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You need to file ASAP! The deadline is approaching fast, and if this is your first time filing separately after divorce, you don't want to be rushing at the last minute. Compared to other major life changes like starting a business or dealing with foreign income, a status change from married to single is relatively straightforward. If TurboTax feels overwhelming, consider FreeTaxUSA or even a CPA who specializes in divorce situations - still time to switch if you start now!
Hey Emma! I totally get the anxiety - divorce changes so much, including taxes. But here's some reassurance: I've been using TurboTax for years, including through my own divorce situation, and it's actually really good at handling status changes. The software will walk you through everything step by step, including questions about your divorce date, custody arrangements if you have kids, and how to handle any alimony. The most important thing is just being honest and thorough with your answers. Keep all your documentation organized (divorce decree, W-2s, 1099s, etc.) and take your time going through each section. TurboTax's error-checking catches most common mistakes before you file. You've got this! πͺ
Have you thought about sending a demand letter through certified mail? I did this when my former client wouldn't send my 1099. I basically wrote a formal letter stating I was requesting the legally required tax document, mentioned the IRS requirement that businesses must provide these forms, and gave a deadline of 14 days. I sent it certified mail so I had proof they received it. My guy still ignored it, but when I filed my taxes, I showed my CPA the certified mail receipt as proof I tried to get the form. I ended up reporting the income based on my own records, and my CPA said the documented attempt to get the 1099 showed good faith effort on my part.
I did send an email requesting it but not a certified letter. That's a really good idea about having documentation that I tried to get it properly. I'm mostly concerned about reporting the right amount. If I file based on my records which show about $13k but he later files a 1099-NEC with a different amount, will I get in trouble?
If there's a discrepancy between what you report and what eventually shows up on a 1099-NEC, the IRS will likely send you a notice. But that's not necessarily a big problem as long as you can explain the situation. Keep every piece of evidence you have - copies of checks, bank statements if you can get them, invoices, emails about payments, etc. If you receive a notice, you can respond with your documentation showing how you calculated the amount. The most important thing is that you make a good faith effort to report the correct amount. If you're off by a small amount due to the contractor's failure to provide documentation, the IRS is generally reasonable about it.
I'm dealing with a similar situation right now and wanted to share what I learned from calling the IRS directly about missing 1099s. The agent told me that you absolutely should file your return even without the 1099-NEC - in fact, waiting could result in late filing penalties if you miss the deadline. The key is to be as accurate as possible with your income reporting. Since you kept everything in a separate account, that's going to be your best documentation. Report the income on Schedule C and keep detailed records of everything - your bank statements, any correspondence with the contractor requesting the 1099, copies of invoices or work agreements. One thing the IRS agent emphasized is that contractors who fail to provide required tax documents can face penalties. You might want to report the non-compliance using Form 8919 or contact the IRS directly about the contractor's failure to issue the 1099-NEC. Sometimes a call from the IRS gets these situations resolved quickly. Don't let this difficult contractor delay your refund any longer, especially with three dependents. File based on your records and let the IRS sort out any issues with the contractor separately.
I'd like to add something about wash sales that isn't discussed enough. While most brokers track wash sales within their platform, they DON'T track wash sales across different brokerages or accounts. If you sell at a loss in your Fidelity account and buy back in your TD Ameritrade account within 30 days, neither broker will flag it as a wash sale, but the IRS still expects you to track and report it. This becomes even more complex with options on the same underlying security. The "substantially identical" rule isn't clearly defined, and many traders accidentally trigger wash sales by trading options after selling the underlying security at a loss (or vice versa).
Does anyone know if trading SPY after selling QQQ at a loss (or similar ETF pairs) counts as "substantially identical" for wash sale purposes? My accountant and I disagree on this.
SPY and QQQ are generally not considered "substantially identical" for wash sale purposes because they track different indexes (S&P 500 vs Nasdaq 100) with different compositions. However, the IRS hasn't provided explicit guidance on many ETF pairs. The general rule of thumb is that securities that track different indexes or have materially different risk/return profiles should not trigger wash sales between them. So trading between SPY and QQQ should be safe. However, trading between different S&P 500 ETFs (like SPY and IVV) could potentially trigger a wash sale since they track the identical index.
Has anyone actually audited their broker's wash sale calculations? I downloaded my transactions from E*TRADE and ran them through my own spreadsheet, and found 14 instances where they failed to properly adjust cost basis for wash sales involving options on the same underlying. When I called them about it, they admitted their system sometimes misses these connections. Makes me wonder how many traders are filing incorrect returns based on broker statements.
That's good to know about TradeLog. I've been using a custom Excel template I built, but it's becoming too complex as my trading strategies evolve. Did you find the software easy to set up with your historical data? I'm especially concerned about properly importing several years of options trades that might have wash sale implications spanning tax years.
TradeLog handles historical imports pretty well - it can process CSV files from most major brokers going back several years. The tricky part is making sure all your option assignment/exercise events are properly linked to the underlying stock trades. I had to manually review about 20 transactions where the software couldn't automatically match them up. For wash sales spanning tax years, it correctly carries forward the disallowed losses and adjusts cost basis in the following year. The reporting is much cleaner than trying to track everything manually, especially when you have complex spreads or covered calls that get assigned. Just make sure to import data chronologically starting from your earliest trades - it makes the wash sale calculations more accurate.
To all those having trouble reaching a human at the IRS. I just ran across this video that gave me a shortcut to reach a human. Hope it helps! https://youtu.be/wMf29SmRU-I
Yes, you should still get your on 3/2/2021! The 846 code shows your federal issue date, and the 898 code is just showing the state tax offset that will be deducted from your total amount. The IRS will send you whatever's left after the offset on the 846 date. So if your original was $5000 and the state offset is $1000, you'd get $4000 on 3/2. The different dates just show when each action is processed in their system, but your net should still come on the 846 date.
Giovanni Colombo
If it makes you feel any better, I had the 970 code appear by itself last month, and my refund was only delayed by about 10 days. Sometimes it's just a random verification thing and doesn't indicate any serious problems. Just make sure you check your mail regularly in case they send you a letter requesting additional documentation.
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Keisha Johnson
I'm going through the exact same thing right now! My 970 code appeared about 5 days ago with nothing else, and I've been checking my transcript obsessively. Reading through everyone's experiences here is actually really reassuring - it sounds like this is way more common than I thought. I was panicking thinking there was some major issue with my return, but it seems like most people are getting their refunds resolved within a few weeks. I'm going to try to be patient and wait for a letter before taking any action. Thanks for posting this question - you're definitely not alone in dealing with this confusing situation!
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