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Not sure if anyone mentioned this yet, but if H&R Block made this mistake, they should cover any penalties and interest under their accuracy guarantee. I used to work at a tax prep office (not H&R Block), and this kind of error would definitely be covered under their guarantee. Make sure you bring the original W-2 and all your 2021 tax documents when you go back to them. Ask specifically for a manager, not just any preparer. And be prepared - they might try to charge you for the amendment itself, but push back on that since it was their error.
Jamal Wilson
ā¢Thank you for the insider perspective! Would you recommend I gather any other documentation before going in? I have the original Dollar Tree W-2 and my tax return paperwork from that year. Should I call and make an appointment specifically about this issue?
I would definitely recommend calling ahead for an appointment and specifically mentioning that you're coming in about a preparer error that requires an amendment. This helps ensure you get scheduled with someone more experienced rather than a seasonal preparer. Bring absolutely everything from that tax year - all W-2s (including the missed one), your full tax return packet, and any other tax documents like 1099s or interest statements. If you have any emails or receipts from your original preparation, bring those too as they might show what you paid for and what guarantees were included.
Quick question for anyone who knows - if OP amends this return from 2021, will they still get to keep any stimulus payments they received based on the lower income they originally reported? My cousin had a similar situation and ended up having to pay back some stimulus money when her "real" income was too high to qualify.
Mei Lin
ā¢Good question! The Recovery Rebate Credits (stimulus payments) from 2021 started phasing out at $75,000 for single filers and $150,000 for married filing jointly. Based on OP's description (adding about $26K to a previous $13K), their total income of roughly $39K would still be well below the phase-out threshold. So they likely wouldn't have to repay any stimulus money. The Earned Income Tax Credit is a different story though - that would almost certainly be recalculated based on the higher income, which might reduce the credit amount they received.
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Oliver Brown
Something else to consider - since you had a net capital loss, amending your return will likely result in a LARGER refund (or less tax owed). The IRS allows you to deduct up to $3,000 of capital losses against your regular income. You might actually come out ahead after filing the amendment! Just make sure you use Schedule D along with your 1040-X to report the capital transactions.
Mary Bates
ā¢Can you still claim the capital loss deduction if it was from wash sales though? I thought those were disallowed?
Oliver Brown
ā¢Good question about wash sales. The wash sale rule disallows the loss specifically on transactions where you buy back the same or substantially identical security within 30 days before or after selling at a loss. However, that disallowed loss gets added to the cost basis of your replacement shares. Looking at the original post, they still had a net capital loss of $870 AFTER accounting for wash sales. The wash sale amount ($27,125) was already factored into their calculations. So they can still claim that $870 loss against their income. If they hadn't repurchased those shares, their loss would have been much larger!
Has anyone actually gotten a CP2000 notice from the IRS for not reporting a 1099-B that showed a loss? I'm wondering how urgent this amendment really is.
Ayla Kumar
ā¢Yes! I ignored a 1099-B with losses last year thinking "why bother if I'm not owing more?" Got a CP2000 about 4 months later. The IRS computer only sees "unreported income" from the proceeds, not the net result. Had to respond with a complete Schedule D showing the loss calculation. Major headache that could have been avoided by just amending right away.
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FreeTaxUSA is the move! Switched 3 years ago and never looked back. I use their deluxe version which is still cheaper than TurboTax's basic package lol. The interface isn't as pretty but it does the exact same stuff. The only thing I miss is the ability to automatically import W-2s by taking a picture, but that's a small tradeoff for the hundreds I've saved. Plus their customer service is actually helpful when you have questions.
QuantumQuest
ā¢Do they have a good audit protection plan? That's the only reason I've kept using TurboTax. I'm always paranoid about getting audited.
They definitely do! Their "Deluxe" version includes audit assistance, and it's still way cheaper than TurboTax. It's not audit "protection" in the sense that they don't represent you in person, but they provide guidance on what documents you need and how to respond to IRS notices. I actually had a letter from the IRS questioning one of my deductions last year, and their audit assistance team walked me through exactly what to send and how to word my response. The whole thing was resolved with one letter. For the price difference, I think it's totally worth it, but if you want someone to physically represent you in an audit, you'd need to go with a CPA anyway.
Anyone try Cash App Taxes (used to be Credit Karma Tax)? I heard it's completely free for both federal AND state. Seems too good to be true.
Yara Haddad
ā¢I used it last year! It's legit free, but there are some limitations. It doesn't handle multiple state returns, foreign income, or some less common tax situations. If you have a straightforward return though it works perfectly fine. Only weird thing is that it's in the Cash App now which feels strange for tax software lol.
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Javier Cruz
One thing nobody has mentioned - the IRS actually has a specific form for this situation. If you're worried about your uncle causing problems, you can file Form 8836 "Qualifying Relative Information Statement" with documentation that proves you provided more than half his support and that he lived with you. This is a proactive approach rather than waiting for an IRS notice. The form requires detailed information about the support you provided and other potential contributors (like his sons sending cash).
AstroAlpha
ā¢Thanks for mentioning this! I looked it up but couldn't find a Form 8836 specifically for dependent disputes. Are you sure about the form number? I found some information about attaching a statement to my return, but not a specific form.
Javier Cruz
ā¢I apologize for the confusion! You're right - I made an error on the form number. There isn't a specific Form 8836 for dependent disputes. What I was thinking of is that in disputed dependent situations, the IRS may ask you to complete a "Dependency Exemption Questionnaire" during an examination, but this isn't something you can file proactively. My mistake came from mixing up IRS procedures. What you can do proactively is keep detailed records of support provided and be prepared to substantiate your claim if questioned. Some tax professionals also recommend attaching a statement with your return explaining the support situation in potentially disputed cases, though this isn't required.
What matters most is if you meet the actual IRS tests for claiming a dependent, not whether someone "consents" to being claimed. Check out Publication 501 on the IRS website. For a qualifying relative (non-child), there are 4 main tests: 1. Not a qualifying child of anyone 2. Related to you OR lived with you all year 3. Gross income under $4,950 (for 2023) 4. You provided more than half their support If those cash gifts from his sons were substantial and used for supporting himself (like if he was saving it up for rent elsewhere), that could potentially disqualify you on the support test. But if you can prove you provided housing, utilities, food, etc. that exceed whatever support he got elsewhere, you should be fine.
Would the uncle have to prove he DIDN'T live with OP? Or would OP have to prove the uncle DID live with them? I'm confused about who has the burden of proof here.
Carmen Vega
I've been playing the "perfect return" game for years! My best year was getting to $3 refund. For accelerated depreciation, make sure you're keeping good records. I got audited two years ago and they specifically looked at my bonus depreciation claims. Had all my documentation and passed with no changes, but it was stressful!
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Andre Rousseau
ā¢What kind of documentation did they want to see? I'm taking some bonus depreciation this year and paranoid about an audit.
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Zoe Stavros
You're playing on expert mode lol! I'm happy if I can just avoid owing a penalty. Quick tip though - I learned that if you owe less than $1,000 at tax time, there's no underpayment penalty. So aiming for a small amount due (like $500) is actually optimal from a cash flow perspective. You get use of your money all year AND avoid penalties.
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