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Another approach is to try contacting your company's stock admin team directly. They usually have specialized reports they can generate for tax purposes that break down each RSU vest with the relevant tax information. I work in HR at a tech company and we provide "Supplemental Tax Information" reports that show vesting date FMV, shares vested, and tax withholding for each RSU transaction. Most bigger companies offer something similar.
Do you know if those reports are automatically generated or do employees need to request them specifically? I've been at my company for 3 years and have never received anything like this.
It varies by company. At mine, employees need to request them specifically - they're not automatically distributed. Most people don't know to ask for them! Try contacting your stock administration team (not general HR) and ask for a "tax basis report" or "supplemental tax information for equity compensation." The team that handles your equity grants should know what you're talking about. If you use an equity management platform like E*TRADE, Schwab, or Fidelity for your company equity, you can sometimes download these reports directly from the platform. Look for sections labeled "Tax Documents" or "Tax Resources" within your equity account.
Has anyone actually calculated how much tax difference this makes? I'm in a similar situation but wondering if it's worth the effort to figure all this out vs just using what's on the 1099-B.
HUGE difference! If you don't report the correct cost basis on RSUs, you're essentially paying double tax. Example: Let's say you got $10,000 worth of RSUs that vested. You already paid income tax on that $10,000 (it's on your W-2). If you then report a $0 cost basis when you sell, you're paying capital gains tax on the ENTIRE $10,000 again! In my case, I had about $65,000 in RSUs last year. Using the correct cost basis vs. what was on my 1099-B saved me over $13,000 in taxes. Definitely worth figuring out!
Just throwing this out there - have you considered tax court mediation? It's less formal than actual court and might be a good middle ground. I used it last year for a dispute over some 1099 income and business deductions. The mediator helped us reach a compromise where I ended up paying about 30% of what the IRS initially claimed. The whole process was way less intimidating than going before a judge, and I didn't need an attorney. Might be worth asking about before your court date.
I didn't even know tax court mediation was an option! How do you request it? Is there a specific form or process? And does it delay your actual court date if you try mediation first?
You can request mediation by contacting the IRS attorney assigned to your case. There's a form (can't remember the number offhand) that you submit to formally request it. Usually, they're pretty open to mediation because it saves them time and resources too. It typically doesn't delay your court date significantly because they'll schedule mediation well before your hearing. If mediation fails, your court case proceeds as planned. In my experience, the IRS attorney will reach out to you before your court date anyway to discuss possible settlement, so you might as well be proactive and suggest mediation yourself.
Whatever you decide, make sure you're EXTREMELY organized with your documentation. My brother represented himself and won, but only because he had meticulous records presented in a way the judge could easily follow. Create a binder with tabbed sections for each disputed item. Include a timeline of events, copies of all relevant receipts, bank statements, etc. Write a brief summary for each section explaining your position with specific references to tax code when possible. Make 3 copies of everything - one for you, one for the judge, one for the IRS attorney. Trust me, judges appreciate organization, and it makes you look more credible even without a fancy law degree.
This is such good advice. My friend lost her case not because she was wrong, but because she couldn't find the right documents during the hearing and came across as unprepared. The judge even commented on it in his ruling.
Yeah, presentation makes a huge difference. Another tip: practice explaining your case out loud beforehand. My brother said he froze up initially because it's intimidating, but he'd practiced his explanations so much that he was able to get back on track. Also, be respectful and never interrupt the judge or IRS attorney. My brother said the judge was actually quite helpful in guiding him through the process, but he saw another self-represented person get on the judge's bad side by being argumentative and disorganized. That case did not end well for them.
Has anyone tried just manually entering the Section 1256 information? The Consolidated 1099 from TD Ameritrade should show the aggregate profit/loss for your Section 1256 contracts with the proper 60/40 split between long-term and short-term. You can just go to the income section in TurboTax, find the futures/commodities section, and enter those numbers directly. I've used both the online and desktop versions and found the desktop actually gives you more control for these specialized investment types, even though it requires more manual work.
I tried that but I'm confused about which numbers to enter exactly. The form has so many different sections and I'm worried about double-reporting income or missing something. Does anyone have a simple guide for which boxes from the TD Ameritrade form correspond to which fields in TurboTax?
Look for the summary section on your TD Ameritrade 1099 that specifically mentions Section 1256 contracts. You'll need the "Profit or (Loss)" amount, which will be further divided into the 60% long-term and 40% short-term split. In TurboTax desktop, go to Federal ā Income ā Investment Income ā Futures and 1256 Contracts. There will be fields specifically for entering these amounts. Make sure you're looking at the right tax year's form, and don't include any amounts that might have been reported elsewhere (like regular capital gains). TD Ameritrade usually provides good summaries at the beginning of each section that make it clear what goes where.
Is anyone else just totally frustrated with how TurboTax keeps changing their interface every year? Last year I had no problems with Section 1256 imports from TD, now suddenly it's a whole thing. Same with crypto reporting. Feels like they deliberately make it harder to use the free version so we upgrade to the premium versions.
100% agree! I've used TurboTax for 7 years and every year it's like learning a new software. The desktop version is even worse - completely different workflow than the online version. I switched to FreeTaxUSA this year and it was way more straightforward with investment reporting, including Section 1256 contracts.
Thanks for the FreeTaxUSA suggestion, I might check that out next year. Did it handle the 60/40 split for Section 1256 contracts correctly? That's always been the trickiest part for me, making sure the long-term/short-term treatment is applied properly.
Hey! Former IRS employee here. Everyone's given great advice, but I wanted to add a few things: 1. As a dependent under 24 who's made less than the standard deduction, you're not REQUIRED to file, but you SHOULD file to get back any tax that was withheld from your paychecks. 2. The IRS has a special program called Free File that partners with tax software companies to provide free filing for people with simple returns. You can find it on irs.gov. 3. Don't stress too much about making mistakes! For simple returns, the software really does guide you through everything. And if you do make a small error, the IRS will usually just send you a letter with corrections. 4. Keep all your tax documents (W-2s, etc.) for at least 3 years after filing.
Thank you so much for all this helpful info! Quick question - if I file and get a refund this year, will that affect my parents' ability to claim me as a dependent on their taxes?
You filing your own tax return won't affect your parents' ability to claim you as a dependent at all! These are completely separate issues. Your parents' ability to claim you depends on whether you meet the dependency tests (like if they provide more than half your support, if you're a full-time student under 24, etc.), not whether you file your own return. So go ahead and file to get that refund - it won't impact your parents' taxes in any way.
Does anyone know if using those free tax services actually works? I'm in the same boat (first time filing, made about $8k last year) and my friend said I should just pay H&R Block to do it for me.
Absolutely do NOT pay H&R Block for a simple return! I used to work there - they charge like $150+ for returns that literally take 15 minutes to file. If you only made $8k and have a W-2, use the IRS Free File options or even the free version of TurboTax/FreeTaxUSA. Save your money!
Giovanni Rossi
I'm using TurboTax this year. Does anyone know where in the program I enter the 1099-C information and claim the insolvency exception? I've been clicking around for an hour and can't figure it out.
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Aaliyah Jackson
ā¢In TurboTax, you should be able to search for "1099-C" in the search bar at the top. It'll take you to the income section where you can enter the form. After entering the basic 1099-C info, it should ask if you qualify for any exclusions. Select "insolvency" and it will walk you through the worksheet. If you're using the desktop version, it's under Federal > Income > Less Common Income > Cancellation of Debt. Make sure you're in the full interview mode, not the quick mode, or it might skip some options.
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KylieRose
One thing nobody mentioned is that 1099-C can affect your eligibility for income-based programs. My canceled debt pushed my AGI high enough that I lost part of my premium tax credit for health insurance. Even with the insolvency exclusion, it still affected some calculations. Just something to be aware of when planning.
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Tyrone Hill
ā¢That's a really good point I hadn't thought about. My mom is on Medicare with the extra help subsidy for her prescriptions. Do you know if canceled debt that's excluded due to insolvency still affects the MAGI calculation for Medicare subsidies?
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KylieRose
ā¢For Medicare subsidies, if you properly exclude the canceled debt from income using the insolvency exception (Form 982), then it shouldn't affect the MAGI calculation for Medicare's Extra Help or Medicare Savings Programs. The key is making sure you complete Form 982 correctly to exclude it from your gross income in the first place. However, if only part of the debt is excluded due to partial insolvency, the remaining taxable portion could potentially impact your MAGI. I'd recommend contacting your local SHIP (State Health Insurance Assistance Program) - they provide free counseling on Medicare issues and can give you specific guidance for your mom's situation.
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