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Just wanted to add - whatever you do, DON'T just ignore reporting the income. My brother did that with a small job (about $1200) a few years ago, and the IRS sent him a notice about 8 months after he filed. They had the W-2 info from the employer, assessed additional tax plus a 20% accuracy-related penalty AND interest. It ended up costing way more than if he'd just handled it correctly from the start.
Thanks for sharing that! That's exactly what I was worried about. Did your brother have to file an amended return or did the IRS just send him a bill?
The IRS sent him a CP2000 notice showing the discrepancy and their calculation of what he owed. He had the option to dispute it or agree and pay. Since it was legitimate income he hadn't reported, he just paid the amount. It wasn't catastrophic, but definitely more expensive and stressful than if he'd just reported it correctly the first time. The peace of mind from doing it right is worth the extra effort now.
If the company truly went out of business and you have absolutely no way of getting the W-2, you should contact your state's Department of Labor. Many states require companies to maintain certain records even after closing, and the DOL might be able to help you get the information you need. Worked for me in a similar situation last year!
This is great advice. I had a similar issue and found out the payroll records were being maintained by a third-party processor even though the business was gone. Might be worth checking if you know what payroll service they used.
Your CPA is completely wrong and honestly sounds incompetent when it comes to crypto taxes. I've been filing crypto taxes since 2016 and here's what you should know: 1. Accuracy absolutely matters. Even if you're overpaying, you're signing the return saying it's accurate to the best of your knowledge 2. Unrealized gains are NOT taxable - that's a fundamental misunderstanding of tax law 3. Missing a Schedule 1 for staking rewards is a clear error 4. Incorrect cost basis will cause headaches in future years when you sell those assets I wouldn't pay full price for work that was fundamentally flawed. Maybe offer to pay a reduced amount for his time, but make it clear the work product was unacceptable. And definitely file the correct return that you prepared yourself.
Do you think the CPA could get in trouble if OP reports him to the state board? My tax guy messed up some stuff too and I'm wondering if I should report him.
Yes, CPAs are licensed professionals who can face disciplinary action from their state boards for substandard work. The severity depends on whether this was a simple mistake or represents a pattern of incompetence. Before formal reporting, I'd recommend clearly documenting the errors in writing and giving the CPA an opportunity to correct the issues or adjust their fee. Most licensing boards want to see that you attempted to resolve the issue directly first. If they're dismissive or refuse to acknowledge clear errors (like taxing unrealized gains), then reporting becomes more appropriate. Make sure you keep copies of all communications and the incorrect tax documents to support your complaint.
Not a CPA but I've been doing my own crypto taxes since 2017. What software did you end up using to figure it all out yourself? I'm going through a similar situation this year with way too many transactions to track manually.
I tried a couple different options but ended up using Koinly for tracking all the transactions and calculating the gains/losses. It was pretty intuitive for importing from different exchanges. Then I just took those totals and put them into FreeTaxUSA for the actual filing. The whole process was definitely time-consuming upfront but now that I understand it, next year should be much easier. I also created a detailed spreadsheet where I documented everything so I have backup records. The most annoying part was figuring out the staking rewards since they count as income at the fair market value when received. The tax software I used makes it pretty clear where to report everything.
Don't panic, but don't delay either. This is almost certainly identity theft, and you need to take immediate steps beyond just responding to the CP2000: 1. Pull your credit reports ASAP (annualcreditreport.com) 2. Put a freeze on your credit at all three bureaus 3. Change passwords on your financial accounts 4. Set up credit monitoring 5. File a complaint with the FTC at identitytheft.gov 6. Consider filing a police report THEN deal with the IRS using the advice others have given. Trust me, I work with identity theft victims, and the quicker you address the wider implications, the better off you'll be.
Thanks for this advice! I pulled my credit reports right after reading this and thankfully don't see any suspicious accounts or inquiries. I've already frozen my credit at all three bureaus and filed the FTC complaint. Would you still recommend filing a police report even though there don't seem to be any other signs of identity theft beyond the fake W-2s?
Absolutely still file a police report. Even if there aren't currently other signs of identity theft, having an official police report will be extremely helpful if anything else pops up later. It creates a timeline and official documentation of when you first discovered the identity theft. Some identity thieves are specifically targeting tax fraud without touching credit because it can fly under the radar longer. The fact that they've filed W-2s using your SSN at multiple law firms suggests this is a sophisticated operation, not just a random scammer. These operations often sell stolen identities on the dark web, so other issues could surface later. Having that police report now establishes you as a victim from the start.
Anyone else think it's weird they picked law firms specifically? Like why not just random companies? Makes me wonder if the scammer works at a law firm and has access to the payroll system or something.
One thing nobody's mentioned yet - make sure your S-corp election (Form 2553) was properly filed and accepted. If the IRS didn't process your S-corp election correctly, you could technically still be taxed as a C-corp or disregarded entity, which would completely change how distributions are treated. I learned this the hard way after thinking I was an S-corp for 2 years but then finding out my accountant never confirmed the election was accepted. Had to go back and fix everything. The IRS should send a confirmation letter - if you don't have that, double-check your status before making any distribution plans.
That's a really good point I hadn't considered. I do have the confirmation letter from the IRS acknowledging my S-corp election, so I should be good on that front. But it's definitely something important to verify. Do you know if there's any specific form I should use to document the distributions to myself when I file my taxes? Or does it just flow through automatically on the K-1?
Good to hear you have your confirmation letter! For documenting distributions, they'll show up on your Schedule K-1 (Form 1120-S) in Box 16, Code D. There's no separate form you need to file specifically for the distributions. The K-1 will flow to your personal tax return. Just make sure you maintain good corporate records with minutes documenting the distribution approval. Also keep a running basis worksheet so you can track your basis from year to year - this becomes really important if you ever put additional money into the business or take distributions larger than a single year's profit.
Quick note on reasonable salary since that's often related to this question - the IRS doesn't have a specific formula for what counts as "reasonable" but your $102k sounds pretty solid assuming it's comparable to what others in your industry/position would make. I've seen the rule of thumb that distributions shouldn't exceed salary, but that's not an actual IRS rule.
Yep and industry matters a lot! For example, if you're in a service business where YOU are the primary value (consultant, lawyer, doctor), you generally need a higher salary percentage compared to someone in a capital-intensive business. I've seen the IRS successfully challenge cases where professionals tried to take 30% as salary and 70% as distributions.
StarStrider
I think there's also an ethical question here beyond just "can you report it?" and "will the IRS care?" Consider your relationship with your cousin and family dynamics. Tax fraud is wrong, but is reporting your cousin worth potentially destroying family relationships? Maybe try talking to him first about how serious this is and the penalties he could face if caught? The penalties for tax fraud can include up to 75% of the underpaid tax amount plus potential criminal charges in serious cases. Maybe sharing that information might scare him straight without you having to make a report.
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Dylan Campbell
ā¢But if you warn them, won't they just hide the evidence better? I had a former friend who was doing something similar and when someone in our group warned him, he just got more sophisticated about hiding it. Sometimes people need to learn consequences the hard way.
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StarStrider
ā¢That's a fair concern. If someone is determined to commit fraud, a warning might just make them better at concealing it. However, sometimes people genuinely don't realize the severity of what they're doing - they might see it as "bending the rules" rather than committing a federal offense. If you think your cousin might be receptive, a gentle approach might work: "Hey, I'm concerned about what you told me about your taxes. Those penalties can be really serious." But if they've shown they don't care about the rules or might become defensive, then you're right that a direct confrontation might not help the situation.
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Sofia Torres
The IRS whistleblower program actually pays rewards if the tax fraud is substantial enough! But there's a catch - it only applies if the tax, penalties and interest exceed $2 million AND the person's annual gross income exceeds $200,000. Sounds like your cousin is way below that threshold, but thought it was worth mentioning. For smaller cases like this, you'd use Form 3949-A as others mentioned, but there's no reward. I've heard the IRS is pretty overwhelmed so smaller cases might not get immediate attention, but they do keep records and if patterns emerge they might investigate.
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Dmitry Sokolov
ā¢Is there any way to find out what happened after you submit a tip? Like do they tell you if they investigated or collected more tax? I reported an employer a few years ago who was paying people under the table but never heard anything about what happened.
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