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This has unfortunately happened to me before! One thing nobody mentioned - file a complaint with your state's CPA board if your accountant is a CPA. They take this stuff very seriously. I got all my money back AND my documents after filing a complaint. The board contacted him and suddenly he was very responsive! Also check if your preparer has a PTIN (Preparer Tax Identification Number). If so, you can file a complaint with the IRS using Form 14157 (Complaint: Tax Return Preparer). The IRS won't help with getting your money back, but they can take disciplinary action.

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That's really helpful information! I just checked his business card and he does have a CPA license number listed. Do you remember how long the complaint process took before you got a response? I'm worried about the timing with the deadline so close.

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The complaint process took about 10 days before I heard anything, but things moved quickly after that. He contacted me within 24 hours of the board reaching out to him. Since you're so close to the deadline, I'd recommend proceeding with the extension filing and document retrieval processes others suggested while simultaneously filing the complaint. It's worth mentioning that just the threat of a complaint sometimes works - send an email stating you'll be filing a complaint with the state board in 48 hours if he doesn't respond, and copy the email address of your state's CPA board. That alone worked for a friend of mine in a similar situation.

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Sophia Long

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Has anyone suggested just going to his office in person? Sometimes the direct approach works best. I had a similar situation and turns out my accountant had been hospitalized (I felt terrible). His office staff was completely overwhelmed and dropping the ball on client communications.

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This is honestly great advice. Sometimes there's a simple explanation. My "ghosting" preparer last year had actually died suddenly, and the firm was in chaos trying to handle everything. They were grateful when I showed up because they were trying to figure out how to contact everyone.

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Has anyone actually received a penalty for filing incorrect 1099s? I'm in a similar situation but wondering if it's even worth the hassle to amend them. Mine were only off by about $200 each for three contractors.

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Amina Toure

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Yes! Don't ignore it! I didn't correct some 1099s two years ago (was off by around $500 total) and got hit with a $270 penalty ($50 per form) for "intentional disregard" of filing requirements. Plus one of my contractors got a notice from the IRS because what I reported didn't match his return. Huge headache that could have been avoided.

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Thanks for the warning! I had no idea they would actually follow up on relatively small amounts. Guess I better get those amendments filed ASAP. Did you have to pay any additional interest or just the penalty amount?

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Oliver Weber

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One thing nobody mentioned - if you're amending 1099s because you OVERPAID (reported higher amounts than actually paid), make sure your contractors know ASAP. If they already filed their taxes reporting the higher amount, they'll need to file an amended return too. Otherwise they'll end up paying taxes on money they never received!

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This happened to me as a contractor! My client issued a corrected 1099 reducing my income by $3k but didn't tell me. I had already filed and paid taxes on the higher amount. Found out months later and had to file an amended return to get my money back. Would have been nice to know immediately!

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StormChaser

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This is actually exactly what happened - I included some expense reimbursements in their 1099 totals that shouldn't have been counted as income. I'll definitely let them know right away so they don't overpay on their taxes. I really appreciate everyone's advice here. I'm going to start with the corrected forms and make sure I check the "CORRECTED" box, then send copies to my contractors with an explanation. I'll also look into the resources suggested to make sure I get the state filing requirements right too.

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Nia Harris

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This happens more than you'd think! I'm a property manager and see this all the time with family properties. You need to file Form 8275 "Disclosure Statement" with your tax return to disclose this situation to the IRS. This will help protect you from penalties if the rental income hasn't been properly reported. Also get a Quitclaim deed to transfer the property back to your mom or to sell it - having property in your name that you don't control is a liability nightmare.

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Omar Farouk

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Thanks for this advice! So with the Form 8275, would I need to file this for just the current year or for previous years too? I have no idea how long this property has been in my name.

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Nia Harris

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You would ideally file the Form 8275 with an amended return for each year the property was in your name and generating income that wasn't reported on your tax return. However, the IRS generally only looks back 3 years for audits (6 years in cases of substantial underreporting), so many tax professionals focus on those years. For the Quitclaim deed, you'll need your mother's cooperation, but it's a relatively simple document that transfers your interest in the property back to her. This would at least stop the ongoing liability issue, even if you still need to address past years.

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Honestly your mom committed tax fraud if she's been collecting rent on property in your name but reporting it as her income. You should check your credit report too because sometimes people who put properties in others' names also take out loans. Document everything and consider consulting with a tax attorney before taking any action - you don't want to accidentally implicate yourself in tax evasion.

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Aisha Ali

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This! And check with the county to see if there are any liens or property tax issues too. My cousin's ex put a property in her name without telling her and then didn't pay property taxes for years. She found out when she went to buy a car and got denied for a loan because of the tax lien.

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Another option is to contact the Taxpayer Advocate Service. They're an independent organization within the IRS that helps taxpayers resolve problems. I had an issue with an HSA distribution that was similar to yours and they were super helpful when I couldn't get through to regular IRS channels. Their number is 877-777-4778. You'll need to explain that you have an urgent deadline (2 days qualifies as urgent). Be prepared to verify your identity and provide details about the notice you received.

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Has anyone used the Taxpayer Advocate Service for HSA distribution issues specifically? Just wondering if they're familiar with these types of cases or if I should try the other options first given my tight deadline.

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The Taxpayer Advocate Service handles all types of tax issues, including HSA distributions. They're especially helpful when you have a deadline approaching and haven't been able to resolve the issue through normal IRS channels. When I used them for my HSA issue, they were very familiar with the documentation requirements and actually helped me understand exactly what I needed to prove qualified medical expenses. The key with your tight deadline is to call them immediately and emphasize the urgency. They can often place a hold on your account while your case is being reviewed.

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Carmen Vega

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Might be too late, but another route is visiting a local IRS office in person. You can schedule an appointment through the IRS website. I know it's not ideal with just 2 days left, but sometimes they have same-day or next-day appointments available if you check early in the morning.

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I tried this approach last year. Just a heads up that appointments at local IRS offices are often booked out weeks in advance. With only 2 days left, this probably won't work unless you get super lucky with a cancellation.

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Just wanted to add that you might want to look into setting up a 529 plan instead of a custodial account. Depending on what the money is for, a 529 might be more tax-advantaged. The growth isn't taxed if used for qualified education expenses, which means you wouldn't have to worry about the gift tax implications of paying those taxes.

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Chloe Martin

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Thanks for the suggestion! I've actually considered a 529, but I want to give my daughter more flexibility with the funds in case she doesn't go to college or has other goals. Does the 529 have to be used for education, or can it be used for other things too?

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A 529 plan is primarily designed for educational expenses. If the funds are used for qualified education expenses (tuition, books, room and board, etc.), the earnings are completely tax-free. If the money is used for non-educational purposes, you'll pay income tax on the earnings plus a 10% penalty. However, there are exceptions to the penalty in certain situations, like if your child gets a scholarship. Also, recent changes allow using up to $10,000 from a 529 to repay student loans, and you can now roll some unused 529 funds into a Roth IRA. So there's a bit more flexibility than there used to be, but definitely less than a custodial account.

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This might be a dumb question but why not just contribute a little less to the custodial account (like $34K instead of $36K) and earmark that remaining money for potential tax payments? That way you're still under the annual gift tax limit and don't have to worry about the additional gift issue.

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Ethan Wilson

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Not a dumb question at all - that's actually what my financial advisor suggested when I was in a similar situation! Just calculate approximately what the tax liability might be and reduce the gift by that amount. Keeps everything clean and simple.

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