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IRS form CP3219A Notice of Deficiency for Unreported RSU Income - What to Do?

I just got hit with a CP3219A notice from the IRS about 3 weeks ago claiming I owe a bunch more taxes for 2023 due to "unreported income." After some digging, I'm pretty sure this is related to my Restricted Stock Units (RSUs) that vested last year. I've already checked with my company's payroll department who confirmed that all of my RSU income was properly included in Box 1 of my W-2. My brokerage also provided documentation showing that shares were automatically sold at vesting to cover the tax withholding for each vesting event throughout 2023. The weird part is that the IRS documentation includes a list of securities transactions reported by my brokerage that doesn't match anything I can find in my records (I've checked everything including my ESPP purchases). The amount they claim I owe is significantly higher than what makes sense based on my actual RSU vesting schedule. I'm planning to respond by sending: - Form 5564 (once I can locate it) - Copy of my 2023 W-2 - Copy of my 2023 tax return - Confirmation statements from my brokerage showing taxes were withheld - Supporting documentation from payroll verifying RSU reporting - A letter explaining that I believe all income was properly reported and taxes paid Has anyone dealt with the CP3219A notice specifically for RSU issues? Any advice on what else I should include in my response or how to proceed? I'm confident I don't actually owe anything, but want to make sure I'm handling this correctly.

Isaiah Cross

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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.

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Kiara Greene

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Does this same process work for ESPP shares? I received a similar notice but for my employee stock purchase plan discounts.

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Isaiah Cross

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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.

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Evelyn Kelly

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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!

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Paloma Clark

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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.

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Toot-n-Mighty

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Just to add another perspective - material participation tests typically come into play for rental properties, business interests, or if you're a partial owner in an S-corporation or partnership. There are 7 different tests the IRS uses to determine if your participation is "material": 1. You work 500+ hours in the activity during the year 2. Your participation is "substantially all" the participation in the activity 3. You participate more than 100 hours and no one else participates more 4. The activity is a "significant participation activity" and you exceed 500 hours in all SPAs 5. You materially participated in 5 of the last 10 years 6. The activity is a personal service activity and you materially participated in any 3 prior years 7. Based on facts and circumstances, your participation is regular, continuous, and substantial But again, if you're just an employee getting a W-2, none of this applies to you!

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Lena Kowalski

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This is super helpful, thanks! Question - does the 500 hour requirement have to be exact? Like do I need to document every single hour I worked on my side business?

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Toot-n-Mighty

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You don't need to document every minute, but you should have reasonable support for your hour claims if you ever get audited. The IRS doesn't require a specific format - you can keep logs, calendars, appointment books, or even create summaries based on your regular schedule. The key is having something contemporaneous (created around the time of the activity) rather than trying to reconstruct everything years later if you're audited. For a side business where you're close to the 500-hour threshold, I'd recommend at least tracking days worked and approximate hours per day. If you work a very regular schedule, you might be able to create a reasonable calculation (like "I work every Tuesday and Thursday evening for 4 hours, plus every other Saturday for 8 hours" = approx 520 hours per year).

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Unrelated to your specific question but I got a similar confusing form last year, and what they were actually doing was checking if I qualified for a special small business tax credit. When I called, they explained they sent it to everyone in certain fields but only business owners needed to respond. Bureaucracy at its finest lol! Could be something similar for you.

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Mei-Ling Chen

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This happened to me too! Turned out they were trying to determine if I qualified for a green jobs tax incentive since I work in environmental remediation. The form was poorly worded and looked like it was questioning my employment status, but really they were trying to give my employer a tax break for hiring people in my field.

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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.

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Juan Moreno

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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?

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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.

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Amy Fleming

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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.

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Justin Trejo

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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.

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Jade Lopez

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Consider checking if you qualify for any property tax exemptions too! Depending on your state and county, there might be homestead exemptions, senior citizen breaks, or veteran benefits that could offset some of the increase. For example, in our county, they have a "circuit breaker" program where if property taxes exceed a certain percentage of your income, you can get some relief. My mother-in-law qualified for this when her taxes shot up, and it saved her almost $900 last year.

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Tony Brooks

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Do these exemptions require applying every year? My parents are seniors and I'm trying to help them figure this out for their property tax increase.

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Jade Lopez

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It varies by location. Some exemptions like the basic homestead exemption usually only require a one-time application that remains in effect as long as you own and occupy the home. Senior exemptions often need annual renewal because they're typically income-based, and they want to verify the person still qualifies. Some places have simplified renewal processes where you just confirm nothing has changed. Check your county assessor's website for specific requirements or call them directly - this is definitely worth looking into for your parents!

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has anyone tryed arguing that theres no way home value could have gone up that much? my house is definetly not worth 40% more than last year... its got the same old roof and basicly nothing has changed. this feels like a money grab by the county!!

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Yara Campbell

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That approach alone probably won't work. Assessments are based on market value, not condition. If homes are selling for 40% more in your area (even with old roofs), that's what they'll use. You need to focus on: 1) comparable sales that support a lower value, 2) specific issues with your property they missed, or 3) errors in how they calculated the assessment.

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Justin Trejo

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Something important that hasn't been mentioned yet - there could be significant capital gains tax implications for you down the road with this arrangement. When your parents add you to the deed as a gift, you inherit their cost basis in the property. Let's say they bought it for $195,000 in 2012. When you eventually sell the property, your capital gains will be calculated based on that original purchase price, not the value when you were added to the deed. This is different from if you inherited the property after their passing, where you'd get a "stepped-up" basis to the fair market value at the time of inheritance. Also, if this is a rental property, there are depreciation recapture considerations that can significantly impact your taxes down the road. You might want to consult with a tax professional to understand all the long-term implications before proceeding.

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Monique Byrd

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I hadn't even thought about future capital gains implications! So you're saying if we sell the property later at say $500,000, our share of the gain would be based on the original $195,000 purchase price rather than the $410,000 value when we were added to the deed? That's a pretty big difference in potential tax. Is there any way around this, or would it be better tax-wise to inherit the property later instead of being added to the deed now?

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Justin Trejo

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That's exactly right. If you sell at $500,000 and your share of the original basis is based on the $195,000 purchase price, you're looking at a much larger capital gain than if you had a stepped-up basis from inheritance. From a pure tax perspective, inheriting property is often more advantageous than receiving it as a gift because of the stepped-up basis. However, there are non-tax reasons your parents might want to add you to the deed now - like avoiding probate or starting to transfer ownership during their lifetime. Another option worth exploring is whether your parents could sell you a partial interest in the property at its current fair market value. This would establish your basis at today's value. They could potentially do this as an installment sale or even forgive the payments as annual gifts under the exclusion amount. This gets complicated though, so definitely consult with a tax professional who specializes in real estate transactions.

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Alana Willis

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One thing I haven't seen mentioned - if your parents have a mortgage on this rental property, adding you to the deed could trigger the due-on-sale clause, which means the entire mortgage might have to be paid off immediately. This happened to my brother's family! Also, depending on your state, this transfer could trigger a reassessment of property taxes, which could significantly increase the annual property tax bill. Worth checking your local rules before proceeding.

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Tyler Murphy

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This is super important! My family did something similar in California and got hit with a massive property tax increase because the transfer triggered a reassessment. We had no idea that would happen.

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