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I went through something very similar during my separation in California. The key thing to understand is that you're not required to have perfect information to file Form 8958 - you just need to make a good faith effort to comply with the law. Here's what worked for me: I filed using only the information I had access to (my own income) and included a detailed statement explaining that my spouse refused to provide their W2 despite multiple requests. I documented every attempt I made to get the information - saved screenshots of texts, emails, etc. For the community property allocation, I used the prior year's tax return to estimate what my spouse's income might have been, then clearly noted this was an estimate based on limited information. The IRS accepted my return without any issues. The most important thing is to be transparent about your situation and show that you've made reasonable efforts to get the missing information. Don't let your spouse's lack of cooperation prevent you from filing on time. The IRS deals with these situations more often than you might think, especially with separated couples.
This is incredibly helpful - thank you for sharing your experience! I'm in a very similar situation and have been really worried about getting penalized by the IRS for not having complete information. Did you end up having any follow-up issues with the IRS after filing? Also, when you made your estimate based on the prior year, did you just use the exact same amount or did you try to adjust for potential changes? I'm trying to figure out how detailed my estimates need to be. Your point about documenting everything is really smart - I hadn't thought about saving screenshots of my attempts to get the information. That definitely shows good faith effort on my part.
I want to echo what others have said about documenting your good faith efforts - this is absolutely crucial for your situation. The IRS recognizes that separated spouses often can't access each other's financial information, and they have procedures in place for exactly these circumstances. One thing I haven't seen mentioned yet is that you should also consider reaching out to your divorce attorney (if you have one) about this tax issue. They might be able to compel your spouse to provide the W2 information through the discovery process, since financial disclosure is typically required in divorce proceedings anyway. Even if it's too late for this tax year, it could help for future years while your divorce is pending. In the meantime, file with what you have using the approaches others have outlined - make reasonable estimates based on prior year information, attach a detailed explanation of your situation, and document all your attempts to obtain the missing information. The key is showing the IRS that you're acting in good faith and not trying to hide income or avoid taxes. Don't let your spouse's refusal to cooperate put you at risk for late filing penalties. You have legitimate options to move forward, and the IRS understands these situations happen during separations.
This is really solid advice about involving your divorce attorney in the tax documentation process. I'm dealing with a similar situation and hadn't considered that the discovery process could help with getting the W2 information. One question - if my spouse is ordered by the court to provide financial documents during discovery, but the tax deadline passes before I get them, would the IRS accept an amended return later? Or is it better to just file with estimates now and deal with any corrections later if needed? I'm also wondering if there are any specific penalties I should be aware of for filing Form 8958 with incomplete information, even with good documentation of my efforts to get the missing data.
As someone who's been dealing with IRS correspondence for my small business for over 5 years now, I want to add my voice to this incredibly supportive thread! Reading through everyone's experiences really highlights something important - we ALL go through this exact same anxiety cycle with IRS letters, and yet the actual outcomes are almost universally much better than our fears. I've probably received a dozen different types of notices over the years, from simple calculation corrections to requests for additional documentation. The pattern is always the same: days of worry followed by relief when I realize it's something completely manageable. The most "serious" one I ever got was a request to provide receipts for some business deductions, which took maybe an hour to gather and mail back. What I love about this conversation is how it's become a masterclass in the difference between perception and reality when it comes to IRS communications. @Lydia Bailey, I really hope you've opened your letter by now! And to everyone else who's shared their stories - thank you for creating such a helpful resource for anyone who finds themselves staring at that intimidating envelope. One last tip: I keep a folder now with copies of all my IRS correspondence and responses. It's actually become quite boring and routine, which is exactly how it should be. These interactions are just part of running a business, not emergencies to panic over.
@Mateo Perez Your point about keeping a folder of IRS correspondence is brilliant! As someone completely new to this whole world of business taxes and government communications, I never would have thought of that, but it makes so much sense. The idea of these interactions becoming boring "and routine is" actually really comforting - right now it feels like such a big, scary thing, but you re'absolutely right that it s'just part of normal business operations. I love how this entire thread has evolved into this amazing support network where people are sharing not just their immediate experiences, but also practical long-term strategies for managing these situations. Reading everyone s'stories has completely transformed my perspective from seeing IRS letters as catastrophic events to viewing them as routine business correspondence that just needs to be handled promptly and professionally. Thank you for adding your voice and experience to this incredibly helpful discussion!
I can absolutely relate to that envelope anxiety! As a newer member of this community who's been dealing with small business taxes for just a couple of years now, I want to echo what everyone else has said - the anticipation is truly the worst part. I received my first IRS letter about 18 months ago and I literally avoided my mailbox for two days because I could see it sitting there! When I finally opened it, it was just a notice that they had processed my quarterly payment and there was a small overpayment that would be applied to my next quarter. All that stress for what was essentially good news. What strikes me most about reading through this entire thread is how universal this experience seems to be. Almost everyone has gone through this exact same cycle of dread, avoidance, and then relief when the reality turns out to be so much more manageable than our fears. It's like we're all part of some unspoken club of "people who panic over IRS mail." @Lydia Bailey, I really hope you've found the courage to open your letter by now! And if you haven't, please know that you have an entire community here cheering you on and ready to help with whatever it contains. Based on everything I've read here, the odds are overwhelming that it's something straightforward that you'll be able to handle just fine. Thank you to everyone who shared their experiences - this thread is going to be such a valuable resource for anyone who finds themselves in this situation!
@Chloe Anderson Your story about avoiding your mailbox for two days really made me smile - I think we ve'all been there! It s'so reassuring to hear from someone who s'relatively new to business taxes too. I ve'been lurking in this community for a while but this is actually my first time commenting, and reading through everyone s'experiences has been incredibly eye-opening. The pattern is so consistent - we all build up these catastrophic scenarios in our heads, but the reality is almost always routine administrative stuff. What really gets me is how that official government letterhead just triggers such an immediate fear response, even when we know we ve'been honest and careful with our filings. I m'bookmarking this entire thread because I have a feeling I ll'need to come back and re-read it the next time I get any kind of official correspondence. Thank you for sharing your experience and for being so welcoming to newcomers like me!
Has anyone actually gotten a 1099k from paypal for under the 20k threshold? Im so confused because i keep hearing different things.
Just wanted to share my experience since I was in a similar boat last year. I received about $2,800 through various payment apps from friends and family - mostly splitting dinner bills, concert tickets, and my sister paying me back for mom's birthday gift. I was really stressed about it until I talked to a tax professional who explained that the current threshold is still $20,000 AND 200+ transactions, so most people won't even get a 1099-K. But even if you do get one, personal transfers between friends and family aren't taxable income. The key thing is being able to explain what the transfers were for if asked. I started keeping a simple note in my phone whenever someone sends me money over $50 - just "Sarah - her half of concert tickets $85" or "Mom reimbursement - groceries $120." Takes 10 seconds and gives me peace of mind. Don't stress too much about past transactions if they were genuinely personal. The IRS isn't trying to tax you on your friends paying you back for pizza!
I went through a similar broker transfer from Charles Schwab to Fidelity about 4 months ago and can echo what everyone else is saying - it's definitely not a taxable event when you do a standard ACAT transfer. The positions just move from one custodian to another without any sales being triggered. One thing I learned that might be helpful is to check if you have any mutual funds that are proprietary to your current broker. Schwab had some of their own mutual funds that couldn't transfer to Fidelity, so those positions had to be liquidated first (which did create taxable events for those specific holdings). The broker gave me advance notice about this, but I wish I had known to ask about it upfront. Also, if you're planning to do any tax-loss harvesting before year-end, make sure to coordinate that timing with your transfer. I was able to sell some positions at a loss before the transfer, then repurchase them at the new broker after the 30-day wash sale period, which actually worked out well for my tax planning. The whole process took about 7 business days, and Fidelity covered the $75 transfer fee from Schwab. Having access to better research tools and lower-cost index funds has definitely been worth the temporary inconvenience.
I transferred my portfolio from Etrade to Interactive Brokers about 8 months ago and can confirm it's not a taxable event. The ACAT transfer moved all my stock positions without triggering any sales, so no capital gains were realized. One thing I'd recommend is checking if you have any automatic dividend reinvestment plans (DRIPs) set up before starting the transfer. I had several positions with DRIP enabled, and while the shares transferred fine, the fractional shares from recent dividend reinvestments got liquidated during the process. It was only about $40 total, but it did create a small taxable event I wasn't expecting. Also, make sure to check your new broker's account minimums and any maintenance fees before transferring. I was surprised to find out Interactive Brokers had a $10/month fee for accounts under $100k that I hadn't factored into my decision initially. The transfer took about 6 business days, and IB reimbursed the $75 ACAT fee from Etrade. Overall the process was smoother than I expected, and the lower commissions and better international access have made it worthwhile.
CosmicCrusader
Wow, that's a huge difference! I've been using TurboTax for years but was considering switching to Credit Karma to save money. After reading all these comments, it sounds like the "free" option might end up costing more if it misses important deductions or credits. I'm curious - for those who've used both services, do you think it's worth paying for TurboTax's premium version, or is the basic version usually sufficient? I have a pretty straightforward tax situation (W-2, some student loan interest, and a small 401k contribution), but I don't want to miss out on any money I'm owed. Also, has anyone tried doing their taxes on both platforms every year just to double-check? Seems like that might be worth the extra time investment given stories like this.
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Connor O'Neill
ā¢I actually do exactly what you're suggesting - I run my taxes through both TurboTax and Credit Karma every year as a sanity check! It takes maybe an extra hour, but it's caught several issues over the years. For your situation (W-2, student loan interest, 401k), TurboTax Basic should be plenty sufficient - you probably don't need the premium version unless you have rental property or complex investments. The peace of mind is totally worth it, especially after seeing stories like the OP's where there was a $3000+ difference! I'd rather spend an extra hour double-checking than potentially miss out on money or worse, underpay and deal with penalties later.
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Admin_Masters
This thread has been incredibly helpful! I'm dealing with a similar situation where TurboTax and FreeTaxUSA are giving me different results for my federal taxes. The difference isn't as dramatic as the OP's, but it's still about $800, which is significant for my budget. What I've learned from reading everyone's experiences is that even small differences in how you enter information can snowball into big discrepancies. I'm definitely going to go through both returns line by line like Paolo suggested, and I might try that taxr.ai tool that several people mentioned to help identify exactly where the calculations diverge. It's wild that we have all these "easy" tax software options, but you still need to be so careful about getting consistent results. Makes me appreciate having communities like this where people share their real experiences!
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