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Giovanni Ricci

Are there 2021 stimulus unemployment compensation exclusions like they had for 2020?

I'm going through all my back taxes and I'm stuck on my 2021 return. I never filed it because I was holding out hope they'd pass a bill for the unemployment compensation exclusion, similar to what they did for 2020. During 2021, I collected unemployment and got that extra $600 weekly federal boost. The problem I ran into was with tax withholding - when I selected to withhold taxes, it only withheld from my state base payment and never from that $600 federal addition. I know Congress passed a fix for the 2020 tax year where they excluded the first $10,200 of unemployment compensation, but I can't find anything confirming they did the same for 2021. I'm trying to get caught up on everything now, but I'm worried about owing a huge amount on all that unemployment income from 2021. Would a tax professional be able to help me find exclusion forms or special provisions for 2021? Or am I just out of luck and need to report all of that unemployment as taxable income? Anyone dealt with this?

I've been preparing taxes for over a decade, and I can clarify this for you. Unfortunately, the unemployment compensation exclusion of up to $10,200 was only for the 2020 tax year as part of the American Rescue Plan Act. This was a one-time provision specifically for 2020 returns and was not extended to 2021. For your 2021 taxes, all unemployment compensation including the federal supplements is fully taxable at the federal level. There was never a bill passed to create a similar exclusion for 2021. You'll need to report all unemployment compensation you received on your 2021 return.

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Does this mean they'll also have to pay penalties for filing late? Seems unfair if they were waiting for legislation that never came. Also, is there any way to reduce the tax burden from all that unemployment income now, like some kind of retroactive deduction?

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Yes, there will likely be penalties and interest for filing late, unfortunately. The IRS assesses both late filing penalties (5% per month up to 25% of unpaid tax) and late payment penalties (0.5% per month up to 25%), plus interest on the unpaid amount. You may have some options to reduce the impact. You could request a payment plan from the IRS, and in some cases, you might qualify for penalty abatement under their First Time Penalty Abatement policy if you have a clean compliance history. However, there's no special deduction or credit to offset unemployment income for 2021 specifically.

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How exactly does this service work? Do you just upload forms and it tells you what to do? Can it actually file late returns or just help understand what needs to be reported?

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Sounds interesting but I'm skeptical about giving my tax documents to some random website. Is it secure? And how much does it cost? Those tax document analysis tools usually end up trying to upsell you on expensive filing services.

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I'm actually coming back to say I tried taxr.ai after looking into it more, and I'm really glad I did. I was in a similar situation with unfiled returns from 2021 and 2022, and I wasn't sure how to handle the unemployment reporting differences. The tool instantly clarified that my 2021 unemployment was fully taxable (unfortunately), but it also found some deductions I was eligible for that I had no idea about! It actually saved me around $800 on my 2021 return by identifying some education expenses I could claim. The document analysis was really straightforward, and the explanations were in plain English instead of tax jargon. Definitely worth checking out if you're dealing with back taxes.

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If you're dealing with back taxes and potentially facing penalties, you might want to try calling the IRS directly to discuss your options for penalty abatement. I tried calling them for weeks about my 2019 late filing situation and kept getting the "due to high call volume" message. Eventually I found Claimyr (https://claimyr.com) which got me through to an actual IRS agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c. The agent I spoke with explained the First Time Penalty Abatement option which saved me over $1,000 in penalties. I think they might be able to help with your situation too, especially since you were waiting for potential legislation.

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Wait, how does this even work? I thought it was impossible to get through to the IRS by phone. Is this some kind of special access service?

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This sounds like complete BS. There's no magic way to skip the IRS phone queues. They probably just keep redialing until they get through and charge you for the privilege. I doubt it actually works consistently.

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It works by monitoring the IRS phone system and automatically navigating the menu options, then calling you when it reaches a representative. It's not special access - it just automates the frustrating part of trying to reach the IRS. It's very consistent in my experience. The average wait time for regular callers is often 90+ minutes when you can even get in the queue. For me, I was connected in under 20 minutes, which saved hours of redial attempts and hold time. When dealing with penalties on back taxes, actually speaking to someone makes a huge difference in understanding your options.

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Coming back to eat my words about Claimyr. I needed to talk to someone at the IRS about my late 2021 return (also had unemployment issues) and penalties that were piling up. After my skeptical comment, I decided to try it anyway since I was desperate. Got connected to an agent in about 15 minutes. The agent explained that while there's no unemployment exclusion for 2021, I qualified for First Time Penalty Abatement, which is saving me about $1200 in penalties. The service actually worked exactly as advertised. Sometimes you need to actually talk to a human at the IRS to resolve these kinds of issues, and waiting for hours on hold isn't realistic for most people. Definitely worth it for the time saved alone.

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Just to clarify something important that people are missing... the pandemic unemployment assistance wasn't $600 weekly for 2021. That was the 2020 CARES Act supplement. In 2021, it was $300 per week through the American Rescue Plan, and it ended in September 2021. Make sure you're calculating your potential tax liability based on the correct amount! And don't forget that some states did provide their own unemployment tax breaks for 2021 even though the federal government didn't.

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You're absolutely right - thanks for catching that! I mixed up the amounts. It was definitely the $300 supplemental for 2021, not $600. Do you happen to know which states provided their own unemployment tax breaks for 2021? I'm in Michigan if that helps.

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Several states did offer some tax relief for unemployment benefits in 2021. Unfortunately, Michigan wasn't one of them. The states that excluded some unemployment compensation from state taxes in 2021 included Colorado, Delaware, Georgia, Hawaii, Iowa, Illinois, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Missouri, North Carolina, New Mexico, New York, and Oregon – but the amounts and qualifications varied significantly. For Michigan residents, unemployment compensation was fully taxable for 2021 at both federal and state levels. When you file your back taxes, make sure you have your 1099-G form showing all the unemployment you received. If you don't have it, you can usually retrieve it from your state's unemployment agency website.

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Hi, I'm an enrolled agent and want to add something important: even though you'll need to pay taxes on the full 2021 unemployment, you should still file ASAP. The penalties keep growing the longer you wait! If you're worried about paying, you can request an installment agreement with the IRS, which is pretty straightforward. Form 9465 or online payment agreement are your options. Also look into whether you might qualify for Earned Income Credit or other credits for 2021 - these could offset some of the tax liability from your unemployment.

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Would filing an offer in compromise be an option for someone in this situation? I've heard that's a way to settle tax debt for less than what's owed if you can prove hardship.

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