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Amun-Ra Azra
Don't forget state taxes! Depending on your state, the rules and deadlines might be different than federal. Some states are more aggressive about pursuing unfiled returns than the IRS. I learned this the hard way when NY state came after me for unfiled returns even though I was owed refunds on the federal side. They added penalties even though I didn't owe them any tax either! Had to file the returns and then request penalty abatement.
Summer Green
ā¢What did you say to get the penalties removed? My state is charging me fees and I don't know how to ask for them to be forgiven.
Eli Wang
For state penalty abatement, you typically need to request "reasonable cause" relief by writing a letter explaining why you filed late. Common acceptable reasons include serious illness, death in family, natural disasters, or reliance on bad advice from a tax professional. In your letter, include: 1) A clear statement requesting penalty abatement, 2) The specific tax years and penalty types, 3) Your explanation of the circumstances that prevented timely filing, 4) Any supporting documentation, and 5) A statement that you've now filed all required returns. Most states have forms for this - search "[your state] penalty abatement request" or "reasonable cause relief." Be honest and specific about your circumstances. Even if it was just procrastination, some states will waive penalties for first-time filers or if the amount is small. Worth trying since the worst they can say is no!
This is really helpful advice! I had no idea that states would consider "reasonable cause" for penalty relief. I've been putting off dealing with my state penalties because I assumed there was no way out of them. Do you know if there's typically a time limit for requesting penalty abatement? Like if the penalties were assessed a year ago, is it too late to ask for relief?
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One thing nobody has mentioned yet - check if your mother's trust becomes irrevocable upon death (most living trusts do). This affects how you handle the taxation going forward. If the trust became irrevocable upon death, you'll need to: 1. Apply for a new EIN for the now-irrevocable trust 2. File Form 1041 for any income generated by trust assets after death 3. Issue K-1s to beneficiaries for distributed income The Form 56 process is still needed as others described, but don't overlook these additional requirements. The IRS publication 559 "Survivors, Executors, and Administrators" has detailed guidance that was super helpful in my case.
Do you really always need a new EIN when a living trust becomes irrevocable after death? I thought that was only necessary if the trust was splitting into separate shares for multiple beneficiaries.
You're right that there are some exceptions. The full rule is a bit nuanced - a new EIN is generally required when a trust changes its character substantially enough to make it a different entity for federal tax purposes. When a living trust becomes irrevocable upon death, it's usually considered a new entity for tax purposes, especially if it will continue to exist to manage and distribute assets. However, if the trust will be fully distributed immediately to a single beneficiary, you might be able to continue using the decedent's SSN for a short time. The safest approach is to get a new EIN, as using the wrong identifier can create significant complications later. IRS Publication 559 provides the details, but when I was in this situation, I found it easier to just get the new EIN to avoid any potential issues.
Emma Davis
This is such a helpful thread! I'm dealing with a similar situation with my father's estate and living trust. One additional point I'd like to add based on my experience: when filing the two separate Form 56s that you mentioned, make sure to clearly differentiate the purposes in your cover letters or any correspondence. For the personal fiduciary Form 56 (to file your mom's 2022 taxes), I wrote "Filing Form 56 to establish fiduciary authority for decedent's final individual income tax return (Form 1040)" at the top. For the trust fiduciary Form 56, I wrote "Filing Form 56 to establish ongoing fiduciary authority for irrevocable trust taxation." This helped avoid confusion when the IRS processed them, especially since they were submitted close together. Also, keep copies of everything and consider sending them certified mail - the IRS processing times for Form 56 can be unpredictable, and having proof of submission dates was crucial when I had to follow up. The advice about Publication 559 is spot-on. It's dense reading, but it covers scenarios that most online resources miss. Good luck with everything!
Sara Unger
ā¢Thank you for this practical tip about differentiating the purposes in cover letters! I hadn't thought about that but it makes total sense given how easy it would be for the IRS to mix up two Form 56s submitted around the same time for related but different purposes. Your suggestion about certified mail is really smart too. I've been burned before by the IRS claiming they never received documents, so having that proof of delivery could save a lot of headaches down the road. One quick question - did you submit both Form 56s at the same time, or did you space them out? I'm wondering if submitting them simultaneously might actually help the IRS understand they're related but separate fiduciary roles, or if it's better to wait until the first one is processed before submitting the second.
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Has anyone here actually successfully dissolved an LLC without hiring a lawyer? I'm trying to figure out if I can handle this myself or if I should just pay someone to take care of it. My LLC (also did nothing) is registered in Florida if that helps.
I dissolved my LLC in Florida last year without a lawyer. It was pretty straightforward - just filed the Articles of Dissolution form (search for form "LLC Dissolution" on sunbiz.org) and paid the $25 fee. Make sure your annual report is filed first and that you don't have any outstanding tax obligations. The whole process took maybe 20 minutes online plus a few weeks of processing time.
Mary Bates
Great advice from everyone here! Just wanted to add that if you're feeling overwhelmed by all the different requirements (federal, state, dissolution procedures), don't forget that the IRS also has some helpful resources on their website. Publication 3402 specifically covers tax issues for LLCs, including inactive ones. Also, make sure to keep good records of everything you do to close the LLC - the dissolution paperwork, any final tax filings, correspondence with state agencies, etc. This documentation will be valuable if any questions come up later. I learned this the hard way when I had to reconstruct paperwork for an old business years later. One last tip: if you formed the LLC late in the year and it truly had zero activity, some tax preparers recommend including a statement with your return explaining the situation (like "LLC formed in December 2023, no business activity conducted"). It's not required but can help prevent any confusion if the IRS has questions.
This is really helpful documentation advice! I'm definitely going to keep everything organized in case there are questions later. Quick follow-up - when you mention including a statement with the return, do you just write it on a separate piece of paper and attach it, or is there a specific form section where explanatory statements go? I want to make sure I do this right since my LLC situation is pretty similar to the original poster's.
Chloe Zhang
ā¢For explanatory statements, you typically just attach a separate sheet of paper to your return with a clear heading like "Statement Regarding [LLC Name]" and then explain the situation in plain language. There's no specific IRS form for this - it's just additional documentation. Make sure to include your name, SSN, and the tax year at the top of the statement, and reference which schedule or form it relates to (like "Attached to Schedule C"). Keep it brief but clear - something like "XYZ LLC was formed in December 2023 but conducted no business activities during the tax year. No income, expenses, or business transactions occurred." This creates a clear paper trail showing you properly disclosed the entity's existence and inactivity.
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I'm dealing with the exact same issue! Filed through TurboTax in early February and my transcript still shows "Return Not Present" even though I have all the confirmation emails. It's been driving me crazy because I really need that refund money. I've been reading through all these comments about taxr.ai and honestly thinking about trying it since calling the IRS has been impossible. Has anyone here actually gotten their "not filed" status resolved? Like did it eventually just show up processed or did you have to do something specific? Really hoping this gets sorted out soon because I'm starting to panic that something went wrong with my filing š°
Eve Freeman
ā¢I'm in literally the exact same situation! Filed through TurboTax in February and my transcript is showing the same "Return Not Present" message. It's so stressful when you're counting on that refund. From what I've been reading here, it seems like this is happening to a lot of people right now. I'm thinking about trying that taxr.ai thing everyone's mentioning since getting through to the IRS seems impossible. Let me know if you end up trying it - would love to hear if it actually helps! š¤
Harmony Love
Same exact situation here! Filed through TurboTax on February 8th and my transcript is showing "Return Not Present" too. I've been checking daily and it's so frustrating because I got all the confirmation emails from TurboTax saying it was successfully transmitted. I actually just tried that taxr.ai tool that everyone's been mentioning and it was super helpful - it analyzed my transcript and explained that the "not filed" status often shows up when returns are stuck in a verification queue or there's a processing backlog. It gave me a timeline of when I can expect updates and what to watch for. Definitely worth the $1 just for peace of mind! The IRS phone lines are basically useless right now so having something that can actually interpret what's going on with your specific situation is a game changer. Hang in there - sounds like a lot of us are dealing with this right now! šŖ
Lucy Lam
ā¢Thanks for sharing your experience with taxr.ai! It's reassuring to hear that it actually helped explain what's going on. I've been so stressed about this whole situation - filed on Feb 12th through TurboTax and same story, transcript shows nothing. The not knowing is the worst part! Definitely going to check out that tool since it sounds like it gives actual answers instead of just generic "your return is being processed" messages. Really appreciate you taking the time to share what you learned! š
Gabriel Freeman
I was in almost the exact same boat last month (though I guess my situation was slightly less complicated). Called the TAS number (877-777-4778) every day for a week at exactly 7:00 AM Eastern when they open. Finally got through on Thursday, explained my situation, and the advocate was actually pretty helpful! She created a case file and contacted the specific department handling my amended return. Got a resolution within 10 days after that. The secret seems to be calling right when they open - who would have thought government offices actually answer phones at opening time? š
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Margot Quinn
I'm dealing with a very similar situation - my 1040X has been stuck "in process" for 76 days now and I'm getting nowhere with the regular IRS phone lines. Based on what everyone's shared here, I'm planning to try calling the TAS national line (877-777-4778) first thing tomorrow morning at 7 AM sharp, since Gabriel had success with that timing. If that doesn't work, I'll look up my local TAS office using the zip code tool on their website. One question for those who've successfully worked with TAS - how specific did you need to be about financial hardship? I'm not facing eviction or utility shutoffs, but the delay is preventing me from finalizing some financial planning decisions that are time-sensitive. Would that qualify, or do they really need to see immediate financial distress? Thanks everyone for sharing your experiences - this thread has been incredibly helpful!
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Liam Fitzgerald
ā¢From my experience as someone new to dealing with TAS, they seem pretty strict about what qualifies as "hardship." Financial planning delays might not be enough unless you can show concrete consequences - like missing a mortgage deadline, loan approval expiring, or business decisions that cost money due to the delay. That said, it's worth trying! The worst they can say is no, and at 76 days you're definitely approaching the timeframe where they might consider it excessive. Good luck with the 7 AM call strategy - that seems to be the golden advice from this thread!
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