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Don't forget you can also spread the income from a qualified disaster distribution over 3 years! So if you qualify for the disaster exception, you could include just 1/3 of the distribution in your income this year, and the rest in the next two years. Helps with the tax hit.

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Aisha Khan

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Is that still available? I thought that was only for COVID-related distributions and expired after 2020?

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The 3-year income spreading option is still available for qualified disaster distributions, not just COVID-related ones! This applies to distributions from retirement plans due to federally declared disasters. You can elect to include the distribution in income ratably over the 3-year period beginning with the year of distribution. To do this, you'll need to file Form 8915-F (Qualified Disaster Retirement Plan Distributions and Repayments) along with your return. This form lets you specify how much of the distribution to include in each year's income. Since you withdrew $13,500, you could potentially include $4,500 in income each year for three years instead of taking the full tax hit this year. Just make sure your hurricane situation qualifies as a federally declared disaster in your area before electing this option. The IRS has specific requirements about timing and geographic areas that qualify.

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This is really helpful information about Form 8915-F! I had no idea you could spread the income over three years for disaster distributions. That would definitely help with the tax burden. Do you know if there's a deadline for making this election, or can you choose to do it when you file your return? Also, if you elect the 3-year spreading, does that affect the penalty exception at all, or are those two separate things?

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Aaron Lee

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Has anyone actually gotten an IRS penalty for HSA over-contributions before? I'm wondering how strict they are about this stuff. I think I might have over-contributed last year but never fixed it and haven't heard anything.

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Yes, I got hit with the 6% excise tax for an HSA excess contribution I didn't correct. It wasn't a huge amount (around $75 penalty for my $1,250 over-contribution), but the annoying part was filling out Form 5329. The IRS does check this, especially if your W-2 and HSA provider both report contribution amounts that exceed the limits.

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Amara Okafor

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I went through something very similar last year! You're absolutely right that you can still contribute that $150 to get back to your maximum allowable contribution for 2024. As others mentioned, you have until April 15th, 2025 to make 2024 HSA contributions. One thing I'd add is to keep really good records of all these transactions. I created a simple spreadsheet tracking: original contributions, the excess amount, withdrawal date and amount, and then the corrective contribution. This made tax filing much easier and gave me peace of mind if the IRS ever had questions. Also, don't stress too much about the "return of excess contributions" form you already filed - that was correct for the portion that was actually excess. The additional $150 you're putting back in is just you using up your remaining contribution room for 2024, which is totally separate and allowed. Just make sure when you contribute that $150 with Fidelity, you explicitly designate it as a 2024 contribution in their system. Their interface makes this pretty clear during the contribution process.

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This is really helpful advice about keeping detailed records! I'm actually dealing with a similar HSA situation right now and hadn't thought about creating a spreadsheet to track everything. Do you have any specific columns or categories you'd recommend including beyond what you mentioned? I want to make sure I document everything properly in case there are questions later.

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Having dealt with a similar situation between Texas and California, I can't stress enough how important it is to establish clear, unambiguous residency rather than cutting it close. The 10-day shortage you mentioned puts you in exactly the kind of gray area that can trigger additional scrutiny. One thing I learned during my residency determination process is that consistency across all your records matters enormously. Beyond just counting days, make sure your voter registration, driver's license, bank statements, insurance policies, and even subscription services all point to your owned home as your primary address. Any inconsistencies can raise red flags. For your vacation day question - the general rule is that vacation days count toward your established "home base" at the time of travel. So if your primary residence was the rental when you took the vacation, those days would typically count toward the rental location, not the owned home. Given the potential city tax savings you're looking at, the financial stakes are probably high enough to justify making those extra trips to clearly hit the day count. The cost and stress of an audit, even if you ultimately prevail, usually far exceeds the inconvenience of a few additional trips. Better to have an iron-clad case than one that requires explaining or defending.

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Drake

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This consistency point is really crucial - I hadn't fully considered how all those different records need to align to create a cohesive picture. It makes sense that having your voter registration at the owned home but your gym membership still at the rental location could create questions during an audit. Your clarification about vacation days is helpful too. Since most of our vacations this year were taken when we were still primarily based at the rental, those days would count toward the rental location, which actually makes our day count situation a bit tighter than I initially calculated. After reading everyone's advice here, we've definitely decided to make those extra trips to clearly establish our owned home residency. The unanimous message seems to be that being in the gray area just isn't worth the risk, especially when the potential tax savings are significant. Better to have clear documentation that doesn't require any explaining or defending. Thanks to everyone who shared their experiences and expertise - this community has been incredibly helpful in thinking through all the angles I hadn't considered!

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I went through a very similar situation last year with properties in Nevada and California. The advice everyone's given here is spot-on - being 10 days short of the threshold is exactly the kind of situation that can invite scrutiny. One thing I'd add that hasn't been mentioned much is to pay attention to your utilities usage patterns at both locations. During my residency review, they looked at electricity and gas bills to see which property showed consistent daily usage versus sporadic usage. High utility bills at your owned home during winter months (heating) or summer months (AC) can be strong evidence that it's where you actually live day-to-day. Also, if you have any recurring services like lawn care, house cleaning, or regular maintenance at your owned home, keep those records too. These show ongoing commitment to maintaining the property as your primary residence rather than just a place you occasionally visit. The fact that you already have your driver's license and voter registration at the owned home is great - that shows intent to establish residency there. Combined with making those extra trips to hit the day count clearly, you should be in a much stronger position. The peace of mind is definitely worth the inconvenience of a few additional trips.

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This is such a great point about utility usage patterns! I hadn't thought about how those bills could tell a story about actual daily living versus just occasional visits. Looking at our electricity and gas usage, there's definitely a clear pattern showing more consistent usage at our owned home over the past several months, which should help support our residency claim. We do have regular lawn service and a house cleaner at the owned home, so I'll make sure to keep all those service records organized. It's helpful to know that these kinds of ongoing commitments to property maintenance can serve as evidence of primary residence. Your point about winter heating bills is particularly relevant since we've been running the heat regularly at the owned home while the rental has been mostly empty during our stays there. These usage patterns should create a pretty clear picture of where we're actually living day-to-day. Thanks for sharing your Nevada/California experience - it's reassuring to hear from someone who successfully navigated a similar situation. We're definitely committed now to making those extra trips to clearly establish the day count rather than cutting it close!

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Charity Cohan

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I've held TCEHY and other Chinese ADRs for years, and I've always had them treated as non-qualified dividends. From my research and conversations with my tax professional, there are actually a couple of other factors at play: 1. The China-US tax treaty has a "Limitation on Benefits" clause that many Chinese companies don't satisfy 2. For ADRs specifically, there's the question of whether the underlying shares are "readily tradable" on the Hong Kong exchange (which the IRS may not recognize as "established" for this purpose) 3. The entity actually paying you the dividend is often the US depositary bank, not the foreign corporation directly If you really want to fight this, you could potentially take a position on your tax return that they are qualified dividends and include a disclosure statement explaining your reasoning, but be prepared for potential pushback from the IRS.

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Josef Tearle

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Wait, so even if I bought ADRs for a company traded on a major exchange like the Hong Kong Stock Exchange, the dividends might still not qualify? That seems crazy considering Hong Kong is one of the biggest financial markets in the world!

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The Hong Kong Stock Exchange situation is particularly frustrating because it highlights how narrow the IRS interpretation can be. While Hong Kong is indeed a major financial center, the IRS has historically been very strict about what constitutes an "established securities market" for qualified dividend purposes. The key issue is that for the "readily tradable" test, the IRS generally only recognizes major US exchanges (NYSE, NASDAQ) and a very limited list of foreign exchanges. Even though Hong Kong has sophisticated trading infrastructure and high liquidity, it doesn't automatically qualify under US tax law. This is why many investors end up switching to US-listed ETFs that hold these same foreign companies - you get similar exposure but with qualified dividend treatment. For example, instead of holding TCEHY directly, you might consider something like VWO or ASHR that include Tencent in their holdings but structure the dividends to qualify for the lower tax rate. It's one of those situations where the tax code hasn't kept up with modern global markets, leaving investors with perfectly legitimate foreign investments facing higher tax rates simply due to technicalities in how the securities are structured and traded.

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Tyler Murphy

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This is really helpful context about the ETF alternative! I'm curious though - when you hold something like VWO that contains Tencent shares, do you actually get the same economic exposure? I'm wondering if there are any differences in how the dividends flow through or if the ETF structure changes the dividend yield you ultimately receive compared to holding TCEHY directly. Also, are there any downsides to the ETF approach beyond potentially slightly different exposure? Like higher expense ratios or less control over the specific companies you're invested in?

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Payton Black

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This is really valuable information about the audit risk! I'm curious about the documentation requirements - when you say your parents couldn't prove some of the work, was it because they didn't have receipts, or were there other documentation issues? I'm trying to figure out the best way to organize everything from day one. Also, did they have any luck with getting credit for improvements where they had receipts but maybe not before/after photos? I'm wondering if contractor invoices alone are sufficient or if visual documentation is really necessary for every project.

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From what I've seen in my family's experience, receipts are absolutely essential but photos really help strengthen your case. My uncle had a similar audit situation where he had contractor invoices for a deck addition but no photos. The IRS questioned whether the work actually added the value he claimed because they couldn't verify the scope or quality of the project. The key documentation seems to be: 1) Receipts/invoices showing what work was done and materials used, 2) Photos showing before/after condition, 3) Permits if required for the work, and 4) Any appraisals that reference the improvements. Even phone photos work - you don't need professional documentation, just clear evidence of what changed. I'd also recommend keeping a simple log with dates and brief descriptions of each project. Makes it much easier to organize everything if you ever need to provide documentation years later.

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As a new homeowner going through this process, I wanted to share what I've learned about documentation. My real estate attorney advised me to create a "home improvement file" right from closing day, and it's already proving valuable. Here's my system: I photograph everything before any work begins, save all contractor bids (even the ones I don't accept), keep receipts for both materials and labor, and take photos when work is completed. I also started a simple spreadsheet with columns for date, description, cost, and whether it's a repair vs. improvement. One thing that surprised me - my accountant said to keep records of even small improvements because they add up over time. Things like new light fixtures, upgraded outlet covers, or better cabinet hardware might seem minor but can total thousands over the years. The key insight from this thread is that good record-keeping from day one is much easier than trying to reconstruct everything years later during a sale or audit. Thanks everyone for the great advice about the roof situation - it really helps to understand how seller improvements work!

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