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Ask the community...

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Emma Wilson

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One thing I learned the hard way: keep track of which calendar year everything happens in. The 60-day recontribution rule is super helpful, but if your withdrawal was in December and the recontribution was in January, it can create complications since they cross tax years. In my case, I had to file a special form to carry the recontribution credit forward to the next tax year. Just something to be aware of if you're making withdrawals late in the year.

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Malik Thomas

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This is such an important point that people miss! I had this exact situation where the refund from the school came in January 2024 but the original withdrawal was in December 2023. Created a huge headache with reporting. I ended up having to amend my 2023 return.

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Emma Wilson

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If anyone runs into this December/January situation, the key form you need is Form 8913 "Credit for Recontribution of Qualified Higher Education Expenses." You file it with your return for the year when you made the original withdrawal. The form essentially lets you take a tax credit in the withdrawal year for recontributions you make in the following year, as long as you meet the 60-day rule. Your tax software might not prompt you for this form automatically, so you might need to specifically look for it or get help from a tax professional.

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This is a really detailed and helpful thread! I'm dealing with a similar situation but with a twist - my daughter received both a merit scholarship AND need-based financial aid that came through after I'd already made the 529 withdrawal. From what I'm reading here, it sounds like I have options with both the 60-day recontribution rule and the scholarship exception. But I'm wondering - can you use the scholarship exception for need-based aid too, or does it only apply to merit scholarships? The financial aid office classified her aid as a "need-based grant" rather than a scholarship. Also, if I have documentation showing both types of aid totaling more than what I withdrew, does that give me even more flexibility in how I handle the tax reporting? I want to make sure I'm taking advantage of all available options before I decide whether to recontribute or keep the money out for other education expenses.

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Great question about need-based aid! The scholarship exception actually applies to ANY tax-free educational assistance, not just merit scholarships. This includes need-based grants, Pell grants, employer tuition assistance, veterans benefits, and other similar aid programs. So yes, your daughter's need-based grant would qualify for the exception. If your total tax-free educational assistance (merit scholarship + need-based grant) exceeds what you withdrew from the 529, you have maximum flexibility. You could keep the entire withdrawal out without the 10% penalty, using the exception for the full amount. Just remember you'd still owe regular income tax on any earnings portion. Given your situation, I'd recommend calculating both scenarios: 1) recontribution within 60 days (no taxes at all), vs 2) keeping it out using the scholarship/grant exception (income tax on earnings only). The better choice depends on whether you need the money for other expenses and your current tax bracket. Keep all documentation for whichever route you choose!

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Ryan Kim

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Has anyone used the Form 8606 for reporting this kind of partial conversion? My accountant said I need to fill this out to show the taxable portion of my rollover but I'm completely lost on how to complete it properly.

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Zoe Walker

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Form 8606 is definitely required here. Part II is specifically for reporting conversions from traditional, SEP, or SIMPLE IRAs to Roth IRAs. You'll enter the total distribution on line 8, then the taxable amount (your employer contributions) on line 10.

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Carmen Diaz

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I went through this exact same situation last year and it was definitely confusing at first! Here's what I learned from my tax preparer and some research: The key is understanding that your employer's traditional contributions were never taxed when they went into your 401k, so when you roll them to a Roth IRA, that's essentially a conversion that triggers taxable income. Your personal Roth contributions that show in Box 5 are fine since you already paid taxes on those. What helped me was creating a simple spreadsheet tracking my contribution history. I went back through my pay stubs and 401k statements to identify exactly how much my employer contributed as traditional (pre-tax) money versus my own Roth contributions. This gave me the exact amount I needed to report as taxable conversion income. Most tax software will handle this once you know the amounts - look for the section on "partial rollovers" or "mixed traditional/Roth distributions." You'll enter the total rollover amount, then specify how much was already taxed (your Roth portion) versus how much needs to be taxed now (employer traditional portion). Don't skip this step - the IRS will eventually catch discrepancies between what your 1099-R shows and what you report, and it's much easier to get it right the first time than deal with notices later!

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Zara Rashid

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This is really helpful! I'm dealing with a similar situation and the spreadsheet idea makes so much sense. Quick question though - when you say "go back through pay stubs," what specifically should I be looking for? Is it the employer match amounts or something else? I'm worried I might miss something important in my calculations.

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Is this calculation correct? Form 8959 Additional Medicare Tax questions for MFS filing

I'm filing married filing separately with my husband in a community property state because of my student loan situation. We got an extension for 2023 taxes and hired a tax professional since neither of us really understands how to handle Form 8958 (community property allocation). I'm questioning if our tax preparer knows what they're doing either. The first draft they sent us didn't include Form 8959 (Additional Medicare Tax) in either of our returns. When I asked about it, they added the form but nothing changed in our calculations. The current paperwork shows my husband owes $3,200 while I'm getting a refund of $4,700 - partly because I claimed our child and didn't receive any of the economic impact payments for our child in 2023. I also had an extra $25 withheld from each paycheck throughout 2023 after what happened with our 2022 returns. Our preparer claims my husband didn't withhold enough, but I thought Form 8959 was supposed to help balance things out between spouses in our situation. I'm hesitant to trust this preparer after a previous experience in 2022 where a different preparer forgot to have either of us claim our child, forcing us to file an amended return (complete nightmare). This preparer's email signature says "Tax Return Preparer & Insurance Broker" so I'm not sure if they're a CPA or have the right credentials. Any insight would be appreciated! Edit: I mixed up the form numbers in my original post. The form the preparer completed was Form 8958 (not 8959). Sorry for the confusion!

StarGazer101

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I think there's confusion happening with your forms. Form 8958 is for community property allocation (splitting income 50/50), while Form 8959 is for Additional Medicare Tax (which only applies if your income is over $200k single or $125k MFS). The reason you're seeing one person owe and one get a refund is probably because of tax credits and stimulus payments going to just one spouse. That's normal even in community property states. Income splitting doesn't mean credit splitting. Does your tax preparer have an EA (Enrolled Agent) or CPA designation? Those credentials mean they've passed rigorous testing and maintain continuing education requirements. A "Tax Return Preparer" might just have minimal training.

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Just wanted to add - you can search the IRS website for "Directory of Federal Tax Return Preparers with Credentials and Select Qualifications" to verify credentials. If they're just a PTIN holder with no other credentials, you might want someone more qualified for complicated returns.

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I went through a very similar situation last year in Texas (also community property state, MFS filing). The key thing to understand is that Form 8958 is absolutely required for your situation - it allocates community income 50/50 between spouses regardless of who actually earned it. The dramatic difference in your tax outcomes (husband owing $3,200 vs your $4,700 refund) is likely correct because while income gets split 50/50, credits and payments don't. Since you claimed your child, you get the full Child Tax Credit on your return only. Same with the stimulus payments - they go entirely to whoever claims the qualifying dependent. Your extra $25 per paycheck withholding throughout 2023 also only benefits your return, not your husband's. So even though your income was properly split via Form 8958, all the credits and extra withholding are concentrated on your return. The red flag for me is that your preparer initially forgot Form 8958 entirely. This form is mandatory for MFS in community property states - there's no option to skip it. I'd definitely verify their credentials on the IRS directory. For complex situations like yours, you really want a CPA or Enrolled Agent with specific community property experience, not just someone with a basic PTIN. You might want to double-check that Form 8958 properly splits your W-2 income 50/50 between both returns, regardless of who earned what.

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Make sure the interest rate isn't too low or the IRS might consider it a gift! There's something called the Applicable Federal Rate (AFR) which is the minimum interest rate that should be charged for family loans. It changes monthly. If the rate is below AFR, the IRS might recharacterize part of the loan as a gift and then your uncle could have gift tax issues.

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StarStrider

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Where can I find the current AFR rates? I'm planning a similar family loan next month and want to make sure we set the right interest rate.

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Miguel Ramos

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You can find the current AFR rates on the IRS website at irs.gov - they publish them monthly in Revenue Rulings. Just search for "Applicable Federal Rates" or "AFR rates." The rates are broken down by loan term (short-term, mid-term, and long-term) and are updated every month. For a home purchase loan like yours, you'd typically use the long-term AFR since it's likely to be a multi-year loan. You can also find historical AFR rates there if you need to look up what the rate was for a specific month. Make sure to use the AFR that was in effect during the month you actually make the loan, not when you're planning it.

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Lindsey Fry

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Just want to add one more consideration that's often overlooked - make sure you and your uncle both understand the payment tracking requirements! Since this will be treated as a legitimate mortgage for tax purposes, you'll need to keep detailed records of all payments made throughout the year. Your uncle should probably issue you a Form 1098 (Mortgage Interest Statement) by January 31st each year showing how much interest you paid, just like a bank would. If he doesn't issue one, you can still deduct the interest, but you'll need to provide his name, address, and SSN on your tax return when you claim the deduction. Also worth noting - if you ever refinance or pay off the family loan early, make sure to handle any prepayment penalties or forgiven debt properly for tax purposes. The IRS scrutinizes family loans more closely than bank loans, so having everything properly documented from day one will save you headaches later!

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Emma Wilson

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This is really helpful info about the Form 1098 requirement! I hadn't thought about that part. Quick question - if my uncle doesn't want to deal with issuing a 1098 form, does that mean I can't claim the deduction? Or is providing his SSN and address on my return when I file sufficient for the IRS? I want to make sure I understand the backup documentation requirements in case he's not comfortable with the extra paperwork.

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This HSA reporting issue cost me $900 in excess contribution penalties because my tax software just pulled in the Box 2 amount automatically without any warning! Has anyone found a tax software that handles this correctly? I've been using TurboTax but might switch if there's something better for HSA users.

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Ethan Moore

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I've had good luck with FreeTaxUSA. It specifically asks about HSA contributions made in the current year for the previous year, rather than just importing Box 2. It also has a worksheet that helps track contributions across different time periods.

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Tyler Murphy

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This is such a crucial topic that more people need to understand! I work as an EA and see this mistake constantly. One thing I always tell my clients is to keep detailed records of when they make HSA contributions and which tax year they designate them for, especially those January-April contributions. I also recommend reconciling your own records with what appears on Form 5498-SA rather than blindly trusting it. HSA providers sometimes make errors in reporting, and I've seen cases where Box 3 was incorrectly calculated or missing entirely. For anyone dealing with this issue, you can also request a corrected 5498-SA from your HSA provider if you notice discrepancies. They're required to issue corrections if the original form contains errors. It's much easier to get this sorted out before filing your return than trying to amend later!

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This is really helpful advice! As someone new to HSA management, I'm wondering - what's the best way to keep those detailed records you mentioned? Should I just keep copies of all my contribution confirmations, or is there a specific tracking method you'd recommend? Also, how common are those HSA provider reporting errors? I want to make sure I'm not just assuming my forms are correct without doing my due diligence.

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