Skip to main content
Level 6
May 19, 2022
Solved

Received f1099-B after e-filing

  • May 19, 2022
  • 2 replies
  • 19 views

Taxpayer received f1099-B after he e-filed his 2021 return. However, f1099-B has only one transaction and has "Transactions for which basis is not reported to the IRS and for which short or long-term determination is unknown (to broker)". If TP had received this 1099-B before filing, the transaction would have been reported as short-term capital gain with a basis of zero.

TP reported the transaction as part of the wages when he e-filed. As wages and ST capital gain have the same rate and TP is below the NIIT threshold, should TP take no action now? Or, Does TP need to file an amended return?

Please comment and advise. Thanks for your time.

This topic has been closed for replies.
Best answer by George4Tacks

File an amended return. IRS will assume a zero basis for the sale and propose a significant tax. Take care of it now with an amendment. 

2 replies

George4Tacks
Level 15
May 19, 2022

File an amended return. IRS will assume a zero basis for the sale and propose a significant tax. Take care of it now with an amendment. 

Answers are easy. Questions are hard!
Level 6
May 20, 2022

@George4Tacks Thanks again as always for your time and comment.

qbteachmt
Level 15
May 20, 2022

"TP reported the transaction as part of the wages when he e-filed."

Are you sure this isn't a chain of events? Example:

Employee stock option = W2 reporting.

Then, the sale of those shares = 1099-B. And now you have the basis, from the W2. The broker didn't have that basis, but you have the documentation for it, including that it was short- or long-term.

It's doubtful that the same transaction was on both a W2 and a 1099-B. But the shares would go through a process of award-ownership-sale.

Don't yell at us; we're volunteers
Level 6
May 21, 2022

@qbteachmt The transaction reported on f1099-B was an Indemnity Escrow Final Release in December 2021 as part of the closing of an acquisition of TP’s employer back in 2017. The escrow final release in December, 2021 was not on a W-2 as TP’s employment was in overseas. However, TP included the escrow release as part of his wages.

TP had reported the original proceeds from the acquisition as a Short-Term Capital Gain on the Schedule D / Form 8949 since TP had received a Form 1099-B for that in 2017.

The amended return will be including the escrow release in Schedule D/f 8949 with a zero basis (short-term capital gain) and excluding the escrow release from part of the total wages as originally reported. The tax should remain the same.

Your thoughts on this? Thank you.

qbteachmt
Level 15
May 21, 2022

You follow the process to understand what happened and when it is considered to have happened.

"Escrow" typically reflects funds or other assets on hold (as in trust or secured; time restricted for vesting, for instance), but the financial transaction might have been fully reported in 2017 (if these relate). Just not fully dispersed. The funds or asset being dispersed in 2021 would be like the final banking (if these relate). I can sell you a house and you and I agree you will put 1/3 of the sale price in escrow, not to be paid to me until the 3 year mark, for instance; we want the release of the remainder of the funds to be based on some contingency such as, you agreed I could live there for 3 more years and I need to move out to get the rest of the money. But now I live in a house that I don't own.

If these were not funds but shares (you only stated "an acquisition of TP’s employer" and not ESOP or units or stock options or some other equity or cash-equivalent vehicle), then it is likely the 2017 reporting would be basis (thinking of the example of a 5-year vesting requirement). The release of the investment/equity from escrow is just that: released from being held, and now at the discretion of the taxpayer to hold or sell.

There doesn't have to be a 1099-B. Since there is, you evaluate what was sold and how that activity relates to the other activities. Perhaps this taxpayer then disposed of whatever got released, as Sold, triggering the 1099B for 2021.

"The escrow final release in December, 2021 was not on a W-2 as TP’s employment was in overseas."

Does it seem likely that the employer knows to report what needed to be reported on W2, though? Or is that part of the question, that you don't trust the W2 is correct, anyway?

Example: The acquisition of this company involved a liability to existing employees: an employee stock option or award was triggered, that was time-restricted until they have worked there 5 years (or 5 years after the sale, to keep good staff from leaving), and might not include a 1099-B at that point, unless the employer optionally utilizes an outside broker as required or requested to handle a sale or for fractional shares that cannot be distributed or allocated. That's just an example (very much made up), but some people look at a 1099-B without understanding why it is issued, or assume one not being issued has some other meaning that is not reflective of why one does not need to be issued. And in this example, the W2 amount would be years earlier, depending on if this is restricted stock, restricted stock units, when the election is made to price it for basis, etc.

Possible process:

W2 for FMV when vesting occurred (establishes basis in 2017); then there is the time-restriction completion; then there is optional disposal through sale, triggering a 1099-B, in 2021.

It helps if the employee knows what they participated in: Restricted Stock Units, awards, ESOP, profit share bonus from the sale/acquisition, stock purchase plans, company stock savings, etc.

I learn a lot from articles; for instance:

https://www.investopedia.com/articles/tax/09/restricted-stock-tax.asp

https://carta.com/blog/breaking-down-rsas-and-rsus/

 

 

Don't yell at us; we're volunteers