most importantly, those suspended losses aren't gone forever - they're carried forward indefinitely. When you eventually sell the property, all those accumulated losses can be used to offset the gain from the sale. Many investors also deliberately generate passive income from other sources (like REITs or certain business activities) specifically to absorb these carried-forward losses. The key is long-term tax planning rather than focusing on year-to-year deductions.
Has your father-in-law done any grouping elections for his properties? My CPA had me file a statement with my return to group all my rental activities as a single activity for passive loss purposes. This doesn't get around the income limitations, but it can help if some properties make money while others lose money.
Kai Santiago
ā¢I second this recommendation. Grouping the properties helped me a ton because my commercial property had positive income while my residential rentals were showing losses after depreciation. Without grouping, I couldn't use the losses from one against the gains from another.
Ally Tailer
My accountant tried to charge me $1500 extra for crypto this year too! I ended up using CoinTracker to generate my own 8949 and then just gave my accountant the final numbers for Schedule D. Cut my bill by like 60%. One thing to watch for - make sure whatever software you use calculates your gains using the same method your accountant has been using (FIFO, LIFO, etc). Switching methods midway can cause issues.
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Hugo Kass
ā¢That's exactly what I'm worried about! Did your accountant give you any pushback when you showed up with your own 8949 already done? And did you tell them ahead of time or just show up with the completed forms?
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Ally Tailer
ā¢My accountant was actually relieved when I showed up with the 8949 already completed. I did let her know ahead of time that I was going to handle the crypto portion myself so she wouldn't duplicate the work. She initially was concerned about the accuracy but after reviewing what I provided, she was comfortable using it. We confirmed I was using FIFO (First In, First Out) which is what she had been using all along. The key was making sure I gave her not just the summary figures but the detailed transaction listing so she could verify the work if needed. She ended up charging me her standard rate for the rest of my return without the crypto upcharge.
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Aliyah Debovski
Has anyone tried just creating a separate LLC for crypto trading activities and filing that on its own tax return? I've heard some people doing this to keep the crypto complexity separate from their personal taxes.
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Miranda Singer
ā¢That's actually a terrible idea for most people. Creating an LLC doesn't change how crypto is taxed - it's reported as pass-through income on your personal return anyway unless you elect corporate taxation. Plus you'd have all the extra compliance costs of maintaining a business entity, separate accounts, etc. Would likely cost MORE in the long run.
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Aliyah Debovski
ā¢Thanks for the clarification! I figured it might be too good to be true. Seems like using specialized crypto tax software and then providing the completed forms to my accountant is the better approach based on all the advice here.
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