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How to fix an excess 401k contribution after employer acquisition confusion?

So I'm in a bit of a sticky situation with my 401k contributions and need some advice. Last year when my company got bought out, there was a ton of confusion with the transition. Between the two employers and some PTO payouts, I accidentally went over the annual 401k contribution limit by about $1,350. I didn't catch this until early February when I was comparing my W2s from both companies. I immediately contacted HR to try and get this fixed, but I'm getting mixed messages and now I'm worried about potential penalties. Here's what's happened so far: They removed the excess amount from my 401k about three weeks ago and sent me a check last week. I noticed they withheld 20% for taxes though. When I called the 401k administrator, they told me I'll get a 1099-R for the current tax year showing the excess contribution as taxable income, plus credit for the withholding. They said they'll code it as an excess contribution withdrawal so I won't pay early withdrawal penalties. But everything I've read online suggests this isn't the right approach. From what I understand, I should get the full amount back now, have my previous year's W2 corrected to reduce the 401k contribution amount and add the excess to my taxable wages, then pay income taxes on it with last year's return. I thought I should only get a 1099-R for any earnings on the excess amount. I've brought this up with both HR and the 401k provider, but they insist everything is correct. They're telling me to file my taxes normally with the original W2s showing the excess contribution, and then next year when I file, I'll include the 1099-R and only be taxed on that $1,350 as non-penalized income with the tax withholding credited. I'm super confused about whether this is the right way to handle it. Will the IRS have an issue with my return showing I went over the contribution limit, especially since I can't prove I fixed it until next year's taxes? If I get the 1099-R and include it with next year's taxes, will I just pay normal income tax on the $1,350 without penalties? Some articles I read suggested that fixing this by March of the following year means no penalties, but waiting longer means getting a 1099-R and possibly paying taxes twice? At this point, I'm ready to just go with what they're saying since I don't want to cause trouble, but I need to know if this approach is correct or if I'll have issues later. Any guidance would be really appreciated!

Question for anyone who knows - if my employer already issued the 1099-R for the excess contribution and took out withholding, can I still get them to correct the W-2 instead? Or am I stuck with the double taxation situation at this point?

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NeonNova

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Even if they've issued a 1099-R, you're not necessarily stuck! The 1099-R can be corrected or canceled if they're fixing it properly. The key is getting them to understand and follow the correct procedure. When they issue a corrected W-2, they should also void the original 1099-R or issue a corrected one that only shows any earnings on the excess amount (not the principal). The withholding they already took can be applied to your tax return. Don't let them tell you it's "too late" - the April 15th deadline is about when the correction is MADE, not when they start the process. As long as you reported it before that deadline, they should be following the proper correction procedure.

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I went through almost the exact same situation last year with my 401k excess contribution! The confusion around company acquisitions and payroll transitions seems to create these issues more often than you'd think. From my experience, your instincts are absolutely correct - they should be correcting your W-2 from last year rather than issuing you a 1099-R for this year. Since you discovered and reported this in February (well before the April 15th deadline), you're entitled to the "return of excess deferrals" correction method that avoids double taxation. Here's what worked for me: I had to be very persistent and specific about citing IRS regulations. When I called my 401k administrator, I specifically mentioned IRC Section 402(g) and asked for their "excess deferral correction procedure for contributions identified before April 15th." I also referenced IRS Publication 525 which covers this exact scenario. The 20% withholding they took is standard for any distribution from a qualified plan, but if they do the correction properly, you'll get credit for that withholding and they should issue you a corrected W-2 showing the reduced contribution amount added back to your taxable wages for last year. Don't let them convince you that their way is correct just because it's easier for them administratively. You have the right to the proper correction method, and it will save you from paying taxes twice on the same money. Keep escalating until you find someone who understands the retirement plan rules - many HR generalists simply aren't familiar with these specific correction procedures.

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Concerned my tax accountant might be lying about filing extension & penalty abatement request

I'm in a really strange situation and could use some advice. For context, I've been running my small business for about a decade now. Last year after filing my 2022 taxes, I got hit with a massive penalty bill for late payment. I was totally confused since my accountant told me he had filed in April and requested an extension. According to him, the penalty was because I hadn't been paying quarterly taxes for my business, but he said he would file an abatement request to get it removed. Fast forward six months, and I'm still getting increasingly threatening notices from both the IRS and state tax authority about seizing my property if I don't pay up. My accountant kept reassuring me that the abatement was "just taking time to process" and even sent me a copy of the abatement request dated from when he claimed to have submitted it. Today I finally called the IRS directly (should've done this way sooner). They told me: 1) the penalty is for late filing, not quarterly taxes, 2) no extension was EVER filed, and 3) my taxes weren't actually filed until June 6th, not April like my accountant claimed. The biggest bombshell? They have zero record of any abatement request. There have been other red flags too. My accountant left H&R Block two years ago to go independent, and things have been chaotic since. This past April, he completely ghosted me while I was waiting for my return to be filed. Only after sending increasingly panicked emails did he resurface on April 15th and supposedly file on time. He's insisting he did submit both the extension and abatement request, blaming the IRS for being disorganized. He claims he can't prove he filed the abatement (though he sent me a letter dated November), but says he can prove the extension was filed (though hasn't shown me anything). The penalties are over $13,000 combined between state and federal taxes. Is it actually possible the IRS missed both an extension request AND an abatement request? What should I do here? Am I being lied to? Really appreciate any guidance. This whole situation has me extremely stressed out.

Ava Williams

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There's a simple way to check if an extension was actually filed. Call the IRS at the Practitioner Priority Line (1-866-860-4259) and ask for a "tax account transcript" for the tax year in question. The transcript will show exactly when your return was received and if an extension was filed. This is official IRS data that can't be manipulated by your accountant. You can also request it online through the IRS website if you create an account. The transcript will show every transaction with date stamps. If your accountant really filed an extension, it will appear with code "460" on your account transcript.

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This is true but I'd add that the IRS account transcript uses transaction codes that can be confusing. Code 460 is for extensions, and Code 971 would show up if an abatement request was received. OP should also look for Code 166 which indicates penalties were assessed for late filing. The beauty of the transcript is it's chronological and each entry has an official date stamp that can't be falsified.

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Ava Martinez

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I'm really sorry you're going through this - it's such a violation of trust when a professional you rely on isn't honest with you. Based on everything you've described, I agree with the other commenters that your accountant appears to be lying. One thing I haven't seen mentioned yet: you should document everything immediately while it's still fresh. Write down all the dates your accountant told you things were filed, save every email and text message, and keep copies of any documents he provided (even the suspicious ones). This documentation will be crucial if you decide to pursue malpractice claims or file complaints with regulatory bodies. Also, since you mentioned this is affecting both federal and state taxes, make sure you're addressing both separately. State tax authorities often have their own penalty abatement programs, and the process might be different from the federal IRS abatement. The $13,000 in penalties is substantial enough that you might want to consult with a tax attorney who specializes in penalty abatement cases. Many offer free consultations and can quickly assess whether you have grounds for both penalty relief and potential recovery from your accountant's errors or omissions insurance. Don't let this drag on any longer - every day those collection notices get more serious, and your options may become more limited.

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This is excellent advice about documenting everything. I'd also suggest taking screenshots of any online portals or software your accountant may have shown you, even if they seemed legitimate at the time. Sometimes dishonest preparers will create fake "submission confirmations" or modify legitimate software interfaces to make it look like filings went through when they didn't. Another red flag I noticed from your original post - the fact that your accountant "completely ghosted" you during tax season and only resurfaced on April 15th is extremely unprofessional. Legitimate tax professionals don't disappear during their busiest time of year, especially when clients are depending on them for timely filings. Given the serious financial impact here, I'd definitely recommend consulting with a tax attorney as Ava suggested. Many states also have victim compensation funds for clients harmed by professional misconduct, and you may be able to recover some of your penalty costs if you can prove negligence or fraud.

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Has anyone used the Section 179 deduction for purchasing business vehicles? I heard SUVs and trucks over 6,000 lbs qualify differently than regular cars.

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TommyKapitz

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Yes, vehicles over 6,000 lbs GVWR qualify for the full Section 179 deduction (up to the limits). For 2024, the limit for these heavy SUVs, trucks, and vans is $28,900. Vehicles under 6,000 lbs have much lower depreciation limits. Make sure the vehicle is used more than 50% for business purposes (track your mileage carefully) and be aware that personal use reduces the deduction proportionally. I bought a Ford F-250 last year for my construction business and was able to take the full deduction because it's used 100% for business.

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Nia Harris

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Just to add some clarity on the current situation - as of April 2024, there's still no finalized legislation that has restored bonus depreciation back to 100%. The House did pass some tax provisions earlier this year, but they stalled in the Senate. What I'm seeing from my CPA contacts is that most businesses are planning with the current rules (60% bonus depreciation for 2024) while keeping an eye on any late-year developments. The reality is that even if something passes, it might not be retroactive to January 1, 2024. For anyone making major equipment purchases, I'd echo the advice about working with current known figures. You can always amend your return if better provisions get passed later. The Section 179 deduction limits are still quite generous at $1.16M, so that might be sufficient for many small businesses anyway.

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Yara Elias

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Thanks for that update Nia - this is exactly the kind of current information I was looking for! It's frustrating that Congress keeps kicking these decisions down the road, but at least now I know to plan around the 60% bonus depreciation rate rather than holding my breath for something that might not happen. The $1.16M Section 179 limit should cover most of what I need anyway. Do you happen to know if there are any other tax incentives for small business equipment purchases that might have better odds of passing this year?

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Rachel Tao

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Don't forget to check if your state has a tax relief program too! I owed the feds $21k and my state another $7k. I qualified for my state's Hardship Program which actually forgave about half of what I owed them. The federal payment plan was still rough but that state relief made a huge difference. Just google "[your state] tax relief program" and see what comes up.

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Derek Olson

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This is good advice. My sister got into the New York Offer in Compromise program and settled her $12k state tax debt for about $3k based on her financial situation. Definitely worth looking into alongside the federal options.

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I'm sorry you're going through this - the stress of owing that much to the IRS is overwhelming, but you do have options. First, definitely don't ignore this or let it spiral further. One thing I haven't seen mentioned yet is requesting penalty abatement for reasonable cause. Since you mentioned you lost your job 6 months ago and are struggling financially, you might qualify to have some of the penalties removed if you can show the failure to file/pay was due to circumstances beyond your control. Also, make sure you're getting proper representation. The IRS has a Low Income Taxpayer Clinic (LITC) program that provides free or low-cost assistance to people who can't afford professional help. You can find one in your area on the IRS website. These clinics have attorneys and CPAs who specialize in tax debt resolution. Given your current income situation, you'll likely qualify for Currently Not Collectible status while you get back on your feet. Yes, interest still accrues, but it stops the immediate collection pressure and gives you breathing room to stabilize your finances. Document everything about your financial hardship - job loss, medical bills, basic living expenses. This will be crucial for any hardship-based relief programs you apply for.

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810 Refund Freeze Code on My 2022 Transcript Despite "Return Not Present" Status - Dated March 9

I just checked my 2022 tax transcript and I'm completely confused. Looking at my Account Transcript right now dated April 03, 2023 from the Internal Revenue Service (United States Department of the Treasury), it's showing "RETURN NOT PRESENT FOR THIS ACCOUNT" but has a 810 refund freeze code from March 9, 2023. The transcript header specifically states "This Product Contains Sensitive Taxpayer Data" and lists the TAX PERIOD as Dec. 31 2022. My account balance shows $0.00, with $0.00 in accrued interest (AS OF: Apr 03, 2023) and $0.00 in accrued penalties (AS OF: Apr. 03, 2023). The "ACCOUNT BALANCE PLUS ACCRUALS (this is not a payoff amount)" also shows $0.00. Under "** INFORMATION FROM THE RETURN OR AS ADJUSTED **", it lists: EXEMPTIONS: 00 FILING STATUS: Single But then has completely blank spaces for: - ADJUSTED GROSS INCOME - TAXABLE INCOME - TAX PER RETURN - SE TAXABLE INCOME TAXPAYER - SE TAXABLE INCOME SPOUSE - TOTAL SELF EMPLOYMENT TAX And right below that in bold text it states: "RETURN NOT PRESENT FOR THIS ACCOUNT" Under the TRANSACTIONS section, it literally just shows two lines: "No tax return filed" "810 Refund freeze" dated 03-09-2023 for $0.00 I definitely filed my 2022 return! What does this mean and has anyone dealt with this before? I'm especially concerned about why there's a refund freeze code (810) when it's not even showing my return as filed in the system! How can they freeze a refund for a return they claim doesn't exist?

I had almost the exact same situation with my 2021 return! The "Return Not Present" message with an 810 freeze code is actually more common than you'd think during heavy processing periods. What's happening is your return was received and assigned the freeze code, but it hasn't been fully processed into their main database yet - that's why it shows as "not present" even though they clearly have some record of it (hence the freeze). The 810 code usually means they're doing additional verification or your return got flagged for manual review. Since you e-filed through TurboTax in February, the good news is it's definitely in their system somewhere. I'd recommend calling the practitioner priority line if you have access, or try calling early morning (7-8 AM) for shorter wait times. In my case, it took about 6 weeks after the 810 appeared for everything to update properly and show my actual return info. Keep checking weekly - once it processes fully, all those blank fields will populate with your actual tax info and the freeze should lift automatically.

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Aaron Boston

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When I called, they basically confirmed what I suspected - my return was in "error resolution" which is why it had the freeze code but wasn't showing up fully processed. The rep told me there wasn't anything I needed to do on my end, just wait for their systems to finish the review. They couldn't give me an exact timeline but said to expect 6-9 weeks from the freeze date. It was frustrating but at least I knew it wasn't lost! @bd396c3fc8ef was your experience similar with the timeline?

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@Samantha Howard Yes, very similar timeline! Mine took about 7 weeks total from when the 810 first appeared. The IRS rep I spoke to was actually pretty helpful - she explained that returns with certain credits or deductions like (EITC, education credits, or business expenses often) get the 810 freeze for additional verification. She couldn t'tell me exactly what triggered it, but said it s'completely normal and doesn t'mean there s'anything wrong with your return. The waiting is the worst part honestly! @Emily Nguyen-Smith have you tried calling yet?

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I'm dealing with something very similar right now with my 2022 return! Filed in late January through FreeTaxUSA and my transcript has been showing the exact same thing - "RETURN NOT PRESENT" but with an 810 freeze code from February 28th. It's so frustrating because you know you filed but the system acts like it doesn't exist. From what I've researched, the 810 code often gets applied when they need to do manual verification of certain items on your return - things like the Child Tax Credit, Earned Income Credit, or if you claimed any recovery rebate credits. The "not present" status just means it hasn't been fully processed through their main system yet, but the freeze code proves they definitely have it. I've been checking my transcript every Monday and it's been the same for about 6 weeks now. Planning to call this week since it's been so long. Have you tried using the "Where's My Refund" tool to see if it gives you any different information than the transcript?

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@Natasha Romanova I m'in almost the exact same boat! Filed in February and been stuck with that same RETURN "NOT PRESENT plus" 810 freeze combo for weeks now. The Where "s'My Refund tool" just keeps saying still "being processed with" no timeline, which is basically useless šŸ™„ Did you claim any of those credits you mentioned? I had the Child Tax Credit and some education credits on mine, so maybe that s'what s'causing the holdup. It s'reassuring to know I m'not the only one dealing with this weird transcript situation - I was starting to think my return got lost in cyberspace somewhere! Let me know what they tell you when you call! I m'thinking I should probably bite the bullet and try calling too, even though I m'dreading the wait time.

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