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How to apply Claim of Right IRC 1341 for tax distributions on unvested carried interest?

I'm working in investment management and facing a complicated tax situation. Back in 2022, I was allocated about $375K in capital gains related to carried interest that was unvested. I never actually received this money due to the fund's waterfall structure (the fund needed to return capital to investors first before distributing carried interest). Despite not getting the cash, I was responsible for paying taxes on this "phantom income." My firm provided tax distributions to cover the tax bill, with the understanding that future actual distributions would be reduced by these advances. Here's where it gets messy - I left the company in early 2024, before hitting my 4-year cliff vesting period. Since I didn't stay long enough, I forfeited 100% of my carried interest allocation. My former employer is now requiring me to repay all the tax distributions they advanced me, even though I already paid taxes on this phantom income to the IRS. I'm considering two approaches: 1. Amend my 2022 return to show zero income from these capital gains. I don't have an updated K-1 from my former employer, but could argue I effectively lost all that income when I left. 2. File a Claim of Right under IRC 1341, which would give me a credit for the excess tax I paid (roughly 37% of $375K or about $138K) on my 2024 taxes. Has anyone dealt with something similar? My accountant is researching option #2, but I'd love any insights while I wait.

Wesley Hallow

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Slightly different perspective - I'd recommend talking to a tax attorney who specializes in partnership taxation, not just your CPA. While IRC 1341 seems like the right approach, there are nuances with carried interest that might affect your specific situation. For example, depending on how your partnership agreement was structured, there might be arguments for treating this as a capital loss rather than a Claim of Right issue, which could have different tax implications. A specialized attorney could also help if the IRS challenges your position.

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Justin Chang

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Agreed! I'm a CPA who works with investment professionals, and carried interest taxation is its own beast. The Tax Cuts and Jobs Act made some changes to carried interest that might impact the analysis. Worth getting specialized advice.

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Wesley Hallow

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Exactly. The interplay between carried interest rules, partnership taxation, and IRC 1341 creates complexities that require specialized knowledge. For example, the Tax Cuts and Jobs Act imposed a three-year holding period requirement for carried interest to qualify for long-term capital gains treatment. This could potentially impact how the original income was characterized and consequently how the repayment should be treated. Additionally, the "substantial risk of forfeiture" rules under Section 83 might also come into play depending on the specific terms of the carried interest arrangement. A tax attorney who specializes in this area can analyze these intersecting issues and potentially identify planning opportunities that a general CPA might miss. The investment in specialized advice is usually well worth it when the amounts involved are this substantial.

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This is a complex situation that touches on several areas of tax law. Based on your description, IRC 1341 does seem like the appropriate approach, but I'd strongly recommend getting specialized advice given the amounts involved. One thing to keep in mind is timing - make sure you're clear on when exactly the repayment obligation crystallized. For IRC 1341 purposes, it matters whether the repayment obligation arose in 2024 when you left, or if it was always contingent on not meeting the vesting requirements. Also, since you mentioned your accountant is researching this, make sure they're familiar with Revenue Ruling 2019-11, which provides guidance on applying IRC 1341 to partnership distributions. The IRS has been more active in this area recently, so having current guidance is important. The documentation everyone else mentioned is crucial - you'll want everything in writing showing the original allocation, the tax distributions made to cover your liability, and the subsequent repayment requirement. This creates a clear paper trail that supports your position. Given the complexity and dollar amounts, consider getting a second opinion from a tax professional who specializes in partnership taxation and carried interest. The intersection of these rules can create opportunities or pitfalls that aren't immediately obvious.

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Sofia Gomez

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Thanks for mentioning Revenue Ruling 2019-11 - I hadn't seen that specific guidance yet. Just to clarify on the timing aspect you mentioned, would it make a difference if my partnership agreement explicitly stated that tax distributions were subject to repayment if vesting requirements weren't met? Or does IRC 1341 still apply as long as I had the apparent right to the income when originally reported, regardless of the conditional nature of the tax distributions? I'm trying to understand whether the contingent repayment obligation affects the "claim of right" analysis or if it's more about how the income was treated at the time it was earned and reported.

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Emily Jackson

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Has anyone used TurboTax Self-Employed for their prop trading taxes? I'm trying to decide if I should use that or hire an accountant.

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Liam Mendez

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I tried TurboTax last year for my prop trading and regretted it. Ended up hiring an accountant to amend my return. There were too many nuances with trading expenses and the home office deduction that TurboTax didn't explain well. If your situation is complex, I'd recommend getting a professional.

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Freya Thomsen

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I went through this exact situation last year when I started prop trading! A few key things I learned the hard way: 1. You'll definitely want to find a CPA who understands trading - it's worth the extra cost. Regular tax preparers often don't grasp the nuances of trader expenses and quarterly payments. 2. Start tracking EVERYTHING now - trading software subscriptions, home office space, computer equipment, even books and courses related to trading. The deductions can really add up. 3. For quarterly payments, I use the safe harbor rule (paying 100% of last year's tax liability divided by 4). It's simpler than trying to estimate variable trading income. 4. One thing that caught me off guard - you might need to pay both sides of Social Security/Medicare tax (15.3% total) on your net prop trading profits since you're self-employed. 5. Consider opening a separate business checking account for all your trading-related expenses. Makes record keeping much cleaner come tax time. The learning curve is steep but manageable once you get the systems in place. Don't stress too much - just start documenting everything and find that specialized accountant!

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This is super helpful! I'm just starting out with prop trading and had no idea about the self-employment tax implications. Quick question - when you say "both sides of Social Security/Medicare tax," does that mean I'm paying more than I would as a regular employee? And do you have any recommendations for tracking software that works well for trading expenses?

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QuantumQueen

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Make sure you're checking the right place in Robinhood for your documents! This confused me last year. You need to go to Account > Statements & History > Tax Documents, not the Documents section. Some people miss this. Also, they release them in batches. Most basic forms come out in early February, but if you had any special situations (wash sales, corporate actions, etc.) your forms might be in the later batch that comes out in March.

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Aisha Rahman

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This is good advice. Also worth noting that Robinhood sometimes has issues with their notification system. Last year they sent me an email saying my docs were ready, but they didn't actually appear in my account for another 3 days. Weird system.

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I had a similar issue with Robinhood last year! One thing that helped me was checking if there were any corporate actions on stocks I owned - like stock splits, mergers, or spin-offs. These can delay the 1099-B processing significantly because they have to adjust the cost basis calculations. In the meantime, you can absolutely file without the official form. Go to your Robinhood account and download your year-end tax summary or export your transaction history as a CSV file. You'll need to calculate your gains/losses manually using Form 8949 and Schedule D. Just make sure to keep detailed records of your cost basis for each transaction. For the dividends, those should definitely show up on a 1099-DIV since you earned over $10. Sometimes Robinhood issues a "consolidated 1099" that combines different types of investment income - double-check that your crypto 1099-B doesn't have additional sections. The IRS gives you until April 15th to file, but brokerages have until March 15th for corrected forms, so there's still time for it to arrive. Just don't let it delay your filing if you can reconstruct the information from your account statements.

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Ella Russell

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This is really helpful advice! I'm dealing with a similar situation and the corporate actions point is something I hadn't considered. Quick question - when you say "consolidated 1099," does that mean all the different investment income types would show up as separate sections on one document, or would they be combined into summary numbers? I want to make sure I'm not missing anything when I review my forms.

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Zoe Papadakis

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Has anyone tried just showing up in person to get their W-2? I'm tempted to just walk into my old job and ask for it directly since they're ignoring my emails.

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ThunderBolt7

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I did this last year when my former retail job "forgot" to mail mine. Just went to the store during a quiet time and asked to speak with the manager on duty (not my ex-manager). Explained I needed my W-2 for tax purposes, and they printed it on the spot. Much easier than I expected! Just be polite and go during non-busy hours.

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Zoe Papadakis

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Thanks for sharing your experience. I think I'll try going there next Tuesday morning when it's usually quiet. Good point about asking for a different manager than my ex-boss. Less awkward that way!

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Cass Green

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Just wanted to add another perspective from someone who dealt with this exact situation last year. I had 4 different employers in 2024 and left two of them on terrible terms (one was a toxic startup, the other had a manager who was stealing tips). Here's what worked for me: First, I gathered all my final pay stubs since they contain most of the info you need. Then I created a simple spreadsheet tracking each employer - company name, dates worked, HR contact info, payroll company if known, and whether I received the W-2 or not. For the jobs I left on good terms, I proactively emailed their HR departments in early January with my new address. For the toxic ones, I waited until after January 31st and then used the IRS complaint process when they didn't send my forms. One thing that really helped was checking if any of my former employers used third-party payroll companies like ADP or Paychex. Even after you're terminated, you can sometimes still access your W-2s through their employee portals using your old login credentials. Worth trying before dealing with your actual former employers! The key is being proactive and having multiple backup plans. Don't wait until the last minute to start chasing down these forms.

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Carmen Flores

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This is really helpful advice! I'm dealing with a similar situation - had 3 jobs last year and one of them was absolutely awful (manager kept cutting hours without notice). The spreadsheet idea is brilliant, I wish I had thought of that earlier. Quick question about the payroll company portals - how long do they typically keep your access active after termination? I think one of my former employers used ADP but I'm not sure if my login still works since I left back in August. Also, when you say you used the "IRS complaint process" - is that the same as calling the number that was mentioned earlier in the thread, or is there a separate formal complaint you can file? Want to make sure I'm prepared if my toxic ex-employer tries to "forget" to send my W-2.

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Ava Hernandez

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I went through a very similar situation with Jackson Hewitt last year and can definitely relate to the frustration! What ultimately worked for me was getting really specific about the terminology when I called. Instead of saying "repayment" or "advance," I used the exact phrase "Early Refund Advance loan payoff" - apparently their system has very specific keywords that route you to the right department. Also, I found that calling early in the morning (around 8 AM EST) got me connected to more experienced reps who actually knew about the direct repayment options. The rep who finally helped me explained that JH has a separate loan servicing department that handles these situations, but you have to specifically ask for "loan servicing" to get transferred there. They were able to provide me with a payment address and account reference number for mailing a check. Definitely keep records of all your attempts to repay - this documentation saved me when they tried to report it as delinquent even though I had been trying to pay for weeks!

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Dmitry Petrov

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This is such valuable advice about using the specific terminology! It's crazy how customer service systems are set up with these hidden keywords that regular people would never think to use. The "Early Refund Advance loan payoff" phrase is brilliant - I bet that's exactly the kind of specific language their system is programmed to recognize. Your point about calling early in the morning is really smart too. I've noticed with other companies that you tend to get more experienced reps during business hours rather than the evening shift. The documentation tip is crucial - it's scary that they might try to report it as delinquent when you've been actively trying to pay! Thanks for sharing these specific strategies, this could save someone a lot of headache.

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PixelPrincess

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I'm dealing with this exact same issue right now and it's been driving me absolutely crazy! Reading through these responses has been incredibly helpful - especially the suggestions about contacting MetaBank directly and using specific terminology like "Early Refund Advance loan payoff." I've been stuck in that same circular phone maze for weeks now. The fact that JH's customer service seems completely disconnected from their own repayment process is mind-blowing. I'm definitely going to try calling MetaBank directly with my advance paperwork in hand, and if that doesn't work, I'll use the specific phrases mentioned here when calling JH's corporate line. It's reassuring to know I'm not the only one who's experienced this nightmare, and that there are actually people who've successfully resolved it. Thanks everyone for sharing your experiences - this thread is a goldmine of practical solutions!

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I totally feel your frustration! This whole thread has been such an eye-opener - I had no idea how common this issue is with refund advances. The MetaBank suggestion seems like the most promising route since they're apparently the ones actually handling the money. It's honestly ridiculous that JH can't provide basic customer service for their own financial products. I'm bookmarking this thread because the specific terminology and phone strategies mentioned here are pure gold. Hope you get this resolved quickly - keep us posted on what works for you!

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