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I'm in a similar situation with my disabled sister (she has severe MS) and I've been claiming her for 3 years now. Even though she was also denied SSDI initially, I've never had any issues with the IRS. I keep a folder with her medical records, a letter from her neurologist stating she cannot work, and a spreadsheet of all the expenses I cover for her. One tip: have your brother sign IRS Form 2120 (Multiple Support Declaration) if your mother is also contributing to his support. This confirms that even though multiple people provide support, you're the one claiming him as a dependent. It's not always required, but it's good documentation to have if questions come up.
Does Form 2120 only apply if multiple people could qualify to claim the same dependent? Like if both the OP and their mother provide enough support that either could potentially claim the brother? Or is it needed whenever anyone else provides ANY support?
Form 2120 is specifically for situations where multiple people together provide more than half of someone's support, but no single person provides more than half. It's called a "multiple support agreement." In the OP's case, since they're providing 75% of their brother's support, they don't need Form 2120 because they already meet the "more than half support" test on their own. The form would only be necessary if, for example, the OP provided 40% of support, their mother provided 30%, and maybe another sibling provided 20% - then they could use Form 2120 to designate who gets to claim the dependent even though no single person provided over 50%. Since the OP is clearly providing the majority of support, they should be fine without it. Just keep good records of all the expenses you're covering!
One thing that might help ease your concerns about potential audits is to create a comprehensive "dependent file" for your brother that you keep with your tax records. Based on what you've described, you have a strong case, but good documentation is key. Include: (1) A doctor's letter specifically stating his disability prevents substantial gainful activity and is expected to last 12+ months - this addresses the IRS definition directly, (2) Medical records documenting his spine surgeries and ongoing treatment, (3) A detailed expense log showing what you pay for (housing, food, utilities, medical costs, etc.) - this proves the support test, (4) Documentation that he lived with you the full year (lease/mortgage showing his residence), and (5) Evidence of his zero income (bank statements, etc.). The SSDI denial actually works in your favor here because it shows he truly has no income, which helps meet the gross income test for dependents. The IRS disability standard is different from Social Security's - they focus on whether someone can engage in substantial gainful activity, not specific job categories like "cashew sorter." Keep receipts for everything you spend on his behalf. Even seemingly small expenses add up and help demonstrate that you're providing the majority of his support. With 9 spine surgeries and documented chronic pain, plus your clear financial support, you should be well-positioned if any questions arise.
Illinois generally follows federal tax treatment for retirement distributions, so if you roll it over within 60 days, you shouldn't owe Illinois state tax on it either. However, if you cash it and pay federal taxes, Illinois will likely tax it as ordinary income too (Illinois has a flat 4.95% rate). One thing to keep in mind - Illinois doesn't have its own early withdrawal penalty like some states do, so you'd just be looking at the regular state income tax rate if you decide to cash it rather than roll it over. But rolling it over is still your best bet to avoid all taxes, both federal and state. I'd definitely recommend calling your new 401k plan first to make sure they accept indirect rollovers before you decide which route to take!
This is really helpful information about Illinois! I had no idea that states could have different rules for retirement distributions. The 4.95% flat rate isn't too bad compared to what I was worried about. I think I'm leaning toward trying the rollover route first - I'll call my new 401k administrator tomorrow morning to see if they accept indirect rollovers. If they don't, maybe I'll look into opening a traditional IRA just for this purpose. Even with the hassle, avoiding both the 10% federal penalty and the Illinois state tax seems worth it for a $1,372 distribution. Thanks everyone for all the advice! This community has been incredibly helpful in making sense of what seemed like a confusing situation.
Just wanted to chime in as someone who works in retirement plan administration - you're getting great advice here! A few additional points that might help: The 60-day rollover clock starts from the date you RECEIVED the check, not when you cash it. So don't panic if it takes you a few days to figure out your options. Also, if your new employer's 401k doesn't accept indirect rollovers (which some don't), you can always roll it into a traditional IRA at any major brokerage like Fidelity, Vanguard, or Schwab. They're very familiar with these situations and can walk you through the process. One last thing - make sure to keep detailed records of everything (the check stub, 1099-R, deposit receipts, etc.) because you'll need to document the rollover on your tax return even though it won't be taxable. The IRS wants to see that you properly completed the rollover within the time limit. Good luck with whatever option you choose!
This is exactly the kind of professional insight I was hoping to see! As someone new to dealing with retirement account distributions, the 60-day rule is particularly important to know. I was worried that every day I spent researching my options was eating into my rollover window. The suggestion about using a major brokerage for the IRA rollover is really smart too. I hadn't considered that route, but it sounds like it might actually be simpler than trying to coordinate with my new employer's 401k plan. Quick question - when you say "keep detailed records," do you mean I should photograph everything or is it enough to just file the paperwork? I want to make sure I don't mess up the documentation if the IRS ever asks about it later.
I've been dealing with this exact same frustration and reading through all these strategies is giving me hope! The early morning timing advice (7:05-7:15am on Tuesday/Wednesday) seems to be the most consistent recommendation across everyone's experiences. One thing I wanted to add that worked for me recently - if you're using a smartphone, download an auto-redialer app. I used "Auto Redial" and set it to call every 30 seconds starting at exactly 7:00am. That way I didn't have to manually keep hitting redial and could focus on listening for when the menu actually started. Got through on attempt #23 around 7:18am using this method. Also, since you mentioned needing this for post-divorce expenses, you should definitely document how this delay is affecting your financial obligations. The Taxpayer Advocate Service takes cases involving divorce-related financial hardship seriously, and having specific examples of bills/obligations you can't meet because of the refund delay will strengthen your case if you need to file Form 911. The transcript analysis suggestion is spot-on too - I found transaction code TC 766 on mine which indicated a credit freeze that was causing my delay. Having that info ready when I finally got through to an agent made the call so much more productive. Don't give up! This community has proven there are ways to beat this broken system with the right strategy and persistence.
I've been through this exact nightmare and it's absolutely soul-crushing! After reading through all the brilliant strategies shared here, I'm amazed at how this community has basically reverse-engineered the IRS phone system to find ways around their broken infrastructure. The timing consensus around 7:05-7:15am on Tuesday/Wednesday mornings is really encouraging, and I love how people have shared specific menu sequences and tricks like the ## after SSN or the 2ā1ā0 callback escalation. The auto-redialer app suggestion from @Liam McGuire is genius - why didn't I think of that earlier? Since you mentioned this is affecting your post-divorce financial situation, I'd definitely recommend starting the Taxpayer Advocate Service process immediately while continuing your call attempts. File Form 911 online and be very specific about how the refund delay is preventing you from meeting court-ordered obligations or essential expenses. TAS has special authority to expedite hardship cases that regular customer service simply can't match. Also, pulling your tax transcript first (as several people suggested) is crucial - those transaction codes can tell you exactly what type of hold or issue you're dealing with before you even get someone on the phone. TC 570, TC 971, TC 766, etc. all mean different things and having that info ready will help the agent resolve your case much faster. Document every single call attempt with dates, times, and outcomes. This shows TAS you've exhausted normal channels and helps establish the timeline of how long this has been affecting your finances. You've got an entire playbook of proven strategies now - don't let this broken system defeat you!
I'm dealing with a very similar situation at my workplace! We had the same transition from multiple insurance options to just one, and several of us opted for the stipend route to keep our existing providers. One thing I learned the hard way is to make sure you're setting aside enough for quarterly estimated tax payments if your employer isn't withholding enough from the stipend. Since it's treated as regular income, you might end up owing at tax time if the withholding doesn't account for the bump in income properly. Also, definitely explore that HSA option someone mentioned if your plan qualifies. I wish I had known about that earlier - it would have helped offset some of the tax burden from the stipend. The pre-tax savings can be significant, especially if you're in a higher tax bracket. Have you checked with your benefits department about whether they might consider setting up a formal HRA structure for next year? Sometimes HR departments are open to exploring these options once they realize how many employees are affected by the tax implications.
Thanks for sharing your experience! The quarterly payment issue is something I hadn't thought about. How did you figure out how much to set aside? Did you just estimate based on your tax bracket or is there a better way to calculate it? I'm definitely going to ask HR about the HRA option - it sounds like several people here have had success getting their employers to reconsider how they structure these arrangements. Even if it doesn't help for this tax year, it could make a big difference going forward. Did you end up owing a lot at tax time, or were you able to adjust your withholding mid-year once you realized the issue?
This is such a timely discussion! I'm actually a tax preparer who specializes in healthcare-related tax issues, and I see this exact situation frequently with clients. A few additional points that might help: 1. **Documentation is key** - Keep detailed records not just of your premiums, but also any correspondence with your employer about how the stipend is structured. If the IRS ever questions the treatment, you'll want to show exactly what your employer told you about the arrangement. 2. **Consider the timing** - If you're planning to have significant medical expenses this year (dental work, surgery, etc.), it might be worth bunching them into one tax year to help you clear that 7.5% threshold more easily. 3. **FSA opportunity** - Even though you're not on your employer's health plan, ask if you can still participate in their Flexible Spending Account for medical expenses. Some employers allow this, and it's another way to pay medical costs with pre-tax dollars. 4. **State considerations** - Don't forget to check if your state offers any additional tax breaks for health insurance premiums paid by individuals. Some states have small credits or deductions that aren't tied to the federal itemization rules. The HSA suggestion is excellent if your plan qualifies - that's often the best tax strategy in these situations. And definitely push your HR team on exploring HRA options for next year. Many don't realize how much this could benefit both employees and the company from a payroll tax perspective.
This is incredibly helpful information! I had no idea about the FSA possibility even when not on the employer's health plan - that's definitely something I'll ask HR about. The timing strategy for medical expenses is really smart too. I've been putting off some dental work, but if I'm going to have trouble reaching that 7.5% threshold anyway, maybe it makes sense to bunch everything together in one year when I might actually benefit from the deduction. Quick question about the documentation - when you say "correspondence with your employer," are you talking about just email exchanges about the stipend arrangement, or should I be asking for something more formal in writing? I want to make sure I'm protecting myself properly if the IRS ever has questions about how this was set up. Also, do you happen to know if there's a specific IRS form or publication that covers these employer stipend situations? I'd love to read the official guidance to better understand my situation.
AstroAce
Has anyone just printed out Form 4684 and done it manually? You can still e-file the rest of your return through TurboTax and just mail in the 4684 separately with a 1040-X later when it becomes available. That's what I did last year with a delayed schedule.
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Chloe Martin
ā¢This doesn't work for Form 4684 unfortunately. Since it affects your AGI and potentially other calculations, you can't just add it later. The IRS would reject both returns. I tried something similar last year and it was a massive headache fixing it all.
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Alexis Robinson
I'm dealing with this exact same Form 4684 issue right now! Based on all the suggestions here, it sounds like there are several viable paths forward. For those considering the professional software route that Freya mentioned - I actually called Drake Software yesterday and they confirmed Form 4684 is fully available in their system. The rep said they prioritize getting all forms ready by mid-January since tax professionals can't afford to wait. One thing I'm curious about - has anyone tried contacting TurboTax directly to see if they'll extend your subscription to next year as compensation for this delay? Seems like they should offer something for the inconvenience, especially for long-time customers like the original poster. Also wanted to mention that if you do decide to switch software mid-stream, make sure to keep detailed records of what you've already entered. Even if the new software can't import your TurboTax file, having everything organized will make the re-entry process much faster.
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