


Ask the community...
Quick question - does this affect how much I can contribute to an IRA? I've heard that participating in an employer retirement plan can limit IRA deductions, but now I'm confused about whether mandatory 403b contributions count for that limitation.
Yes, it does affect your IRA deduction limits. Both your mandatory AND voluntary 403b contributions count toward determining if you're an "active participant" in an employer retirement plan. So even though they're reported differently on your W-2, both types of contributions can potentially limit your traditional IRA deduction, depending on your income level. When you file your taxes, the software or form will ask if you're covered by a retirement plan at work - the answer is yes if you have ANY 403b contributions, whether they appear in Box 12 or not.
This is such a helpful thread! I'm dealing with the exact same situation at my nonprofit organization. We have mandatory 5% contributions plus I chose to do an additional 3% voluntary contribution. Just to confirm my understanding based on everyone's explanations: my Box 12a Code E should only show the 3% voluntary amount, not the full 8%. But both amounts are still pre-tax and reduce my Box 1 wages, correct? I was getting ready to call payroll thinking they made an error, but now I realize the W-2 is probably correct. It's frustrating how confusing these reporting requirements can be - you'd think there would be clearer documentation about this distinction somewhere!
You've got it exactly right! Your Box 12a Code E should only show the 3% voluntary contribution, not the full 8%. Both the mandatory 5% and voluntary 3% are pre-tax and reduce your Box 1 wages, but only the voluntary portion gets reported with Code E because that's what you "elected" to contribute beyond what was required. I agree the documentation on this is terrible - I had to piece this together from multiple sources when I first encountered it. The IRS instructions for Box 12 just say "elective deferrals" without clearly explaining that mandatory contributions don't count as "elective" even though they're still retirement contributions. It's one of those things that makes perfect sense once you understand it, but is completely confusing until then! Your payroll department is probably doing everything correctly. If you want to double-check, you could ask them to confirm how much was mandatory vs voluntary for the year, but based on what everyone's shared here, your W-2 sounds accurate.
This is such a helpful thread! I'm in a similar situation and was totally confused about the EIN requirements. Just to make sure I understand correctly: I can open a Solo 401k right now as a sole proprietor using my SSN, and then I'll need to get a separate EIN specifically for the retirement plan itself (not for my business). Is that right? Also, when you all mention "Form SS-4 for banking purposes" - is that different from the SS-4 you'd file when starting a new business? I want to make sure I'm checking the right boxes when I apply for the plan EIN. One more question - if I decide to form an LLC later for liability protection, would I need to transfer the Solo 401k to the LLC or can I keep it under my original sole proprietorship structure? Some of the comments mention it depends on how the LLC is taxed but I'm still a bit unclear on the details.
Yes, you've got it exactly right! You can open a Solo 401k right now as a sole proprietor using just your SSN. The plan EIN is completely separate from a business EIN. For Form SS-4, it IS the same form but you'll check different boxes. For the plan EIN, you select "Banking purposes" rather than "Started a new business" - this tells the IRS it's for a retirement plan, not a business entity. Regarding the LLC question - if you form a single-member LLC that's taxed as a disregarded entity (which is the default), you typically wouldn't need to transfer anything. The Solo 401k can stay exactly as it is because from a tax perspective, nothing changes. However, if you elect to have the LLC taxed as an S-Corp or partnership, then you might need to update the plan documentation. Most people stick with the default disregarded entity status specifically to avoid these complications! I'd recommend checking with your brokerage when you're ready to form the LLC - they can walk you through any paperwork updates needed, but in most cases it's minimal or none at all.
This thread has been incredibly helpful! I'm actually a tax preparer and see this confusion all the time with my self-employed clients. Just wanted to confirm what everyone's been saying and add a few practical tips: You absolutely CAN open a Solo 401k as a sole proprietor with just your SSN - I help clients do this regularly. The plan EIN is totally separate and you'll apply for it after opening the account. A few things to keep in mind: - Make sure you have legitimate self-employment income (1099s, business income, etc.) - The contribution deadline is your tax filing deadline (including extensions) - You can actually contribute for 2024 up until April 15, 2025 if you haven't already - Keep good records of your contributions for tax preparation One last tip: if you're making good money as a freelancer, definitely run the numbers on a Solo 401k vs SEP-IRA. The Solo 401k almost always wins for contribution limits, but the SEP-IRA can be simpler if you ever plan to hire employees. Most of my self-employed clients without employees go with the Solo 401k for the higher limits. Good luck with your retirement planning!
This is exactly the kind of expert insight I was hoping to see! As someone new to both freelancing and retirement planning, I really appreciate you breaking down the practical aspects. Quick question about the contribution timing - you mentioned I can still contribute for 2024 until April 15, 2025. Does that mean I could potentially open a Solo 401k in the next few weeks and still make contributions that would reduce my 2024 tax liability? I'm just getting my tax documents together now and realizing I might have missed a huge opportunity to lower my tax bill if I could have been contributing to a retirement account all year. Also, when you say "keep good records of contributions" - is there specific documentation I should be maintaining beyond what the brokerage provides? I want to make sure I'm doing everything correctly from the start.
I was in this situation a few years ago. Make sure your employer is using the correct withholding tables for nonresident aliens! Many HR departments just default to the regular withholding without understanding that NRAs can't claim the standard deduction. For the penalty, file Form 2210 and check the box in Part II that says "The taxpayer requests a waiver of the penalty." Attach a statement explaining that you're new to the US tax system, on a TN visa, and that your employer was withholding incorrectly despite your best efforts. I did this and the IRS waived my penalty completely. It's worth a try!
Diego, you've actually done a really thorough job identifying the key forms! As someone who went through this exact situation on my TN visa, I can confirm you're on the right track with the 1040-NR, Schedule A, Schedule OI, and Form 8840. A few additional considerations based on what others have mentioned: **FBAR reporting** - Since your Canadian checking account exceeds $10,000 USD equivalent, you'll need to file FinCEN Form 114 separately by April 15 (with automatic extension to October 15). **Form 8938** - With your TFSA and Canadian accounts combined, you might exceed the reporting threshold for foreign financial assets. This is separate from FBAR and filed with your tax return. **PFIC complications** - If your TFSA contains mutual funds or ETFs, each one technically requires Form 8621. This is where things get really complex and expensive if you're not careful. **Treaty benefits** - Form 8833 can help you claim specific benefits under the US-Canada tax treaty that might reduce your tax burden. For the underpayment penalty, definitely request first-time penalty abatement since this is your first US filing. The IRS is generally reasonable about waiving penalties for newcomers who made good faith efforts to comply. Your employer should really be using NRA withholding tables since you can't claim the standard deduction. This is a common HR mistake that leaves TN visa holders with unexpected tax bills. You might want to have them adjust this going forward and consider making estimated payments if they can't fix the withholding immediately.
I ran into this exact same issue last year and made the mistake of claiming my pre-tax HSA contributions on line 10 initially. Thankfully my tax software flagged it before I submitted. The key thing to remember is that if your HSA contributions show up on your W-2 in box 12 with code "W", they've already reduced your taxable income for the year. Your employer essentially took that money out before calculating your federal income tax withholding, so you've already gotten the tax benefit. Line 10 on Form 1040 is specifically for HSA contributions that haven't received any tax benefit yet - like if you write a check directly to your HSA provider. Those contributions are made with after-tax dollars, so the adjustment on line 10 gives you the deduction you deserve. One thing that helped me understand this better was looking at my paystub. You can see that HSA contributions come out before federal taxes are calculated, which is why they don't need to be claimed again on your return.
That's a great point about checking your paystub! I never thought to look there to see how the HSA contributions are handled. It really does make it clear when you can see that the HSA money comes out before taxes are calculated on your paycheck. I'm curious - when your tax software flagged the double-counting issue, did it give you a specific error message? I'm using a different program and want to make sure I catch this if I accidentally make the same mistake. Also, do you know if this same rule applies to FSA contributions, or is that handled differently?
Yes, FSA contributions work the same way as HSA contributions in terms of payroll deductions! If your employer takes FSA contributions out pre-tax through payroll, they'll show up on your W-2 in box 12 with different codes (like "S" for health FSA or "D" for dependent care FSA). Just like with HSAs, you don't claim these pre-tax FSA contributions anywhere on your tax return because you've already gotten the tax benefit. The main difference is that FSAs don't have a form like Form 8889 for HSAs - there's typically nothing additional you need to file for FSA contributions since they're all handled through payroll and there's no option to make after-tax contributions to an FSA like you can with an HSA. When my tax software flagged the HSA issue, it gave me a message saying something like "HSA contributions already claimed as pre-tax may result in double deduction" and asked me to verify whether my contributions were made through payroll or directly to the HSA provider. Pretty helpful catch!
This is such a common source of confusion! I made this exact mistake on my first year filing with HSA contributions. What really helped me understand it was thinking of it this way: your employer already gave you the tax break when they took the HSA money out of your paycheck before calculating your federal taxes. If you look at your final paystub for the year, you'll see your "gross pay" versus your "federal taxable wages" - the HSA contributions reduce that taxable wage amount. So when your W-2 shows lower taxable income in box 1, it's already accounting for those HSA contributions. The line 10 adjustment is only for people who made HSA contributions with money that was ALREADY taxed (like writing a personal check to fund their HSA). Those folks deserve to get their tax benefit through the adjustment to income. One tip: if you're using tax software and it seems to be double-counting, look for a question that asks whether your HSA contributions were made "through payroll deduction" or "outside of payroll." That's usually how the software determines whether to apply the line 10 adjustment or not.
Lucy Lam
This is super helpful! I was in the exact same situation last year and was so confused by the ACTC calculation. One thing that helped me understand it better was looking at Form 8812 (Additional Child Tax Credit worksheet) - it breaks down all the steps they use. The key thing I learned is that ACTC only applies when your regular CTC exceeds your tax liability, so you're basically getting the "leftover" credit as a refund. It's actually pretty generous once you understand how it works!
0 coins
Victoria Jones
ā¢Thanks for mentioning Form 8812! I never thought to look at the actual worksheet. That makes so much more sense - I was wondering why I got money back when I thought I'd already used up my child tax credit. The "leftover" explanation really clicks for me.
0 coins
Ayla Kumar
ā¢This is exactly what I needed to hear! I've been doing my taxes for years but never really understood why sometimes I get ACTC and sometimes I don't. The "leftover credit as refund" explanation makes it crystal clear. Definitely going to pull up Form 8812 next time to see the breakdown step by step. Thanks for sharing that insight!
0 coins
QuantumQuasar
Just wanted to add my experience here - I had the same confusion last year with my ACTC amount! What really helped me was understanding that the ACTC calculation can vary so much based on your specific tax situation. For example, if you have multiple kids, the calculation gets more complex because each child can generate up to $1,500 in ACTC, but it all depends on your earned income and how much regular CTC you already used. The IRS Publication 972 also has some good examples that walk through different scenarios. It's definitely one of those tax provisions that seems simple on the surface but has a lot of moving parts underneath!
0 coins