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I'm confused about whether the answer to the TurboTax question affects anything in the actual tax forms that get submitted to the IRS. Does answering "yes" to their question about prior disaster distributions actually show up anywhere on your final tax return?
The question is mainly for TurboTax's internal processing to determine what forms and questions to present to you next. Your "yes" answer by itself doesn't necessarily appear directly on a tax form, but it helps the software determine if it needs to generate certain forms or ask additional questions. In this specific case, even though saying "yes" might prompt some additional questions, you've already completed the 3-year reporting requirement, so it shouldn't result in any additional tax forms being generated for your 2023 return. It's more of a screening question than something that directly impacts your tax forms.
I just went through this exact same scenario with my 2023 taxes! I had a COVID-related disaster distribution in 2020 and used the 3-year spread option. TurboTax kept asking about prior disaster distributions and I was worried I'd mess something up. What helped me was understanding that the question is really just TurboTax trying to figure out if there are any ongoing tax implications from previous distributions. Since you've already completed your 3-year reporting cycle (2020-2022), there's nothing more to report for that specific distribution. I ended up answering "yes" to the question, and TurboTax walked me through a few follow-up questions but ultimately didn't generate any additional forms for 2023. The software is smart enough to recognize when you've completed the reporting requirements. One tip: keep copies of your 2020-2022 returns with the 8915-E and 8915-F forms handy in case you need to reference the amounts you previously reported. It gave me peace of mind to double-check that everything added up correctly across the three years.
Code 971 just means they're sending you a notice - don't panic! I went through this same thing a few months back and it turned out to be no big deal. While you're waiting for the letter to arrive, you might want to check out taxr.ai to get a breakdown of what's actually happening with your return. It's only $1 and gives you way more detail than trying to decode these cryptic codes yourself. Saved me a lot of stress when I was in your shoes! š
Has anyone considered that it might just be easier to get a prenup? I'm not a lawyer but wouldn't that be a simpler way to establish which assets are pre-marital vs. marital property, including the entire HSA account?
This is actually the most practical solution. I went through a divorce last year and had a similar concern with my HSA. Our prenup clearly specified that my HSA (including all future growth) remained separate property. It was WAY simpler than trying to juggle multiple accounts and maintain separate records for years.
I'm a tax attorney who's dealt with this exact scenario multiple times. The consensus here is correct - you absolutely cannot open a new HSA without current HDHP coverage, even for transfers from existing HSAs. However, I want to address the underlying asset protection concern. While detailed record-keeping is helpful, it's not bulletproof in divorce proceedings. Courts can still rule that investment growth during marriage constitutes marital property regardless of your documentation. The prenup suggestion is spot-on and would be much more legally robust. You could specify that your entire HSA (including future appreciation) remains separate property. Alternatively, the prenup could establish that only the pre-marital balance stays separate, with post-marriage growth being marital property - which achieves exactly what you were trying to do with separate accounts. Given that you're getting married in a few months, consulting with a family law attorney about including HSA provisions in a prenup would be far more effective than trying to navigate HSA eligibility rules. The legal protection would be stronger and you wouldn't have to wait for open enrollment periods or manage multiple accounts.
Looking at your transcript, that code 291 from November reducing your assessment by $656 is actually a good sign - it means the IRS made an adjustment in your favor. Combined with your $0 balance, it suggests they've finished their review work. The hold might be close to releasing since they've completed the adjustments. I'd expect movement on your refund within the next few weeks, especially since it's been months since the initial CP05 notice. Keep checking your transcript for any new codes!
Danielle Mays
Has anyone had experience with changing the account owner on a 529 plan? I'm thinking about making my son the owner of his 529 to simplify this whole process for future years.
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Roger Romero
ā¢I did this when my daughter turned 22. It was actually pretty simple - I just had to fill out a change of ownership form with our 529 plan administrator. But check with your specific plan first, as some plans have restrictions on changing ownership.
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Zara Shah
Just went through this exact situation last year with my daughter! The key thing to remember is that even though you own the 529 account and receive the 1099-Q, your son can absolutely claim the education credits on his own return as long as he's not your dependent. Here's what we learned: The 1099-Q itself doesn't need to be "reported" as income if all the distributions went toward qualified education expenses. Your son would claim the American Opportunity Tax Credit or Lifetime Learning Credit based on the actual tuition and fees paid, regardless of the funding source. One important note - make sure to run the numbers both ways before deciding. Sometimes parents in higher income brackets actually benefit more from claiming the dependent exemption than the student gains from the education credits, especially if the student has little other income. But if you're phased out of the education credits due to income limits, then having your son claim himself usually makes more sense. Also keep good records showing the 529 distributions matched up with qualified expenses, just in case the IRS has questions later. The account ownership doesn't matter for tax purposes - what matters is who the beneficiary is and whose education expenses were paid.
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