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Has anyone had to deal with this for previous tax years? I just realized I over-contributed to my 401k in 2022 when I had two jobs, but I already filed and received my refund for that year. Is it too late to fix? Would I need to file an amended return?

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Tony Brooks

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Unfortunately, you're in a tougher situation. The IRS requires excess deferrals to be withdrawn by April 15 of the year following the contribution (so April 15, 2023 for 2022 contributions). If you miss that deadline, you can't avoid the double taxation issue - you'll pay taxes on that money now AND when you eventually withdraw it in retirement. You should still contact your plan administrator to discuss options, but be prepared that you might not be able to avoid the double taxation at this point. You may need to file an amended return, but talk to your plan administrator first to understand your specific situation.

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That's exactly what I was afraid of. So basically I'm stuck with double taxation because I didn't catch it in time? That's frustrating, but I appreciate you being straight with me. I'll call my administrator tomorrow but won't get my hopes up.

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Just went through this exact same situation last month! I over-contributed by about $2,800 when I switched jobs mid-year. Here's what worked for me: 1. Called my current 401k provider (not the old one) and explained I exceeded the annual limit due to job change 2. They handled everything - calculated the excess plus earnings and processed the corrective distribution 3. Got my 1099-R about 10 days later 4. Filed my taxes normally, reporting the excess distribution as income for 2024 The key thing that surprised me was that the earnings on the excess contribution get taxed in the year you receive the distribution (2024), not 2023. So make sure you understand that when you get your 1099-R. Don't stress too much - this is super common and the 401k providers deal with it all the time. Just make sure you get it handled before April 15th to avoid the double taxation issue that @Haley Bennett mentioned for previous years.

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How to fix double taxation of RSUs? Cost basis showing as $0 on 1099-B

Hey everyone! I'm freaking out a bit about my taxes this year. I got promoted last year and my company's stock did really well, so my RSUs increased a lot in value. My total income jumped from about $213K to $298K according to my W-2 ($175K salary and roughly $123K in RSUs). The problem is when I started doing my taxes, what I owe went from around $800 last year to a whopping $32K this year! I know I probably didn't have enough withheld, but $32K seems insane! I think something else might be going on. I received a 1099-B for my RSUs that shows about $72K in Short Term Gains (Box B) with a $0.00 Cost Basis. I'm still learning about all this tax stuff, but it seems like the main issue is that I'm being asked to pay capital gains tax on the $72K from my RSUs. But I already paid taxes on these when they vested (and I sold them immediately after vesting). Also, TurboTax is calculating my income at around $370K because of the 1099-B, but the RSU income is already included in my W-2. Isn't this counting the same income twice? After searching online, I found an article mentioning RSU "double taxation" that happens when the cost basis isn't correctly listed on the 1099-B. Has anyone dealt with this before? The article mentioned filling out an additional form, but after looking it over, I'm not sure what information I need to provide. I'm considering hiring a tax professional instead of using online software this year to make sure this is handled correctly. Any advice would be super appreciated!

Don't feel bad, almost everyone runs into this the first time they deal with RSUs! My company didn't explain ANY of this when I first got equity. I paid an extra $9k in taxes before a coworker told me about the cost basis adjustment. A handy trick: if you use TurboTax, when you get to the investment income section, there should be a question about "Did you receive RSU or ESPP income that's included in your W-2?" If you answer yes, they'll walk you through the adjustment process. They've gotten better about this in recent years.

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Emma Davis

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That's really helpful, thank you! I'll look for that specific question in TurboTax. Do you remember roughly where in the process that question appears? I feel like I might have missed it.

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It usually appears right after you enter your 1099-B information, when TurboTax is reviewing your stock sales. If you've already gone past that section, you can go back and look for something like "I'll choose what I want to review" or "Other investment income questions" and it should be in there. Also worth checking - sometimes TurboTax automatically detects possible RSU sales by comparing your W-2 and 1099-B, and will prompt you with something like "We noticed you may have RSU sales..." If you still can't find it, search within TurboTax for "RSU" and it should point you to the right section.

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Zoe Stavros

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Just went through this exact same situation last month! You're absolutely right that this is double taxation. Here's what worked for me: 1. **Get your vesting records**: Log into your brokerage account (or HR portal) and download the detailed vesting statements. These show the exact fair market value on each vesting date - that's your true cost basis. 2. **Form 8949 is your friend**: When you enter your 1099-B sales in your tax software, you'll need to adjust the cost basis. The "proceeds" amount from the 1099-B is correct, but you need to replace the $0 cost basis with the actual vesting value. 3. **The math**: Your capital gain should only be the difference between the sale price and the vesting price (if you sold immediately after vesting, this should be close to zero or even a small loss due to fees). I was initially showing a $45K tax bill that dropped to under $3K after fixing the cost basis. The key is making sure the RSU income isn't counted twice - once on your W-2 as ordinary income and again as capital gains. If you're still nervous about doing it yourself, definitely consider a tax pro who deals with equity compensation. This is super common and they'll know exactly how to handle it. Don't let the IRS double-dip on your RSU income!

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Rachel Clark

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Has anyone actually calculated how much this costs in terms of retirement savings? When I faced this issue, I did the math: With a $1000/month housing allowance excluded from 401k, and a 5% employer match, I was missing out on $600/year in employer matching contributions. Over 30 years at 7% average returns, that's roughly $60,000 in lost retirement savings! This doesn't even count the tax advantages I was missing from not being able to contribute my own pre-tax dollars from that portion of my income.

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Wow, I never thought about the long-term impact like that. I'm getting about $1,500/month housing allowance and my employer matches 6%. That would be over $1,000/year in matching I'm missing, which would be like... $100,000+ over my career? That's definitely worth bringing up with HR.

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This thread has been incredibly helpful - I'm dealing with almost the exact same situation! My employer excludes my $800/month housing stipend from 401k calculations but taxes it as regular income. After reading through everyone's experiences, I think my next step is to request a copy of our Summary Plan Description to see exactly what our plan document says about eligible compensation. If it's vague or inconsistent with how they're actually handling it, I might have grounds to negotiate. The long-term impact calculations really opened my eyes too. Missing out on employer matching for that portion of my compensation could cost me tens of thousands in retirement savings over my career. Even if I can't get them to change the plan retroactively, it's definitely worth discussing during my next performance review to see if we can restructure my compensation package. Has anyone had success getting their employer to amend their plan document to include housing allowances? Or is it usually easier to just negotiate for higher base salary instead?

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Jamal Carter

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Has your mom checked whether a "tax-free liquidation" under Section 337 might be possible? It's complicated but can sometimes allow for liquidation without recognizing gains. Also, don't forget to look into "step-up in basis" rules since the assets were inherited - this might significantly reduce any potential tax impact on sale.

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Mei Liu

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I don't think Section 337 applies anymore except in very limited cases after the 1986 tax changes. Most business liquidations are taxable events now. But the step-up in basis point is super important! That alone could save thousands in taxes.

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Carmen Diaz

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I'm so sorry for your loss. Closing a business after a death is incredibly overwhelming, especially when you're still grieving. One important thing to consider is the timing of everything. Your mom has inherited these business assets with what's called a "stepped-up basis" - meaning their tax basis is reset to fair market value as of your dad's date of death. This can actually save a lot in capital gains taxes compared to what your dad would have owed if he had sold them while alive. Before making any major decisions about selling assets to family members, I'd strongly recommend having your mom meet with both an estate attorney AND a tax professional who specializes in business closures. The accountant's confusing explanation might be because there are several different tax strategies that could apply depending on how the business was structured (sole proprietorship vs. LLC vs. corporation) and the total value of assets involved. Also, your mom doesn't necessarily have to rush this process unless there are pressing debts or lease obligations. Taking time to properly value everything and find legitimate buyers at fair market prices will likely result in better outcomes than quick sales at below-market rates. The inventory and equipment in those shipping containers might be worth more than you think, and rushing to liquidate could leave money on the table that your family deserves.

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Mateo Warren

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Have you considered getting the EIN for the trust (if it doesn't already have one) and filing a final 1041 marked as "Final Return"? That would formally close out the trust's tax obligations. I helped my brother with a similar situation and we found filing a final return even with minimal income was important for clean record-keeping. We were able to deduct all the expenses you mentioned (depreciation, utilities, legal fees) which brought the income below $600, but still filed to properly document the transfer of assets. Also note that the trust will need to issue a Form 1099-MISC to your husband if it paid him more than $600 in rent during the year (assuming he took over ownership partway through the year and the trust paid him rent).

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The trust already has an EIN, so marking it as a final return makes a lot of sense. Do you know if there are any special forms or procedures needed when filing a final 1041 beyond just checking the "Final Return" box? Also, the trust didn't pay my husband any rent - he just became the new owner of the property and started receiving rent directly from the tenant after the transfer. Would we still need a 1099 in this case?

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Mateo Warren

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No special forms are needed beyond checking the "Final Return" box on the 1041. However, make sure you complete Schedule K which summarizes the income, deductions, and credits allocated to beneficiaries. Since your husband is the sole beneficiary, you'll need to issue him a Schedule K-1 showing his allocation of all items. You don't need to issue a 1099-MISC in your situation. I misunderstood and thought there might have been rent payments between entities. Since the tenants paid the trust directly when the trust owned the property, and then paid your husband directly after the transfer, no 1099 is needed between the trust and your husband. The change in ownership is documented by the property transfer documents.

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Sofia Price

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Just be careful with the depreciation calculations if the property was already being depreciated before it went into the trust. When I inherited a rental through a trust, I messed up by starting depreciation from the full value again instead of continuing the existing depreciation schedule. Also, keep in mind that when you transfer property from a trust to a beneficiary, it's generally not considered a sale, so there's no "step-up" in basis. Your husband will continue the same depreciation schedule that the trust was using, not start over with the current market value.

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Is that always true though? I thought grantor trusts and non-grantor trusts have different rules about basis when property is distributed. Some types of trusts do get a step-up when the grantor dies, right?

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You're absolutely right to bring that up! The basis rules do depend on the type of trust. For revocable trusts (grantor trusts), assets typically do get a stepped-up basis when the grantor dies, so the beneficiary would start with the fair market value at death rather than the original cost basis. However, for irrevocable trusts, the rules are different - beneficiaries usually receive a carryover basis (the trust's basis) rather than stepped-up basis. Since Oliver mentioned this was his father-in-law's trust and they had to transfer the property to his husband as the beneficiary, it sounds like this might have been created after the father-in-law's death, but the specific type of trust and timing would determine the basis rules. @a85248d287e9 - you might want to check what type of trust this was and whether it was funded before or after your father-in-law passed away, as this will affect how you calculate the depreciation basis going forward.

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