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If you have your last paystub from December, it should show year-to-date totals for all your earnings and withholdings. You can actually use those numbers to fill out a Form 4852 (Substitute for W-2) if your employer doesn't correct this soon. I had to do this once when my employer went bankrupt before sending W-2s. Just be sure to explain on the form that your original W-2 had empty boxes 1-6. The IRS will follow up with your employer about it.

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Freya Ross

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Thanks for the advice about Form 4852! I do have my December paystub with all the YTD numbers. Would I need to attach my paystub to the form as proof? And do I need to tell my employer I'm doing this, or will the IRS contact them directly?

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You don't need to attach your paystub to Form 4852, but definitely keep it for your records in case the IRS has questions later. You should make a good faith effort to get a corrected W-2 from your employer first - document your requests by email if possible. The IRS will contact your employer about the discrepancy, so they'll find out eventually. It's generally better to tell them what you're doing as a courtesy, but you're not legally required to inform them. The most important thing is getting your taxes filed accurately and on time using the information you have available.

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I'm a restaurant manager too, and this happened at our place last year because of a software update in our payroll system. Check your paystubs against your bank deposits to make sure you're actually getting paid correctly first. Sometimes when boxes 1-6 are empty, it means you've been miscategorized in the system. Our payroll company had accidentally marked several managers as "statutory employees" which messed up their W-2s. Took about 2 weeks to get corrected W-2s issued. Definitely don't file with the empty W-2!

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Is "statutory employee" that checkbox in Box 13? What exactly does that even mean and why would it cause Boxes 1-6 to be empty?

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Yes, "statutory employee" is checkbox 13-2 on the W-2. Statutory employees are a special category where you're treated as an employee for Social Security and Medicare purposes, but as an independent contractor for federal income tax purposes. This means no federal income tax is withheld from your pay (which is why boxes 1-2 would be empty), but Social Security and Medicare taxes are still withheld (boxes 3-6 should still have numbers). Most restaurant managers definitely shouldn't be classified as statutory employees - that's typically for certain salespeople, life insurance agents, and piece-work workers in specific industries. If you're a regular restaurant manager on salary or hourly wages, you should be a regular employee with all boxes filled out normally.

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GalaxyGlider

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Has anyone used the IRS Free File options for filing prior years? Can you still use the free services for past years or do you have to pay?

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Mei Wong

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Most of the Free File options only work for the current tax year. For previous years, you usually have to use the paid version of the software. I tried to use the free version for a late 2022 return and couldn't - ended up paying about $70 for TurboTax to file the previous year.

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Sasha Ivanov

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Hey Mateo! Don't panic - you're definitely not as screwed as you think you are. Since you mentioned you were probably due a refund, you're actually in a pretty good spot. A few key points to ease your mind: 1. If you were owed a refund, there's no failure-to-file penalty for filing late 2. You have 3 years from the original due date to claim your refund (so until April 2027 for your 2023 taxes) 3. You can absolutely file your 2024 return on time this year - each tax year is handled separately My recommendation: File that 2023 return ASAP to get your refund, then focus on getting your 2024 taxes done by the April deadline. If you need help organizing your documents or figuring out the process, there are good resources mentioned in this thread, but honestly for a straightforward W-2 situation, most standard tax software should handle it just fine. The most important thing is to not let this stress paralyze you - you've got this handled!

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This is really reassuring to hear! I'm in a somewhat similar situation where I missed filing last year due to some major life changes. It's good to know that the IRS treats each tax year separately - I was worried that I'd have to get everything sorted for the missed year before I could file this year's return. @b4ff4b44430f - sounds like you're handling this the right way by addressing it now rather than letting it pile up. The 3-year window for claiming refunds is definitely something I didn't know about before reading this thread. @17b3860aed3b - thanks for breaking this down so clearly! Do you happen to know if there's any difference in how long it takes to process a late return compared to a current year filing?

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Myles Regis

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Has anyone dealt with a situation where they rented out part of their house during the ownership period? I'm in a similar situation as OP but I rented out my basement for about 4 years of the 15 I've owned my house. Not sure how that affects the capital gains exclusion.

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Brian Downey

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If you rented out part of your home, you'll need to allocate the gain between the residential and rental portions. The part that was used as rental is subject to depreciation recapture and might not fully qualify for the exclusion. I had to do this calculation last year - you basically determine what percentage of your home was rented (by square footage usually) and for what percentage of your ownership period.

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Just wanted to add another important consideration for your situation with your son on the deed - make sure you understand the "lookback" rule if you're planning to sell in 2026. If your son was added to the deed for estate planning purposes but hasn't met the 2-year ownership requirement yet, you might want to time the sale strategically. For example, if he was added to the deed in early 2024, he'd meet the ownership test in early 2026. Combined with the use test (if he's been living there), this could make a significant difference in your tax liability. Also, since you mentioned you've lived there 18 years continuously, you definitely meet both tests for the full exclusion. Just make sure to keep good records of when your son was added to the deed and his residency status to properly calculate each person's eligibility when you file.

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This is really helpful timing advice! I hadn't thought about strategically planning the sale date around the 2-year ownership requirement. Since estate planning often involves adding family members to deeds relatively recently, this could be a common issue for people in similar situations. Quick question - does the 2-year ownership requirement need to be exactly 2 full years, or is it 2 years out of the 5-year period before the sale? I want to make sure I understand the timing correctly for my own situation where I'm considering adding my daughter to my home's deed.

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A lot of good advice here but something important is being missed - the SECURE Act changed the RMD age from 70½ to 72, and then SECURE 2.0 changed it again to 73 for people born 1951-1959. Your father being 79 now (born around 1945?) would have hit RMD age under the old rules. Also, depending on how small the Simple IRA is, you might want to consider a full withdrawal to simplify things going forward, especially if managing annual RMDs will be challenging with his condition.

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That's not quite right. The SECURE Act changes were effective beginning in 2020. If OP's father turned 70½ before 2020 (which seems likely given his age), he would have been required to take RMDs under the old rules starting at 70½, not 72.

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You're totally right, my mistake. Since OP's father is 79 now, he would have turned 70½ around 2015-2016, before the SECURE Act took effect. So he would have been subject to the original 70½ rule. Thanks for the correction. That actually makes the missed RMD situation even more significant since it would include more years. This further emphasizes why getting proper documentation of his cognitive decline is crucial for requesting penalty waivers.

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Amun-Ra Azra

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This is a challenging situation but you're taking the right steps to get your father back into compliance. Based on my experience helping elderly clients with similar issues, here are a few additional considerations: 1. **Documentation timing is crucial** - Get a letter from his doctor that specifically states when his cognitive decline began affecting his ability to manage financial affairs. This will be key for the penalty waiver requests. 2. **Consider the timing of distributions** - Rather than taking all missed RMDs immediately, you might want to spread them across 2024-2025 to manage the tax impact, while still filing the 5329 forms for each missed year. 3. **State tax implications** - Don't forget to check if your state has any additional requirements or penalties for missed RMDs. 4. **Future planning** - Once you get this resolved, consider setting up automatic distributions from the IRA to prevent future missed RMDs, especially given his condition. The IRS really is understanding in these situations when there's documented medical cause. Focus on getting that medical documentation first, then work through each year systematically. A tax professional experienced with elder financial issues would be a good investment here given the complexity and multiple years involved.

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Aisha Ali

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This is incredibly helpful advice, especially the point about spreading the distributions across multiple years. I hadn't thought about the tax impact of taking everything at once. One question - when you mention getting medical documentation about when the cognitive decline began, does this need to be from a specialist like a neurologist, or would documentation from his primary care physician be sufficient? We haven't had him formally evaluated by a specialist yet, but his regular doctor has been noting memory and decision-making issues in his chart for the past few years. Also, regarding the automatic distributions for the future - is that something the IRA custodian can set up, or does it require special arrangements?

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Luca Ferrari

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This is a really common situation that catches a lot of people off guard! As others have mentioned, Decision HR is acting as a PEO (Professional Employer Organization) for your company. Think of it like this: your marketing agency is still your "real" employer who hired you, manages your work, and makes decisions about your role, but Decision HR handles all the payroll processing, tax withholding, and W-2 generation behind the scenes. The key thing for your taxes is that you should file based on where you actually work (Colorado), not where the PEO is located (Florida). Since your W-2 shows Colorado state taxes were withheld, you're all set to file your Colorado state return as usual. The IRS and state tax systems are very familiar with this arrangement. It's unfortunate your HR didn't explain this transition better - most companies do communicate when they start using a PEO since it can be confusing when employees get their W-2s. But from a tax perspective, you can proceed normally with filing. Just enter the W-2 information exactly as it appears, and any tax software you use will handle the state filing correctly based on where the work was performed.

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StarSeeker

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This is such a helpful explanation! I'm actually dealing with something similar right now - my company just switched to using a PEO this year and I was wondering what would happen when I get my W-2 next January. It's reassuring to know that the tax software will handle it automatically and I won't need to do anything special. One question though - if the PEO is handling benefits too, does that change anything about how I report things like health insurance premiums or HSA contributions on my taxes? Or do those just flow through normally on the W-2 regardless of the PEO arrangement?

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Great question! Benefits handling through a PEO actually flows through pretty seamlessly on your tax documents. Your health insurance premiums, HSA contributions, 401(k) deferrals, etc. will all show up in the appropriate boxes on your W-2 just like they would if your company handled payroll directly. The PEO processes all of this information and reports it correctly to the IRS, so you don't need to do anything different when filing. Box 12 will still show your HSA contributions with code W, health insurance premiums will be reflected in the appropriate sections, and pre-tax deductions will be handled normally. The only thing that might look slightly different is if your company switched benefit providers when they moved to the PEO - but even then, the tax reporting requirements remain the same. Just make sure to keep any benefit statements or summaries your company provides, as those can be helpful for your records even though the W-2 will have all the info you need for filing.

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This thread has been incredibly helpful! I'm a tax preparer and see this PEO confusion every season. Just wanted to add that if anyone is still worried about their specific situation, you can always call the number on your W-2 (which should be Decision HR's contact info) to verify that everything was processed correctly. Also, keep in mind that some PEO arrangements can affect things like unemployment benefits if you ever need them, since technically the PEO is your "employer of record." But for tax purposes, what everyone has said here is spot on - file based on where you work, not where the PEO is located. One last tip: if you're using tax software and it asks about working in multiple states, just indicate that you worked in Colorado even though your W-2 shows a Florida employer address. The software is designed to handle this distinction.

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This is really valuable insight from a professional perspective! I hadn't even considered the unemployment benefits angle - that's something worth knowing about PEO arrangements beyond just the tax implications. Quick follow-up question: when you mention calling the number on the W-2 to verify processing, what specific things should someone ask about? I want to make sure I'm asking the right questions if I need to contact Decision HR directly. Should I be asking about state withholding calculations, or are there other verification points that are important? Also, do you find that most people have issues with the tax software correctly handling the state filing when there's a PEO involved, or does it usually work smoothly once they indicate their actual work location?

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