Thanks for sharing your experience! That's really helpful. Did you respond directly to the auditor or did you have to send something to a different department? And did you use any specific IRS forms for your response?

I responded directly to the auditor using the response form they provided with the audit notice. The key was including copies of all my W2s and highlighting the withholding amounts on each one. I didn't use any special IRS forms - just a clear cover letter explaining that I agreed with their finding of additional tax owed, but disagreed with the penalty calculation because it didn't account for withholdings already paid. I specifically requested that they revise the penalties to reflect only the actual unpaid amount. The formal tone seemed to help get it processed correctly the first time.

Is there a time limit on requesting penalty abatement? I think I might be in a similar situation from last year but already paid everything they asked for.

I never even thought about asking for a tax distribution! My brother is the managing partner, so maybe he'd be open to this. Do you know if there are any specific terms or language I should use when asking about this? And did you have to show any specific documentation to support your request?

Just be straightforward and show him your tax projection from your accountant that displays the difference between your distributed income and your taxable income from the K-1. The term you want to use is "tax distribution" - it's a common concept in partnership agreements. I showed my managing partner a simple spreadsheet showing my K-1 income, my tax bracket, and the resulting tax liability compared to my actual distributions. Many partnership agreements actually require tax distributions specifically to avoid this situation, so check your agreement too.

This is really good advice. My CPA initially filed my return without properly completing Form 8582, and I got hit with a huge unexpected tax bill. When I got a second opinion, the new accountant refiled using activity grouping and saved me thousands.

Thanks for this info! I did take the distribution in February 2023, which was before my filing deadline for 2022 taxes. But I'm confused about reporting the earnings - my 1099R doesn't break out what portion was earnings vs. principal. Does this mean I need to amend my 2022 return now to report those earnings? Or can I handle everything on my 2023 return?

Since you took the distribution before your 2022 filing deadline, you should definitely avoid the 6% excise tax, which is good news. For the earnings portion, yes, technically those earnings should be reported on your 2022 tax return, which would mean filing an amendment if you've already filed for 2022. You'll need to contact Vanguard to get the breakdown of principal vs. earnings from that distribution. Ask specifically for the "net income attributable" or NIA related to the excess contribution amount. This might not be reflected correctly on your 1099-R if the distribution wasn't properly coded.

I've never heard of this self-certification procedure. Does it apply to 401k contribution corrections too or just IRAs? I overcontributed to both last year and am trying to sort through the mess.

That's super helpful, thanks! Is it difficult to set up the IRS online account? I've heard horror stories about identity verification issues.

The IRS account setup is hit or miss. Make sure you have your phone in hand (they text a verification code) and a credit card or loan account number for additional verification. Most people get through fine, but about 30% of users hit snags with identity verification. If online verification fails, you'll need to either schedule a video interview or visit a local IRS office in person. The video option is much faster - usually within a week versus potentially months for an in-person appointment.

I filed 3 years at once back in 2023 and didn't get audited. But I made sure everything was accurate and had documentation for all my deductions just in case. From what I understand, simply filing back taxes doesn't automatically trigger an audit - it's more about what's IN those returns (unusual deductions, major discrepancies, etc).

As I understand it, if the injunction is eventually overturned and the BOI requirements are upheld, FinCEN would likely establish new compliance deadlines rather than trying to enforce the original ones retroactively. It would be pretty unreasonable to penalize businesses for non-compliance during a period when a court order explicitly stated they didn't have to comply. The penalties are indeed significant - civil penalties of $500 per day for violations, plus potential criminal penalties including imprisonment for willful violations. But these would only apply to violations of whatever new deadlines might be established if the CTA is ultimately upheld.

That makes sense, thanks for the clarification! I was worried we might get caught in some kind of legal trap if we don't file now but then the requirements come back later. I'll just keep our information ready but hold off on filing until there's more clarity.

I think your accountant is being overly cautious. While FinCEN's system remains operational and you technically *can* still file, there's no legal requirement to do so while the injunction is in effect. There's no penalty for not filing right now. Unless you have some very specific business reason for wanting your beneficial ownership information on file with the government during this period of uncertainty, I'd recommend waiting to see how the legal situation resolves. Just keep your information organized so you're ready if/when the requirement comes back.