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I'm really sorry you're dealing with this situation - it's incredibly frustrating when you're the victim of theft and still have to navigate all these tax complications. Based on what others have shared here, it sounds like you'll need to take a multi-step approach: report the HSA distribution on Form 8889, file Form 4684 for the theft loss, and include detailed documentation with your return. The key thing seems to be having that police report and court documentation to prove it was actually theft. One thing I'd suggest is keeping meticulous records of all your legal expenses related to recovering this money too - some of those might be deductible as well. And definitely include a clear statement with your return explaining the situation so the IRS understands why you're claiming the theft loss. It's awful that the HSA company isn't being more helpful, but unfortunately that seems pretty common in domestic situations. At least you're taking all the right steps legally. Hang in there - hopefully the court proceedings will resolve in your favor soon.
This is such helpful advice! I just wanted to add that when you're documenting everything for the IRS, make sure to include the timeline of when you discovered the theft versus when the transactions actually occurred. The IRS sometimes looks at whether you reported it promptly after discovery. Also, if you're going through divorce proceedings anyway, your attorney might be able to help structure the settlement to address the tax implications. Sometimes they can require the other party to be responsible for any taxes owed on money they stole, though I know that doesn't help with filing this year's return. Good luck with everything - what a nightmare situation to be in!
This is such a complex situation, and I feel for you dealing with theft during what's already a stressful time with legal proceedings. One additional point that might help - if you end up having to pay any taxes this year despite the theft deduction limitations, you may want to consider filing Form 911 (Request for Taxpayer Advocate Service Assistance) with the IRS. The Taxpayer Advocate Service sometimes helps in cases where taxpayers are facing financial hardship due to circumstances beyond their control, like theft. Also, make sure when you file Form 4684 that you use the fair market value of what was stolen (the $2,700) and not try to calculate any depreciation - stolen cash/funds are reported at face value. And definitely keep copies of everything - the police report, court filings, HSA statements showing the unauthorized transactions, and any correspondence with the HSA provider about disputing the charges. The timing is unfortunate since you're filing before the legal case is resolved, but documenting everything properly now will make things much smoother if you need to file amended returns later based on the court outcome. Hang in there!
This is really comprehensive advice! I hadn't thought about the Taxpayer Advocate Service - that could be a lifeline if we end up owing more than we can handle this year. The timing really is awful having to file before everything is resolved legally. One question about Form 911 - do you know if there's a minimum threshold for the amount involved before they'll consider helping? The $2,700 feels significant to us, especially with all the legal costs we're already dealing with, but I wasn't sure if the TAS typically gets involved in cases this size. Also, when you mention keeping the fair market value at $2,700 - since this was cash taken from the HSA account, there shouldn't be any depreciation calculation anyway, right? Just want to make sure I understand that correctly. Thanks for the encouragement - some days it feels like we're drowning in paperwork and legal complications, but having a clear path forward on the tax side helps a lot.
Just wanted to share another perspective on this - I've been using FreeTaxUSA for years and while the $7.99 Deluxe upgrade for amendments isn't ideal, it's still way cheaper than most alternatives. I compared it to H&R Block online last year and they wanted $50+ for amendment services. One thing I haven't seen mentioned here is that FreeTaxUSA's Deluxe also includes some other useful features like priority customer support and audit assistance, so you're not just paying for the amendment capability alone. If you're someone who files complex returns or might need help during tax season, the upgrade can actually provide good value beyond just the amendment feature. That said, definitely worth trying TaxAct's free option first if your situation is straightforward - just make sure to double-check everything before submitting since free services usually have less hand-holding through the process.
That's a really good point about the additional features in FreeTaxUSA's Deluxe package! I was so focused on just the amendment cost that I didn't think about the audit assistance and priority support being included too. For someone like me who gets anxious about tax stuff, having that extra support might actually be worth the $7.99 even beyond just needing the amendment feature. I'm still planning to try TaxAct first since it could save me money, but knowing that FreeTaxUSA's upgrade includes more than just amendments makes me feel better about potentially paying for it if needed. Thanks for pointing out that broader value proposition!
I've been following this thread with interest since I'm in a similar boat! Just wanted to add that I called FreeTaxUSA customer service yesterday to confirm the amendment situation, and they were pretty upfront about it - yes, you absolutely need the Deluxe upgrade for federal amendments, no exceptions for their free tier. However, the rep did mention something useful that I haven't seen discussed here: if you're within 3 business days of filing your original return, they can sometimes help you file a "superseding return" instead of an amendment, which replaces your original return completely and doesn't require the Deluxe upgrade. Obviously this won't help most people since we usually discover mistakes weeks or months later, but might be worth knowing for anyone catching errors quickly. For those considering the TaxAct route mentioned above - definitely worth a shot! I'm planning to explore that option myself before committing to any paid upgrades. The worst that happens is I spend an hour checking it out and then fall back to paying the $7.99 FreeTaxUSA fee if needed.
Wow, that's really useful information about the superseding return option! I had no idea that was even a possibility. Three business days is pretty tight, but good to know for anyone who catches mistakes right away. Your point about trying TaxAct first makes total sense too. I'm in the same situation and figure it's worth spending an hour to potentially save $7.99, especially since several people here have had success with their free amendment feature. Thanks for calling FreeTaxUSA to get the official word - that confirmation helps clarify things for everyone following this thread!
Another important thing about lottery timing - if you take the annuity option (payments over 30 years), you'll pay taxes on each payment as you receive it. This can sometimes be better than taking the lump sum because: 1) You might stay in lower tax brackets across multiple years 2) You protect yourself from spending it all at once 3) The total payout is actually significantly higher
Great question! I've been wondering about this too. One thing I'd add is that you should definitely consider making quarterly estimated tax payments once you claim, especially for large winnings. The IRS expects payment throughout the year, not just at filing time. If you win big and don't make estimated payments, you could face underpayment penalties even if you pay the full amount when you file your return. The standard withholding might not be enough to cover your actual tax liability, especially if the winnings push you into higher brackets. Also, don't forget about the "kiddie tax" if you're planning to gift any winnings to children - there are special rules that might apply. Definitely worth consulting a tax professional for the big wins!
This is really helpful advice about quarterly payments! I had no idea about the underpayment penalties - that could be a nasty surprise. Quick question: how do you even calculate what your quarterly payments should be when you don't know your exact tax liability yet? Is there a safe harbor rule or percentage you can use to avoid penalties while you're figuring out the final numbers?
Has anyone successfully received a refund using Form 843 for a penalty? I submitted mine about 6 weeks ago (with my SSN, not my employer's EIN lol) and haven't heard anything. Is there a way to check the status online or do I have to call?
I got a refund last year for a failure-to-file penalty. It took almost 12 weeks to process, and there's no way to check status online that I could find. I ended up having to call. The "Where's My Refund" tool doesn't work for Form 843 requests since they're processed differently than regular tax refunds.
I went through this exact same confusion last year! You definitely should NOT use your employer's EIN on Form 843 - that field is for YOUR identification number. Since you're filing as an individual, you need to use your Social Security Number (SSN). I made the same mistake initially and had to resubmit the form, which delayed my refund by about 2 months. The IRS sent me a letter asking for clarification, but it would have been much faster to just get it right the first time. For the explanation section, be as detailed as possible. Include specific dates, reference any IRS publications or regulations that support your case, and clearly explain why you believe the fee was charged in error. Attach copies of all supporting documentation - bank statements, correspondence, whatever proves your point. The more evidence you provide upfront, the less likely they'll need to request additional information later. Good luck with your refund request! The process can be slow but if you have a valid case and complete documentation, you should get your money back.
This is really helpful! I'm actually dealing with a similar situation right now. Quick question - when you had to resubmit your form, did you need to send a completely new Form 843 or could you just send a corrected version with a cover letter explaining the change? I'm worried about creating confusion if I submit what looks like a duplicate request. Also, you mentioned getting a letter from the IRS asking for clarification - how long did that take to arrive? I want to know what timeline to expect in case I need to make corrections to mine.
When I had to resubmit, I sent a completely new Form 843 with a cover letter explaining that this was a corrected version of my previous submission. I included the date of my original submission and clearly stated that the correction was to use my SSN instead of an incorrect EIN. This helped avoid confusion about having duplicate requests in the system. The IRS letter asking for clarification took about 8 weeks to arrive after my original (incorrect) submission. It was a pretty standard form letter asking me to clarify my identification number and provide additional documentation. If you catch the error early and resubmit correctly, you can probably avoid that whole back-and-forth process. I'd recommend including a brief cover letter with your corrected form that says something like "This is a corrected resubmission of Form 843 originally submitted on [date]. The correction is to provide my SSN instead of an incorrect EIN in the identification field." Keep it simple and clear!
A Man D Mortal
Don't forget to look into the step-up in basis rules if these stocks were actually inherited rather than gifted to you from your grandparents! The language in your post makes it sound like maybe your grandparents passed away and you inherited these stocks? If they were inherited (not gifted while your grandparents were alive), you likely received a "step-up" in basis to the market value on the date of their death. This would be HUGELY beneficial for tax purposes because any gains that occurred during your grandparents' lifetime would never be taxed.
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Douglas Foster
ā¢Sorry for the confusion! My grandparents are still alive and well - they just helped set up an investment account for me when I was younger and have been managing it. So these were gifts they made to me over time, not an inheritance. Though that step-up in basis thing sounds like a nice tax benefit for inherited assets.
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A Man D Mortal
ā¢Thanks for clarifying! In that case, you'd indeed be working with the original cost basis as others have mentioned. Just as an FYI for future reference - the step-up in basis is indeed one of the biggest tax advantages in the tax code. When someone inherits appreciated assets after a person's death, the cost basis "steps up" to the fair market value on the date of death. This effectively erases all capital gains that occurred during the deceased person's lifetime. It's why some wealthy families hold appreciated assets until death rather than selling them during their lifetime. Definitely something to keep in mind for estate planning when you're older!
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Gavin King
Just wanted to add another perspective on the transfer process itself - you might want to consider whether a direct stock transfer is actually the best approach here. Instead of transferring the actual stocks to your partner's account, you could potentially sell the stocks in your account, pay any capital gains tax (which might be minimal if your cost basis is relatively high), and then gift the cash proceeds. This would give your partner a "clean slate" to invest in whatever they think is best, rather than inheriting your grandparents' old stock picks and cost basis. The downside is you'd pay capital gains tax now instead of deferring it, but the upside is your partner gets full flexibility and a fresh cost basis at current market prices. Given that you mentioned they're really good at investing, they might prefer to start with cash and build their own portfolio rather than managing positions they didn't choose. Just something to consider - the "right" approach depends on your specific tax situation and investment goals!
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Mary Bates
ā¢That's actually a really smart point I hadn't thought about! The tax implications of selling vs transferring could work out better depending on how much the stocks have appreciated since my grandparents bought them. If the original cost basis is pretty low (which it might be if they've been holding some of these stocks for years), then my partner would eventually face a huge capital gains bill when they sell. But if I sell them now and gift the cash, I'd pay the capital gains at my current tax rate, and then my partner gets to invest that money with a fresh start. Plus like you said, my partner might have totally different investment ideas than what my grandparents picked years ago. They're really into tech stocks and ESG investing, while I think my grandparents went for more traditional blue chip stuff. Starting fresh with cash might actually align better with their investment strategy. Do you know if there's a way to figure out roughly what the capital gains would be before deciding which route to take?
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