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Something important nobody's mentioned yet - if you claimed any interest income from this loan on previous tax returns, that strengthens your case that this was a legitimate loan and not a gift. If you didn't charge interest or report any, the IRS might be more suspicious about whether this was truly a loan. Also, make sure you're claiming this in the right tax year. The deduction should be claimed in the year the debt becomes totally worthless. If your brother officially closed his business last year or declared he couldn't pay you back last year, that's when you should claim it - not this year.
I did charge a small interest rate (like 2%) but I never actually reported it on my taxes since he never made any payments. Should I go back and amend those previous returns to show the interest I SHOULD have received, even though I didn't get it? Would that help my case or just complicate things?
You don't need to amend previous returns to report interest you never received. In fact, doing so might raise red flags. What matters is that you had a legitimate expectation of being repaid with interest, which your loan agreement should show. The IRS follows the concept of "constructive receipt" - you only need to report income when you actually receive it or have unrestricted access to it. Since you never received any interest payments, there was nothing to report. Just focus on documenting that this was a genuine loan with the expectation of repayment, and that the debt has now become worthless.
I'm confused about the capital loss treatment. If OP claims this $47k as a non-business bad debt, does that mean they can only deduct $3k per year? So it would take like 16 years to fully deduct the loss?
Yes, that's right. Non-business bad debts are treated as short-term capital losses, which means they're subject to the capital loss limitation ($3,000 per year against ordinary income). However, if OP has any capital gains in the same year, the loss would first offset those gains. Any remaining loss can be carried forward indefinitely to future tax years. So if OP has no capital gains, it would take about 16 years to fully utilize the $47,000 loss. But if they have capital gains in future years, they could use more of the loss carryforward each year to offset those gains without the $3,000 limitation.
For what it's worth, this happens more often than people realize with post-audit CP22 notices. The IRS systems don't always properly sync up the audit adjustments with their automated billing system. One tip that helped me: when you do get through to someone, ask them to document everything in your account notes. Then request a "record of account" transcript afterward to verify the corrections were properly noted in their system.
Can you request that transcript online or do you have to call again? This whole process gives me so much anxiety.
You can request a record of account transcript online through the IRS website if you have an online account set up. Go to irs.gov, log in to your account, and request the transcript. They usually process it within 5-10 business days. If you don't have an online account, you can also use Form 4506-T to request it by mail, but that takes longer (usually 2-3 weeks). The online method is definitely faster and easier if you're already set up with an online account.
Could this be penalty and interest on top of the original amount? When did you get the CP22 compared to when you agreed to the audit results? If it's been a while, the IRS adds penalties and interest which can really add up.
The audit concluded about 6 months ago, and I just got the CP22 yesterday. But even with penalties and interest, it shouldn't double the amount in just 6 months. The notice does break down some penalties and interest but the base amount itself is showing as around $6,800 instead of the $3,800 we agreed on during the audit. So something is definitely wrong with their calculations.
The IRS penalty rate is nowhere near 100% for 6 months. Even with the failure to pay penalty (0.5% per month) and interest (federal short-term rate plus 3%, currently around 7% annually), the most the penalties and interest should add is maybe 10-15% to the original amount over 6 months. Doubling the amount definitely indicates an error.
One thing nobody's mentioned - are you claiming any tax credits? With your income level, you might qualify for the Saver's Credit (Form 8880) for your 401k contributions. Depending on your exact AGI, you could get up to 10% or 20% credit on your retirement contributions. Also, do you have any student loan interest, education expenses, or other potential deductions outside of what you mentioned? Those could potentially generate a refund if you're not accounting for them.
I had no idea about the Saver's Credit! I'll definitely look into that. I do have some student loan interest (about $1,200 last year) but I've been including that on my returns. I don't think I have any other major deductions I'm missing, but maybe I should double check. What's the income limit for the Saver's Credit? I'm worried I might make too much to qualify.
The Saver's Credit has phaseout limits that change annually. For the 2024 tax year (filing in 2025), the credit begins to phase out at $46,000 for single filers and is completely phased out at $71,000. With your income around $68,000, you might qualify for a partial credit, which could result in a small refund. Your student loan interest deduction is good to include - that's up to $2,500 in deductible interest annually. If you work from home at all, you might also want to check if you qualify for any home office deductions, especially if you're an independent contractor for any portion of your income. Every little bit helps!
Has anyone actually compared tax software to see if different programs give different refund amounts? Last year I tried my return on both TurboTax and FreeTaxUSA and got a $340 difference between them - apparently TurboTax missed a deduction that FreeTaxUSA caught. Maybe try running your numbers through a different program than what you've been using?
YES! This happened to me too. H&R Block online gave me a completely different result than Credit Karma Tax (now Cash App Taxes). Turned out H&R Block was correctly applying a credit that Cash App missed. Definitely worth trying a different software.
I ran into this exact problem when selling my rental in Phoenix last year. I noticed the 1099-S amount ($342,000) wasn't showing up on line 1a of Form 4797 even though TurboTax calculated everything correctly. I called TurboTax support and they acknowledged the bug but said they didn't have a fix for it. The support rep recommended I print the return, manually write in the 1099-S amount on line 1a, and mail it in instead of e-filing. That seemed like overkill to me, so I just e-filed as is. Never heard anything from the IRS about it, and that was for my 2023 return.
Did you consider filing an amended return after you noticed the issue? I'm wondering if I should do that since I just found this bug on my already-filed 2024 return.
I didn't file an amended return, and I wouldn't recommend doing so in your case either. An amended return should be used for substantial errors that affect your tax liability, not for missing information that doesn't impact the final calculations. Since the sale details are correctly reported elsewhere on Form 4797 and your tax calculation is accurate, filing an amended return would likely just create unnecessary complexity and potentially delay any refund you're expecting. In my case, the IRS processed my return without any issues despite the blank line 1a.
Has anyone tried calling the IRS directly about this issue rather than relying on forum advice? I have the same problem with a rental property I sold in 2024 for $198k, and my Form 4797 also shows $0 on line 1a even though I got a 1099-S.
From my experience talking with the IRS (mentioned in my comment above), they're well aware of this TurboTax bug. The agent I spoke with said they see this frequently and it doesn't trigger any compliance issues as long as the property sale is fully reported with the correct amounts elsewhere on Form 4797.
Yuki Kobayashi
Listen, I used to work at the IRS (not anymore thank god lol). The REAL truth is they don't care how big your package is š but they DO care if it's disorganized. My advice: 1. Make a cover letter explaining EXACTLY what you're requesting 2. Include a table of contents for your docs 3. Number ALL pages 4. Highlight the important parts on each doc 5. Include the relevant IRS rule that allows for late election (Rev Proc 2013-30) I processed thousands of these. The ones that got approved fastest were the organized ones, not necessarily the smallest ones.
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Carmen Vega
ā¢Would you recommend mailing it certified so I have proof they received it? I've had stuff "lost" by the IRS before.
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Yuki Kobayashi
ā¢Absolutely use certified mail with return receipt. That gives you proof of when it was received and by whom. Keep a complete copy of everything you send (EVERYTHING) including the certified mail receipt. Also good practice to follow up by phone about 30 days after sending to confirm it's been received and assigned to someone. Ask for the status and document who you speak with. If you get nowhere with that call, wait 2 weeks and try again.
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QuantumQuester
Has anyone actually successfully done a late s-corp election? I'm in the same boat (forgot to file my 2553 when I started my business in 2023) and now trying to fix it before filing 2024 taxes. My accountant says it's possible but I'm worried about getting denied and having to pay the higher taxes.
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Andre Moreau
ā¢I did it in 2022 and got approved! The key is showing that you've been consistently treating the business as an S-corp in all your filings and operations. In my case I had filed corporate returns, taken reasonable salary, etc. They approved it retroactively even though I was like 18 months late with the election.
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