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990-T

March 27th, 2025 at 07:40 am

Last year, I got hit with a tax penalty for like $6,500 USD.  I believe they garnished it out of my Roth.  I thought perhaps it was because I didn't wait long enough or something before I sold a position to buy another one.  So, I figured it might be a one-off thing, but through the entire year of 2024, I did not sell anything.  I only bought more of the same positions.

Anyway, I just received a letter from the IRS again, saying this time I owe $13k+ !  I am flabbergasted.  So now, I am trying to figure out just what exactly is this 990-T, and if this is a nightmare I have to visit every year?

So, to the best of my limited abilities, I understand that this penalty is due to me holding MLPs in my Roth IRA account specifically, and my income distributions have exceeded $1k.  I thought the whole point of Roth is to be able to generate passive income tax free.  Income, I should add that I have not pulled out at all, but rather, have re-invested back into the same positions of that same account.

Assuming all this is not a scam or a mistake somehow, this is a lot of money I am going to be losing every year!  I need to figure out what's going on and make it stop!

8 Responses to “990-T”

  1. crazyliblady Says:
    1743168168

    So sorry you are having this problem. You probably need to visit with a financial planner, someone with more insight on the possibilities.

  2. crazyliblady Says:
    1743168332

    A reliable tax accountant would be another good person to consult.

  3. Dido Says:
    1743175418

    990-T is the tax form for nonprofit organizations to report their UBTI, unrelated business taxable income. This is definitely NOT a mistake or a scam.

    And yes, this is because of the MLPs in your IRAs. Typically the large custodians will complete the 990-T for you and take the fees from your investment accounts--but this is how it works for my clients at the wealth management firm I work for and I don't know how it works if you are self-managing your investments.

    I would consult with a tax advisor or tax-aware financial planner on the most tax-efficient way to move those positions to a brokerage account. The problem is that if those are oil and gas MLPs there is typically depletion recapture and a taxable gain when those positions are sold. But yes, get the MLPs out of your Roth and into a taxable brokerage account. MLPs are typically tax-efficient and often generate losses most years (except when sold), which is why you want them in a brokerage account where if there is a loss, you can take it, rather than in a Roth or a traditional IRA where any tax loss is wasted.

    Sorry that you had an expensive lesson!

  4. Dido Says:
    1743175595

    Also--are these amounts the *penalty* amounts or simply the tax that you owe because you did not understand the rules? I suspect that most of this is the tax. Your IRS notice will break out the tax, interest, and penalties separately. These are not penalities that are "garnished" but simply the way that UBTI works! Did you get a letter from the IRS or is this just the notice from your custodian when they filed the 990-T on your behalf (which is what custodians do).

  5. Dido Says:
    1743179478

    *revise first comment to say "nonprofit or any other organization where you wouldn't usually expect to see tax"--which is mostly nonprofit charities.

  6. Tabs Says:
    1743180448

    Hi, thank you all for the feedback so far. I THINK I might have it figured out, but if something weird still happens next year, I am definitely going to consult an accountant next year....

    Dido: My brokerage firm is the one who contacted me and let me know about this. Most of it is indeed the tax. The rest is a combination of interest accrued and late fees.

  7. Dido Says:
    1743188308

    Tabs, I might suggest consulting an accountant this year (after 4/15) so that you can at least avoid interest and penalties next year, and figure out a strategy for moving those positions to a taxable brokerage account, where they may prove of some tax benefit in most years (except typically in those years in which you liquidate the position, especially for oil & gas MLPs). If it's happened two years in a row, it's likely to happen again, unless those large tax bills were because the positions were sold.

  8. LivingAlmostLarge Says:
    1743528632

    Yep you want it out. I'm surprised it's in their to begin with. But I've found a lot of investment people do things for their benefits instead of the client. My dad had a whole life policy in his IRA. Thankfully we got out of it when the cash value was high in 2022.

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