


Ask the community...
This thread has been super informative! I'm dealing with a similar situation where I received my final paycheck of 2023 on December 31st via direct deposit, but my pay stub shows January 1st, 2024 as the "pay period end date." My employer's HR department is insisting this makes it 2024 income, but based on everything I'm reading here about constructive receipt, it sounds like they're incorrect since I had the money in my account on December 31st, 2023. Has anyone successfully convinced their employer to correct this kind of mistake? I'm worried about getting into a back-and-forth argument with payroll when tax season is already here. Should I just accept their decision and file Form 4852 like someone mentioned, or is it worth fighting this?
You're absolutely right to push back on this! The pay period end date is irrelevant - what matters is when you actually received the money, which was December 31st, 2023. Your employer's HR department is confusing pay period dates with constructive receipt rules. I'd definitely recommend fighting this before accepting it and filing Form 4852. Start by providing your HR/payroll department with documentation about constructive receipt doctrine - you can find the official IRS guidance in Publication 15 (Employer's Tax Guide). If they still refuse, escalate to a supervisor or the finance department. Many payroll people simply aren't familiar with these rules and assume the pay period date is what matters. The reason I'd push for correction rather than just filing Form 4852 is that having an incorrect W-2 can create complications down the road, especially if the IRS questions the discrepancy. It's much cleaner to get your employer to issue a corrected W-2 now than to deal with potential issues later. Plus, you're probably not the only employee affected by this mistake, so fixing it helps everyone.
I'm a tax preparer and see this confusion every year. The key thing to remember is that the IRS follows the "constructive receipt" rule - you're taxed on income when you have the right to receive it, not when it's officially "earned" or when the pay period ends. Since your money was deposited December 30, 2023, that's when you constructively received it, so it belongs on your 2023 W2. Your employer should include this in your 2023 W2, giving you 13 paychecks for that year. This is completely normal and happens whenever year-end pay dates fall this way. Don't let them tell you otherwise - the deposit date is what matters for tax purposes, not the pay stub date or pay period. If your employer insists on putting it on your 2024 W2, they're making an error that you'll need to address before filing your taxes.
Thank you for the professional perspective! As someone new to dealing with year-end payroll issues, this is really reassuring. I was getting stressed about potentially having to argue with my employer's payroll department, but now I feel more confident about the rules. Quick question - if my employer does refuse to correct my W2 and I have to file Form 4852, will that trigger an audit or cause problems with the IRS? I want to make sure I understand all my options before I decide whether to push back or just accept their mistake and work around it.
@297b08930051 Hey Connor! I totally feel your pain on this - the whole Pathward situation is one of the most confusing parts of using H&R Block. I went through the exact same thing last year and it drove me absolutely crazy! Here's the deal: Pathward is essentially just H&R Block's payment processor - think of it like the cashier at a store who takes your money and gives you change, except you never actually interact with them directly. When you chose to have your fees deducted from your refund, your money goes IRS โ Pathward (they take the fees) โ your bank account. The key thing is you CAN'T access a Pathward account because one doesn't exist for you. Instead, track your refund through: โข Your H&R Block online account (shows basic processing status) โข IRS "Where's My Refund" tool (most accurate and up-to-date) Don't worry about losing your sanity over this - the system is intentionally confusing and H&R Block doesn't explain it well. Once your refund goes through (usually takes about 21 days total), you'll understand the process much better for next year. You're doing everything right by trying to stay on top of it! Hang in there! ๐
@d676cee2f2da This is such a perfect analogy with the cashier example! I wish H&R Block would just explain it this simply upfront instead of making us all figure it out through trial and error. I'm definitely bookmarking this thread because I know I'll forget these details by next tax season. It's honestly ridiculous that such a basic part of the tax filing process is made so unnecessarily mysterious. Thanks for taking the time to break this down so clearly - you've probably saved a lot of people from the same frustrating wild goose chase I went on! ๐
@297b08930051 As someone who's helped family members navigate this exact confusion, I can totally relate to your frustration! The Pathward/H&R Block setup is genuinely one of the most poorly explained processes in tax filing. Here's what's actually happening: When you selected the option to pay H&R Block's fees from your refund (instead of upfront), you essentially created a temporary "pit stop" for your money. The IRS sends your full refund to Pathward, they extract H&R Block's fees, then forward the remainder to your actual bank account. The reason you can't find a Pathward login is because you're not actually their customer - H&R Block is. You're just the beneficiary of a temporary transaction. For tracking, stick to these two reliable sources: โข **H&R Block online account** - Shows if your return was accepted and when they expect to receive your refund โข **IRS Where's My Refund tool** - Shows the real-time status from the government's perspective Pro tip: The IRS tool is usually 1-2 days ahead of what H&R Block shows you. Once the IRS says "sent," expect 2-4 additional business days for the Pathward processing and transfer to your bank. You're not overthinking this - the system really is unnecessarily convoluted! But you're on the right track asking these questions. ๐
I totally get how stressful this is - the unknown is always the worst part! I went through something very similar last year and it turned out to be much less scary than I initially thought. Based on what you're describing and the codes others mentioned (570 and 971), this is most likely a routine verification request. Since you mentioned claiming education credits, that's probably what triggered it. The IRS has been doing a lot more verification on education-related credits lately. Here's what I'd suggest while you wait for the letter: - Gather your 1098-T forms and any receipts/bank statements showing tuition payments - If you claimed the American Opportunity Credit, have documentation that shows you were enrolled at least half-time - Keep copies of everything organized and ready to send When the letter comes (and it will - don't worry about it getting lost), respond exactly as they request. If they want documents faxed, fax them. If they want them mailed, use certified mail with return receipt. The whole process from response to refund release took about 7 weeks for me, but I did get my full refund with no adjustments. It's frustrating to wait, but this really is routine verification, not an audit or anything punitive. Hang in there - you'll get through this and get your refund!
I completely understand your anxiety about this! I went through the exact same situation about 8 months ago and it was definitely stressful waiting for that letter to arrive. In my case, it ended up being verification for education credits too - they sent me a CP05 letter asking for my 1098-T form and proof that I actually paid the tuition expenses I claimed. The whole thing was resolved pretty smoothly once I sent in the documentation. A couple of things that might help ease your mind: - The fact that you can see the 570 and 971 codes on your transcript is actually a good sign - it means they're just requesting information, not that they've already made any adjustments to your return - Since it's been about a week since the codes appeared, your letter should arrive within the next 1-2 weeks - Having your education documents ready (1098-T, tuition receipts, enrollment verification) will save you time once the letter arrives The waiting is definitely the hardest part, but this really is routine verification. I ended up getting my full refund about 5 weeks after I responded to their letter. Just make sure to respond promptly and send exactly what they ask for using their preferred method (fax vs. mail). You've got this - it's way more common than you think and definitely not something to panic about!
This entire discussion has been incredibly enlightening! As someone who's been preparing my own taxes for years but just hit the NIIT threshold for the first time, Form 8960 has been completely overwhelming. What really stands out to me is how this community came together to solve what initially seemed like a simple software discrepancy but turned out to be a genuinely complex tax interpretation issue. The fact that multiple people independently verified the same approach through different channels (IRS calls, CPA consultations, AI tools, etc.) really builds confidence in the methodology. I'm particularly grateful for the step-by-step example with actual numbers - seeing the $50K investment income divided by $200K total income to get the 25% ratio, then multiplying by the full $15K state tax amount to get $3,750 for Line 9b makes it crystal clear. That concrete illustration was worth more than reading the IRS instructions multiple times. The legislative context about preventing double taxation rather than creating additional deduction benefits also helps explain why the SALT cap doesn't apply here. It's one of those situations where understanding the "why" behind the rule makes the calculation method make much more sense. Thanks to everyone who shared their research and experiences - this is exactly the kind of practical tax guidance that makes navigating these complex forms possible for regular taxpayers like me!
I'm completely new to this community and Form 8960, but this thread has been absolutely invaluable! Like you, I just crossed the NIIT threshold for the first time and was totally confused by the different results I was getting from various tax software. What really helped me was seeing how everyone worked through this methodically - from the initial confusion about the $130 difference between software programs, to multiple people getting IRS confirmation, to the detailed Treasury Regulation citations. It shows that even complex tax issues can be solved when people share their research and experiences. The concrete example with the ratio calculation (investment income รท total income ร full state taxes = Line 9b amount) was exactly what I needed to understand the mechanics. And the explanation about why the SALT cap doesn't apply - because NIIT operates as a separate tax system designed to prevent double taxation - finally made the rules click for me. I'm definitely going to document my calculation method and keep references to Treasury Regulation 1.1411-4(f)(3) in my tax files. This community approach to solving tax problems is so much more helpful than trying to figure it out alone with confusing IRS instructions! Thanks to everyone who contributed - this is exactly the kind of collaborative problem-solving that makes complex tax situations manageable for newcomers like me.
As someone who just discovered this community while struggling with the exact same Form 8960 issue, this thread has been a lifesaver! I was getting completely different NIIT calculations between TaxAct and H&R Block software and couldn't figure out why. The detailed explanation about using the full state tax amount (without the SALT cap) in the ratio calculation finally makes sense. I've been going in circles trying to understand why the $10,000 limitation wouldn't apply, but the clarification that NIIT operates as a separate tax system designed to prevent double taxation really clicked for me. What I find most reassuring is how multiple people independently verified this approach through different channels - IRS calls, CPA consultations, and even AI tax tools all pointing to the same methodology. That kind of consensus gives me confidence to proceed with the calculation. The step-by-step example was incredibly helpful too. I worked through it with my own numbers: $75,000 investment income รท $300,000 total income = 25%, then 25% ร $18,000 state taxes = $4,500 for Line 9b. This should reduce my NIIT by about $171, which definitely makes the effort worthwhile. I'm keeping detailed documentation of this calculation method along with references to Treasury Regulation 1.1411-4(f)(3) that was mentioned. Thanks to everyone who shared their research and experiences - this community collaboration is exactly what I needed to navigate this confusing tax situation!
Welcome to the community! I'm new here too and have been following this thread closely as I work through my own Form 8960 confusion. Your calculation example really helps - seeing how the 25% ratio works with different income amounts ($75K investment income vs the earlier $50K example) reinforces that the method is consistent regardless of the specific numbers. I'm in a similar situation with conflicting software results, and like you, I'm finding the consensus across multiple verification methods really reassuring. The fact that people got the same answer whether they called the IRS directly, consulted CPAs, or used newer AI tools suggests this interpretation is solid. One thing I'm curious about - did you find any state-specific guidance for your situation? Someone mentioned earlier that Illinois provides breakdowns of state tax by income type, and I'm wondering if other states do something similar that might provide an alternative to the ratio method. Thanks for sharing your specific numbers and calculation - it's helpful to see more real-world examples of how this works in practice!
Lara Woods
Does anyone know if this is different for LLC vs sole proprietor? I have a single-member LLC but file Schedule C.
0 coins
Eleanor Foster
โขFor tax purposes, a single-member LLC filing on Schedule C is treated the same as a sole proprietor. The IRS disregards the LLC structure (unless you've elected to be taxed as a corporation). So the advice about reporting reimbursed expenses as income and then deducting the business expenses applies equally to your situation.
0 coins
Diego Chavez
This is such a common confusion point for self-employed folks! I went through the exact same thing when I started my consulting business. The key is proper documentation - make sure your invoices clearly separate the reimbursed expenses from your service fees. I use a simple format like "Service Fee: $X, Travel Reimbursement: $Y" on each invoice. This makes it crystal clear to both you and the IRS that these are genuine reimbursements, not additional income. One tip that helped me: I keep a separate spreadsheet tracking each reimbursed expense with the corresponding receipt and invoice number. Makes tax time so much easier and gives you bulletproof documentation if questions ever come up. TurboTax handles this pretty well if you enter everything in the right categories - just make sure you're consistent about how you classify things. The peace of mind of doing it right from the start is definitely worth the extra bookkeeping effort!
0 coins
Ellie Perry
โขThat spreadsheet tip is gold! I'm just starting out as a freelance consultant and already dealing with client travel reimbursements. Can you share more details about what columns you include in your tracking spreadsheet? I want to make sure I'm capturing everything I might need for tax purposes or if questions come up later. Also, when you say "corresponding receipt and invoice number" - do you scan/photo all the receipts or just keep the physical ones? I'm trying to go as paperless as possible but want to make sure I'm not missing anything important for documentation.
0 coins