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Ask the community...

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StarStrider

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I'm a bit confused about everyone saying the OP has rights here. If you sold your ownership and are completely out of the business, isn't it the current owner's problem now? When I sold my share of a business, I was just given a final K-1 and that was that.

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The key difference is that OP was a 50% owner for the ENTIRE year in question. It's not about current ownership - it's about who had ownership during the tax period being filed. The business operations during that year were under both partners, so both should have input on how those operations are reported to the IRS.

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Sofia Torres

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Don't forget that you can always file Form 8082 (Notice of Inconsistent Treatment) if you disagree with how the partnership return was filed. This lets you take a position on your personal return that's different from what's reported on your K-1. It's not ideal, but it's a fallback option if your ex-partner refuses to cooperate.

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Wouldn't filing an 8082 potentially trigger an audit though? I've always heard this form raises red flags with the IRS.

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Sofia Torres

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Filing Form 8082 doesn't automatically trigger an audit, but it does increase the chances of your return getting a closer look. However, that increased scrutiny is often limited to the specific items you've reported inconsistently, not your entire return. The important thing is to have solid documentation supporting your position. If you're right on the merits and can back up your treatment with records and tax law, an audit shouldn't be a major concern. Many tax professionals consider it better to file an 8082 than to report income or deductions incorrectly just to match an improper K-1. The penalty for failing to file an 8082 when required can be substantial ($50 per inconsistency), plus any additional penalties if the inconsistency results in understating your tax.

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Just throwing this out there - has anyone checked if they entered a different filing status between 2021 and 2022? I got the same IND-031-04 error because I filed as Single in 2021 but Head of Household in 2022, and somehow that was causing conflicts with the way I entered my prior year AGI. My tax preparer had to call the IRS to sort it out.

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Andre Dubois

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I'm having this exact issue! Filed as Married Filing Jointly last year but now I'm divorced and filing as Single. Getting rejected with IND-031-04. Did changing the filing status alone fix your problem or was there something specific your preparer had to do?

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The filing status change itself wasn't actually the problem - it was how the AGI was being validated. When your filing status changes, you still need to use the exact AGI from your previous return, but the system sometimes gets confused about how to match your identity with the different status. My preparer had the IRS verify my identity using additional information beyond just the AGI - they confirmed my date of birth, address, and the last 8 digits of my previous year's return. After they manually verified me in their system, I was able to e-file without issues. The rep also mentioned that entering $0 as the prior year AGI sometimes works as a bypass when there are filing status changes, but that wasn't successful in my case.

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CyberSamurai

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Has anyone tried using the IRS online account system to verify their exact AGI instead of relying on tax documents? I had this same issue and discovered the AGI shown in my online IRS account was actually $34 different from what my tax software showed for my 2021 return due to some adjustment the IRS made after processing. Once I used the exact AGI from the IRS account, my return was accepted immediately.

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This is actually really smart. I didn't even think to check my IRS online account. Where exactly in the account can you find your official AGI? I'm logging in now but there's so many different sections.

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CyberSamurai

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Look for the "Tax Records" section after you log in. Then select "Transcripts" and request a "Return Transcript" for 2021. The AGI will be clearly labeled on that transcript. If you don't see it right away, search for "Adjusted Gross Income" on the page or look for line 11 from Form 1040. Sometimes the IRS makes small adjustments to returns after processing them, which can create differences between what your tax software shows and what the IRS has on record. These adjustments might be for math corrections, misapplied payments, or other technical reasons. The transcript shows exactly what's in their system, which is what the validation is checking against.

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Hit with a $10,000 IRS penalty for missing form 3250-A (Return of Foreign Trust) - help!

I'm completely freaking out right now. Just got slapped with a $10,000 penalty from the IRS for supposedly not submitting my form 3250-A (Return of Foreign Trust). Here's the thing though - I definitely completed this form and gave it to my company's tax team to submit on my behalf. I even have written confirmation that they would handle it for me! Now I'm stuck with this massive fine and I don't know what happened. Either my company's tax people never sent it, it got lost in transit, or the IRS misplaced it on their end. I'm trying to figure out if the IRS will consider this a reasonable explanation to contest the penalty. I've heard rumors that they don't really care about who's at fault - just that they didn't receive the form. Regardless, I'm the one stuck with this penalty. My company's tax department claims they have proof the 3250 and 3250-A forms were sent to the IRS and they're drafting a response letter. The front of the notice specifically states the 3250-A wasn't received, but the back mentions something about "incorrect or incomplete information" - not sure if that's just standard language they include on all notices. I've asked our tax team to double-check their copy of my 3250-A for any possible errors while we wait for the IRS response. Has anyone dealt with this situation before? What are my chances of getting this penalty abated? I'm seriously stressed about this $10,000 hanging over my head.

If your tax attorneys have proof the forms were sent, you should be fine eventually, but prepare for a long battle. The IRS is notorious for losing documents, even when they're delivered with signature confirmation. I had a similar situation with a different form last year. What worked for me was having my tax professional send a formal protest letter with: 1) A copy of the original form that was submitted 2) Proof of mailing (USPS tracking showing delivery) 3) A formal request for abatement citing "reasonable cause" 4) Reference to Internal Revenue Manual 20.1.1.3.2 which covers reasonable cause criteria The penalty was eventually removed but it took almost 7 months of back and forth. Be prepared to be patient and keep meticulous records of all communications. And NEVER talk to the IRS directly without your tax attorney present.

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Dmitry Popov

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Is the process any different if the form was actually incomplete rather than just lost? The back of OP's notice mentions incorrect information. My situation is similar but I'm pretty sure I messed up a section of my foreign trust reporting.

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For incomplete forms, the process is more complicated. The IRS is much less forgiving about errors than they are about delivery issues. If you knowingly submitted an incomplete form, you'll have a harder time proving reasonable cause. Your best option would be to immediately file a complete and correct form, then request abatement based on making a good faith attempt to comply, especially if this is your first time dealing with this form. Emphasize any complexity or confusion in the instructions that led to the error. If you relied on professional advice that resulted in the incomplete filing, that can also support reasonable cause.

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Ava Garcia

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Check if your company's tax lawyers sent it certified mail with return receipt! If they did and have that receipt, your case is much stronger. The Form 3250-A penalties are insanely harsh but the IRS is actually reasonable about abating them when you can prove you attempted to comply. Also, ask your tax attorneys if they included a Form 843 (Claim for Refund and Request for Abatement) with their response to the IRS. That's the official form for requesting penalty abatement and is crucial for getting this resolved properly. One last thing - if this drags on, keep an eye on the collection deadline. The IRS can be slow processing abatement requests but quick to send accounts to collections. Make sure your attorneys request a formal collection hold while your case is being reviewed.

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StarSailor}

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I made this exact mistake - didn't request a collection hold. Even with my abatement request under review, they sent me to collections and I had to deal with a whole separate department. Definitely make sure they formally pause collections while this is being sorted out!

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Don't forget about state taxes! Everyone's talking about federal returns, but if your partner lives in a state with income tax, they'll need to file those past returns too. Some states have separate amnesty programs or different penalties than the IRS.

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The Boss

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That's such a good point I completely overlooked! We're in California, so definitely have state taxes to deal with too. Would the process be similar for catching up on state returns?

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The process for California is similar but has some key differences. You'll need to file the past state returns separately using California's specific forms for each tax year. California's Franchise Tax Board (FTB) has their own document retrieval system, penalties, and payment plans that are separate from the IRS. What's actually helpful is that California has an online system that's sometimes easier to navigate than the federal one. You can register for a MyFTB account to access wage information and other tax documents the state has on file. Their payment plans tend to be shorter than IRS plans though, usually 12-36 months instead of up to 72.

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has anyone used one of those tax relief companies that advertise on radio? they claim they can settle with irs for pennies on the dollar. my brother owes like $40k and is thinking of using one

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I'd be very cautious about those tax relief companies. What they're referring to is called an "Offer in Compromise" which is a legitimate IRS program, but most people don't qualify for it. These companies often charge thousands of dollars upfront with no guarantee of results. The IRS only accepts offers when they believe the amount offered is the most they can expect to collect within a reasonable time period. Your brother would need to prove significant financial hardship. Many of these companies take large fees and submit applications that get rejected anyway.

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thanks for the info. he's been struggling with medical bills too so maybe he would actually qualify. do you know if people can apply for that offer in compromise thing without using one of those companies? I'm worried those radio ads are just scams like you're saying.

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Nia Thompson

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Question about mining - if I mined some crypto instead of buying it, how does that get taxed? Is it different from just buying and selling?

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NebulaNomad

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Mining is actually taxed completely differently! When you mine cryptocurrency, the IRS considers the fair market value of the coins you receive as ordinary income on the day you receive them. You have to pay taxes on that value immediately, even if you don't sell the crypto. Then, if you later sell those mined coins, you'll also have a capital gain/loss based on the difference between the value when you mined them (already taxed as income) and what you sold them for. So mining essentially creates a two-step tax situation: income tax when mined + capital gains tax when sold. This is why many miners set aside around 30-40% for taxes.

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if you use one of those crypto debit cards where you spend your crypto directly does that still count as selling? asking for a friend lol

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Zara Ahmed

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Yes! Using a crypto debit card is considered selling your crypto and then using the proceeds to buy something. Each purchase creates a taxable event. The IRS sees it as if you sold your crypto for USD first, then made the purchase.

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