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I'm in the exact same situation! Filed our 941-X for 2020 Q2 and Q3 back in September 2021 and still nothing. We're a small restaurant that kept 8 employees on payroll even when we were only doing takeout orders during the lockdowns. The credit would be around $42,000 for us. I've been following this thread closely and just wanted to say thank you to everyone sharing their experiences and suggestions. It's reassuring to know we're not alone in this endless waiting game, even though it's frustrating that so many small businesses are still stuck in limbo. Based on what I'm reading here, it sounds like persistence is key - whether that's through the phone services mentioned, document review tools, or just keeping detailed records for follow-up letters. Has anyone had success with congressional inquiries? I've heard mixed things about whether local representatives can actually help with IRS issues like this.
I reached out to my congressman's office about my ERC delay last year and surprisingly got some help! They have a specific process for tax-related inquiries where they can submit a congressional inquiry to the IRS on your behalf. It took about 6 weeks, but I got a response from the IRS through my congressman's office with an actual timeline estimate for my claim. They couldn't speed up the process, but at least I got confirmation that my 941-X wasn't lost and an estimated processing timeframe. The key is you need to show you've already tried normal channels first - so document your phone call attempts, any letters you've sent, etc. Most congressional offices have a standard form on their website for tax issues. Worth a shot if you've been waiting this long!
This thread has been incredibly helpful - thank you all for sharing your experiences! I'm in a similar situation with our 2020 ERC claim filed via 941-X in late 2021, still waiting. Reading through everyone's updates, it seems like there are really three main approaches that have worked: 1) Using tools like taxr.ai to identify and fix potential errors in your filing, 2) Getting through to the IRS via services like Claimyr to get actual status updates, and 3) Being persistent with follow-up documentation and inquiry letters. What strikes me is how many of you discovered errors or missing documentation that was causing delays - makes me wonder if I should review my own filing more carefully. The IRS clearly isn't going to tell you what's wrong; you have to figure it out yourself. For those still waiting like me, it's frustrating but somewhat comforting to know this isn't unusual. Emma Wilson's 26-month timeline gives me hope that these claims are still being processed, just very slowly. I think I'll try the document review approach first, then maybe the phone service if I can't identify any obvious issues with my filing. Has anyone here had their claim outright denied, or have most of you who waited long enough eventually received payment?
Great summary of the options, Rami! I'm new to this community but have been lurking and reading through everyone's experiences. Like you, I filed my 941-X for 2020 in late 2021 and am still waiting on about $38,000 in ERC refunds. From what I've gathered here, most people who waited it out eventually got paid - I haven't seen anyone report an outright denial yet, which is encouraging. The delays seem to be more about processing backlogs and catching errors rather than the IRS rejecting legitimate claims. I think your three-step approach makes sense. I'm planning to start with reviewing my documentation first too. Based on what Paolo and Amina shared about finding calculation errors they didn't know they had, it seems like there might be common mistakes that are easy to overlook but cause major delays. Has anyone kept track of what the most common errors are that these review tools find? Might be helpful for those of us doing our own document review to know what to look for specifically.
Great question about tracking capital loss carryovers! I've been dealing with this exact situation for the past 3 years after some unfortunate investment decisions during the market volatility. One thing I learned the hard way is to keep detailed records beyond just relying on tax software. While most software does track carryovers reasonably well, I've found it helpful to maintain my own backup documentation. I keep a simple folder with: 1. Copy of each year's Schedule D and Capital Loss Carryover Worksheet 2. All 1099-B forms and investment statements 3. A one-page summary showing my remaining carryover balance each year The reason this became important for me is that I switched from TurboTax to FreeTaxUSA one year, and while the new software asked about prior year carryovers, having my own records made the transition seamless. I could easily verify that the carryover amounts were entered correctly. Also, don't forget that if you have a really large loss like yours, you might want to consider the timing of future gains strategically. For instance, if you're planning to sell some winners, you might want to spread those sales across multiple years to make the most of your loss carryover rather than using it all up in one year with a large gain. The 9+ year timeline you mentioned is actually pretty common with substantial losses. Just stay organized and you'll be fine!
This is really helpful advice! I'm curious about the strategic timing you mentioned - if I have a $28k loss carryover like the original poster, would it make sense to deliberately realize some gains each year to use up the carryover faster? Or is it generally better to just let it carry forward naturally and take the $3k deduction against ordinary income each year? I'm trying to figure out if there's an optimal strategy for managing large loss carryovers.
That's a great strategic question! The optimal approach really depends on your tax situation and investment timeline. Generally, it's often beneficial to strategically realize some gains each year to use up your loss carryover, especially if you're in a lower tax bracket or have investments you were planning to sell anyway. Here's why: 1. Using losses against capital gains is more tax-efficient than the $3k ordinary income deduction, since you're avoiding capital gains taxes entirely rather than just getting a deduction. 2. If you're in the 0% long-term capital gains bracket (single filers with income under ~$47k, married filing jointly under ~$94k for 2024), you could potentially realize significant gains with zero tax impact. 3. It prevents you from being "stuck" with a loss carryover for many years if your investment strategy changes. However, you don't want to force sales just for tax purposes if it doesn't align with your investment goals. The key is to be intentional - if you have positions you're considering selling anyway, timing those sales to use your loss carryover can be very beneficial. With a $28k loss, you might consider realizing $5-10k in gains annually (depending on your situation) rather than just taking the $3k deduction each year. This could cut your carryover period in half while still being manageable from a tax planning perspective.
I went through something very similar last year with about $35k in losses from some unfortunate crypto investments. One thing I discovered that really helped was setting up a simple tracking system using a basic notebook alongside whatever digital records I kept. Each January, I write down my starting loss carryover amount at the top of a new page. Throughout the year, I note any capital gains/losses as they happen, along with the dates and amounts. At tax time, I can easily see the full picture and verify that my tax software is calculating everything correctly. The physical backup has saved me twice now - once when I accidentally deleted some files, and another time when switching between tax preparers. Having that simple written record made it easy to reconstruct everything. Also, don't underestimate the value of taking screenshots of your final tax forms each year, especially the Capital Loss Carryover Worksheet. Store them in a dedicated folder (both digital and print if possible). The IRS can ask for documentation going back several years, and having everything organized from the start will save you major headaches down the road. With a $28k loss, you're looking at nearly a decade of carryovers like you said. The key is building sustainable tracking habits now rather than trying to reconstruct everything years later. Good luck with it!
Is your wife considered of counsel or an employee of a firm? That can change how this is reported. My wife is of counsel and her firm takes 40% of any referral fee (their policy), so she only gets 60% of it, but it's still reported on a 1099-NEC to her, not a W-2.
One more thing to consider - since this is a substantial one-time payment ($48,000), you might want to look into whether you can make a SEP-IRA contribution to reduce the tax burden. If your wife treats this as self-employment income on Schedule C, she may be able to contribute up to 25% of her net self-employment earnings to a SEP-IRA (after deducting half of the self-employment tax). This could potentially allow her to shelter several thousand dollars from current taxation while building retirement savings. The contribution deadline would be the tax filing deadline (including extensions), so you'd have some time to set it up if you decide to go this route. Also, don't forget to factor in state taxes if you're in a state that has income tax - this referral fee will likely be subject to state income tax as well as federal.
This is really helpful advice about the SEP-IRA option! I hadn't even thought about using this windfall to boost retirement savings while reducing the tax hit. Quick question though - since my wife also has a regular W-2 job with a 401(k), are there any limits or complications with also doing a SEP-IRA for her self-employment income? I want to make sure we don't accidentally exceed any contribution limits across both accounts.
I had this exact same issue last year! The Wage and Income transcript is definitely the way to go - it shows everything the IRS has on file including all the EINs of companies that withheld taxes from you. One thing to watch out for though is that sometimes employers file corrections after your W-2 is issued, so what's on the transcript might be different (and more accurate) than what's on your actual W-2. Also make sure you're looking at the right tax year - I accidentally pulled 2022 data when I needed 2023 and was confused for way longer than I should have been! The transcript will show you exactly who submitted what withholding info under your SSN.
This is super helpful, especially the point about employers filing corrections! I didn't know that could happen after W-2s are issued. That might explain why my numbers don't match up. I'll definitely double-check I'm looking at 2024 data when I pull the transcript. Thanks for sharing your experience!
Just went through this same headache a few weeks ago! The Wage and Income transcript from your IRS online account is exactly what you need. It shows every single entity that reported withholdings under your SSN, complete with their EIN numbers so you can identify exactly who they are. What really helped me was printing it out and comparing it line by line with my actual W-2s and 1099s - turned out one of my employers had filed a corrected W-2 that I never received, which explained the discrepancy. The transcript will show you the most current/accurate information the IRS has on file, even if it differs from the original documents you received. Good luck getting it sorted!
This is really helpful! I'm new to dealing with tax discrepancies and didn't realize employers could file corrections after issuing W-2s. That line-by-line comparison idea sounds like exactly what I need to do. Did you find the corrected information was usually more accurate than what was on your original documents? I'm wondering if I should trust the transcript data over my physical forms when there are differences.
Gabrielle Dubois
The IRS is so behind rn its not even funny. My brother filed in February last year and didnt see his $ until September smh
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Tyrone Johnson
ā¢this is why im using taxr.ai this year. no more guessing games
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Kayla Morgan
I'm in a similar situation - filed with TurboTax about a week ago and got the acceptance notification. From what I've read, the test batch thing is mostly for early filers in December/January before the season officially opens. Since we're filing now during regular season, we're definitely in the normal processing queue. The 21-day timeline is pretty standard for simple returns, but it can vary. I've been checking WMR obsessively too š Hang in there!
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