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Been dealing with the IRS for 15+ years as a tax preparer. This years 810 freezes are taking way longer than usual to clear. The new AI verification system they implemented is causing major backlogs. Your best bet is to keep checking your transcript weekly for changes. If you want a detailed analysis of your situation, use taxr.ai - it's been a game changer for understanding these delays and predicting resolution timeframes. The system can analyze patterns across thousands of cases to give you a pretty accurate timeline. I've been recommending it to all my clients stuck in verification.

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Omar Farouk

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how accurate are the timeline predictions from that AI thing?

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In my experience with clients, it's been about 85-90% accurate on timing. Way better than guessing

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LunarLegend

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Ugh, I feel you on this! I've been stuck with an 810 freeze since April and it's driving me absolutely insane. The daily transcript checking has become like a bad habit at this point. What's really frustrating is how the IRS phone system just hangs up on you after waiting hours. I tried that taxr.ai thing that people mentioned and honestly it was pretty helpful - gave me some peace of mind knowing what's actually happening with my case instead of just staring at cryptic codes. At least now I have a better idea of when this nightmare might end. Stay strong! πŸ’ͺ

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Understanding Bargain Element, Taxes & Compensation Income for My Company's ESPP Plan

I've been part of my company's ESPP (Employee Stock Purchase Plan) and I'm trying to figure out the tax implications before selling. Our plan has a 6-month offering period with a 15% discount off the lower price between the start and end dates, plus a mandatory 1-year holding period. For context, I joined the January-June 2024 offering period. Ended up buying 62 shares at $57 each (total investment of $3,534) on June 28, 2024. The offering period started with a share price of $68 (would've been $4,216 for 62 shares), but ended at $92 (would've been $5,704). So my purchase price was $57 ($68 Γ— 85% = $57.80, rounded down). I'm planning to sell right after the 1-year holding requirement in early July 2025. Let's assume the stock will be trading around $119 then. Here's what I'm confused about: * 1) What exactly counts as the "bargain element/compensation income" that gets taxed as ordinary income? Is it $682 (the $4,216 - $3,534 difference, representing my discount from the starting price) or $2,170 (the $5,704 - $3,534 difference, representing discount from market value on purchase date)? * 2) Will this bargain element/compensation income appear on my 2025 W-2 form? * 3) Is this bargain element/compensation income subject to the 7.65% FICA tax? * 4) Many articles mention that if I wait to sell until at least 2 years after the grant date (January 2026 in my case), it's considered a "qualifying disposition." I don't understand the practical difference between qualifying vs. disqualifying dispositions. Are there tax benefits I'm missing? From examples I've read, both scenarios seem to treat the bargain element as ordinary income and the difference between my basis and sale price as long-term capital gains. *All figures rounded to whole dollars for simplicity*

Diego Rojas

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One thing I wanted to add that might help with your planning - you mentioned assuming the stock will be at $119 when you sell in July 2025. Just remember that with ESPPs, you're essentially making two decisions: the tax optimization decision (qualifying vs disqualifying) and the investment decision (when to sell based on market conditions). I've found it helpful to set up price alerts on my ESPP shares so I can monitor if there are any major price movements that might influence my selling decision. Sometimes the tax savings from waiting for a qualifying disposition can be completely wiped out by a market downturn, so it's worth keeping an eye on the stock performance as you approach your decision dates. Also, since you're getting that supplemental statement from your benefits team, make sure to save a digital copy in addition to the physical one. I learned this the hard way when I needed to reference an old ESPP transaction for an amended return and couldn't find the paperwork anywhere!

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This is really solid advice about monitoring the stock price! I'm new to ESPPs and hadn't thought about the investment risk aspect of waiting for qualifying disposition. Setting up price alerts is a great idea - do you use any specific apps or platforms for tracking? Also, regarding the digital copies of statements, I've started using a dedicated tax folder in my cloud storage where I immediately scan and upload any ESPP-related documents. It's saved me so much time already when I needed to reference purchase dates and prices for planning purposes.

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Freya Ross

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Great question about ESPP taxation! I've been through this exact scenario with my company's plan. One additional consideration I'd mention is to check if your company provides any ESPP tax modeling tools or has partnerships with financial planning services. My employer actually offers free sessions with financial advisors who specialize in equity compensation during open enrollment periods. They walked me through scenarios comparing immediate sale vs waiting for qualifying disposition, factoring in both tax implications and market risk. It was incredibly helpful for making an informed decision. Also, regarding the W-2 reporting - make sure to ask your benefits team exactly when the compensation income will appear. Some companies report it in the year of purchase (even for qualifying dispositions), while others report it in the year of sale. This timing can affect which tax year you need to plan for, especially if you're close to year-end when making your selling decision. The peace of mind from having official guidance from both your company and the IRS (as others mentioned) is definitely worth the effort when you're dealing with thousands of dollars in potential tax implications!

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Joshua Hellan

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This is excellent advice about checking for company-provided resources! I wish I had known about these services earlier - I ended up paying for my own financial advisor consultation when my company might have offered it for free. Quick question about the W-2 timing - if the compensation income appears in the year of purchase rather than sale, does that change the tax strategy at all? I'm wondering if it makes the qualifying vs disqualifying distinction less important from a cash flow perspective, since you'd be paying taxes on the bargain element regardless of when you sell. Also, has anyone dealt with ESPP taxation across state lines? I participated in my company's plan while living in Texas (no state income tax) but moved to California before selling. I'm trying to figure out if California will want to tax the entire gain or just the portion that accrued while I was a resident here.

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Freya Larsen

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Don't forget that worthless securities are still subject to the capital loss limitations. You can only offset up to $3,000 of ordinary income per year after you've used the losses to offset any capital gains. Had to learn this the hard way when I tried to claim $12,000 in losses from some penny stocks that went to zero in 2022. I offset about $2,500 in gains from other stocks, then could only use $3,000 against my regular income. The remaining $6,500 had to be carried forward to future tax years.

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Omar Hassan

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Is there any way around this limit? I have about $8k in worthless stocks and barely any gains to offset this year.

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Paolo Rizzo

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Unfortunately, there's no way around the $3,000 annual limit for offsetting ordinary income with capital losses. It's built into the tax code. However, you can carry forward the unused losses indefinitely until they're all used up. In your case with $8k in losses, you'd use $3k this year and carry forward $5k to next year. If you have capital gains in future years, you can offset those first (no limit), then use up to $3k against ordinary income each year until the carryforward is exhausted. The bright side is that worthless securities losses don't expire - they'll keep reducing your tax burden year after year until you've claimed the full amount.

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Harold Oh

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I went through this exact situation last year with some defunct crypto mining stocks that got delisted. Here's what worked for me: First, contact your broker's tax department (not regular customer service) and specifically request a "worthless securities letter" or "abandonment letter." Most major brokers have a standard process for this. If your broker won't cooperate, you can still claim the loss but need to document everything yourself. Save screenshots of your account showing the securities, any emails with your broker, and find public records of when the companies went bankrupt or were delisted. For the tax filing, you'll use Form 8949 and Schedule D. Mark the transaction with code "W" for worthless, use December 31st of the tax year as the "sale" date, $0 as the sale price, and your original cost basis as the loss amount. One important thing - make sure you're claiming these in the correct tax year. Securities become "worthless" when there's no reasonable hope of recovery, which is usually when the company files bankruptcy or is officially dissolved, not necessarily when they stop trading. Keep all your documentation for at least 7 years in case the IRS has questions. The key is being able to prove you actually owned the securities and that they truly became worthless during the tax year you're claiming.

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Jake Sinclair

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This is really comprehensive advice, thank you! I'm dealing with a similar situation with some biotech stocks that went under. Quick question - when you say "no reasonable hope of recovery," how do you determine that exactly? My stocks stopped trading months ago but the companies haven't officially filed bankruptcy yet. Should I wait for an official bankruptcy filing before claiming them as worthless, or is being delisted and untradeable enough?

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Aria Park

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This thread has been absolutely incredible - thank you to everyone who shared their experiences and strategies! I'm actually an enrolled agent who specializes in wage and hour tax issues, and this discussion covers pretty much every viable option available under current law. A couple of additional technical points that might help: **IRS Notice 2018-83** provides some guidance on how to handle these cross-year repayment situations. While it doesn't change the $3,000 threshold, it does clarify documentation requirements that could be helpful if you're ever audited. **Consider the timing of your 2024 tax filing** - if your employer might still issue a corrected W-2 for 2023, you may want to file an extension to give yourself more time to pursue that option. Once you file your 2024 return showing the full repayment with no deduction, it becomes harder to argue for the corrected W-2 approach. **State-specific research is crucial** - I've seen cases where state tax savings from wage repayment deductions offset 20-30% of the federal double-taxation impact. States like California, New York, and several others have provisions that might help. The employer accountability issue everyone's discussing is spot-on. I regularly advise clients to get any promises about tax handling in writing before agreeing to repayment plans. Most HR departments don't understand the tax implications of their own payroll errors, which is why they make promises they can't keep. This really should be a standard resource for anyone dealing with employer payroll mistakes across tax years!

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Sean Doyle

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Aria, thank you so much for bringing professional expertise to this discussion! The point about IRS Notice 2018-83 is really valuable - I hadn't heard of that specific guidance before, and having proper documentation standards could definitely help with audit protection. Your advice about timing the 2024 tax filing is particularly smart. I'm actually in exactly that situation where I'm still trying to get my employer to issue a corrected W-2, so filing an extension to keep that option open makes perfect sense. Once you've already filed showing the full amount with no deduction, it probably becomes much harder to argue for the retroactive correction approach. The state tax research angle keeps coming up throughout this thread, and hearing that it can offset 20-30% of the federal impact makes it definitely worth pursuing. Even if it's not a complete solution, getting some relief is better than none. I really appreciate your point about getting promises in writing before agreeing to repayment plans. That's such practical advice that could save a lot of people from ending up in these situations. If more employees knew to do that upfront, it would probably force HR departments to actually understand the tax implications instead of making empty promises. This whole discussion has been an amazing resource - combining real experiences from people who've been through it with professional guidance like yours. Thank you for validating the strategies everyone has shared and adding those important technical details!

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Levi Parker

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This situation is absolutely maddening and unfortunately very common! I went through something almost identical last year - employer overpaid me about $2,200 in 2022, I repaid it throughout 2023, and despite promises that they'd "handle the tax adjustments," I ended up in the exact same double-taxation trap you're describing. The most frustrating part is how HR departments seem to routinely make these promises without understanding the actual tax implications. They either don't know about the $3,000 threshold rule or they're just kicking the can down the road hoping you won't follow up. Here's what I learned from my experience: Don't give up on getting your employer to issue a corrected W-2 for 2023. While they're not legally required to do this for cross-year repayments, some will do it as a courtesy if you escalate high enough and frame it as a fairness issue. I had to go three levels up from my initial HR contact, but eventually got someone who understood that their payroll error was costing me real money through no fault of my own. Also, definitely check your state taxes - many states didn't adopt all the TCJA provisions and still allow these repayments as deductions. I was able to save about $180 on my state return even though I got no federal relief. Document absolutely everything - dates, amounts, and especially any communications where they promised to adjust your taxable wages. Even if it doesn't help immediately, you'll want that paper trail if you decide to escalate further or if the miscellaneous deduction rules change after 2025. The whole system is incredibly unfair to employees who are just trying to do the right thing by repaying money that wasn't rightfully theirs. Hang in there and don't let them dismiss this as "just a tax issue" - it's the financial consequence of their mistake!

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Riya Sharma

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Just wanted to add something important that I learned the hard way - even if you're selling personal items at a loss, you still need to keep good records to prove that to the IRS if they ever ask. I got a letter from them last year questioning some of my eBay sales because they had records from PayPal but I couldn't document my original purchase prices. Now I take photos of receipts when I buy anything valuable, even personal stuff, and store them in a folder on my phone labeled "Tax Records." For older items where I don't have receipts, I research what similar items sold for during the time period I bought them and keep screenshots as documentation. It's a pain but way better than dealing with IRS correspondence! Also, don't forget that if you use part of your home for storing inventory or photographing items, you might be able to deduct a portion of your home expenses on Schedule C. Every little deduction helps when you're self-employed!

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This is really helpful advice about keeping records! I'm just getting started with selling some of my old electronics and collectibles, and I never thought about documenting the original purchase prices for items I already own. Quick question - for those screenshots of similar item prices from when you originally bought something, do you use any specific websites or just general Google searches? I'm trying to figure out what I paid for some vintage computer parts from like 5-6 years ago and having trouble finding good price references from that time period. Also, the home office deduction sounds interesting but seems complicated. Do you just measure the square footage of where you store and photograph items, or is there more to it than that?

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Luca Ricci

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Great question and you're smart to ask early in the year! I went through this exact situation a couple years ago. Here are the key points: 1. **Yes, you must report the income** even without a 1099. The IRS requires all income to be reported regardless of forms received. 2. **Where to report it:** If this is occasional selling of personal items, you might not need Schedule C. If you sold personal collectibles for less than you originally paid, that's actually a personal loss (not deductible, but also not taxable income). However, if you made a profit or this is becoming a regular business activity, you'll need Schedule C. 3. **Documentation is key:** That spreadsheet you mentioned is perfect! Include the item, original cost (estimate if needed), selling price, and any fees paid to eBay/PayPal. 4. **Don't forget deductions:** eBay fees, PayPal fees, shipping costs you paid, and packaging materials are all deductible business expenses if you're filing Schedule C. The fact that you're asking now instead of scrambling at tax time shows you're on the right track. I'd recommend consulting with a tax professional if your total sales were significant or if you plan to continue selling regularly - the rules can get tricky when you're mixing personal item sales with potential business activity.

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Zara Rashid

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This is such a helpful breakdown! I'm in a similar situation where I've been selling some old gaming equipment and collectibles throughout the year. Your point about mixing personal item sales with business activity really hits home - I started by just clearing out my closet but then began buying items specifically to resell after I realized how much demand there was for certain vintage electronics. One thing I'm still confused about: how do you determine the line between "occasional personal sales" and "business activity"? I probably sold about 30 items total this year - some were my old stuff sold at a loss, but maybe 10-15 were items I specifically bought to flip. Does that automatically make it all business income, or can I still separate the personal vs. business sales on my taxes? Also, when you mention consulting a tax professional, do you have any recommendations for finding someone who actually understands online selling? I called a few local CPAs and they seemed just as confused about eBay sales as I am!

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