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Esteban Tate

IRS form CP3219A Notice of Deficiency for Unreported RSU Income - What to Do?

I just got hit with a CP3219A notice from the IRS about 3 weeks ago claiming I owe a bunch more taxes for 2023 due to "unreported income." After some digging, I'm pretty sure this is related to my Restricted Stock Units (RSUs) that vested last year. I've already checked with my company's payroll department who confirmed that all of my RSU income was properly included in Box 1 of my W-2. My brokerage also provided documentation showing that shares were automatically sold at vesting to cover the tax withholding for each vesting event throughout 2023. The weird part is that the IRS documentation includes a list of securities transactions reported by my brokerage that doesn't match anything I can find in my records (I've checked everything including my ESPP purchases). The amount they claim I owe is significantly higher than what makes sense based on my actual RSU vesting schedule. I'm planning to respond by sending: - Form 5564 (once I can locate it) - Copy of my 2023 W-2 - Copy of my 2023 tax return - Confirmation statements from my brokerage showing taxes were withheld - Supporting documentation from payroll verifying RSU reporting - A letter explaining that I believe all income was properly reported and taxes paid Has anyone dealt with the CP3219A notice specifically for RSU issues? Any advice on what else I should include in my response or how to proceed? I'm confident I don't actually owe anything, but want to make sure I'm handling this correctly.

This is unfortunately a common issue with RSUs. Here's what's likely happening: your broker reported the stock sales to the IRS on a 1099-B, but the IRS doesn't automatically know these were RSUs already reported on your W-2. They're essentially "double-counting" the income. When you receive RSUs, the fair market value at vesting is considered taxable income and appears on your W-2. If shares were sold to cover taxes, those sales appear on the 1099-B from your broker. When filing, you need to properly report both documents but adjust your cost basis on the 1099-B transactions to avoid being taxed twice. Make sure your response includes a completed Schedule D and Form 8949 showing the correct adjusted basis for each RSU sale transaction. The key is proving you already paid taxes on the income reported in the CP3219A notice. Include a clear explanation letter that connects each transaction on the broker's list to your W-2 income.

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Esteban Tate

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Thanks for the explanation! I think you nailed it - the double counting seems to be exactly what's happening. When I used my tax software, did I need to manually adjust something for the RSUs? I thought the software would handle that automatically when I entered both my W-2 and brokerage information. I don't think I did anything special with Schedule D or Form 8949 regarding cost basis adjustments. Would that explain why the IRS thinks I underreported?

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Most tax software should prompt you to adjust the cost basis, but it's easy to miss those questions if you weren't looking for them. The software often doesn't automatically connect your W-2 RSU income with your brokerage transactions - you typically need to manually indicate that these sales were from RSUs already reported as income. Yes, not adjusting the cost basis on Schedule D and Form 8949 would absolutely explain the IRS notice. When you report the sale without the adjusted basis, it looks like you received proceeds from stock sales without reporting the full gain as income. Rerun your return with the correct basis adjustments and include the corrected forms with your response.

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Elin Robinson

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After getting tangled in a similar RSU mess last year, I found this amazing AI tool that helped sort everything out - https://taxr.ai I was completely confused about how to document everything properly for my response to the IRS. The tool analyzed all my RSU documentation, my W-2, and the CP3219A notice, then guided me through exactly what forms I needed and how to explain the situation to the IRS. It even created a detailed letter template that connected each transaction to my W-2 reporting. The biggest help was that it identified exactly which transactions were being double-counted and showed me the precise cost basis adjustments needed on Form 8949. Saved me hours of stress!

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Did it actually help resolve your case with the IRS? I'm in a similar situation but with ESPP shares instead of RSUs. Would this work for that too? The IRS is claiming I owe like $8,700 and I'm freaking out.

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Beth Ford

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I'm skeptical... how does it handle situations where some RSUs were sold immediately at vesting but others were held? My broker's reporting makes it look like I had two separate transactions (the initial vesting and then later sales) but it was actually from the same grant.

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Elin Robinson

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It completely resolved my case - took about 6 weeks after I sent in all the documentation, but the IRS accepted everything and closed the case. No additional taxes owed. Yes, it definitely works for ESPP issues too! It has specific modules for RSUs, ESPPs, ISOs, and NQSOs. The tool walks you through the specific tax rules for each type of equity compensation. For ESPP, it helps document the purchase discount and holding periods which is crucial for the IRS.

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Beth Ford

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I initially thought these AI tax tools were just hype, but after struggling with my CP3219A notice related to my RSUs, I gave https://taxr.ai a try based on recommendations here. Completely changed my experience! The tool identified exactly where the disconnect was happening between my W-2 reporting and the 1099-B from my broker. It turns out I had completely botched the cost basis adjustment on several vesting events where I sold some shares immediately but held others. The document package it created for my IRS response was incredibly detailed - it matched each transaction the IRS was questioning to the specific line items on my W-2 and broker statements. Just received confirmation last week that my case is resolved with no additional taxes owed!

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For anyone dealing with these IRS notices, I HIGHLY recommend using Claimyr (https://claimyr.com) to actually speak with an IRS agent directly about your case. I spent WEEKS trying to call the IRS about my CP3219A notice (which was also about RSUs), and kept getting the "call back later" message. Using Claimyr got me through to an actual IRS agent within 2 hours after weeks of failed attempts. They have this system that holds your place in line and calls you when an agent is available - you can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent walked me through exactly what documentation they needed to resolve my case and gave me a direct fax number to send everything to. Got confirmation that my case was resolved correctly within 3 weeks instead of waiting months for a mail response.

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How does this actually work? I've been trying to call the IRS for days about my notice. Is this just paying someone to wait on hold for you or something?

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Joy Olmedo

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Sounds too good to be true. The IRS is practically unreachable by phone these days. I tried calling about my CP3219A for two solid weeks at different times and never got through. If this actually works, it would be worth it, but I'm skeptical anyone can beat the IRS phone system.

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It works by using their automated system that keeps dialing the IRS using their algorithm to get through the busy signals. When they finally get through, their system holds your place in the queue and then calls you when an actual IRS agent is on the line. It's basically like having a digital assistant that keeps trying the IRS number over and over using optimal timing until they break through. I was skeptical too until my phone rang and there was an actual IRS agent waiting to talk to me! Made a huge difference since I got specific guidance on exactly what documentation they needed for my RSU issue.

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Joy Olmedo

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I have to admit I was completely wrong about Claimyr. After reading about it here, I was desperate enough with my CP3219A situation to try it. Within about 90 minutes of signing up, my phone rang and there was an actual IRS agent on the line! I explained my RSU situation and the confusion with the CP3219A notice. The agent confirmed exactly what others here mentioned - the IRS was double-counting my RSU income because they saw the broker's 1099-B but didn't connect it to what was already reported on my W-2. The agent provided me with a specific fax number and told me exactly what documentation to send. They even added notes to my file about our conversation. Received confirmation yesterday that my case was closed with no additional tax owed. Saved me thousands of dollars and months of stress!

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Isaiah Cross

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The thing that most people miss with RSUs is the basis reporting on Form 8949. When your RSUs vest, the FMV becomes your W-2 income AND becomes your cost basis for those shares. If you sold shares to cover taxes, you need to report those sales with the adjusted basis. Here's how to fix this: 1) Get your original Form 8949 that you filed 2) Create a corrected version showing the proper basis for each RSU transaction 3) Include a statement explaining the connection between your W-2 RSU income and the 1099-B transactions 4) Reference IRS Publication 525 which specifically addresses RSU taxation The most important part is proving that you're not trying to avoid taxes - you already paid them through your W-2 withholding at vesting.

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Kiara Greene

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Does this same process work for ESPP shares? I received a similar notice but for my employee stock purchase plan discounts.

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Isaiah Cross

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For ESPP shares it's similar but with important differences. The discount you receive when purchasing ESPP shares isn't reported on your W-2 (unlike RSUs). Instead, you report the discount as ordinary income when you sell the shares. If you held the shares long enough for a qualifying disposition (generally 2 years from offering date and 1 year from purchase), you report the discount as ordinary income and any additional gain as capital gain. For disqualifying dispositions (selling earlier), you report the discount as ordinary income and the rest as capital gain. Make sure your Form 8949 correctly identifies the basis adjustment for the discount portion. Include documentation showing your purchase price, the fair market value at purchase, and your sale details.

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Evelyn Kelly

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I had almost the EXACT same situation last year! My CP3219A was for $12,450 in supposedly unreported income from RSUs. Here's what worked for me: 1. I called my broker and had them create a special statement that specifically showed which 1099-B transactions were from RSU vesting events 2. Got a letter from my employer confirming the exact RSU value included in my W-2 Box 1 3. Created a spreadsheet matching each RSU transaction to the corresponding vesting date and W-2 income 4. Wrote a cover letter explaining the double-counting mistake 5. Filed Form 8949 with a statement in column (f) for each transaction saying "BASIS ALREADY REPORTED AS INCOME ON W-2" The IRS accepted everything and closed the case. Don't panic - this is fixable!

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Paloma Clark

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Did you need to use a tax professional for this or were you able to handle it yourself? I just got a CP3219A for $9,200 and I'm trying to figure out if I can DIY this response or if I need to hire someone.

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