IRS corrects error in Schedule D tax calculation worksheet (2024)

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By Sally P. Schreiber, J.D.


On May 15, the IRS notified tax software companies that it had discovered an error in the instructions for the Tax Worksheet for the 2018 Schedule D, Capital Gains and Losses. The IRS explained that the tax calculation did not reflect the new regular tax rates and brackets for certain Schedule D filers who had 28% rate gain (which is taxed at a maximum rate of 28%) reported on line 18 of Schedule D or unrecaptured Sec. 1250 gain (which is taxed at a maximum rate of 25%) reported on line 19 of Schedule D, as a result of changes in the law known as the Tax Cuts and Jobs Act, P.L. 115-97.

The IRS posted the corrected worksheet at the end of the instructions, which were updated Thursday. The Service advised anyone who downloaded those instructions before May 16, 2019, to download them again. It noted that all returns filed after May 15 should reflect the new calculation and that it will update any returns filed after May 15 to reflect the correct tax using the new calculation. Therefore, taxpayers who filed using the incorrect worksheet do not have to file an amended return or call the IRS. The Service noted that it is reviewing returns submitted before May 16 and will provide more information about this later.

The IRS maintained that because it had already provided the corrected worksheet to its tax software partners, anyone filing a 2018 return, including those with extensions, after May 15, 2019, should not be affected by the error. Taxpayers reporting these types of capital gain transactions usually obtain filing extensions from the IRS. For that reason, the IRS believes that most affected taxpayers have not filed yet. The corrected worksheet results in a lower regular tax for most taxpayers and a higher regular tax for a small number of taxpayers.

Most taxpayers who file Schedule D do not have amounts on line 18, which contains capital gain taxed at the 28% rate, or line 19, where unrecaptured Sec. 1250 gain is reported. Those taxpayers would check “Yes” on line 20, which directs them to complete the Qualified Dividends and Capital Gain Tax Worksheet, and would not use the Schedule D Tax Worksheet to figure their regular tax.

The IRS corrected the Schedule D Tax Worksheet in the Instructions for Schedule D (Form 1040, U.S. Individual Income Tax Return) by renumbering line 18 as line 18a, adding new lines 18b and 18c, and updating the text on line 19 to reflect those changes.

Sally P. Schreiber, J.D., (Sally.Schreiber@aicpa-cima.com) is aJofAsenior editor.

IRS corrects error in Schedule D tax calculation worksheet (2024)

FAQs

IRS corrects error in Schedule D tax calculation worksheet? ›

The IRS corrected the Schedule D Tax Worksheet in the Instructions for Schedule D (Form 1040, U.S. Individual Income Tax Return) by renumbering line 18 as line 18a, adding new lines 18b and 18c, and updating the text on line 19 to reflect those changes.

What is the IRS error resolution system? ›

Error Resolution System

Employees will review and either manually release the refund or confirm the error. If an error is confirmed, a notice will be sent to the taxpayer either requesting additional information or informing the taxpayer the error has been corrected through the IRS's math error authority.

How does Schedule D tax worksheet work? ›

Schedule D is an IRS form to help taxpayers compute their capital gains or losses and the taxes due. The calculations from Schedule D are combined with individual tax return Form 1040, which will affect the adjusted gross income amount.

Does IRS make mistakes? ›

Thousands of taxpayers hear from the Internal Revenue Service (IRS) every year about mistakes they made when filing. You are given the opportunity to correct these mistakes and remedy your tax situation before penalties make your situation worse.

Can I file Schedule D without 8949? ›

Form 8949 isn't required for certain transactions. You may be able to aggregate those transactions and report them directly on either line 1a (for short-term transactions) or line 8a (for long-term transactions) of Schedule D.

How long does it take to get an error correction from the IRS? ›

You can check the status of an amended return around 3 weeks after you submit it. It will take up to 20 weeks to process your return.

How long does it take the IRS to fix an error? ›

If you provide the information the IRS requested, the IRS should correct your account and resolve the refund issue (generally within 60 days). If you file a missing or late return, the IRS will process your returns and issue your refunds (generally within 90 days).

Who uses the Schedule D tax worksheet? ›

Those who have realized capital gains or losses from a partnership, estate, trust or S corporation will need to report those to the IRS on this form. Those with gains or losses not reported on another form can report them on Schedule D, as can filers with nonbusiness bad debts.

When and why must the Schedule D tax worksheet be filled out? ›

The Bottom Line

Taxpayers must file Schedule D along with IRS Form 1040 when they have capital gains or losses to report that are from investments or are the result of a business venture or partnership. Both short-term and long-term gains and losses are included.

What is the Schedule D tool for taxes? ›

Schedule D Tools allows data entry throughout the year for high volume traders, generates reports to facilitate mid-year tax planning, and calculates and correctly reports complicated wash sales—even same-day and cross-portfolio wash sales.

How likely is the IRS to catch a mistake? ›

Regardless of whether you're among the "high-income, high-wealth individuals" the IRS is targeting this year, your chances of being audited are still pretty slim: Of the roughly 165 million returns the IRS received in 2022, approximately 626,204, or less than 0.4%, were audited.

Who is responsible for IRS mistakes? ›

Although the tax return preparer always signs the return, you're ultimately responsible for the accuracy of every item reported on your return. Anyone paid to prepare tax returns for others should have a thorough understanding of tax matters and is required to have a PTIN.

Does the IRS forgive mistakes? ›

We may be able to remove or reduce some penalties if you acted in good faith and can show reasonable cause for why you weren't able to meet your tax obligations. By law we cannot remove or reduce interest unless the penalty is removed or reduced.

Why is Schedule D not required? ›

If your only capital gains income is cap gains distribution from a mutual fund, reported on a 1099-DIV, then Schedule D is not required and it is not prepared. The cap gain is reported directly on Form 1040 and the "Sch D not required" box is checked. Your lender should know that.

Do I have to list every transaction on Schedule D? ›

You and your spouse may list your transactions on separate forms or you may combine them. However, you must include on your Schedule D the totals from all Forms 8949 for both you and your spouse.

When to use form 8949 vs schedule D? ›

Use Form 8949 to reconcile amounts that were reported to you and the IRS on Form 1099-B or 1099-S (or substitute statement) with the amounts you report on your return. The subtotals from this form will then be carried over to Schedule D (Form 1040), where gain or loss will be calculated in aggregate.

What does error resolution mean? ›

Error resolution is the formal process followed by banks in response to errors reported by customers. Banks are required to investigate the error within a limited period of time, and they may also need to reimburse the customer for any affected funds while the investigation takes place.

How do I contact the IRS error resolution department? ›

Answer: Contact an IRS customer service representative to correct any agency errors by calling 800-829-1040 (see telephone assistance for hours of operation).

What happens if the IRS finds an error on my return? ›

You should amend your return if you reported certain items incorrectly on the original return, such as filing status, dependents, total income, deductions or credits. However, you don't have to amend a return because of math errors you made; the IRS will correct those.

Why is my refund in the error department? ›

Error Resolution System

Every tax return goes through a series of screenings that may flag an error or issue with the tax return that needs to be reviewed by an IRS employee. If a tax return is flagged, it is sent to the IRS Error Resolution System (ERS).

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