


Ask the community...
Anyone know if the IRS has a preference between these reporting methods? I use TradeLog and have always added wash sale amounts to cost basis on replacement shares, but my accountant is questioning it because his other clients' reports from their brokers do it the other way.
The IRS doesn't explicitly state a preference as long as all wash sales are properly identified and reported. But in practice, most major brokerages (Schwab, Fidelity, etc.) now report wash sales by adjusting the cost basis of replacement shares, which is the TradeLog approach you mentioned.
I've been dealing with wash sale reporting for years as a day trader, and what you're experiencing is actually pretty common. The key thing to understand is that both GainsKeeper and TradeLog are likely correct - they're just applying different but valid interpretations of the wash sale rules. The IRS allows flexibility in how you report wash sales on Form 8949 as long as you're consistent and don't ultimately avoid recognizing the disallowed losses. Some software applies adjustments immediately when the wash sale occurs, while others defer the adjustments until you exit the position completely. My advice would be to pick one method and stick with it consistently across all your trading. If you're unsure which to choose, the method that adjusts cost basis on replacement shares (like TradeLog did for your LINE 4) tends to be more widely accepted and is what most major brokerages use in their year-end tax documents. Just make sure your total gains/losses for the year are roughly the same between both systems - that's the real test of whether the calculations are equivalent.
This is really helpful context! As someone new to dealing with wash sales, I'm curious - when you say "exit the position completely," does that mean I need to wait until I've sold all shares of that security before the wash sale calculations are finalized? I have some positions where I've been buying and selling the same stock multiple times throughout the year, so I'm not sure when the "wash sale chain" actually ends.
Great question! The "wash sale chain" can get really complex when you're actively trading the same security. You don't necessarily need to exit the entire position - it's more about tracking each specific lot of shares and their associated wash sale adjustments. For example, if you buy 100 shares, sell at a loss (wash sale), then buy 100 replacement shares, the disallowed loss gets added to the cost basis of those replacement shares. When you eventually sell those replacement shares, that's when the wash sale "resolves" for that particular chain - regardless of whether you still hold other shares of the same stock. The tricky part is when you have overlapping wash sale periods with multiple buys and sells. Most good tax software will track these individual chains automatically, but if you're doing it manually, you'll want to use FIFO (First In, First Out) or specific lot identification to keep track of which shares are tied to which wash sale adjustments. This is actually another reason why the software discrepancies you're seeing happen - different programs may use slightly different methods for matching up wash sale chains when you have complex trading patterns.
Make sure your merger agreement specifically addresses how tax audit responsibilities will be handled if the IRS or state agencies come calling about pre-merger operations! We merged our LLC two years ago, and the IRS just selected our OLD company for audit for the year before the merger. Now there's a huge fight about who's responsible for handling it, providing documentation, and potentially paying any adjustments. Nobody thought to address this in the merger agreement and it's causing major drama.
This is such an important point. Our operating agreement had a section that specifically said all tax liabilities from prior years would remain with the original owners, but we didn't specify WHO would manage the audit process and pay for representation.
That's exactly the issue we ran into. Our agreement addressed financial responsibility but not who would actually handle all the administrative aspects. The original managing member of our LLC has moved on to other ventures and doesn't want to spend dozens of hours dealing with audit document requests, but they're the ones who have all the historical knowledge. We ended up having to negotiate a separate agreement where the new entity hired the former managing member as a consultant specifically to handle the audit proceedings. It was expensive and created unnecessary tension that could have been avoided with proper language in the original merger agreement.
This is exactly the situation I went through 18 months ago when our 3-member LLC merged with a larger entity. The undistributed profits piece was the most complex part to navigate. One thing that hasn't been mentioned yet is the importance of getting a formal valuation of your LLC before finalizing the merger terms, especially with $87K in undistributed profits. The acquiring company will likely want to see how those profits affect your capital account balance and overall contribution to the merged entity. Also, make sure you understand whether the merger will be treated as a contribution of assets under IRC Section 721 or as a sale. If structured properly as a contribution, you're right that it should be tax-free, but the devil is in the details of how the exchange is documented. For the K-1 handling, I'd recommend asking the acquiring company's accountants specifically about their process for issuing partial-year K-1s. Some firms are better at this than others, and you want to make sure they have experience with mid-year mergers to avoid delays in getting your tax documents. The undistributed profits will definitely transfer as part of your capital account, but make sure the merger agreement specifies exactly how they'll be valued and allocated in the new entity structure.
Great point about the formal valuation! I hadn't considered how the undistributed profits might affect the overall exchange ratio. Did you find that the acquiring company tried to discount the value of those profits since they represent "trapped" cash that hasn't been distributed yet? I'm worried they might argue our $87K in undistributed profits shouldn't be valued dollar-for-dollar in determining our ownership percentage in the merged entity. Also, when you mention making sure it's structured as a contribution under Section 721 versus a sale - what specific language or documentation should we be looking for to ensure it's treated correctly? Our preliminary term sheet just says "share exchange" but I want to make sure we don't accidentally trigger a taxable event.
Just to add another data point - this EXACT issue is why I stopped using TurboTax for my foreign tax returns. I switched to TaxAct which actually lets you override the amount on line 19 without jumping through a million hoops.
I've been using FreeTaxUSA and it handles Form 1116 pretty well, including giving you the option to carry forward excess credits. Much cheaper than TurboTax too!
Great to know! I might check out FreeTaxUSA next year. TaxAct works but the interface for international stuff could definitely be better. The main thing is being able to make these elections manually without the software forcing you into what it thinks is "optimal" when it doesn't understand your multi-year tax strategy.
I went through this exact same issue last year! The key thing to understand is that Form 1116 doesn't automatically force you to use all your foreign tax credits - you absolutely can elect to carry forward excess amounts. Here's what worked for me: On Form 1116 Part III, line 19 is where you enter the amount of foreign tax credit you want to claim for the current year. Most tax software defaults to the maximum allowable amount, but you can manually enter a lower amount if you want to preserve credits for future years when you might have higher tax liability. Since you mentioned having different categories (like passive income), make sure you're filling out separate Form 1116s for each category. The carryover election is made separately for each category. One tip - if your tax software won't let you override line 19, look for an "override" or "manual entry" option in the forms section. Every major tax software has this capability, though they sometimes hide it pretty well! If all else fails, you might need to file a paper return to have complete control over your foreign tax credit elections. Keep detailed records of your carryover amounts since they can be used for up to 10 years. Good luck with your return!
This is incredibly helpful, thank you! I'm dealing with the exact same situation and was getting frustrated with my tax software automatically maxing out my FTC. Your point about separate Form 1116s for each category is especially important - I almost made the mistake of trying to handle everything on one form. Quick question: when you manually entered a lower amount on line 19, did you need to attach any kind of statement explaining your election, or does the IRS just accept whatever amount you put there as long as it's not more than the calculated maximum? I want to make sure I'm documenting this properly for future reference.
According to the National Taxpayer Advocate's 2023 Annual Report to Congress (available at taxpayeradvocate.irs.gov), identity theft cases now average 195 days to resolve. I've personally seen this timeline play out with multiple clients. Here's what typically happens: 1. Initial processing delay: 4-6 weeks 2. Case assignment to ITVA unit: 2-4 weeks 3. Investigation period: 3-4 months 4. Resolution and refund processing: 4-6 weeks The IRS has implemented a new Identity Theft Victim Assistance (IDTVA) program that's supposed to streamline these cases, but in practice, I'm still seeing similar timeframes to previous years.
I went through this exact situation in 2023 and can share some hard-learned lessons. First, make sure you keep detailed records of EVERYTHING - every phone call, letter received, and date submitted. The IRS lost my paperwork twice during the process. Second, if you haven't already, request an IP PIN (Identity Protection PIN) for future tax years - this prevents someone from filing with your SSN again. Third, consider setting up credit monitoring if you haven't already, as tax identity theft often indicates broader identity compromise. The investigation timeline is unfortunately unpredictable right now, but stay persistent with follow-ups every 30 days. Document each interaction. Good luck, and don't give up - you will eventually get your refund, even if it takes longer than expected.
This is incredibly helpful advice, especially about the IP PIN! I had no idea that was available. Quick question - when you say the IRS "lost" your paperwork twice, does that mean you had to resubmit everything from scratch each time? That sounds like an absolute nightmare on top of an already stressful situation. Also, did you find any particular way to get better documentation of your phone calls with them, or was it just keeping notes on your end?
Felicity Bud
I've been using QuickBooks for my online business, and they actually have a feature to help with inventory adjustments like this. If you're using QuickBooks or similar software, you might want to check if they have a specific process for handling inventory count corrections. In my case, I was able to make an inventory adjustment entry that clearly documented the reason for the change. This created a paper trail showing exactly what happened and when I discovered the error. My tax software then helped me address Line 35 appropriately with the correct wording.
0 coins
Mohammad Khaled
β’I'm actually using QuickBooks too, but I'm not super familiar with all its features. Could you share how you navigated to that inventory adjustment entry? Is it something specifically designed for tax corrections?
0 coins
Felicity Bud
β’In QuickBooks Online, you can go to Inventory > Adjust Quantity/Value on Hand. There you can create an adjustment that changes the quantity and/or value of your inventory items. There's a field for "Adjustment Account" where you can select an expense account to track these adjustments (many people use "Inventory Shrinkage" or create a custom account like "Inventory Count Corrections"). The important part is filling out the "Memo" field with a detailed explanation of why you're making the adjustment - in your case, something like "Correction of 2022 ending inventory count error." This creates documentation right in your accounting system. It's not specifically designed for tax corrections, but it creates the paper trail you need to explain the discrepancy on your Schedule C. Then when you run your reports, the adjustment will be visible and properly documented.
0 coins
Ana Rusula
I went through something very similar with my small retail business last year. One thing I'd add to the great advice already given here is to make sure you're prepared for potential follow-up questions if the IRS does review your return. In addition to the Line 35 explanation, I kept a simple spreadsheet showing the original count vs. corrected count for each affected item, along with the unit cost and total value difference. I also noted the date I discovered the error and what caused it (in my case, I had double-counted some items that were stored in two different locations). My CPA recommended keeping this documentation for at least 3 years in case of questions. She said having this level of detail ready actually reduces the chance of extended scrutiny because it shows you're being thorough and transparent about the correction. Also, since you mentioned you're behind on your inventory count - this might be a good time to implement a more systematic counting process for future years. I started doing quarterly spot checks on my highest-value items, which has helped me catch errors much earlier. Good luck with your filing!
0 coins
Freya Nielsen
β’This is really helpful advice about documentation! I'm curious - when you say you kept a spreadsheet showing the original vs corrected counts, did you also include photos or other proof of the actual physical inventory? I'm wondering if having visual documentation would be overkill or actually beneficial in case of questions later. Also, your point about quarterly spot checks is smart. Do you focus those checks on high-value items only, or do you also sample some of your lower-cost inventory? I'm trying to figure out the most efficient way to prevent this kind of error in the future without spending too much time on inventory management.
0 coins