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I'm currently going through this exact same situation! I noticed the 970 code appeared on my transcript about 10 days ago with absolutely no other information, and like many of you, I immediately started panicking about what it meant for my refund. Reading through all of these experiences has been incredibly reassuring - it's clear that getting just the 970 code alone is much more common than I thought, and most people seem to get resolution within 3-4 weeks. I was especially helpful to see the variety of reasons people got the code (education credits, identity verification, random reviews, etc.) because it shows that it's usually routine verification rather than a serious problem. I've been guilty of checking my transcript way too often (sometimes multiple times per day!), but based on everyone's advice here, I'm going to limit myself to checking once a week and just wait for the letter to arrive. It sounds like that's really the key - waiting for the IRS to tell you specifically what they need rather than trying to guess from the codes. Thanks to everyone who shared their timelines and outcomes - it really helps reduce the anxiety of not knowing what's happening with your refund!
I'm in the exact same boat as you! Just found the 970 code on my transcript 3 days ago and have been frantically searching for answers. This thread has been a lifesaver - I had no idea this was so common! Like you, I've been obsessively checking my transcript multiple times a day, but after reading everyone's experiences here, I'm convinced that patience is really the key. It seems like the pattern is: 970 code appears ā wait 2-3 weeks ā letter arrives explaining what they need ā quick resolution once you respond. I'm going to follow the advice here and limit myself to checking once a week. The waiting is brutal, but it sounds like we're both likely looking at resolution within the next few weeks. Thanks for posting - it's really comforting to know there are others going through this exact same situation right now!
I just wanted to add my experience to this thread since I went through the exact same thing about 4 months ago. The 970 code appeared on my transcript all by itself, and I was convinced something was seriously wrong with my return. After about 3 weeks of checking my transcript daily (which I don't recommend - it just increases the anxiety!), I received a letter asking me to verify some information about the Child and Dependent Care Credit I had claimed. Turns out they just wanted to confirm my daycare provider's information and the amounts I paid. I was able to respond to their request entirely online through the IRS website, and my refund was released exactly 7 days later. The whole process from when the 970 code first appeared to getting my refund took about 5 weeks total. What I learned from the experience is that the 970 code by itself really is just the beginning of their review process - it doesn't mean there's necessarily anything wrong. The specific reason for the review usually becomes clear when you get that follow-up letter. Try to be patient (easier said than done, I know!) and don't let it stress you out too much. Based on everything I've read here and my own experience, the vast majority of these situations resolve smoothly once you provide whatever information they're looking for.
Does anyone know if tax loss harvesting software actually helps avoid these wash sale problems? I've been looking at some of the robo-advisors that claim to do this automatically and wondered if its worth it.
I've been using Wealthfront for about 2 years and their tax-loss harvesting has been pretty good at avoiding wash sales by using similar but not "substantially identical" securities. For example, they might sell a Vanguard S&P 500 ETF at a loss and buy an iShares S&P 500 ETF that performs similarly but isn't identical in the IRS's eyes. Just be careful if you're trading similar securities in other accounts they don't manage - that can still trigger wash sales they can't prevent.
I had a similar situation last year and it really threw me for a loop! Here's what I learned that might help: The wash sale disallowed amount ($3,400 in your case) doesn't mean you owe taxes on money you didn't make. It just means those specific losses can't be deducted this year. The key question is: are you still holding the replacement shares you bought within those 30-day windows? If yes, then those losses get added to your cost basis in those shares and you'll be able to claim them when you eventually sell (as long as you don't trigger another wash sale). If you actually sold everything by December 31st and your true economic loss for the year was $2,800, then that should be what shows up on your return. The problem might be that TurboTax isn't properly accounting for all your transactions or you might still be holding some replacement shares without realizing it. I'd recommend double-checking your year-end positions against all the trades that triggered wash sales. Sometimes people forget about partial sales or don't realize they're still holding shares that are preventing them from claiming the losses.
This is really helpful, thank you! I think I might be in exactly this situation where I'm still holding some replacement shares without realizing it. When you say "partial sales" - do you mean if I sold part of my position but kept some shares? Because I definitely did that with a few stocks. Would those remaining shares prevent me from claiming the losses on the portions I did sell?
Yes, exactly! If you sold part of your position but kept some shares, those remaining shares are considered "replacement shares" for wash sale purposes. This means the losses on the shares you sold cannot be claimed if you're still holding any portion of the same stock within that 30-day window. For example, if you sold 100 shares of XYZ at a loss and then bought back 50 shares within 30 days (or were already holding some), the entire loss on those 100 shares gets disallowed and added to the basis of the 50 shares you're holding. To actually claim those losses, you'd need to sell ALL of your XYZ shares and wait at least 31 days before buying back in. This is one of the trickiest parts of wash sale rules that catches a lot of people off guard!
9 As someone who prepares partnership returns professionally, I strongly recommend you also keep a copy of that Schedule B-2 and your cover letter with proof of mailing (certified mail receipt) with your tax records. The IRS has been known to lose documents after they're received, and having documentation that you submitted the missing form can save you from penalties later. Also, consider switching to e-filing next year if possible. This type of issue doesn't happen with e-filed returns because the system won't accept the 1065 without required schedules.
14 Do you think this situation warrants hiring a tax professional to handle it? I've always done our partnership returns myself, but this mistake has me worried I'm in over my head now.
9 For just a missing Schedule B-2, hiring a professional specifically for this issue is probably unnecessary unless the schedule contains complex information that affects the substance of your return. This is a fairly straightforward fix that you can handle yourself with the advice already provided. However, if your partnership is growing in complexity or you're finding the annual filing requirements increasingly challenging, it might be worth consulting with a tax professional for future returns. Partnership taxation has become significantly more complex in recent years with additional reporting requirements and potential penalties.
5 Something similar happened to me last year, but I didn't realize until the IRS sent a notice requesting the missing schedule about 2 months after filing. It didn't result in any penalties, just a delay in processing the return. I just sent in the missing form with their notice, and everything was resolved within a few weeks.
17 Did they still process your K-1s in time? My partners are already asking when they'll get their K-1 information for their personal returns, and I'm worried this mistake will delay everything.
The K-1s were processed and available to partners on schedule, even though the main return was held up waiting for the missing schedule. The IRS seems to separate the K-1 processing from the main return processing when they're waiting for additional information. My partners were able to get their K-1s and file their personal returns without any delays, which was a relief. The missing schedule only affected the partnership return itself, not the individual partner reporting.
CCH has a great corporate income tax navigator tool that shows nexus requirements for all states. It's expensive but worth it if you're dealing with this regularly. You might also want to check with your existing tax software provider - many of them have state nexus determination tools built in. For a more DIY approach, I've found the State Tax Research Institute (STRI) publications to be helpful. They periodically publish comprehensive surveys of state tax nexus standards.
Thanks for the suggestion! Do you know if the CCH tool covers the edge cases like remote employees vs independent contractors and how they affect nexus? Also, any idea on pricing for a small-medium business?
The CCH tool definitely covers the distinction between remote employees and independent contractors for nexus purposes. It breaks down each state's position on various business activities - whether having remote workers creates nexus, what types of solicitation activities are protected under P.L. 86-272, and factor presence thresholds for economic nexus. Pricing is unfortunately on the high side for small businesses - typically around $2,500-3,000 annually for the state tax module. If that's beyond your budget, you might consider bringing in a regional CPA firm with multi-state expertise for a one-time nexus study. They often have access to these resources and can provide you with a comprehensive analysis for less than buying the tools yourself.
One resource nobody's mentioned yet is Thomson Reuters Checkpoint. Their state tax nexus tool is very comprehensive. We use it at our firm for all multi-state clients. Don't forget to consider whether your company might benefit from voluntary disclosure agreements in states where you may have had nexus but haven't filed. Many states have amnesty or VDA programs that can limit lookback periods and waive penalties.
How do the voluntary disclosure agreements work? We probably should have been filing in some states for the past couple years but haven't been.
Voluntary Disclosure Agreements (VDAs) are essentially deals you can make with states where you come forward voluntarily to register and pay back taxes before they audit you. Most states offer some form of VDA program because it's easier for them than tracking down non-compliant businesses. The typical benefits include: limiting the lookback period (usually 3-4 years instead of the full statute of limitations), waiving penalties (though you'll still owe interest), and sometimes reducing the interest rate. You have to be "clean" when you apply - meaning the state can't already be investigating you or have contacted you about the tax. The process usually involves submitting an anonymous pre-application where you describe your business activities without identifying yourself. The state reviews it and tells you what relief they're willing to offer. If you accept, you then formally identify yourself and enter into the agreement. I'd definitely recommend working with a tax attorney or experienced CPA for VDAs since there are strict procedures and deadlines. Also, some states require you to register for all taxes at once (income, sales, payroll) so you need to understand the full compliance picture before applying.
Fatima Al-Hashemi
Has anyone used TurboTax for reporting rental property sales? I'm in a similar situation and wondering if it handles depreciation recapture correctly or if I need to go to a professional.
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Dylan Mitchell
ā¢I used TurboTax last year for my rental property sale and it was decent. It asked all the right questions about depreciation and guided me through the process, but I still felt like I needed to double-check everything. The interface for entering improvement costs was particularly clunky. If your situation is pretty straightforward, TurboTax can handle it. But if you have lots of improvements or a complicated ownership history, might be worth paying a CPA for at least a review.
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Amina Diop
One thing I haven't seen mentioned yet is the Net Investment Income Tax (NIIT). Since you're married filing jointly with income around $83k, adding the $255k capital gain will likely push you over the $250k threshold for NIIT. This means you'll owe an additional 3.8% tax on the investment income portion that exceeds the threshold. So in addition to the regular capital gains tax and depreciation recapture we've discussed, you'd be looking at roughly 3.8% on about $88k of the gain (the amount over $250k threshold), which is another $3,340 or so. Also, don't forget about state taxes if you're in a state that taxes capital gains. This can add significantly to your total tax bill depending on where you live. Make sure you're setting aside enough money - between federal capital gains, depreciation recapture, NIIT, and potential state taxes, you could be looking at a substantially higher tax bill than just the federal calculations alone.
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Mateo Gonzalez
ā¢Wow, I completely forgot about the NIIT! That's a really important point. So if I understand correctly, with our $83k regular income plus the $255k capital gain, we'd have $338k total income, which means we'd owe the 3.8% NIIT on $88k (the amount over $250k). This is getting pretty complicated with all the different tax layers. Between the regular capital gains tax (~$31,500), depreciation recapture (~$11,250), and now NIIT (~$3,340), we're looking at close to $46k in federal taxes alone. And we're in California, so there will be state taxes on top of that. I think I definitely need to consult with a tax professional at this point. This is way more complex than I initially thought!
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