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Ask the community...

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GalaxyGlider

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One thing to consider - check if you closed out ALL positions before the year ended. If you rebought some positions in December that triggered wash sales but didn't sell them again before year end, those disallowed losses get carried over to the next year as part of your basis. I had a similar issue ($18K in wash sales) and found out I was holding positions on December 31st that had disallowed losses attached to them. A CPA probably can't help much with the current year taxes, but they might help you track which losses are deferred to next year. Also, were you trading in multiple accounts? That's another common way people get surprised by wash sales - selling at a loss in one account while buying in another (like a retirement account) within 30 days.

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Yara Sabbagh

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I think that's exactly what happened actually. I sold a bunch of stuff at a loss in early December, then bought back similar positions a couple weeks later thinking I'd start fresh in the new year. Never sold those December purchases so I'm guessing those losses are basically stuck in the cost basis now?

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GalaxyGlider

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Yes, that's exactly what happened. The losses from your early December sales got disallowed when you repurchased similar positions a couple weeks later. Since you didn't sell those new positions before year-end, the disallowed losses are now part of your cost basis in those new positions. Those losses aren't gone - they're essentially deferred until you sell those positions (without repurchasing again within 30 days). So when you eventually sell those positions in the current year, you'll recognize those losses on next year's tax return. Unfortunately, this doesn't help your immediate tax situation, but at least the tax benefit isn't permanently lost.

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Have you thought about trying to sell some assets at a gain to balance out some of your income now? Might offset some of the tax hit.

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That doesn't make sense for this tax year. OP already got their 1099 which means it's for 2024 taxes. Can't retroactively create gains or losses for a tax year that's already closed.

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Make sure you keep EVERYTHING related to this repayment! If you get audited (and unusual credits like this can sometimes trigger reviews), you want solid documentation. Save: - Email correspondence about the repayment - Bank statements showing the transfer - Any written agreements about the bonus repayment terms - Your original employment contract with the bonus terms I learned this the hard way when I had to repay some income and got audited two years later. Was a nightmare trying to find all the documentation.

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LunarLegend

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Thanks for the advice on documentation! I've got the bank transfer statement and some emails from HR acknowledging the repayment. Should I also create my own written statement explaining the timeline and circumstances? I'm worried since they didn't issue a corrected W2.

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Yes, definitely create your own written statement with the timeline and all details! Include dates, amounts, names of who you communicated with at the company, and explain why no corrected W2 was issued. The more thorough your documentation, the better. I'd also recommend printing out copies of the relevant tax code sections (IRC 1341) to include with your records. Having this level of documentation shows you did your due diligence if questions ever come up. And keep everything for at least 7 years - the IRS can go back that far in certain cases.

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Just want to add one more thing - double check if your state taxes need similar treatment! I had a repayment situation last year and completely forgot to handle the state tax portion. Had to file an amended state return which was a whole separate headache.

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Zara Mirza

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Good point! California has its own specific rules about this that are slightly different from federal. Check your state's tax department website for guidance.

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Sean Kelly

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One thing nobody mentioned - check your transcript if you can access it online! The WMR tool is notoriously unreliable especially for PATH Act returns. My transcript showed codes 571/570 followed by 571/768/766 days before WMR updated. My DDD ended up being the cycle date + 6 days even though WMR still said processing.

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Zara Malik

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Those transcript codes are so confusing tho. What do all those numbers even mean?

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Luca Greco

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My theory is the IRS intentionally gives vague info about PATH Act refunds to prevent people from calling all at once. I've gotten EITC for 5 years straight and every year is different. Last year my refund hit my acct on Feb 24th, the year before it was March 10th. Both times I filed in January. šŸ¤·ā€ā™€ļø Just have to be patient even though it sucks when you need the money.

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Diego Flores

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Someone I know tried the IRA-LLC structure for a different business (not blogging) and ran into major issues. The Self-Directed IRA custodian charged insane fees, and when the business generated over $1,000 in UBTI, they had to file Form 990-T which was a nightmare without professional help. Plus, their IRA had to pay the business fairly if they wanted to be involved personally. They ended up paying themselves a "fair market salary" from the IRA-owned LLC, which means that money was essentially taxed anyway (defeating some of the purpose), plus they had extra compliance costs. For a blog specifically, seems like WAY more headache than benefit unless you're planning to generate massive profits without personal involvement.

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Did your friend have to completely dissolve the LLC eventually or were they able to make it work? I'm trying to understand if this is simply complex but doable vs actually impractical for most people.

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Diego Flores

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They didn't dissolve it, but they had to restructure everything. They created a management company outside the IRA that handled all operations, then the IRA-LLC just became a passive investor in certain aspects of the business. Made the whole setup way more complicated and expensive than just running a regular business. The fees were also eye-opening - about $1,500 in annual custodian fees, plus tax preparation costs for the LLC itself and Form 990-T filings. For a blog, unless you're making serious money (like $50k+ annually), the compliance and administrative costs would probably eat most of your profits.

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Just to add another consideration - what about SEO expenses and content creation costs? If the blog is in your IRA, you can't personally pay for things like hosting, domain registration, SEO tools, etc. All expenses MUST come from IRA funds. And if your blog needs capital for growth (better design, hiring writers, marketing), you're limited to what's in your IRA. You can't just add personal funds whenever needed without doing a formal IRA contribution (with all the normal limits).

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Zara Mirza

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That's such a good point. I didn't even think about the practical aspects of running the business. Would using personal credit cards for blog expenses count as a prohibited transaction too?

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Aisha Ali

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Don't forget that the wash sale rule can seriously mess with your "simple" profit and loss calculation. If you sell a security at a loss and buy the same or "substantially identical" security within 30 days before or after the sale, you can't immediately claim that loss for tax purposes. I learned this the hard way last year trading tech stocks. Thought I had a $15k net loss only to discover that most of my losses were disallowed because I kept jumping in and out of the same stocks. The losses didn't disappear forever, but they got added to the cost basis of my replacement shares instead of offsetting my gains.

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AstroAlpha

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Thank you so much for pointing this out! I didn't even consider wash sales. Looking at my trading pattern, I definitely bought back into some positions within that 30-day window after selling at a loss. Does the wash sale rule apply across different brokerage accounts too? Like if I sell at a loss on Fidelity and then buy the same stock on Robinhood within 30 days?

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Aisha Ali

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Yes, the wash sale rule absolutely applies across different brokerage accounts. The IRS doesn't care which platform you use - if you sell at a loss on Fidelity and buy the same stock on Robinhood within that 30-day window, it's still a wash sale. This is actually one of the biggest traps for traders who use multiple platforms. Your individual brokers won't know about trades you make elsewhere, so their reporting might not flag wash sales that actually exist when you look at all your accounts together. This is why tax software that can consolidate all your trading activity is valuable - it can identify wash sales that individual brokers miss.

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Ethan Moore

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Another thing to consider is that if trading is your actual job/business rather than just investing, the tax treatment can be completely different. If you qualify as a "trader" in the eyes of the IRS (which has specific requirements about frequency, volume, and intent), you might be eligible for "trader tax status" and could potentially elect the Section 475 mark-to-market accounting method. This would treat all your trades as ordinary income/loss rather than capital gains/losses, bypassing the $3,000 capital loss limitation and wash sale rules. But this is a serious election with major implications and specific deadlines.

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How much trading do you have to do to qualify as a "trader" vs just an "investor"? I probably make like 5-10 trades a week, not sure if that's enough.

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