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Something doesn't add up with your numbers. If the missed RMD was $5,695, the maximum excise tax penalty should be 50% of that, which is $2,847.50. But the IRS is asking for the full $5,695 plus penalties? Did you include the distribution on his tax return for 2022 (even though it was taken in 2023)? If not, the IRS might be considering this unreported income, which would explain why they're including the full amount as a tax increase. Also, I think you misunderstood what Form 5329 does. Lines 53-55 being zero means you calculated no penalty due (requesting a waiver). But you still have to report and pay tax on the RMD amount itself once it's distributed.
Hmm, I don't think we included it on his 2022 return since he actually took the distribution in April 2023. Should we have reported it for 2022 anyway since that's when it should have been taken? And if so, would we need to file an amended return for 2022? So if I'm understanding correctly: 1. We need to pay income tax on the RMD regardless (either in 2022 or 2023) 2. There's potentially a 50% excise tax penalty, which we requested a waiver for 3. Since we didn't include it on the 2022 return, they're adding failure to file/pay penalties Is that right?
Yes, you've got it exactly right. The RMD should have been reported in 2022 even though you took it in 2023, since that's the year it was required. So you would need to file an amended return for 2022 showing this income. The IRS is essentially doing this correction for you automatically, which is why they're adding the tax on the RMD amount plus the failure to file/pay penalties. This is separate from the 50% excise tax penalty (which your Form 5329 requested a waiver for). I'd recommend responding to their notice explaining that you already filed Form 5329 requesting a waiver of the excise tax penalty since you corrected the error as soon as you discovered it. You might still owe the regular income tax plus some penalties for late filing/payment, but you can often get those reduced if you show good faith in correcting the issue.
Just to add another perspective - my father missed his RMD two years ago, and we went through this same process. We had to: 1. Take the missed distribution immediately 2. File Form 5329 requesting a waiver of the 50% penalty 3. Include a letter explaining WHY it was missed (in our case, health issues) 4. File an amended return to include the missed RMD as income in the correct year The IRS initially sent a similar notice to what you received, but after we responded with a detailed explanation, they waived most of the penalties. We still had to pay the basic income tax on the distribution amount plus some interest, but they removed the failure to file/pay penalties. The key was providing a legitimate reason why it was missed and showing we corrected it immediately upon discovery.
How long did it take for the IRS to respond after you sent in all that documentation? I'm in a similar situation and getting anxious about how long the process might drag on.
@Maya Patel That s'really helpful to hear about your experience! What kind of health issues did you cite as the reason? My dad had some memory issues around that time period that might have contributed to him forgetting the RMD, but I m'not sure if that would qualify as a legitimate reason in the IRS s'eyes. Also, when you filed the amended return, did you include the distribution as 2022 income even though it was actually taken in 2023? I m'still confused about the timing of when to report it.
This exact thing happened to my sister last month! The IRS system is so broken - they dated her check in December but it didn't actually get mailed until March. She was going crazy checking "Where's My Refund" every day and it never updated. Here's what worked for her: She tried her bank first (Chase) and they actually accepted the expired check even though it was about 6 weeks past the expiration date. The teller said they have discretion with government checks and since it was clearly just a mailing delay, not her fault, they processed it without any issues. If your bank won't take it, definitely call the IRS early in the morning (like 7:00 AM sharp when they open) - that's when you have the best chance of getting through. My sister had to try a few days but eventually got connected in under 30 minutes. The agent was actually super helpful and apologetic about the delay. They immediately started the reissuance process over the phone and she got her new check in about 3 weeks. They also updated her address in their system to make sure it wouldn't happen again. Don't stress too much - this is apparently pretty common and the IRS knows their mailing system has issues. You'll get your money!
That's really reassuring to hear! I was starting to panic thinking I might lose my refund entirely. It's crazy how common this seems to be - you'd think the IRS would have figured out their mailing system by now. I'm definitely going to try my bank first thing tomorrow morning. I bank with Wells Fargo, so hopefully they'll be as understanding as Chase was for your sister. If not, I'll try the early morning IRS call strategy. Did your sister have to provide any special documentation when she called, or was just verifying her identity over the phone enough? I want to have everything ready if I need to go that route. Thanks for sharing this - makes me feel way less alone in dealing with this mess!
From what my sister told me, she just had to verify her identity over the phone - they asked for her SSN, date of birth, filing status, and the amount of the refund. The IRS agent was able to pull up all her tax information in their system and confirm the expired check details. She didn't need to have any physical documents in front of her, but it helped that she remembered roughly when she filed and what her refund amount was. The agent could see everything on their end once they verified it was really her. The whole call took maybe 15-20 minutes total. The agent even gave her a reference number for the reissuance case so she could call back and check status if needed. Definitely have a pen ready to write down any reference numbers they give you! Good luck with Wells Fargo tomorrow - hopefully they'll be just as accommodating. And don't worry, you definitely won't lose your refund. The IRS knows this is their system's fault, not yours!
I went through this exact same frustrating situation about 6 months ago! The good news is that you absolutely can get your refund - expired Treasury checks are more common than you'd think and the IRS has procedures in place for this. Here's what I'd recommend based on my experience: 1. **Try your bank first** - Many banks will still honor Treasury checks even after the stated expiration date, especially if it's only been a few weeks. Bring ID and be prepared to explain the situation. Worth trying before going through the reissuance process. 2. **If bank says no, contact IRS directly** - Call early (right at 7 AM when they open) for best chance of getting through. Have your SSN, filing details, and refund amount ready. They can verify your identity and start reissuance over the phone. 3. **Mail option as backup** - If you can't reach them by phone, write "VOID" across the expired check and mail it back with a letter explaining you received it after expiration. Include your contact info and request a new check. Send it certified mail to track it. 4. **Check your address** - Make sure the IRS has your current, correct address! This might be why your check took so long to reach you. They can update it during your call. The whole process took about 4 weeks for me once I got it sorted out. Don't panic - you'll get your $2,873! This happens way more often than it should due to IRS mailing delays.
This is super helpful, thanks for the detailed breakdown! I'm definitely going to try my bank first thing tomorrow. Your point about checking the address is really important - I just realized I moved apartments about a month after filing my taxes and never updated my address with the IRS. That's probably exactly why this check took forever to reach me. When you called the IRS to update your address, did they ask for any proof of the new address or was it pretty straightforward? I want to make sure I don't run into the same problem with the replacement check if my bank won't take this expired one. Really appreciate you taking the time to share your experience - makes this whole situation feel way more manageable!
Great thread! Just wanted to add one more consideration that hasn't been mentioned yet - if you're planning to upgrade to a higher-value vehicle in the future, starting with actual expenses now might limit your flexibility later. For example, if you use actual expenses on your current Honda Accord lease and then want to lease a BMW or Mercedes next year, you'd be locked into actual expenses for that vehicle too. But if those luxury vehicles have high lease inclusion amounts, the standard mileage rate might actually be more beneficial. Also, don't overlook the administrative burden. I switched from actual expenses to standard mileage last year specifically because tracking every single receipt, gas purchase, and maintenance cost was eating up way too much of my time. The standard rate is so much simpler - just track your business miles and multiply by the rate. Given that you're already at 75% business use (which is quite high), the standard mileage method would probably work well for you and keep things simple for your first year in business.
This is such a helpful perspective, especially about the flexibility issue! I'm actually in a similar boat - just started my LLC this year and was leaning toward actual expenses because I thought it would save more money. But you're right about the administrative burden. I've already spent way too many hours this month trying to organize receipts and figure out what counts as a deductible expense versus what doesn't. The point about being locked into actual expenses for future vehicles is really eye-opening too. I hadn't thought about what happens if I want to upgrade my lease in a couple years. Starting with standard mileage definitely seems like the safer, simpler route for a newcomer like me. Thanks for sharing your experience!
As someone who just went through this exact decision process last month, I'd strongly recommend starting with the standard mileage rate for your first year. Here's why: 1. **Simplicity**: You're already juggling learning how to run a business - don't add unnecessary tax complexity on top of it. Standard mileage just requires tracking business vs personal miles. 2. **Your usage percentage**: At 75% business use, you're in the sweet spot where standard mileage typically works well. The current rate of 67 cents per mile factors in all those costs you mentioned (lease payments, maintenance, gas, insurance). 3. **Flexibility**: If you start with standard mileage, you can always switch to actual expenses next year if your situation changes. But if you start with actual expenses, you're locked in for the entire lease period. 4. **Audit protection**: A simple mileage log with dates, destinations, and business purposes is much cleaner than boxes of receipts if you ever face an audit. For your Honda Accord at $425/month, you'd need to drive quite a few business miles for standard mileage to beat actual expenses, but given that you're doing client visits (which typically means decent mileage), it's likely competitive or better. My advice: Start simple with standard mileage, get a good mileage tracking app, and focus your energy on growing your consulting business rather than managing receipts!
This is exactly the kind of practical advice I was hoping to find! I'm also brand new to running my own business (started my marketing consulting LLC just 3 months ago) and have been completely overwhelmed trying to figure out the "right" way to handle vehicle expenses. I've been leaning toward actual expenses because I thought it would automatically save me more money, but you make a really compelling case for starting simple. The point about focusing energy on growing the business rather than managing receipts really resonates with me. I've already spent way too many weekends trying to organize financial records when I should have been working on client projects or business development. Quick question though - do you have any recommendations for mileage tracking apps? I've been using a basic spreadsheet but I'm worried about accuracy and whether it would hold up if the IRS ever questioned it.
Check your pay stub carefully to make sure "exempt" isn't checked somewhere. Sometimes if you write "EXEMPT" on your W4 (which you should only do if you had no tax liability last year and expect none this year), payroll will not withhold any federal income tax.
Don't panic! This is actually a pretty common issue and it's fixable. Since you caught it early (only 6 weeks in), you're in a much better position than if you'd discovered this in December. Here's what you need to do immediately: 1. **Get a new W4 from HR/payroll** - Tell them explicitly that federal income tax isn't being withheld and you need to correct this ASAP. 2. **When filling out the new W4**, be very clear about your filing status (Single) and consider adding extra withholding in section 4(c) to make up for what you've missed. For your income level (~$31K annually), you'll want to catch up on roughly $450-600 in federal withholding that should have been taken out already. 3. **Double-check your pay stub** after the next paycheck to confirm federal taxes are actually being withheld. The most likely culprits are: your employer entered your W4 incorrectly, accidentally marked you as "exempt," or there was a data entry error in their payroll system. This happens more often than you'd think, especially with new employees. Since you're fixing this now rather than at year-end, you shouldn't face any underpayment penalties as long as you get enough withheld for the remainder of the year. You've got this!
Yuki Ito
Another thing to keep in mind - if the money came from certain countries, there might be extra scrutiny. My cousin got a gift from his grandfather in Iran and ended up triggering all kinds of additional reviews because of sanctions issues, even though it was a legitimate family gift. Just something to be aware of depending on which country your relative is in.
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Carmen Lopez
โขDefinitely true. Countries with banking secrecy laws or that are on FATF's "grey list" trigger additional scrutiny. Also matters HOW the money was transferred. If it came through normal banking channels with proper documentation, much less likely to raise flags than if it came through unusual methods.
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AstroAce
As someone who's dealt with multiple Form 3520 filings over the years, I'd strongly recommend keeping detailed records even though they're not required with the filing. Create a simple folder with: (1) bank statements showing the incoming transfer, (2) any emails or letters from your relative mentioning the gift, (3) documentation of your relationship (family tree, photos, etc.), and (4) a simple one-page summary you write explaining the circumstances. The $2,700 quote does seem excessive for a straightforward gift situation. Form 3520 for foreign gifts is actually one of the simpler international tax forms. However, given the severe penalties mentioned by others, it might be worth getting a one-time consultation with a tax professional just to review your completed form before filing - many charge $200-400 for a review rather than full preparation. One last tip: file electronically if possible. Paper forms can get lost or delayed in processing, and with the strict deadlines, you want confirmation your form was received on time.
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