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I've been following a similar strategy for about 2 years now, overpaying by roughly $18K annually. One thing that's given me peace of mind is working with a tax professional who helped me establish a defensible estimation methodology. What we do is create quarterly projections that account for variable income scenarios - like potential bonuses, freelance work, or investment gains that might materialize. I document these projections each quarter, showing how I arrived at my estimated payment amounts. Sometimes the income materializes, sometimes it doesn't, but the important thing is having a reasonable basis for each payment. The processing fees (around 1.9%) are definitely worth it when you're hitting signup bonuses that can be 15-20% returns in just a few months. Just make sure you're not putting all your overpayments on one card or making it too obvious that you're manufactured spending. My advice would be to treat this as legitimate tax planning first, credit card optimization second. Keep good records, vary your amounts somewhat year to year, and make sure you can articulate why your estimates led to overpayments if ever asked. The IRS isn't going to penalize you for being conservative with your tax planning.
This is really helpful advice! I'm just starting to consider this strategy and the emphasis on treating it as legitimate tax planning first makes a lot of sense. Quick question - when you say "vary your amounts somewhat year to year," do you mean the total overpayment amount or the quarterly distribution? I'm trying to figure out the best way to make this look natural while still being able to hit the credit card bonuses I'm targeting.
@Emma Thompson Great question! I vary both actually - some years I might overpay $15K, others $20K, depending on my actual income projections for that year. For quarterly distribution, I also mix it up - sometimes front-loading more in Q1 if I expect higher income later, other times spreading it more evenly. The key is having legitimate business reasons for the variations. Like this year I m'expecting some consulting projects to wrap up in Q3, so my Q2 and Q3 payments are higher to account for that projected income spike. Last year was more evenly distributed because my income was steadier. This natural variation makes it look like genuine tax planning rather than a systematic scheme, while still giving you flexibility to time your credit card applications around when you need to hit minimum spend requirements.
I've been considering this strategy myself and appreciate all the insights here. One additional angle I'd suggest is looking at safe harbor rules for estimated taxes. If you pay either 100% of last year's tax liability or 110% (for higher income earners), you're automatically safe from underpayment penalties regardless of how much you actually owe. This gives you a legitimate framework for "conservative" estimates that could result in systematic overpayments. You could base your estimated payments on projections that ensure you hit these safe harbor thresholds, and if your actual income ends up lower, the overpayment becomes a natural byproduct of following IRS safe harbor guidelines. The beauty of this approach is that you're literally following an IRS-recommended strategy for avoiding penalties. It's hard for them to question a methodology they explicitly endorse, even if it results in consistent overpayments when combined with credit card optimization. Just make sure to document your safe harbor calculations each year to show you're following established tax planning principles rather than arbitrary overpayment amounts.
Have you tried checking your account transcript on the IRS website? This can sometimes show the status of abatement requests before you get the official letter. Just go to irs.gov and look for "Get Transcript Online." The transcript will show if they've processed any adjustments to your account.
This is great advice! I did this for my own abatement request and saw a code 271 on my account transcript which showed the adjustment was approved before I ever got the letter. Saved me weeks of wondering!
I went through almost the exact same situation with my daughter's account last year. The good news is that you absolutely will get your money back if the abatement is approved - paying early actually works in your favor since it stops additional penalties from accumulating. For minor children's filing requirements, the IRS typically considers the parents' compliance history for first-time penalty abatement requests. Since this was an honest mistake about a filing requirement you hadn't encountered before (kiddie tax rules are confusing!), and assuming you have a clean filing history, your chances are pretty good. One tip: definitely check your account transcript on irs.gov periodically. Sometimes you'll see the adjustment processed there before you receive any official correspondence. Look for transaction codes that indicate penalty adjustments - it can give you peace of mind while waiting for the formal decision letter. The timeline really varies by service center, but 8-16 weeks is typical. Since your accountant has gone MIA, you might want to consider following up yourself if you don't hear anything by early February. You can always call the practitioner priority line if needed, though expect long hold times.
Just an FYI - I'm an enrolled agent and we've seen this exact issue with multiple tax software packages this year. It seems to be a software implementation problem rather than an actual change in IRS policy. The Form 5329 instructions (even the 2023 version) still clearly state you can request a waiver by entering "RC" and attaching an explanation. Nothing in SECURE Act 2.0 changed this procedure. If you're using tax software that won't let you properly code the waiver, you might consider switching software or as someone else suggested, paper filing with the appropriate modifications.
Is there any problem with filing different tax forms using different software? Like could I do most of my return in H&R Block but then do just the Form 5329 in FreeTaxUSA and combine them when I file?
I wouldn't recommend mixing different tax software for different forms on the same return. Each software package calculates interconnected values across multiple forms, and manually combining them could lead to calculation errors or inconsistencies that might trigger IRS notices. A better approach would be to complete your entire return in software that properly handles Form 5329 waivers (like FreeTaxUSA as mentioned earlier), or use the paper filing workaround with H&R Block where you manually override the penalty calculation. The risk of errors from mixing software outputs usually isn't worth the convenience.
As someone who's dealt with similar Form 5329 penalty waiver issues, I can confirm that the IRS hasn't changed their policy on this. You're absolutely right to be confused by H&R Block's approach - their software seems to have a bug or misinterpretation of the rules. I encountered this exact same problem last year with excess IRA contributions. After getting frustrated with my tax software insisting I pay upfront, I called the IRS directly (took forever to get through) and spoke with a specialist who confirmed that the waiver process hasn't changed. You still enter "RC" in the penalty amount box on Form 5329 and attach your reasonable cause statement. The specialist also mentioned they've been getting a lot of calls about this because several tax software companies seem to have implemented incorrect logic around Form 5329 penalties. She specifically said that SECURE Act 2.0 didn't change the penalty waiver procedures at all. My suggestion would be to either switch to software that handles this correctly (like FreeTaxUSA as you mentioned), or if you're committed to H&R Block, use their software to prepare everything else but paper file with manual corrections to Form 5329. Don't let software bugs force you into paying penalties you legitimately don't owe!
Thanks for sharing your experience! It's really frustrating when tax software creates problems that don't actually exist in the real tax code. I'm curious - when you called the IRS, did they give you any insight into why multiple software companies seem to have gotten this wrong? It seems like such a basic implementation issue that it's hard to understand how it became so widespread across different platforms. Also, did you end up getting your waiver approved? I'm wondering if there are any common mistakes people make in their reasonable cause statements that could hurt their chances, since it sounds like the actual filing process is straightforward once you get past the software issues.
I had a similar experience calling the IRS about this exact issue! The agent I spoke with mentioned that several major tax software companies apparently misinterpreted some technical guidance related to SECURE Act 2.0 implementation. Even though the Act didn't change Form 5329 waiver procedures, it seems like software developers got confused during their updates and accidentally modified their penalty calculation logic. Regarding my waiver - yes, it was approved! The key things the IRS agent told me to include in my reasonable cause statement were: 1) Clear explanation of what caused the excess contribution/distribution, 2) Documentation that it was an honest mistake or due to circumstances beyond my control, 3) Steps I took to correct it as soon as I discovered the error, and 4) My history of tax compliance. She emphasized being specific and factual rather than emotional in the explanation. The whole experience really highlighted how important it is to verify tax software calculations against the actual IRS forms and instructions, especially for more complex situations like retirement account penalties.
Thank you all for the helpful advice! I'm feeling much less panicked now. Based on everyone's suggestions, I'm going to: 1. Complete Form 3520 today and mail it certified mail tomorrow morning 2. Include a brief explanation letter with my SSN and tax year info 3. Keep it simple - acknowledge the oversight and emphasize I'm filing immediately upon discovery Maya, your experience with being 2 weeks late and having no penalty is really reassuring. I'm also going to look into both taxr.ai and Claimyr in case I need additional help or need to speak with the IRS directly. One quick question - should I reference the specific foreign trust details in my explanation letter, or just keep it general about discovering the filing requirement? I don't want to overcomplicate things but also want to be transparent. Really appreciate this community helping a stressed taxpayer out!
I'd keep the explanation letter general and professional. Just mention that you recently discovered the Form 3520 filing requirement and are submitting it immediately upon realizing the oversight. No need to go into specific details about the trust itself in the cover letter - all those details belong on the actual form. Your plan sounds solid! The certified mail is definitely worth it for peace of mind. I've seen people stress about this exact situation and it usually works out fine when you handle it promptly like you're doing. The IRS generally recognizes good faith efforts, especially for complex international reporting requirements that many taxpayers aren't familiar with.
Just wanted to chime in as someone who's dealt with Form 3520 issues before. Your plan sounds excellent - certified mail with return receipt is absolutely the way to go, and keeping the explanation letter brief but clear is smart. One thing I'd add: make sure you're filling out the form completely and accurately. The IRS is pretty particular about Form 3520, so double-check all the sections that apply to your situation. If you're unsure about any part, it might be worth having a tax professional review it before you send it in. Also, keep copies of everything - the completed form, your explanation letter, the certified mail receipt, and the return receipt when it comes back. Having that paper trail will be invaluable if any questions come up later. You're handling this the right way by addressing it immediately. Most people in your situation who file promptly with a reasonable explanation don't face penalties. The IRS tends to be more understanding when you show good faith effort to comply once you realize the requirement.
This is really helpful advice! I'm curious about getting a tax professional to review the form - do you think it's worth the cost for a one-time filing, or is Form 3520 straightforward enough to complete accurately on your own? I'm trying to balance being thorough with not spending a fortune on professional fees for what might be a relatively simple form. Also, when you mention keeping copies of everything, how long should someone hold onto those records? I assume it's longer than the typical 3-year rule for tax returns since this involves foreign reporting requirements.
Luca Ferrari
Another approach that worked for me last tax season - check if H&R Block has a "Review" or "Summary" section before you file. Many tax software programs generate a comprehensive review document that includes all your entries in a more accessible format. In H&R Block, look for something like "Review Your Return" or "Tax Summary" - this often creates a consolidated view of all your forms and schedules. Sometimes this review format is more copy-friendly than the individual input screens. Also, if you're comfortable with it, you might try using browser developer tools if you're using the online version of H&R Block. Press F12, go to the Console tab, and sometimes you can access the underlying data that way. It's a bit technical but I've seen people extract form data this way when normal copy functions are blocked. The combination of these suggestions from everyone should definitely save you from having to manually type all 51 transactions!
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Sadie Benitez
β’The Review/Summary section is brilliant advice! I wish I had known about this earlier. Just found it in my H&R Block - it's under "File" then "Print/Save Returns" and there's an option for "Tax Return Summary" that shows everything in a much cleaner format. Still testing if I can copy from there, but even if not, it's definitely going to be way easier to work with for screenshots or OCR than the cluttered input screens. You've potentially saved me hours of formatting headaches!
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Javier Garcia
Just wanted to share another potential workaround that saved me last year - if you have access to the actual 1099-B forms from your broker (Fidelity in your case), you might be able to download them directly from their website in a more Excel-friendly format. Most major brokerages like Fidelity, Schwab, etc. allow you to download your tax documents as PDFs, and some even offer CSV or Excel exports of your transaction history. Log into your Fidelity account and look for a "Tax Documents" or "Year-End Documents" section. The advantage is that this data comes straight from the source and won't have any transcription errors that might occur from copying between software programs. You can then use this to verify what you've entered in H&R Block rather than trying to extract it from the tax software. I found my broker's export was actually more detailed than what the tax software showed, which helped me catch a few small discrepancies. Worth checking before going through all the screenshot/OCR steps!
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Freya Nielsen
β’This is excellent advice! I actually forgot that I could go directly to the source. Just logged into my Fidelity account and found they have a "Tax Forms & Information" section where I can download all my 1099-B data as both PDF and CSV formats. The CSV export is exactly what I needed - it has all the transaction details in neat columns that I can directly import into Excel. This is probably the cleanest solution since it eliminates any potential OCR errors or formatting issues. Thanks for reminding me to check the source first before wrestling with the tax software!
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