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Ask the community...

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Levi Parker

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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.

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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.

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Levi Parker

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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.

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Libby Hassan

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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.

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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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Rajiv Kumar

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22 Just a heads up - while it's true you don't need to file if your gifts are under the annual exclusion, make sure you're calculating everything correctly. Did you give any other gifts to these same people during the year? Cash, paying bills directly, or adding someone to property deeds all count. Also, if you're married, you and your spouse can split gifts (effectively doubling the exclusion amount) but you DO need to file Form 709 to elect gift splitting even if you don't owe any tax.

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Rajiv Kumar

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1 Thanks for this additional info! The only gifts I gave were those three payments for my kids' down payments. I'm widowed, so no spouse to worry about for gift splitting. I definitely didn't exceed $17,000 per person - each payment was exactly $15,000 since that was the exclusion limit I remembered from a few years ago (before it increased).

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Rajiv Kumar

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22 You're all set then! The annual exclusion was $15,000 for 2018-2021, then increased to $16,000 for 2022, and $17,000 for 2023. Since your gifts were $15,000 each, you're well under the threshold even for 2022. And being widowed means you don't need to worry about the gift-splitting election. Just keep good records of these gifts for your own files - dates, amounts, and recipients. This can be helpful in case questions ever arise in the future, but you definitely don't need to file Form 709.

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Rajiv Kumar

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5 Somewhat related question - if I did need to file Form 709 but had already filed an extension with Form 8892, when would the new deadline be? Is it October 15th like regular income tax extensions?

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Rajiv Kumar

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19 Gift tax extensions work differently than income tax extensions. Form 8892 extends the deadline to October 15th, but only if you also filed an extension for your income tax return (Form 1040). If you didn't extend your 1040, the 709 extension only goes to April 15th plus 6 months, which would also be October 15th. So either way, October 15th would be your deadline.

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Emma Davis

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In my experience as a long-time 1099 contractor, the hotel deduction in this case is risky. Since you're primarily going to visit family, the IRS would likely consider this a personal trip. The fact that your parent company is there doesn't help unless you're actually conducting business with them in person. A better approach might be to look at coworking spaces in the area instead of the hotel. You could deduct the daily fee for the coworking space as a clear business expense since it's only being used for work, while staying with family. This creates a cleaner separation between personal and business expenses.

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I hadn't thought about coworking spaces! That's a really smart alternative. Do you know if there are any specific documentation requirements for using coworking spaces as a business expense? And would that still work if I keep the hotel for personal comfort but also use a coworking space?

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Emma Davis

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For coworking spaces, keep the receipts/invoices from the space and note the business activities performed there each day. Take photos of your workspace and save any digital check-ins. If you're producing deliverables while there, note that in your records. You could absolutely still keep the hotel for personal reasons while using a coworking space for business. This actually creates a much cleaner deduction situation because the coworking space has no personal use component - it's 100% business. The hotel would then be clearly personal and non-deductible, but your dedicated workspace would be fully deductible. This arrangement also makes it much harder for the IRS to question the business purpose since there's no mixing of personal and business use in the same space.

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LunarLegend

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As someone who's been a 1099 contractor for 5+ years, I would strongly recommend against trying to deduct the hotel in this case. I tried something similar in 2021 and it triggered an audit. The IRS agent specifically cited the primary purpose test and disallowed my deduction since the primary purpose of my travel was personal. One thing no one has mentioned - have you considered checking if your company might have a corporate rate at any hotels in the area? My client company had a business rate at several hotels that was cheaper than regular rates, even though they didn't pay for my stay.

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Going through an audit sounds terrifying. Did you end up owing a lot more in taxes after they disallowed your deductions?

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Your employer is only withholding based on what you report on your W-4 and your salary at THAT job. The withholding system isn't perfect. A few things to check: 1. Do you have multiple jobs? That can mess up withholding. 2. Any investment income or interest from bank accounts? 3. Did you get any bonuses that were withheld at the flat 22% rate? The good news is owing $318 isn't a big deal at all. The IRS only cares if you owe more than $1,000 AND haven't paid at least 90% of your tax liability through withholding.

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Aaron Boston

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Thanks for the tips! You know, I did receive a year-end bonus of around $2,000 that was taxed differently than my regular paychecks. Could that be part of the issue? Also, I have a high-yield savings account that earned about $800 in interest last year.

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Yes, both of those things definitely contributed to your situation! Bonuses are typically withheld at a flat 22% supplemental rate, which might not be enough if you're in a higher tax bracket. And the $800 in interest income has no withholding at all, so you'll owe taxes on that amount when you file. For next year, you have two options to avoid owing: increase your regular withholding by submitting a new W-4 with additional withholding on line 4(c), or make estimated quarterly tax payments for your interest income. For someone in your situation, adding about $30-40 in additional withholding per paycheck would likely cover these extra income sources.

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Kaitlyn Otto

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Owing just over $300 is honestly not bad! I'm a payroll specialist and I always tell people that the goal should be to break even, not get a huge refund. A refund just means you gave the government an interest-free loan all year. For 2025, just log into your company's HR system and update your W-4. If you want to be really precise, use the IRS Tax Withholding Estimator tool on the IRS website. It's way more accurate than the old "claim 0 dependents" method everyone used to use.

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Axel Far

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every time i use that irs withholding calculator thing i get different results lol. one time it said i should get an extra $50 taken out each check, then the next time it said i should get like $20 back each check. makes no sense

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Yuki Sato

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Contact your payroll department immediately! This happened to me in 2023, and it was because my company's payroll system had a glitch that caused duplicate reporting for about 50 employees. If multiple people at your company are affected, the IRS might already be aware of a systematic error. My company had to issue corrected W-2c forms to everyone affected and file corrections with the IRS. Keep records of EVERYTHING - emails with payroll, copies of your original W-2, pay stubs, etc. The more documentation you have showing the correct amounts, the easier this will be to resolve.

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Thanks for this advice. I reached out to our payroll department yesterday and they're "looking into it." Did your company initially deny there was an issue? I'm getting some resistance from our HR coordinator who keeps insisting their reporting was correct.

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Yuki Sato

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Yes, at first they denied anything was wrong! It took about two weeks of me and other affected coworkers persistently following up before they finally investigated properly. Their initial response was "our system doesn't make mistakes" but clearly it did. Ask if anyone else in the company received similar notices - that was what finally got them to take it seriously when they realized multiple people were affected. If possible, get a copy of your "Last Pay Statement" for the tax year in question - this should show your year-to-date earnings and withholdings that should match your W-2.

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Don't let this slide or procrastinate on it! My brother ignored a CP2501 thinking it was just a minor discrepancy, and it escalated to a CP3219A notice of deficiency. Once that happens, your options become much more limited. The IRS gives you 30 days to respond to a CP2501. Make sure you meet that deadline even if you're still gathering information. You can write them explaining you're working with your employer to resolve the reporting error and request additional time.

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Andre Dubois

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What happens if you miss the 30 day deadline? My notice arrived when I was traveling for work and I just opened it yesterday. The response due date is in 5 days!

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