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One thing to consider is that even if filing Form 706 doesn't result in tax due, it provides documentation that protects your family later. My aunt didn't file 706 when my uncle passed (thinking it unnecessary since his estate was under the exemption), but when she passed years later, there were complications with proving basis for inherited assets and questions about prior gifts. The 706, even when no tax is due, creates a clear record of asset values and transfers that can be crucial for future tax situations. It's a pain to complete, but worth it for the peace of mind and future protection.
How much did it cost to have an attorney prepare the 706? I've heard it can be several thousand dollars even for straightforward estates. Wondering if it's worth it when no tax will be owed.
We paid around $8,000 for the attorney to prepare the Form 706, which included a full inventory and appraisal of assets. This was for a moderately complex estate with some business interests and multiple properties. The cost can vary significantly based on the complexity of the estate and your location. While it seemed expensive at the time, especially since we knew no tax would be due after applying the DSUE, I now view it as insurance against future complications. The step-up in basis alone was worth documenting properly, as it saved significant capital gains taxes when certain assets were later sold. Some attorneys offer more competitive rates for "no-tax-due" 706 filings, so it's worth shopping around.
Remember that the filing deadline for Form 706 is 9 months after date of death, and you'll need a formal appraisal for any significant assets. Start early! We waited too long and had to file for an extension.
Can confirm this! We scrambled at the last minute and the rush appraisals cost us almost double. Also, make sure to elect portability of any unused exemption even if you don't think the surviving spouse will need it. Tax laws and situations change.
My accountant told me that for small businesses, the IRS is more concerned with you eventually filing the forms rather than hitting the exact deadline. I was late filing 5 1099s last year (by about 3 months) and included a letter explaining that I was a new business owner unfamiliar with the requirements. Never heard anything from the IRS about it, no penalties. Just make sure you're accurate with the information when you do file. According to my accountant, the IRS is mainly looking for intentional avoidance, not honest mistakes by small business owners.
Does your explanation letter need to follow any specific format? I'm worried about writing something that makes things worse instead of better.
The letter doesn't need to follow any specific legal format, but it should be professional and concise. Mine simply stated: "This is my first year filing 1099s as a business owner. I was unaware of the January 31 deadline. Upon discovering my error, I immediately collected the necessary information and am filing these forms as soon as possible. I've implemented a tax deadline calendar to ensure timely filing in the future." Keep it simple, honest, and focus on the steps you've taken to correct the issue and prevent it from happening again. Don't make excuses or include unnecessary details.
Don't stress too much. I've been a small business owner for 6 years and messed up 1099s twice. Once I completely missed filing for a contractor (didn't realize the amount exceeded $600) and another time I filed 4 months late. In both cases, I filed as soon as I realized my mistake, included a simple explanation letter, and never received any penalties. The IRS has bigger fish to fry than small business owners making occasional honest mistakes. They're looking for patterns of non-compliance, not one-time errors. Just don't ignore it - that's the worst thing you can do. File those forms ASAP and you'll likely be fine.
What software do you recommend for filing late 1099s? Can regular tax software handle it or do you need something special?
Any tax software that handles 1099s can work for late filing. I use QuickBooks for my business and it lets me generate 1099s anytime, even well past the deadline. The forms look exactly the same, they're just submitted late. If you don't have accounting software, you can use something like Tax1099.com or even IRS free fillable forms. Just make sure to include the transmittal Form 1096 with your paper submission, as that's required when submitting 1099s by mail. And remember to check the box on Form 1096 indicating these are late-filed returns.
One thing nobody has mentioned - have you checked the IRS account transcript for 2019? Log into your IRS online account and pull the account transcript (not the return transcript) for 2019. Sometimes there are codes on there that indicate they received your amendment and what's happening with it, even when the "Where's My Amended Return" tool shows nothing. Look for Transaction Code 971 (notice issued) or 970 (amendment received). These might give you clues about what's happening. I had a similar situation where my amended return disappeared into the void, but the transcript had codes showing they had questions.
Thanks for this suggestion! I just checked my IRS transcript online and found a TC 971 from about 5 months ago but never received any notice. Would you know what my next step should be? Should I call and reference this specific code?
Yes, definitely call and reference that specific TC 971 code along with the date it shows on your transcript. That's proof they've at least started processing your amendment. When you call, ask specifically what notice was issued related to that code. It's very common for IRS notices to get lost in the mail or sent to old addresses. Tell them you never received anything and ask if they can reissue the notice or tell you what information they need from you to continue processing your amendment. Having this specific code information will help get you to a more knowledgeable agent when you call.
Just wanted to add that I had a similar issue with a 2019 amendment that took nearly 14 months to process. What finally worked for me was contacting my congressional representative's office. They have caseworkers specifically for dealing with federal agencies like the IRS. I filled out a privacy release form, explained my situation, and within 3 weeks, I got a call from the IRS about my amendment. Apparently it had been sitting in a queue waiting for review, but the congressional inquiry bumped it up for attention. It still took another month to actually process after that, but at least I got information and resolution. Might be worth trying if you've already waited 8+ months with no updates.
I second this approach. I had a similar issue with an amended return and my senator's office was able to help. The caseworker told me they're seeing a huge increase in IRS cases because of the backlog. Worth trying if other methods don't work.
Quick question - does anyone know if I should report my kid as "can be claimed as dependent" if I'm dealing with Form 8615? My daughter made about $5,000 last year from a summer job plus has some dividend income, but I'm not sure if checking that box affects how the kiddie tax is calculated.
Yes, you should definitely mark that your child can be claimed as a dependent if that's the case. The kiddie tax (Form 8615) specifically applies to dependents with unearned income above a certain threshold. If you don't indicate they're a dependent, the tax calculations will be incorrect.
Just want to mention that if your child only has unearned income (no job income), you might have the option to include it on YOUR tax return using Form 8814 instead of filing a separate return with Form 8615. That can sometimes be simpler. But since your daughter has both earned income from her job and investment income, she'll need to file her own return with Form 8615. Also, the threshold for filing Form 8615 in 2024 (for 2023 taxes) is $2,500 in unearned income, so with $1,800 you might actually be under the threshold and don't need Form 8615 at all. Double check the current year's threshold!
Jay Lincoln
Has anyone tried the IRS Direct File pilot program? I heard they're expanding it for 2025 and it's completely free with no income limits. Curious if it's user friendly or if it's basically just like using the forms directly.
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Jessica Suarez
ā¢I was in one of the test states last year. It's pretty basic but works fine for simple returns. The interface is clean but there's minimal guidance - it basically asks you questions and fills in the forms. No fancy explanations or hand-holding like commercial software. The big limitation is it doesn't support all tax situations yet. I couldn't use it because I had HSA contributions. But if you have W-2 income, some 1099 interest, and standard deduction, it works perfectly fine. And you can't beat the price!
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Marcus Williams
One thing to consider - sometimes the paid versions DO get you more money back if your situation is complicated. I switched from TurboTax to H&R Block last year and got an extra $720 back because their question sequence helped me realize I qualified for the Lifetime Learning Credit that TurboTax somehow missed. So maybe try running your info through a couple different free options before filing?
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Lily Young
ā¢I've had the opposite experience. I did a test last year and entered identical info in TurboTax, H&R Block and FreeTaxUSA. All three gave me exactly the same refund amount. The difference was TurboTax wanted $120, H&R Block wanted $75, and FreeTaxUSA only charged $15 for state filing (federal was free). Tax math is tax math - a deduction or credit works the same way regardless of which software you use.
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