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the whole system is broken fr fr. took me 6 tries last year to get it right smh
ong bro the IRS be playing games with us 🤡
make sure ur using the ORIGINAL 1095-A they sent. sometimes they send corrected ones and ppl dont notice
omg wait... i think this might be it. just found a second form in my email from february
@StarSurfer YES! That's probably it! The corrected 1095-A usually has different amounts that match what the IRS has on file. Use that one instead of the original. This catches so many people off guard!
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One thing to consider that I haven't seen mentioned yet - the IRS has been dealing with massive backlogs and staffing shortages since COVID. While getting your case back from CBE Group might give you access to better resolution options, it could also mean your case sits in limbo for months before anyone actually works on it. I had a similar situation with about $60k in back taxes. When I requested my case back from the collection agency, it took nearly 6 months before the IRS actually assigned someone to work on it. During that time, interest and penalties kept accruing. The upside was that once they did assign someone, I was able to get into a partial payment installment agreement that the collection agency couldn't offer. My advice would be to have a clear plan for what type of resolution you're seeking before requesting the transfer. If you just want a basic payment plan, the collection agency might actually move faster. But if you need hardship consideration, Currently Not Collectible status, or want to explore an Offer in Compromise, then definitely get it back to the IRS despite the potential delays.
This is really helpful context about the IRS backlogs. I'm curious - during those 6 months when your case was in limbo, did you have any protection from additional collection actions? Like, were you safe from levies or wage garnishments while waiting for assignment, or do you still need to be proactive about requesting those protections separately?
Good question about collection protections. During the transfer period, you're generally protected from new enforcement actions because the case is technically "in process" between the collection agency and the IRS. However, this isn't automatic protection - you should document that you've requested the transfer and keep records of when you made the request. If you're worried about levies or garnishments, you can also request a Collection Due Process hearing or submit Form 12153 to formally dispute the collection actions. This gives you additional procedural protections while your case gets sorted out. The key is being proactive rather than assuming the transfer request alone will stop all collection activity. I'd also recommend calling the IRS (or using that Claimyr service someone mentioned) to confirm your case transfer status if it's been more than 30 days since your request. Sometimes cases get stuck in the handoff process and a simple follow-up call can get things moving again.
I've been through this exact situation with $62k in tax debt that went to CBE Group. Here's my take after dealing with both sides: The main advantage of getting it back to the IRS is access to programs like Currently Not Collectible status if you're facing genuine financial hardship. CBE Group literally cannot put your account into CNC status - they can only offer payment plans or temporary delays. However, timing matters. If you're ready to move quickly on an Offer in Compromise or have all your financial documentation ready for a hardship determination, then request the transfer immediately. But if you're still getting your finances organized, the collection agency might actually buy you time since they tend to be less aggressive than IRS revenue officers. One tip that helped me: when you request the transfer back to the IRS, include a brief statement about what type of resolution you're seeking (installment agreement, OIC, hardship status, etc.). This can help prioritize how your case gets assigned once it's back with them. The whole process took about 8 weeks for me, but I ended up qualifying for a partial payment installment agreement that reduced my monthly payment by almost half compared to what CBE was demanding.
This is really valuable insight about the Currently Not Collectible status - I had no idea that was even an option! Quick question: when you mention including a statement about what resolution you're seeking, do you just write that in your transfer request letter, or is there a specific form or process for that? I'm in a similar financial situation and think I might qualify for CNC status, but I want to make sure I handle the transfer request properly to avoid any delays in getting the right person assigned to my case.
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Does anyone know if capital loss carryovers expire? I have losses from 2008 that I've been carrying forward for years (had a really bad time in the market crash). Am I supposed to use them by a certain date?
Nope, they don't expire! That's the good news about capital loss carryovers - you can keep carrying them forward indefinitely until they're used up. I've been carrying forward some losses from 2008 too (wasn't that a fun year? 😭). Just make sure you're tracking them correctly each year. The IRS expects you to use them in the proper order, first offsetting capital gains of the same type (short-term losses against short-term gains, long-term against long-term), then offsetting the other type, then up to $3000 against ordinary income, with any remainder carrying forward again.
This is exactly the kind of situation where perfect shouldn't be the enemy of good! As others have mentioned, a $50 error that doesn't change your tax liability is really minor in the grand scheme of things. I'd recommend keeping detailed records of what you discovered and when you discovered it. Write down the correct numbers and file them with your tax documents. Then when you do your 2023 return, just use the correct carryover amount (including that extra $50 loss). One thing I haven't seen mentioned yet - if you're using tax software for 2023, many programs will actually ask you to verify your capital loss carryover amount and may even flag if the number seems inconsistent with what they expect. This gives you a perfect opportunity to enter the correct amount with documentation of why it differs from your 2022 filing. The IRS really does focus on material errors that affect tax liability. A $50 capital loss correction when you were already at the $3000 limit just isn't going to be on their radar. Save yourself the headache of an amended return and handle it going forward - you'll sleep just fine!
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You're absolutely right about the confusion between §6046 and §958 - I went through this exact same issue last year. The key insight that helped me was understanding that these serve completely different purposes in the Form 5471 process. §6046 attribution rules (including sibling attribution) determine WHETHER you need to file as a Category 3 filer. But once you've established that filing requirement, you switch to §958 rules for completing the actual form content. For your Line C reporting, since you only own 6% directly and your brother's 51% isn't attributed to you under §958 (no sibling attribution), you'd report just your 6% ownership. This same principle applies throughout most of the schedules. The apparent inconsistency you noticed is intentional - the IRS uses broader attribution rules to cast a wide net for filing requirements, but then uses narrower economic ownership rules for the actual reporting. It's confusing but makes sense once you understand the distinction. One thing to double-check: make sure you're not also a Category 5 filer, though with only 6% direct ownership and no §958 attribution from your brother, you should be under the 10% threshold.
This is exactly the clarity I needed! Thank you for breaking down the distinction so clearly. I was getting caught up thinking there had to be one consistent set of rules throughout the entire process, but understanding that §6046 is for WHO files and §958 is for WHAT gets reported makes perfect sense. You're right about Category 5 - with only 6% direct ownership and no sibling attribution under §958, I'm definitely under the 10% threshold. I appreciate you mentioning that double-check since it's easy to overlook when you're focused on the Category 3 requirements. The "wide net for filing, narrow rules for reporting" explanation really helps contextualize why the IRS structured it this way. It ensures they capture all the situations where there might be significant influence or control (through broader family attribution) but then reports the actual economic ownership reality.
This is a really helpful discussion! I've been dealing with a similar situation where I own 8% of a foreign corporation and my sister owns 45%. Reading through all these responses, I finally understand the key distinction that was confusing me too. Just to confirm my understanding: I use §6046 attribution rules to determine I'm a Category 3 filer (because my sister's ownership gets attributed to me, putting me over the threshold), but then when I actually fill out Form 5471 and its schedules, I use §958 rules which don't include sibling attribution. So on Line C, I'd only report my direct 8% ownership. One follow-up question - does this same logic apply to Schedule M (Foreign Corporation's Current and Accumulated Earnings and Profits)? I'm assuming yes, but want to make sure there aren't any special exceptions for that particular schedule that would require me to go back to §6046 attribution rules. The penalties for getting Form 5471 wrong are steep enough that I want to be absolutely certain before filing. Thanks everyone for sharing your experiences and clarifications!
Yes, you've got the logic exactly right! You use §6046 attribution to establish your Category 3 filing requirement (sister's 45% gets attributed to you), but then switch to §958 rules for completing the actual form content, including Line C where you'd report just your direct 8%. For Schedule M specifically, you're correct that the same logic applies. Schedule M uses §958 attribution rules for determining ownership percentages when calculating your share of earnings and profits. This maintains consistency with the rest of the form's reporting approach. The key thing to remember is that once you've established your filing obligation using §6046, pretty much everything on the actual form and schedules follows §958 rules unless specifically noted otherwise in the instructions. I haven't encountered any exceptions for Schedule M that would require reverting back to §6046 attribution. Given the steep penalties you mentioned, it might be worth having a CPA with international tax experience review your completed form before filing, especially since this is such a commonly misunderstood area of the tax code.
Chloe Martin
Your tax preparer might have checked the wrong box for marketplace coverage. Happened to me last year ngl
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CosmicCaptain
•I did my own taxes on turbotax... def didnt check that box
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Keisha Taylor
Have you tried checking your credit reports? Sometimes identity theft can cause erroneous 1095-A forms to be filed under your SSN. Also, for the dependent SSN issue - make sure you're using the exact format the IRS has on file. Even extra spaces or hyphens can cause rejections. You might want to call the Taxpayer Advocate Service at 877-777-4778 if the regular IRS lines aren't helpful.
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