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Not to complicate things more, but remember you only need to file a separate return for your child if their income exceeds the standard deduction for dependents. For 2023 that's $1,250 for unearned income.
That's misleading. If the unearned income is over $2,300 (for 2023), a tax return IS required for the dependent. OP's child had $9,500 in capital gains, so a return is definitely required. The $1,250 threshold is when the kiddie tax starts to apply, not when a return is needed. Let's not confuse the situation more!
You're right, I wasn't clear enough. Since the OP mentioned $9,500 in capital gains, a return is definitely required since it exceeds the $2,300 threshold for dependents. I was trying to add the general rule for other readers with smaller amounts, but I should have been more specific. Thanks for the correction!
Just want to add something important that I learned the hard way - make sure you keep detailed records of the original gift transaction and the automatic sale/reinvestment that triggered the capital gains. The IRS may want to see documentation showing that this wasn't a deliberate sale by you as the custodian. Also, since the brokerage automatically sold and reinvested without your instruction, you might want to check if they have any liability for the unexpected tax consequences. Some brokerages have been known to help cover tax impacts when their automatic processes create unintended taxable events, especially in custodial accounts for minors. One more thing - if you're going to have ongoing similar situations with gifts to the UTMA, consider asking family members to gift cash instead of appreciated securities to avoid future kiddie tax complications. Much easier to manage!
Great point about documenting the automatic sale! I hadn't thought about potential brokerage liability. Do you know what kind of documentation would be most helpful to keep? I have the original gift paperwork and the 1099-B showing the sale, but wondering if there's anything else I should be collecting now while it's fresh. Also really appreciate the tip about asking for cash gifts going forward - that's such a simple solution that would avoid this whole mess in the future!
I see everyone suggesting complicated solutions, but have you tried just asking your parents? If they claimed you as a dependent last year, they could probably just help you with this whole process. That's what I did my first time.
I was hoping to figure this out on my own since my parents live across the country now and they're kinda busy with my younger siblings. But I guess if nothing else works I could call them. Just wanted to feel like a real adult doing my own taxes lol! But thanks for the suggestion.
Sometimes the simplest answer is the best! I tried doing my taxes solo for the first time last year and ended up in a 3-hour phone call with my mom anyway. These tax programs make it seem easy but there's always something confusing.
Hey Alejandro! I went through this exact same situation last year with TaxAct and that AGI verification step. Based on what you've described, since your parents claimed you as a dependent last year and you didn't file your own return, you should definitely enter "0" for your prior year AGI like Monique mentioned. Don't feel bad about getting stuck on this - it's honestly one of the most confusing parts for first-time filers because the software doesn't explain it clearly. The good news is once you get past this step, the rest should be much smoother! If entering "0" doesn't work for some reason, you can also look for TaxAct's "forgot my AGI" option which should give you alternatives like requesting a PIN from the IRS instead. But in your situation, the "0" should definitely work since you weren't filing independently last year. You've got this! Don't give up on doing it yourself - you're so close to figuring it out.
Here's what's probably happening: The IRS likely identified something they need to verify or adjust on your return. Instead of stressing, I'd highly recommend using taxr.ai to analyze your transcript. It uses AI to break down exactly what's happening with your return, when to expect correspondence, and most importantly - when you'll likely receive your refund. The tool has been a game-changer for understanding these complex situations. Costs $1 but saves hours of confusion and anxiety. You'll get immediate answers instead of waiting for that letter to show up. Other things you can do: - Set up USPS informed delivery - Make sure your address is current with IRS - Keep checking your transcript for updates - Don't call IRS yet - wait for the letter first Hope this helps!
Does it work for amended returns too?
Yep! Works for any type of return - amended, prior year, everything
I've been through this exact situation before! "Notice Issued" typically means the IRS found something on your return that needs clarification or verification. Don't panic - it's not necessarily bad news, just means they need more info or are making adjustments. The notice will explain exactly what they need from you and give you a timeframe to respond. In my case, it was just identity verification and once I sent the docs back, my refund processed within a few weeks. Keep checking your transcript for updates and make sure to respond quickly once you get the letter!
Thanks for sharing your experience! That's reassuring to hear it worked out for you. How long did it take for the actual letter to arrive after you saw "Notice Issued" on your transcript? I'm hoping it's just something simple like identity verification and not a major issue with my return.
Don't forget about the financial aid implications! When your kid applies for college, 529 plans owned by parents are counted as parental assets (assessed at a max of 5.64% for financial aid), but 529s owned by grandparents or other relatives used to not count at all until the money was withdrawn. This changed recently though - starting with the 2024-2025 FAFSA, distributions from grandparent-owned 529s no longer count as student income. So the old strategy of having grandparents own the account doesn't have the same advantage it used to. But there's still a consideration with divorce - the custodial parent's finances are what matter for FAFSA. If your ex is the custodial parent and also owns the 529, it could affect financial aid differently than if you (the non-custodial parent) own a separate 529.
I went through a similar situation with my divorce two years ago. Here's what I learned: the key is understanding your state's specific rules about 529 deductions. In my case (Ohio), I had to be the account owner to claim the state tax deduction, so I ended up opening my own 529 account. One thing to consider that hasn't been mentioned yet - check if your state has a "recapture" provision. Some states will require you to pay back previous tax benefits if you change the beneficiary or if the account owner changes. This didn't affect me since I opened a new account, but it's something to be aware of if you're thinking about transferring ownership of the existing account. Also, don't overlook the investment management aspect. When you have separate accounts, you each get to choose your own investment strategy, which can actually be beneficial. My ex is more conservative with investments while I'm more aggressive, so having separate accounts lets us each manage according to our risk tolerance while still working toward the same goal of funding our daughter's education. The paperwork is a bit more complex come tax time, but it's worth it for the flexibility and potential tax benefits.
Thanks for bringing up the recapture provision - that's something I hadn't heard about before! Do you know which states typically have these rules? I'm in California and wondering if this could affect me if I decide to open my own account versus trying to get added to the existing one my ex owns. Also, when you say the paperwork is more complex at tax time, are you just talking about tracking contributions from multiple accounts, or are there other forms involved?
California doesn't have recapture provisions for 529 plans, but that's mainly because California doesn't offer state tax deductions for 529 contributions in the first place! So you wouldn't lose any tax benefits by opening your own account versus being added to your ex's account. Regarding the paperwork complexity, it's mostly about tracking contributions from multiple accounts. You'll need to keep records of how much you contributed to each account for your own records, and if you're in a state that offers deductions, you'll need to report those accurately. There aren't really additional tax forms - the complexity is more about organization and record-keeping to make sure you're not double-counting anything or missing deductions you're entitled to. Since you're in California, the main considerations for you would be control over investment choices and simplicity of tracking rather than tax benefits.
Emma Wilson
For anyone still wondering, I just went through this process for my visa application to the UK. Here's what worked for me: 1. For the most recent year (2024 taxes), I was able to go back into TaxAct and download the full return which included the Form 9325 equivalent. 2. For older years (2022-2023), I couldn't access my old TaxAct account, so I got Tax Return Transcripts from the IRS instead. 3. I included a brief cover letter explaining that the Tax Return Transcripts serve as official IRS confirmation that my taxes were filed and processed for those years. The visa was approved without any issues. From what the visa officer told me, they're mainly looking for proof that you've been tax compliant for the specified years, not specifically for Form 9325.
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Noah Lee
I'm dealing with this exact same situation right now! Just wanted to add that if you're using TurboTax, there's actually a specific way to find your Form 9325. After logging into your TurboTax account, go to "My Account" then "Tools" and look for "Prior Year Products." When you download your return, make sure you're downloading the "Complete PDF" version, not just the tax return itself. In my case, the Form 9325 was actually embedded in the very last pages of the complete PDF package. It wasn't a separate document but was included as part of the full filing package. The form shows your electronic filing PIN, date of acceptance, and confirmation that the IRS received your return electronically. Also, for anyone whose visa appointment is really soon - some embassies will accept a signed statement from your tax preparer (if you used one) confirming that your returns were e-filed and accepted. Obviously this won't work if you self-prepared, but it's worth checking if your embassy accepts this alternative documentation. Good luck with your visa application! I know how stressful this process can be when you're missing what seems like a critical document.
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NebulaNomad
ā¢This is super helpful, thank you! I'm using TurboTax and have been pulling my hair out trying to find these forms. I never thought to look for the "Complete PDF" version - I was just downloading what I thought was the full return. Quick question - when you say it was in the "very last pages," was it actually labeled as Form 9325 or did it have a different title? I'm wondering if I might have seen it before but didn't recognize it as the form I needed. Also, do you remember if it had all the same information that embassies typically look for (like the electronic filing confirmation number and acceptance date)? I have about 10 days before my visa interview, so I'm hoping this saves me from having to wait for IRS transcripts by mail!
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