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Another option to consider is to reach out to the crypto exchange again but escalate beyond the basic support. Look for their tax support team specifically - sometimes they have dedicated staff for tax issues that can help with corrections. I had success last year with getting BlockTrade to issue a corrected 1099 after I provided transaction evidence showing their report was wrong. It took about 3 weeks and several follow-ups, but they eventually fixed it, which saved me from having to explain discrepancies to the IRS.
Did you have to provide a lot of documentation to get them to issue the corrected form? My exchange seems completely unwilling to even look at the problems.
I had to be pretty persistent and provide very specific evidence. For each transaction they had wrong, I included screenshots from my wallet showing the actual transactions with timestamps and transaction IDs. I also had to escalate beyond the first-level support to their specialized tax team. The key was being extremely organized and specific - I created a spreadsheet showing exactly what was incorrect on the 1099 versus what actually happened, with links to blockchain evidence. Don't just say "there are errors" - show exactly what's wrong with proof. And don't give up after the first automated response!
Has anyone used one of those crypto tax software programs like CoinTracker or Koinly for this kind of situation? I'm wondering if they help reconcile these reporting differences or if they just import whatever the exchanges say.
I used CoinTracker last year and it was hit or miss. It's good for organizing transactions but doesn't really "solve" the problem of incorrect 1099s. You still have to manually identify and fix discrepancies, which can be super time consuming if you have lots of transactions.
Thanks for sharing your experience. Sounds like these tools help organize things but don't solve the core issue of exchange reporting errors. I was hoping there might be a simpler solution than manually reconciling everything.
Have you considered talking to your attorney about structuring the settlement specifically to minimize tax implications? I learned the hard way that how the settlement agreement is worded makes ALL the difference in how it's taxed. Make sure they specify what portions are for: - Recovery of basis in the property (not taxable) - Emotional distress (partially taxable) - Punitive damages (fully taxable) - Reimbursement for repairs (potentially not taxable) Don't let your attorney just accept a general settlement without specifying these breakdowns!
Thanks for this! Did you have to specifically ask your attorney to break it down this way? My lawyer seems focused only on getting the highest dollar amount and doesn't seem to understand or care about the tax implications.
Yes, I had to specifically ask - actually, I had to insist on it. Most attorneys are focused solely on the gross settlement amount rather than your net after taxes. I ended up printing out IRS Publication 4345 "Settlements ā Taxability" and bringing it to my attorney to show him exactly what I needed. Even if your attorney isn't knowledgeable about tax implications, you can request that the settlement agreement specifically allocate amounts to different categories. For example, you want as much as possible categorized as "compensation for diminution in property value due to undisclosed defects" rather than "damages for fraud." The former is more likely to be treated as a reduction to basis while the latter might be considered ordinary income. Don't be afraid to push back - this is your money and your tax situation!
Would a deduction for casualty losses apply here? I thought those were eliminated for everything except federally declared disasters?
You're right that the Tax Cuts and Jobs Act severely limited casualty loss deductions for tax years 2018-2025. For non-business casualties, they're only deductible if they result from a federally declared disaster. This is why structuring the settlement properly is so important. What you can't claim as a casualty loss might still be handled favorably if properly categorized as a recovery of capital or reduction in basis. However, fraud victims specifically have had a tough time under current tax law since the casualty loss limitations went into effect.
Here's a simple breakdown of what qualifies as self-employment income vs hobby: - Self-employment: You do it regularly, keep business records, depend on the income, work at it consistently, have expertise in it, make changes to increase profitability - Hobby: You do it irregularly, don't really need the money from it, do it mainly for fun, don't spend much time on it If you have a hobby, you still report the income but don't pay self-employment tax and can't deduct losses. With $8700, chances are its self-employment. Most of my "hobby" friends who started making real money had to switch to treating it as a business after they crossed about $2000 in annual income.
Does having a separate bank account matter for proving it's a business? I just use my personal checking for everything.
Having a separate bank account isn't required but it's extremely helpful for proving business intent. It shows you're treating the activity professionally and makes tracking income and expenses much easier. It's one of the factors the IRS considers when determining if something is a business vs. hobby. Other factors include business cards, a business name, proper recordkeeping, and marketing efforts. The more business-like behaviors you demonstrate, the stronger your case for self-employment treatment.
Don't forget that if your net self-employment income is over $400, you need to make estimated quarterly tax payments throughout the year! I learned this the hard way and got hit with penalties my first year.
Here's another point of confusion that might explain what happened with your TurboTax expert: Sometimes people who are eligible can make BOTH 401k and traditional IRA contributions in the same year. Maybe the tax expert was trying to ask if you had made any traditional IRA contributions IN ADDITION TO your 401k contributions? For 2024, you can contribute to both types of accounts, but whether your traditional IRA contribution is deductible depends on your income level and whether you're covered by a workplace plan like a 401k.
That's an interesting thought! Maybe there was just a communication breakdown. I was so focused on my 401k contributions that I might have misunderstood if she was asking about separate IRA contributions. Is it worth going back to TurboTax and clarifying this with a different expert?
Absolutely worth clarifying with a different TurboTax expert. Ask specifically about the deductibility of traditional IRA contributions when you already participate in a 401k plan. The rules get complicated based on your income level and filing status. For context, if you're single and covered by a workplace retirement plan, your ability to deduct traditional IRA contributions starts phasing out at an income of $77,000 and disappears completely at $87,000 (for 2024). The ranges are different if you're married or if only one spouse has a workplace plan. But regardless, 401k and IRA contributions are always reported separately - they're never the same thing.
This is definitely a common confusion! I work at a financial services firm and get this question all the time. To be super clear: 1) 401k = employer-sponsored plan with $23,000 contribution limit for 2024 (under age 50) 2) Traditional IRA = individual retirement account with $7,000 limit for 2024 (under age 50) These are SEPARATE accounts with different limits. You report them differently on your taxes and they appear on different forms.
What about a SIMPLE IRA? Those are employer-sponsored but have "IRA" in the name. Could that be what the TurboTax person was confusing?
Marcus Williams
Has anyone considered just bringing ERC preparation in-house? We hesitated initially, but ended up creating an ERC division with dedicated staff. The learning curve was steep for the first 2-3 months, but now it's a significant revenue stream (we charge 12% contingency).
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Lily Young
ā¢What kind of resources did you need to dedicate to get this off the ground? We've thought about it but worried about the compliance risks given how the IRS is scrutinizing these claims.
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Marcus Williams
ā¢We started with one full-time CPA who spent about 8 weeks becoming our in-house expert (lots of CPE, IRS notice reading, and conference attendance). Then added a dedicated admin person for documentation collection and organization. The compliance risk is manageable if you're conservative and thorough with documentation. We built a 27-point checklist that every claim must satisfy before filing. It took about $30K in startup costs (mostly training and building templates/processes), but we've generated over $400K in fees since starting 14 months ago.
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Kennedy Morrison
Be very careful with ERC partners right now. The IRS has been cracking down hard on fraudulent claims. We partnered with a firm that seemed legit but had 3 client claims rejected and now those clients are facing penalties. Totally damaged our reputation with them. If you do partner with someone, get EVERYTHING in writing about who bears responsibility if a claim is rejected. Most of these ERC shops have fine print that puts all the risk on you and your client while they keep their fees.
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Wesley Hallow
ā¢This is so important. We had a similar disaster with an ERC firm that disappeared when the audits started coming in. What red flags should people watch for when vetting these firms?
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