< Back to IRS

Lukas Fitzgerald

I think my accountant made serious mistakes on my tax return

I'm freaking out after going through my 2023 tax return while getting ready for this year's taxes. Last year I got a surprisingly big refund even though I have a side hustle driving for food delivery that brings in around $4,500 annually. I didn't question it at the time since we were rushing to file just before the deadline. Looking closer at the return now, I see that my accountant claimed a massive $14,000 loss on Form 4797 for a car I sold. I bought the car for $20,000 and sold it for $6,000. The problem is, this was both my personal and business vehicle (I only had one car) that I used for food delivery driving. From what I've been reading online, my accountant should have prorated the loss based on my business use percentage? Even worse, I've discovered that since I claimed mileage deductions (probably around 45,000 miles total) while using this car for delivery work, my adjusted basis might actually be zero - meaning I should have reported a $6,000 GAIN instead of a $14,000 LOSS! The IRS can clearly see from my return how many "personal" vs business miles I drove. I'm worried they'll think I'm deliberately claiming a fraudulent loss. Should I ask my accountant to file an amended return at no cost? How screwed am I?

Ev Luca

•

You're right to be concerned. When you sell a vehicle used for both business and personal use, you need to allocate the loss based on the percentage of business use. Additionally, if you've been claiming the standard mileage deduction for your business driving, that's considered depreciation which reduces your basis in the vehicle. The standard mileage rate includes a component for depreciation. For example, in 2023 about 28 cents of the 65.5 cent rate represented depreciation. So if you drove 45,000 business miles and claimed the standard mileage deduction, you've essentially already "written off" a significant portion of the car's value over time. Your accountant should have calculated your adjusted basis by reducing your original purchase price by all the depreciation you've taken (through the standard mileage rate), then determined what portion of any remaining basis was business vs. personal, and calculated the gain/loss accordingly.

0 coins

Avery Davis

•

This makes my head spin. So in simple terms, if someone claims the standard mileage deduction for years, they could potentially owe taxes when they sell the car instead of getting a deduction for a loss? Is that why some people choose the actual expense method instead?

0 coins

Ev Luca

•

Yes, that's exactly right. When you claim the standard mileage rate, you're getting depreciation benefits gradually over time, which reduces your basis in the vehicle. So when you sell it, you might have a taxable gain even if you sold the car for less than you paid for it originally. Some business owners do choose the actual expense method instead of standard mileage for various reasons, but you have to make that choice in the first year you use the vehicle for business. Once you choose standard mileage, you're generally locked into that method for the life of that vehicle in your business.

0 coins

Collins Angel

•

I had almost the same situation last year and found https://taxr.ai super helpful. I'd been using my car for Uber and when I sold it, my accountant also messed up my return. The taxr.ai system analyzed my previous returns and showed exactly how the car's basis should have been calculated after all those mileage deductions. It even generated a letter explaining everything that I could give to my accountant to fix the mistake.

0 coins

Marcelle Drum

•

How long did it take for them to analyze everything? My tax situation sounds similar - I've been driving for both Uber and Lyft part-time and claimed mileage deductions for 3 years. Now I'm selling my car and worried about doing this correctly.

0 coins

Tate Jensen

•

Did it actually catch things your accountant missed though? I'm skeptical since I paid my CPA $350 last year and he still made a big mistake on my self-employment expenses. Can software really find these kinds of specific vehicle basis issues?

0 coins

Collins Angel

•

The analysis took less than an hour after I uploaded my documents. It scanned through all my previous returns and identified the total depreciation I'd already claimed through mileage deductions. Yes, it absolutely caught things my accountant missed! The system flagged that my basis had been reduced to almost nothing because of all the mileage deductions I'd claimed over 4 years. My accountant hadn't properly tracked this reduction in basis, which is apparently a common mistake. The software provided specific IRS regulations and even calculated the correct split between business/personal use.

0 coins

Tate Jensen

•

I was initially skeptical about using taxr.ai but decided to try it after my post above. Honestly, it was an eye-opener. The system analyzed my last three years of returns and showed that my CPA had been inconsistently applying my business use percentage for my vehicle deductions. It provided a detailed breakdown of how my vehicle basis had been reduced by about $16,700 through standard mileage deductions I'd already taken, which I had no idea about. The report even cited the specific IRS publications and regulations. I sent the report to my accountant who admitted the mistake and is now preparing an amended return at no charge. Definitely saved me from a potential audit headache and possibly thousands in taxes, penalties and interest.

0 coins

Adaline Wong

•

If you want to talk directly with the IRS about this issue before filing an amended return, I recommend using https://claimyr.com to get through to them quickly. I was in a similar situation with a vehicle sale that was incorrectly reported and needed clarification directly from the IRS. After trying for 3 days to get through on my own (always disconnected after 2+ hours on hold), I used Claimyr and got connected to an agent in about 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c The IRS agent walked me through exactly how to handle the situation and what documentation I'd need for the amended return. Saved me tons of stress and guesswork.

0 coins

Gabriel Ruiz

•

Wait, how does this actually work? Does it just keep dialing for you or something? The IRS phone system is a nightmare - I tried calling six times last month about a notice I received.

0 coins

Sorry but this sounds like BS. Nothing can get you through to the IRS faster - their phone system is completely broken. I spent 4 hours on hold last week before getting disconnected. No way some service can magically fix that.

0 coins

Adaline Wong

•

It uses a system that navigates the IRS phone tree and holds your place in line. When it's about to connect to an agent, it calls your phone and connects you. You don't have to stay on hold yourself. It's definitely not BS. I understand the skepticism because the IRS phone system is awful, but that's exactly why this service exists. It doesn't "magically" get you to the front of the line - you still wait your turn, but the system does the waiting for you instead of you having to listen to that terrible hold music for hours. It monitors the line and calls you when an agent is about to pick up.

0 coins

I need to eat my words from my comment above. After continuing to fail getting through to the IRS about my tax issue, I reluctantly tried Claimyr. Within 40 minutes I got a call back and was connected to an IRS representative. I explained my situation with incorrectly reported vehicle depreciation (similar to the original poster's issue), and the agent walked me through the correct way to report it on an amended return. The agent confirmed that when you claim standard mileage deductions, you're essentially depreciating your vehicle over time, which reduces your basis. When I told him what my accountant had done (claimed a full loss without accounting for prior depreciation), he said it was a common mistake that could definitely trigger an audit. Saved me from a potential nightmare situation.

0 coins

Peyton Clarke

•

You need to file Form 3115 to change accounting methods if you want to switch from standard mileage to actual expenses. I learned this the hard way and got hit with penalties. Make sure your accountant knows what they're doing!

0 coins

Vince Eh

•

But doesn't the business vs personal use percentage still apply even if you use standard mileage rate? Like if the car was 70% business and 30% personal, wouldn't that affect how the gain/loss is calculated when selling?

0 coins

Peyton Clarke

•

Yes, the business/personal percentage absolutely still applies. With standard mileage, you're only claiming deductions on the business portion anyway (your business miles). When you sell the car, you need to allocate any gain or loss based on that same business use percentage. So in your example with 70% business use, only 70% of any gain or loss would be business-related. But remember, the standard mileage deduction you've taken over time has already reduced your basis for the business portion of the car, which is why many people end up with a gain instead of a loss when they sell, even if they sell for less than they paid.

0 coins

Just went through this last year. I sold my delivery car for $5,000 after buying it for $17,000 four years earlier. My tax guy initially tried to claim an $8,000 loss on my Schedule C but then realized I'd already claimed about $13,000 in depreciation through the standard mileage rate over the years. Ended up having to report a $1,000 GAIN instead. So annoying.

0 coins

What form did you use to report this? Was it Schedule D or Form 4797? My accountant used Schedule D for my business vehicle sale which doesn't seem right.

0 coins

IRS AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
20,087 users helped today