Q: I had a RMD with a brokerage and they never sent me a 1099R for years 2021, 22 and 23. I have 2 of the 3 now paid using
a 1099x for each year, and filing other paperwork. So far it has cost me about $1000 in interest, my taxes and accountant fees, I still have one more year to
go so I approximate $2000 total I would not have had to spend if the brokerage had sent a 1099R each year. The amount for each year was included on the 2nd page of my account summary, but no 1099R sent and therefore, I was not aware I owed. Do I have any case to get my est. $2000 out of pocket expenses back. This does not at all include the hours of work to fix this nor the worry I have expent since last November when this nightmare began. Thanks
A:
You may have a case to recover your out-of-pocket expenses. The first step would be to contact the brokerage and formally request reimbursement for the costs incurred due to their failure to send the 1099R forms. Clearly document the expenses, including interest, taxes, and accountant fees, and explain how their omission led to these costs.
If the brokerage is unresponsive or denies your request, you can consider filing a complaint with the Financial Industry Regulatory Authority (FINRA) or the Texas State Securities Board. These agencies can help mediate disputes between investors and brokerage firms. Keep detailed records of all communications and expenses related to this issue.
Lastly, consult with a legal professional to explore the possibility of a small claims court action. This route may help you recover the costs without extensive legal fees. Although pursuing this can be time-consuming, it may be worth it to recover the $2000 and hold the brokerage accountable for their error.
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