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One thing to check is if your state offers a "first time abatement" policy like the IRS does. Some states will waive penalties (but not interest) if you've had a good filing and payment history in the past and this is your first time missing a deadline. You usually have to call and specifically request it though.
I didn't know about first time abatement for state taxes! Do you know which states offer this? I've always filed and paid on time before this year.
Not all states offer it, but quite a few do. California, Illinois, Massachusetts, and New York are some of the larger states that have some version of penalty abatement for first-time issues. Some call it "reasonable cause" relief rather than first-time abatement. The key is to request it explicitly - they almost never offer it automatically. You typically need to have a clean compliance history for the past 3-4 years to qualify. The requirements vary by state, but it's definitely worth asking about when you call to set up your payment plan.
Has anyone dealt with making a partial payment by the deadline? I'm thinking about paying what I can by April 15th and then the rest when I get my next paycheck at the end of the month. Will I still get hit with penalties on the full amount?
I did this last year. The penalties and interest only apply to the unpaid portion. So if you owe $1000 and pay $700 by the deadline, you'll only be charged penalties on the remaining $300. Definitely better than paying nothing by the deadline!
I'm a retired banking officer and have worked with clients on this exact situation many times. One thing no one has mentioned yet - if this gift is going directly to the mortgage company or seller as part of the closing process, there might be additional documentation needed for the mortgage company too. They'll typically want a "gift letter" certifying that the money is truly a gift and not a loan that would affect your daughter's debt-to-income ratio. Make sure you're prepared to provide this documentation to avoid delays in closing. Also, while everyone is correct that exceeding the annual exclusion requires filing Form 709, I've seen many clients confused about the splitting requirement. If you're married and want to give $36,000 as a couple (using both your exclusions), you must file Form 709 to formally elect gift-splitting, even if you don't exceed the combined amount.
Wait, I thought you only needed to file Form 709 if you exceed the annual exclusion? My husband and I gave our son $35,000 last year for his wedding and we didn't file anything. Did we mess up?
You're partially correct. If the total gift from both of you was $35,000 and you each contributed from your separate accounts (or you're in a community property state), then each of you gave less than the $18,000 individual annual exclusion, so no Form 709 would be required. However, if one spouse provided all the funds but you want to consider it as coming from both of you (to use both exemptions), then yes, you would need to file Form 709 to elect gift-splitting. This is a common misunderstanding. If the money came from a joint account or primarily from one spouse, you should technically file to properly split the gift. If you each wrote separate checks under the individual exclusion amount, you're likely fine.
Has anyone used TurboTax or similar software to file Form 709? We're in a similar situation to the original poster (gifting $45k to our son) and wondering if the standard tax software handles gift tax returns well, or if we should go to a professional?
I used TurboTax to file Form 709 last year and it was... not great. The gift tax portion feels like an afterthought in the software. It technically works, but the guidance was minimal and I wasn't confident I was doing it right, especially for the gift splitting election. If you're comfortable with tax forms and have a straightforward situation, it might be fine. But I ended up consulting with a tax pro anyway after attempting it myself, so I probably should have just started there and saved the headache.
Something else to consider - if you're worried about taxes on your savings, you might want to look into a Roth IRA! I put most of my savings there instead of a regular bank account. The growth is tax free when you withdraw it in retirement. You can still take out your contributions anytime without penalty if you need them for an emergency. Way better than a savings account for long term!
Thanks, that's really good to know! Can I just move my existing savings directly into a Roth IRA? And do banks offer these or do I need to go somewhere special?
You can definitely move your savings into a Roth IRA, but there are annual contribution limits ($6,000 for 2025 if you're under 50). Your regular bank might offer them, but typically people open them with investment companies like Vanguard, Fidelity, or Charles Schwab. The advantage is that in a Roth IRA, you can invest in things that potentially grow much faster than a savings account - like index funds that might return 7-10% annually compared to the 1-2% you'd get from a high-yield savings account. Just remember that while you can withdraw contributions anytime, you generally can't touch the earnings until retirement age without penalties.
Quick tip: look into high yield savings accounts or money market accounts! I just switched from my regular bank (was paying like 0.01%) to an online bank paying 4.5% APY. Yeah you'll pay a bit more in taxes because you're earning more interest, but you'll still come out way ahead overall.
Any specific recommendations for good high yield accounts? I hear ads for them all the time but not sure which ones are legit.
One thing nobody's mentioned - you could potentially request an abatement of penalties (but not the actual tax or interest) using Form 843, especially if this is your first time making this kind of mistake. The IRS sometimes grants "first-time abatement" for penalties if you have a clean compliance history for the previous 3 years. Won't help with the full amount, but could save you some money on the penalties portion of what you owe.
Thanks for this info! Do I need to wait until I've paid everything off before requesting the penalty abatement? And is there a specific timeframe I need to submit the form within?
You don't need to wait until everything is paid off to request penalty abatement. You can submit Form 843 after the penalties have been assessed, which typically happens after you file your return. There's generally a 3-year timeframe for requesting abatement, starting from when you filed the return or paid the tax, whichever is later. So you have some time, but I wouldn't procrastinate. It's usually best to set up your payment plan first and then submit the abatement request afterward.
From one exempt-checker to another... defintely adjust your withholding AGAIN. $3,100 monthly is way too much even if you owed $14k last year. Your basically giving IRS free money all year. Use the IRS withholding calculator online, its actually pretty good for figuring out the right amount.
Dylan Mitchell
Don't forget to check if your state taxes inherited annuities differently from the federal government! I'm in California and got surprised with state taxes on an inherited annuity that were calculated differently than the federal taxes. Each state has its own rules about inherited retirement accounts and annuities.
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Sofia Gutierrez
ā¢Good point about state taxes. Do you know which states are better or worse for inherited annuity taxes? I'm in Texas and wondering if I should expect any state-specific issues.
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Dylan Mitchell
ā¢Texas is actually one of the better states for this situation since they don't have a state income tax. You'll only need to worry about the federal tax implications of your inherited annuity. States like California, New York, and New Jersey tend to be more complicated because they not only have state income tax on the taxable portion but sometimes have different rules than the federal government about how much of the annuity is considered taxable.
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Dmitry Petrov
Quick question - do inherited annuities trigger the 10% early withdrawal penalty if I'm under 59 1/2? I inherited one from my dad last year and I'm only 42.
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Zoe Kyriakidou
ā¢Good news - the 10% early withdrawal penalty generally doesn't apply to inherited annuities, even if you're under 59 1/2. This is one of the exceptions in the tax code specifically for death benefits. You'll still owe regular income tax on the taxable portion, but you escape the penalty that would normally apply to early withdrawals.
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