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I dealt with a similar medical hardship situation two years ago when my wife needed emergency surgery that insurance partially denied. The $3,400 you're facing should definitely qualify - here's what worked for me: Submit Form 911 immediately along with: 1) The complete medical records showing the MRI was ordered by your doctor, 2) Your insurance EOB (Explanation of Benefits) showing the denial, 3) A detailed financial statement showing your monthly income/expenses. The IRS considers medical expenses a priority hardship, especially when they're unexpected and medically necessary. In my case, they approved hardship status within 18 days and allowed me to defer payment while setting up a manageable installment plan. Pro tip: when you call the Taxpayer Advocate Service, mention it's for "medical hardship" right away - they have a separate queue that moves faster. Don't stress too much about the April 15th deadline - once you file Form 911, they typically put a hold on any collection activities while reviewing your case.
This is excellent advice, especially about mentioning "medical hardship" upfront when calling - that queue tip could save hours of waiting. I'm curious about the installment plan you mentioned - was that something they offered automatically with the hardship approval, or did you have to request it separately? Also, the 18-day timeline is reassuring given the April deadline pressure. Thanks for sharing your experience with the process!
I went through this exact process last year for my father's unexpected dialysis treatment costs. The $3,400 amount definitely qualifies - the IRS doesn't have a minimum threshold, they look at it relative to your ability to pay. Key things that made my case successful: 1) Filed Form 911 within 48 hours of getting the insurance denial, 2) Included a timeline showing the medical emergency nature (sudden onset requiring immediate testing), 3) Got a letter from the treating physician explaining why the contrast MRI was the only diagnostic option available. The TAS assigned my case to a local advocate who actually called me back the same day. They put an immediate hold on any potential penalties while reviewing. My advice: don't just submit the forms online - also call the TAS hotline at 1-877-777-4778 and explain it's an urgent medical hardship with a filing deadline. They expedited my case and I had approval in 12 days. The relief was retroactive to my filing date, so even though April 15th is approaching, you'll be protected once you submit the paperwork. Also, make sure to request Currently Not Collectible status on the form if you truly can't pay - it's different from hardship but often granted together for medical situations.
Don't forget that when you withdraw excess HSA contributions, the earnings portion is taxable as "other income" in the year you make the withdrawal! I learned this the hard way. The excess contribution itself isn't taxed again if you already included it in income (which you would have if it was through your employer's payroll), but the earnings definitely are taxable.
Is there also a penalty on the earnings portion? I thought I read somewhere that earnings are subject to an additional 10% tax if you're under 65.
Yes, you're absolutely right! The earnings portion on excess HSA contributions is subject to both regular income tax AND the 10% early withdrawal penalty if you're under 65. This is different from normal HSA withdrawals for qualified medical expenses, which are both tax-free and penalty-free. So when you withdraw the excess contribution earnings, you'll pay your marginal tax rate plus an additional 10% penalty on just the earnings portion (not the original excess contribution amount).
I've been through a very similar situation and want to emphasize something that might save you stress: the IRS is generally reasonable about HSA excess contribution calculations as long as you make a good faith effort and document your methodology. For your specific case with mixed cash/investment balances, I'd recommend the total account approach mentioned by Fatima Al-Suwaidi above. Calculate your HSA's overall rate of return for 2024 (total ending balance minus total beginning balance minus contributions, divided by average balance) and apply that percentage to your excess contribution amount. This method is defensible, straightforward to explain, and accounts for both portions of your account naturally. The key things to remember: 1) Get the excess contribution AND earnings out before your tax deadline (including extensions), 2) Report the earnings as taxable income on your return, 3) Keep documentation of your calculation method. A $5-10 difference in calculation precision isn't going to trigger an audit - they're more concerned with people who don't correct excess contributions at all.
This is really helpful advice, thank you! I'm dealing with a similar HSA mess and was overthinking the calculation. Quick question - when you say "average balance" in the rate of return formula, do you mean the simple average of beginning and ending balances, or should I be calculating a more complex time-weighted average that accounts for when contributions were made throughout the year?
I've been following this thread as someone who's dealt with F-1 visa tax complications before, and wanted to add one important point that hasn't been mentioned yet. Since you completed your 5-year stay back in 2019 but only started working in June 2023, there's a significant gap there. Make sure your employer understands that your FICA exemption ended in 2019, not when you started this current job. Some payroll departments get confused about this timing and think the exemption is tied to when you start working rather than your total time in the US. This could actually work in your favor - it shows you've been subject to FICA taxes for several years now, so there shouldn't be any question about your status. Just make sure they're calculating from your actual start date in June, not trying to go back further. Also, regarding your concern about "doing this incorrectly" - the fact that you're addressing this proactively after being contacted by your employer shows you're handling it exactly right. The IRS appreciates when taxpayers work to correct errors rather than ignore them.
This is such an important clarification about the timing! I actually made a similar mistake when I first started dealing with my own visa status change. My employer's payroll department initially thought my FICA exemption was tied to my current employment rather than my total time in the US. It took several back-and-forth emails to get them to understand that the 5-year substantial presence test is cumulative across all your time in F-1 status, regardless of work gaps. I had to provide documentation showing my entry dates and visa history to convince them. For anyone else reading this - it's worth preparing a simple timeline document showing your visa history and when your exemption period ended. This really helped speed up the correction process with my employer and avoided confusion about which tax years were affected. Great point about being proactive too - the IRS definitely looks more favorably on taxpayers who address these issues voluntarily rather than waiting for an audit or notice.
This has been an incredibly helpful thread! As someone who went through a similar FICA withholding issue with my F-1 to H-1B transition, I wanted to add one more resource that might be useful. If you run into any delays or pushback from your employer about issuing the corrected W-2, you can actually contact the IRS directly to report the issue. There's a specific process for when employers fail to provide corrected tax documents in a timely manner. The IRS can sometimes intervene to get the correction expedited. Also, just to reinforce what others have said about penalties - I was really worried about this too when I discovered my employer had been withholding incorrectly for almost a full year. The IRS agent I spoke with made it very clear that as long as you pay what you owe once the error is discovered, there are no penalties for the employee in these employer withholding error situations. One last tip: when you file your amended return, consider sending it via certified mail. Since it's correcting a FICA withholding issue rather than claiming additional refunds, it's not likely to trigger problems, but having proof of delivery gives you peace of mind and documentation for your records. You're handling this exactly the right way by being proactive about it!
Thanks for mentioning the IRS intervention option! I didn't know they could help expedite corrected W-2s when employers are dragging their feet. That's really good to know as a backup plan. The certified mail tip is smart too - I've been wondering about the best way to submit my amended return when I get to that point. Better safe than sorry with documentation, especially for something this specific. One quick question for anyone who's been through this process - roughly how long should I expect between getting the corrected W-2 and receiving any refund from the amended return? I know processing times can vary, but just trying to plan my finances around this whole situation.
I'm confused why people are suggesting such complicated solutions. If your income is below the Roth IRA contribution limits as you mentioned, why not just contribute directly to your Roth IRAs instead of doing backdoor conversions?
Your tax professional seems to be mixing up several different concepts here, which is unfortunately pretty common with backdoor Roth strategies. Let me help clarify what's actually happening: 1. **You don't need to withdraw anything from your Roth IRAs.** The money is already there legally - the issue is just how much tax you owed on the conversions. 2. **The pro-rata rule means you owe taxes on most of your conversions.** With $250k in pre-tax Traditional IRA money and only small non-deductible contributions, roughly 97% of each conversion was taxable income that should have been reported on your tax returns. 3. **Your spouse's situation is completely separate.** If she doesn't have pre-tax Traditional IRA balances, her backdoor Roth conversions work normally with minimal tax impact. 4. **Maxing out 401k/403b has nothing to do with this.** Your tax guy is confusing workplace retirement plan limits with IRA strategies. 5. **Income limits don't prevent backdoor conversions.** They only affect direct Roth contributions. The whole point of backdoor Roth is to get around those limits. For going forward, consider asking your current employer if their 401k accepts reverse rollovers. Moving your Traditional IRA balance back into a workplace plan would eliminate the pro-rata problem for future conversions. You'll also need to make sure Form 8606 was filed correctly for all years to track your non-deductible contributions. Might be worth getting a second opinion from a CPA who specializes in retirement planning - these strategies require specific expertise that not all tax professionals have.
This is exactly the kind of clear explanation I was looking for! I'm definitely going to look into the reverse rollover option with my current employer's 401k. One question though - if I do move my Traditional IRA balance back into my 401k, does that fix the pro-rata issue retroactively for the conversions I already did in 2024 and 2025, or would it only help going forward? And do I need to move ALL of my Traditional IRA money, or can I leave some and still improve the pro-rata calculation?
Unfortunately, the reverse rollover strategy only helps going forward - it doesn't retroactively fix the tax consequences of conversions you've already completed. For your 2024 and 2025 conversions, you'll still owe taxes based on the pro-rata calculation from those respective years. However, you don't need to move ALL your Traditional IRA money to improve the situation. The pro-rata rule is based on your IRA balances as of December 31st of the conversion year. So if you move most (or all) of your Traditional IRA balance into your 401k before doing future conversions, those future conversions will have a much better tax treatment. For example, if you moved $240k of your $250k Traditional IRA into your 401k and left $10k, then did a $7k backdoor Roth conversion, only about 59% of that conversion would be taxable instead of 97%. Move it all, and future conversions would be nearly tax-free as intended. Just make sure your 401k plan allows these reverse rollovers and check if there are any fees involved. Some plans are picky about accepting rollovers from IRAs.
Gianni Serpent
Just a heads up - make sure you're looking at your actual W-2 to confirm the ESPP discount is really included there. Some companies handle this differently! My company actually doesn't include the ESPP discount in the W-2 for disqualifying dispositions - instead they report it on a separate 3922 form and I have to report it as "Other Income" when I file. Worth double-checking how your specific company handles it so you don't make incorrect adjustments.
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Henry Delgado
ā¢This is an important point. OP should check box 14 of their W-2 as well - sometimes companies list the ESPP income there with a code like "ESPP" or "SD" (stock discount).
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Daniel White
This thread has been incredibly helpful! I'm dealing with a similar ESPP situation and was totally confused about the basis adjustments. One thing I'd add for anyone else reading this - if you have multiple ESPP purchases throughout the year at different discount rates, make sure you're tracking the specific discount amount for each lot separately. My company's supplemental statement breaks this down by purchase date, which is crucial since the 15% discount applies to different FMV amounts depending on when you bought. Also, don't forget that if you had any dividend reinvestments on your ESPP shares before selling, those might affect your basis calculation too. I almost missed that detail until I noticed some small amounts on my brokerage statement. Thanks everyone for sharing your experiences - this stuff is way more complex than it should be!
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