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The thing that most people miss with RSUs is the basis reporting on Form 8949. When your RSUs vest, the FMV becomes your W-2 income AND becomes your cost basis for those shares. If you sold shares to cover taxes, you need to report those sales with the adjusted basis. Here's how to fix this: 1) Get your original Form 8949 that you filed 2) Create a corrected version showing the proper basis for each RSU transaction 3) Include a statement explaining the connection between your W-2 RSU income and the 1099-B transactions 4) Reference IRS Publication 525 which specifically addresses RSU taxation The most important part is proving that you're not trying to avoid taxes - you already paid them through your W-2 withholding at vesting.
Does this same process work for ESPP shares? I received a similar notice but for my employee stock purchase plan discounts.
For ESPP shares it's similar but with important differences. The discount you receive when purchasing ESPP shares isn't reported on your W-2 (unlike RSUs). Instead, you report the discount as ordinary income when you sell the shares. If you held the shares long enough for a qualifying disposition (generally 2 years from offering date and 1 year from purchase), you report the discount as ordinary income and any additional gain as capital gain. For disqualifying dispositions (selling earlier), you report the discount as ordinary income and the rest as capital gain. Make sure your Form 8949 correctly identifies the basis adjustment for the discount portion. Include documentation showing your purchase price, the fair market value at purchase, and your sale details.
I had almost the EXACT same situation last year! My CP3219A was for $12,450 in supposedly unreported income from RSUs. Here's what worked for me: 1. I called my broker and had them create a special statement that specifically showed which 1099-B transactions were from RSU vesting events 2. Got a letter from my employer confirming the exact RSU value included in my W-2 Box 1 3. Created a spreadsheet matching each RSU transaction to the corresponding vesting date and W-2 income 4. Wrote a cover letter explaining the double-counting mistake 5. Filed Form 8949 with a statement in column (f) for each transaction saying "BASIS ALREADY REPORTED AS INCOME ON W-2" The IRS accepted everything and closed the case. Don't panic - this is fixable!
Did you need to use a tax professional for this or were you able to handle it yourself? I just got a CP3219A for $9,200 and I'm trying to figure out if I can DIY this response or if I need to hire someone.
I'm in a similar unmarried situation and just had a consultation with a CPA about this. Here's what might help: 1) Have you calculated the difference between what you'd gain by filing HOH vs what your boyfriend might lose in healthcare subsidies? Sometimes the higher-earning parent filing HOH and claiming the kids provides more overall family benefit even if there's a small premium increase. 2) Make sure you're considering the Child Tax Credit which is up to $2,000 per qualifying child for 2024 tax year. This could be significant with two kids. 3) Look at childcare expenses if applicable - the Child and Dependent Care Credit might be more valuable to you as the higher earner. The best solution is usually to run the numbers both ways (you claim kids vs. he claims kids) and see which produces the best overall result for your household.
Did either of you use those Premium Tax Credits for the Obamacare plan? If so, be super careful about changing who claims the kids because it can cause major headaches with the Form 8962 reconciliation. My partner and I did this wrong one year and ended up owing $3200 back to the IRS because the subsidy was calculated based on different info than what we filed.
OMG I didn't even think about that. Yes, he definitely gets a subsidy that makes the insurance affordable. How do we avoid a big surprise bill? Did you find a way to fix this issue going forward?
To avoid the surprise bill, you need to update your Marketplace application ASAP to reflect your actual tax filing intentions. Log into healthcare.gov (or your state marketplace) and report a "life change" to update who will be claiming the kids as tax dependents. For fixing it going forward, we set a calendar reminder for every December to review our tax and insurance situation before the new year. We also printed out IRS Publication 974 which explains the Premium Tax Credit rules and read through the sections on shared policies. It's complicated but worth understanding! The good news is that if you're proactive about informing the Marketplace, you can usually avoid any negative impact on either the tax or insurance side.
I'm in a similar boat but with rental property sales. Just a note on capital gains - don't forget state taxes too! Depending on where you live, states can take a significant bite on top of federal capital gains taxes. I'm in California and was shocked at how much extra I owed to the state when I sold some investment property last year.
Do you know if there's any way to offset or reduce state capital gains taxes? Do strategies like 401k contributions work for state taxes too?
Generally, 401k contributions will reduce your state taxable income as well as federal, so that strategy works for both. In most states, their tax system is linked to the federal system, so deductions that work federally often work at the state level too. Some states have unique quirks though. A few states offer special capital gains exclusions for in-state investments or specific industries. And nine states (Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington, and Wyoming) don't have income tax at all, so capital gains are only taxed federally if you live there.
Has anyone used tax-loss harvesting to offset capital gains? I'm thinking about selling some underperforming stocks to balance out my gains but not sure if it's worth it or how exactly it works.
Tax-loss harvesting can be a great strategy. Basically, you can use investment losses to offset your capital gains dollar-for-dollar. If your losses exceed your gains, you can even use up to $3,000 of those losses to offset ordinary income, with any remaining losses carrying forward to future years. Just be careful about the wash-sale rule - if you sell an investment at a loss and buy the same or a "substantially identical" investment within 30 days before or after the sale, you can't claim the loss for tax purposes.
I created a custom Excel spreadsheet that helps with ERTC/PPP optimization that I'm happy to share. It's not as fancy as dedicated software, but it has formulas that calculate different scenarios based on which wages you allocate where. Key features: 1. Separates employees by quarter/PPP period 2. Calculates ERTC for different qualified wage caps 3. Optimizes PPP forgiveness with non-payroll expenses 4. Shows total benefit comparison between different allocation methods Message me your email if you want a copy. It comes with no guarantees but has worked well for my 30-employee manufacturing business.
This sounds great! Would your spreadsheet work for a restaurant business with about 45 employees? And does it account for the different ERTC rates between 2020 (50% of qualified wages) and 2021 (70% of qualified wages)?
It should definitely work for a restaurant with 45 employees. You'll just need to add more rows for the additional staff, but all the formulas will adjust automatically. And yes, it has separate sections for 2020 and 2021 with the different credit percentages (50% vs 70%) and different qualified wage caps ($10,000 per year in 2020 vs $10,000 per quarter in 2021). I actually designed it when helping a friend with his restaurant, so it already has some restaurant-specific features like allocating tipped employees appropriately. Just make sure you customize the state unemployment rate section since that impacts some calculations.
Has anyone actually had their ERTC claim accepted and received a check yet? We submitted amended 941s for Q2-Q4 2020 and Q1-Q3 2021 almost a year ago and haven't heard anything. Our CPA says the IRS is backlogged by 18-24 months on these claims. Just wondering if there's any light at the end of this tunnel...
We just got our ERTC refund last month after waiting 14 months. Filed in March 2022 and check arrived April 2023. About $168k total. No explanation for the delay and no interest payment included even though they're supposed to pay interest after 45 days. Just be patient, it'll come eventually.
Avery Davis
Something important to consider - there's a specific IRS Form 8948 for "Reasonable Cause" waiver requests. Given your health situation, you might qualify. The IRS takes illness seriously as a reasonable cause for failing to make estimated payments, especially if you can document that your condition prevented you from managing your tax obligations. When you file, attach a detailed letter explaining your medical situation and why it prevented you from handling your tax withholding or making estimated payments. Include any relevant documentation like doctor's notes or hospital records (with personal details redacted). You might still owe the tax, but the penalties could be waived completely.
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Collins Angel
ā¢Is Form 8948 something that can be e-filed or do you have to mail everything in? I'm in a similar situation but I really don't want to paper file if I can avoid it.
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Avery Davis
ā¢There's actually no Form 8948 specifically for reasonable cause - I apologize for the confusion! What you need to do is write a penalty abatement letter explaining your reasonable cause (your illness) and attach any supporting documentation. If you're e-filing, you'd need to mail this letter and documentation separately after filing. Reference your SSN and tax year on all documents. While you can e-file your return, the reasonable cause request typically needs to be mailed separately. Some tax software allows you to include a brief statement with your e-filed return, but a formal request with documentation will need to be sent by mail for proper consideration.
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Marcelle Drum
One thing to consider is making an estimated tax payment NOW before filing season starts. It won't eliminate all penalties since it's late, but it will stop them from continuing to accrue. The 4th quarter estimated payment deadline for 2024 is January 15, 2025.
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Tate Jensen
ā¢Definitely this! You can make an estimated payment online using IRS Direct Pay. It's super easy and takes like 5 minutes. Way better than owing a giant lump sum when you file.
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