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Has anyone successfully e-filed Form 5329 with HR Block or TurboTax when claiming a waiver? I've tried three different software programs and they all seem to have issues with this specific scenario.
I actually gave up on TurboTax and switched to FreeTaxUSA after reading these comments. Their system handles the 5329 much better - it actually has a specific section explaining each exception code and walks you through the waiver process step by step.
Thanks for the FreeTaxUSA recommendation. Just tried it and it's working so much better for my Form 5329! The interface actually explains what each field means and the waiver section is clearly labeled.
I went through this exact same situation last year with TurboTax having issues with Form 5329. The weird code with ":\\" that you're seeing is definitely a software glitch - I had the same thing happen. I ended up filing my regular return through TurboTax and then mailing Form 5329 separately on paper. It worked perfectly fine. Just make sure to: 1. Fill out your personal info (name, SSN, address) at the top 2. Only complete the sections that apply to your situation 3. Sign and date the form 4. Include a brief explanation letter if you're claiming a waiver 5. Mail it to the address listed in the Form 5329 instructions The IRS processed mine without any issues and I didn't face any penalties. Your regular refund will come through normally since they're processed separately. Don't let buggy software stress you out - the paper route is totally fine for this form!
This is really helpful! I'm curious about the explanation letter you mentioned - is there a specific format the IRS expects, or can it just be a simple note explaining why you qualify for the waiver? I'm claiming the first-time homebuyer exception and want to make sure I include the right information so they don't question it later.
Just wanted to add one more angle that might be worth considering - the psychological and emotional benefits of a clean break versus dragging things out with a buyout scenario. My friend went through something similar last year and initially thought the buyout made more financial sense. But what she didn't anticipate was how stressful it would be to remain financially tied to her ex through the mortgage and property ownership during an already difficult time. The ongoing decisions about maintenance, insurance, potential refinancing - it all became sources of conflict thatε»ΆιΏδΊthe emotional toll of the divorce process. Sometimes the "cleanest" financial option on paper isn't actually the cleanest when you factor in the emotional and practical complexities. Selling now and each walking away with your share (especially with both of you getting the full capital gains exclusion) gives you both a fresh start without ongoing property entanglements. That said, every situation is different, and if you two are communicating well and can handle the business aspects professionally, a buyout could still work. Just something to weigh alongside all the great tax advice you've gotten here!
This is such an important perspective that often gets overlooked in divorce planning! The emotional and psychological costs of remaining financially entangled can definitely outweigh potential financial benefits. I've seen this play out with friends too - what seemed like a smart financial move (keeping the house, buyouts, etc.) ended up creating ongoing stress and conflict that lasted years beyond the actual divorce. There's real value in being able to close that chapter completely and start fresh. In your situation @705bf3d91ca0, it sounds like selling and each taking advantage of your capital gains exclusions gives you both the best of both worlds - maximizing your financial outcome while also allowing for a clean break. Plus, with all the great advice in this thread about improvements and basis adjustments, you might end up with even less taxable gain than you initially calculated. The fact that you and your spouse are already communicating well enough to think through these options together is a good sign, but I agree that sometimes the simplest path forward is the best one, even if it means leaving a few dollars on the table.
This thread has been incredibly informative! As someone going through a similar situation, I wanted to share another consideration that might help with your decision-making. Don't forget to factor in the current real estate market conditions in your area. If you're in a market where prices have been appreciating rapidly, waiting even 6-12 months for a buyout scenario could mean missing out on peak pricing. Conversely, if your local market is starting to cool, selling sooner rather than later might make financial sense beyond just the tax implications. Also, consider your individual financial situations post-divorce. Will one of you be in a better position to handle the costs and responsibilities of homeownership (maintenance, property taxes, insurance) than the other? Sometimes the person who seems like the obvious choice to keep the house actually benefits more from the liquidity of their share of the sale proceeds. I'm leaning toward selling and taking advantage of both exclusions like you're considering. The math works out well, you get a clean break, and you both have flexibility to make fresh housing decisions based on your new circumstances. Plus, with all the excellent advice about documenting improvements and basis adjustments, you might find your tax burden is even lower than expected. Best of luck with whatever you decide - it sounds like you're approaching this very thoughtfully!
This is such a great point about market timing! I hadn't really considered how current market conditions could impact our decision beyond just the immediate tax implications. You're absolutely right that real estate markets can shift quickly, and if we're in a strong seller's market now, waiting for a buyout scenario could mean missing out on optimal pricing. Given that we're already looking at a substantial gain ($500k), even a 5-10% market correction could significantly impact our proceeds. The point about individual financial readiness for homeownership post-divorce is also really important. When I think about it honestly, neither of us is probably in the ideal position to take on the full burden of mortgage payments, maintenance, and all the other costs of homeownership on a single income - at least not initially while we're both adjusting to our new financial situations. Between the clean break benefits that others have mentioned, the favorable tax treatment with both exclusions, and your point about market timing, I'm becoming more convinced that selling now is our best path forward. It gives us both maximum flexibility to make housing decisions based on our actual post-divorce needs rather than being tied to a property that might be more house than either of us needs or can comfortably afford alone. Thanks for adding this perspective - it's exactly the kind of real-world consideration I needed to think through!
As someone who just went through this same headache last month, I can confirm that finding the right 4-up vertical W2 format is tricky! I ended up going with the Office Depot route - bought their perforated W2 paper package which came with a download link for the template. Cost me about $35 but it was worth it for the peace of mind knowing it was compliant. One tip I learned: before you print all your forms, do a test print with just one sheet to make sure the alignment is perfect with your specific printer. The perforated lines need to match up exactly or you'll end up with crooked forms. Also, make sure your printer settings are set to "actual size" not "fit to page" - that threw me off initially and made everything slightly off. The forms I got were definitely 2024 compliant and worked perfectly for my 8 employees. Good luck with your tax season prep!
Thanks for sharing your experience! That alignment tip is really helpful - I can definitely see how printer settings could mess up the formatting on perforated paper. Quick question: did the Office Depot package come with instructions for different printer types, or did you have to figure out the settings through trial and error? I'm using an older HP LaserJet and want to make sure I get it right the first time since I have quite a few employees to print forms for.
I've been handling payroll for small businesses for over 15 years, and the 4-up vertical W2 format question comes up every tax season! Here are some additional options that might help: 1. **TaxSlayer Pro** - They offer business tax software with compliant W2 templates in multiple formats, including 4-up vertical. They have a reasonably priced annual subscription that includes form updates. 2. **Local print shops** - Many FedEx Office and UPS Store locations can print W2s if you provide them with the data. They often have the proper perforated paper and templates already set up. 3. **Credit unions and small business centers** - Some offer free or low-cost tax form printing services to members during tax season. One thing I always tell clients: if you're going the DIY route, print a test copy first and hold it up to a window with an official W2 form behind it to verify all the boxes align perfectly. The IRS is very particular about box placement and font sizes. Also, don't forget you'll need to file Copy A with the SSA - that requires red ink on specific paper if filing by mail, which is why many people opt for electronic filing instead. Just something to keep in mind as you plan your process!
This is incredibly helpful information! I had no idea about the red ink requirement for Copy A - that could have been a costly mistake. Quick question about the electronic filing option you mentioned: do you know what the threshold is for mandatory e-filing? I have about 15 employees, so I'm wondering if I'm required to file electronically or if I still have the choice to mail forms. Also, does electronic filing work with the 4-up vertical format, or does it bypass the need for specific layouts entirely since it's digital submission?
17 This happened to me with a different payroll company last year. If you're filing your taxes soon and don't want to wait for this to get resolved, you can use the information from your physical W-2 and attach Form 4852 (Substitute for Form W-2) to your tax return. You'll need your last pay stub from ADP to verify the information. This puts the issue on record with the IRS and allows you to file on time even if ADP is dragging their feet on fixing their mistake.
Filing with Form 4852 can potentially delay your refund, yes. The IRS typically processes these returns manually rather than electronically, which adds extra time. You might also receive correspondence from the IRS asking for additional documentation to verify the information on the substitute form. However, if you're close to the tax filing deadline and ADP hasn't resolved the issue, it's still better to file with Form 4852 than to file late. Just make sure all the information matches exactly what's on your physical W-2 and your final pay stub from ADP. Keep copies of everything in case the IRS requests more documentation later.
This is a serious compliance issue that unfortunately happens more than it should when companies switch payroll providers. As a tax professional, I've seen this exact scenario multiple times with ADP and other major payroll companies. Here's what I recommend for immediate action: 1. **Contact your former employer's HR department first** - they have the strongest leverage with ADP since they were the client. ADP is still legally obligated to correct W-2 reporting errors regardless of current client status. 2. **Document everything** - keep records of all your attempts to contact ADP, including dates, times, and any reference numbers. This creates a paper trail if you need to escalate. 3. **File a complaint with the SSA** if ADP doesn't respond within a reasonable timeframe. You can report employers who fail to file W-2s at ssa.gov/employer/ssnv.htm. 4. **Consider involving your state's labor department** - many states have regulations about timely W-2 reporting and can put additional pressure on ADP. The fact that this affected 35 employees makes it a significant violation. ADP faces penalties of $50-$280 per W-2 for late or missing filings, so they should be motivated to fix this quickly once properly notified. Don't wait too long to address this - while you can file with Form 4852 as others mentioned, it's much cleaner to get the actual W-2 properly reported to the government systems.
This is really helpful advice! I hadn't thought about involving the state labor department if ADP continues to stonewall us. Do you know if there's a specific timeframe we should give ADP to respond before escalating to the SSA or state level? Also, since this affected our entire company, would it be more effective if we all filed complaints together or individually?
Ryder Everingham
Has anyone successfully disputed a PayPal 1099-K? Mine shows about $35k but a lot of that was just money moving between my own accounts.
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Lilly Curtis
β’You can't really "dispute" a 1099-K since PayPal is required to issue it for transactions over $600. What you can do is properly report it on your tax return. The key is to report ALL your transactions properly on your return so that you only pay tax on actual income. For transfers between your own accounts, you'd just need documentation showing the money going from one account to another with no gain. A tax pro can help you organize this paper trail.
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Ryder Everingham
β’Thanks, that makes sense. I was hoping there was a way to get PayPal to issue a corrected form, but I guess the right approach is just to properly document everything on my tax return instead.
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Zoe Papadopoulos
I'm dealing with a very similar situation - got a 1099-K from PayPal for around $78k, mostly from moving money between sportsbooks and some peer-to-peer transfers with friends for betting. Like you, I'm definitely at a net loss for the year. One thing I learned is that you absolutely need to address this on your return even if most transactions weren't actual income. The IRS computer systems will flag the discrepancy between your 1099-K and what you report as income, potentially triggering an audit or CP2000 notice. I'd definitely recommend going with a CPA over H&R Block for this. The CPA I consulted explained that with gambling transactions, you need to be very careful about how you categorize everything. They helped me understand that transfers between accounts aren't income, but any actual gambling winnings are - even if offset by losses. Make sure you get year-end statements from all your sportsbooks showing your net win/loss. Most platforms like DraftKings, FanDuel, etc. provide these for tax purposes. This documentation will be crucial if the IRS has any questions about your return. The peace of mind of having it done correctly is worth the extra cost of a CPA, especially with this much money involved.
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Dmitry Ivanov
β’This is really helpful, thank you! I'm completely new to dealing with anything like this and honestly feeling pretty overwhelmed. Can you clarify what exactly I should be looking for in those year-end statements from the sportsbooks? Also, when you say "transfers between accounts aren't income" - does that include when my friend sends me money through PayPal that I then deposit into a sportsbook? I'm worried the IRS might see that friend-to-me transfer as income even though I'm just acting as a middleman. Did your CPA give you any specific advice on how to document those kinds of transactions?
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