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Has anyone else had their ERC amended returns rejected? I filed mine with help from one of those ERC specialty firms, and the IRS rejected everything saying we didn't qualify. Now the firm is saying they don't provide audit support unless I pay additional fees! Total nightmare.
This is exactly the kind of situation that highlights why working with reputable ERC consultants is so important. Many of the "ERC mills" that popped up were more focused on volume than actually ensuring businesses qualified. If your amended returns were rejected, you'll want to carefully review the IRS notice to understand their specific objections. Common issues include: not meeting the required decline in gross receipts, failing to demonstrate a qualifying government shutdown order affected operations, or issues with the wage calculations. You should definitely push back on that consulting firm about audit support - any legitimate ERC consultant should stand behind their work, especially if they assured you that you qualified. Many states are also investigating these ERC companies for misleading practices. If you're dealing with an audit or rejection, consider getting a second opinion from a qualified tax professional who can review your original qualification determination. Don't pay additional fees to the same firm that may have gotten you into this mess in the first place.
Anyone know if TurboTax has a specific section for escheated funds? I'm trying to enter mine but can't find anything specific to unclaimed property recovery.
I used TurboTax last year for a similar situation. There's no specific "escheatment" section. You'll need to report any interest or dividends on Schedule B, and any capital gains or losses on Schedule D and Form 8949. Just enter it in the investment income section and follow the prompts. The important thing is categorizing what portion is return of principal (not taxable) versus interest/gains (taxable).
I just went through this exact situation with escheated mutual fund shares worth about $4,200. Here's what I learned from my CPA: The key is understanding what happened at the time of escheatment vs. what happens when you reclaim the funds. When your bond fund was escheated, the state should have received a "basis statement" from the financial institution showing your original cost basis and any unrealized gains/losses at that time. When you reclaim the funds, you're not creating a new taxable event - you're essentially unwinding what should have been reported in the year of escheatment. You'll need to: 1) Get the holder report from the state (as Ben mentioned) - this shows what the financial institution reported 2) File an amended return for the escheatment year if there were unrealized gains that weren't previously reported 3) Report any interest the state paid you as ordinary income in the current year The tricky part is that many people miss step 2. If your bond fund had unrealized gains when it was escheated, those gains should have been reported in that tax year, even though you didn't receive the money then. Contact the state's unclaimed property division and specifically ask for the "holder's report" and any basis information they received.
Has anyone considered the possibility of a 1031 exchange if the trust wants to sell the house but avoid capital gains? Would an IDGT be eligible for that?
Yes, an IDGT can do a 1031 exchange since it's treated as a grantor trust for income tax purposes. The grantor is considered the owner for tax purposes, so as long as the new property is also investment property, it should qualify. But the replacement property would also need to be held in the trust under the same terms.
This is a great question that highlights the complexity of IDGT planning. One additional consideration I haven't seen mentioned is the potential for valuation discounts when the property was transferred into the trust in 2022. If your father retained a life estate but transferred the remainder interest, the value of that remainder interest for gift tax purposes would have been discounted based on his life expectancy at the time. However, for income tax basis purposes after his death, the entire property value (not just the remainder interest) should receive a stepped-up basis since the retained life estate causes inclusion under Section 2036. This creates a beneficial mismatch where the gift tax value was discounted but the step-up applies to the full property value. I'd also recommend documenting the property's condition and any improvements made while it's in the trust, as these could affect the basis calculation. If your father makes significant improvements to the property while living there, those improvements should also receive stepped-up basis treatment since they're part of the property included in his estate.
One thing I learned the hard way: keep track of which calendar year everything happens in. The 60-day recontribution rule is super helpful, but if your withdrawal was in December and the recontribution was in January, it can create complications since they cross tax years. In my case, I had to file a special form to carry the recontribution credit forward to the next tax year. Just something to be aware of if you're making withdrawals late in the year.
This is such an important point that people miss! I had this exact situation where the refund from the school came in January 2024 but the original withdrawal was in December 2023. Created a huge headache with reporting. I ended up having to amend my 2023 return.
If anyone runs into this December/January situation, the key form you need is Form 8913 "Credit for Recontribution of Qualified Higher Education Expenses." You file it with your return for the year when you made the original withdrawal. The form essentially lets you take a tax credit in the withdrawal year for recontributions you make in the following year, as long as you meet the 60-day rule. Your tax software might not prompt you for this form automatically, so you might need to specifically look for it or get help from a tax professional.
This is a really detailed and helpful thread! I'm dealing with a similar situation but with a twist - my daughter received both a merit scholarship AND need-based financial aid that came through after I'd already made the 529 withdrawal. From what I'm reading here, it sounds like I have options with both the 60-day recontribution rule and the scholarship exception. But I'm wondering - can you use the scholarship exception for need-based aid too, or does it only apply to merit scholarships? The financial aid office classified her aid as a "need-based grant" rather than a scholarship. Also, if I have documentation showing both types of aid totaling more than what I withdrew, does that give me even more flexibility in how I handle the tax reporting? I want to make sure I'm taking advantage of all available options before I decide whether to recontribute or keep the money out for other education expenses.
Great question about need-based aid! The scholarship exception actually applies to ANY tax-free educational assistance, not just merit scholarships. This includes need-based grants, Pell grants, employer tuition assistance, veterans benefits, and other similar aid programs. So yes, your daughter's need-based grant would qualify for the exception. If your total tax-free educational assistance (merit scholarship + need-based grant) exceeds what you withdrew from the 529, you have maximum flexibility. You could keep the entire withdrawal out without the 10% penalty, using the exception for the full amount. Just remember you'd still owe regular income tax on any earnings portion. Given your situation, I'd recommend calculating both scenarios: 1) recontribution within 60 days (no taxes at all), vs 2) keeping it out using the scholarship/grant exception (income tax on earnings only). The better choice depends on whether you need the money for other expenses and your current tax bracket. Keep all documentation for whichever route you choose!
Oscar Murphy
Wow, this thread has been incredibly helpful! I've been dealing with a similar situation - filed my return in early March and still waiting on a $2,800 refund. I've tried calling the main IRS line probably 20 times with no luck, just like Connor described. I'm definitely going to try the early morning strategy combined with the incorrect SSN trick that Jamal mentioned. That's such a clever workaround! I never would have thought to intentionally enter wrong information to get routed to a human. One quick question for everyone who's successfully gotten through - how long should I expect the actual conversation with the agent to take once I'm connected? I want to make sure I block out enough time and don't have to rush through my questions. I've got my 2022 and 2023 returns ready, plus a list of specific questions about my refund status. Also, has anyone had success with the Taxpayer Advocate Service route? I'm wondering if I should try that first since my situation involves needing the refund for medical expenses (which definitely qualifies as hardship). Thanks everyone for sharing your experiences and actual solutions instead of just venting! This community is amazing when people really need help navigating these frustrating government systems.
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Anna Xian
ā¢Hey Oscar! Based on my experience getting through last month, I'd plan for at least 30-45 minutes for the actual conversation with the agent once you're connected. They're usually pretty thorough with the verification process and will want to go through your account details carefully. The agents I've spoken with have been really helpful once you finally reach them, but they do ask a lot of questions to verify your identity - full name, SSN, address, filing status, and specific line items from both your current and prior year returns. Having everything organized beforehand like you're doing is super smart. For your medical expenses situation, I'd definitely recommend trying the Taxpayer Advocate Service first at 877-777-4778. Medical hardship is exactly the kind of situation they're designed to help with, and you might get faster results than going through the regular customer service maze. Plus, their wait times are typically much shorter. If you do end up trying the early morning + incorrect SSN method, make sure to call right at 7:00 AM Eastern - even 7:05 AM can make a difference in getting through. Good luck with your refund! Medical expenses are definitely a legitimate hardship situation, so don't hesitate to emphasize that when you call.
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Amara Nnamani
I've been following this thread closely since I'm dealing with the exact same issue! Filed my 2023 return in mid-February and still waiting on a $4,200 refund. The "Where's My Refund" tool has been stuck on "processing" for weeks now. After reading all these amazing suggestions, I wanted to share what worked for me this morning. I tried the early morning calling strategy at exactly 7:00 AM Eastern using the main number (800-829-1040). Following Jamal's method, I pressed 1 for English, then 2 for personal income tax, then 1 for questions about a filed return. When it asked for my SSN, I intentionally entered it wrong twice, and on the third prompt it transferred me to a live agent queue! The wait was about 35 minutes, but I finally got through to a real person. The agent was incredibly helpful and discovered that my return was flagged because I had some cryptocurrency transactions that needed additional verification. She gave me a specific fax number to send my crypto transaction records to and said once they receive them, my refund should process within 2-3 weeks. Having all my documents ready (2022 return, 2023 return, all 1099s, and my specific questions written down) made the call so much more productive. The agent even gave me a case reference number to use if I need to call back. Connor, don't give up! The incorrect SSN trick really works, and the key is calling right at 7 AM. Also, definitely emphasize the hardship aspect with your car repairs - the agents have more tools to help when there's a legitimate financial need. You've got this!
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