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Ask the community...

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Dmitry Petrov

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One thing nobody's mentioned yet - check if you're still within the timeframe for a "corrective distribution" for your 2022 overcontribution. If you took the distribution before your filing deadline (including extensions) for 2022, you can avoid the 6% excise tax completely, even if Vanguard coded it incorrectly on the 1099-R. For the earnings portion, you generally need to include those as income in the year you made the contribution (2022), not when you took the distribution (2023). If your 1099-R doesn't separately show the earnings, you might need to contact Vanguard to get that breakdown. The most critical form here is Form 5329 where you'll need to show you corrected the excess contribution. Even with an incorrect distribution code, you can still properly document this with an attached statement explaining the situation.

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Mei Wong

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Thanks for this info! I did take the distribution in February 2023, which was before my filing deadline for 2022 taxes. But I'm confused about reporting the earnings - my 1099R doesn't break out what portion was earnings vs. principal. Does this mean I need to amend my 2022 return now to report those earnings? Or can I handle everything on my 2023 return?

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Dmitry Petrov

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Since you took the distribution before your 2022 filing deadline, you should definitely avoid the 6% excise tax, which is good news. For the earnings portion, yes, technically those earnings should be reported on your 2022 tax return, which would mean filing an amendment if you've already filed for 2022. You'll need to contact Vanguard to get the breakdown of principal vs. earnings from that distribution. Ask specifically for the "net income attributable" or NIA related to the excess contribution amount. This might not be reflected correctly on your 1099-R if the distribution wasn't properly coded.

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Ava Williams

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Heads up - I went through this exact same mess with Fidelity last year. Make sure you also check if you qualify for the "self-certification" procedure under Revenue Procedure 2021-30. If your correction doesn't fully meet all the technical requirements for a proper return of excess contribution, you might still qualify for relief under this procedure. It essentially lets you "self-certify" that you intended to follow the rules for proper correction even if there were some procedural errors along the way. You'll need to file a specific statement with your return, but it could help avoid penalties even if Vanguard didn't process everything perfectly.

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Miguel Castro

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I've never heard of this self-certification procedure. Does it apply to 401k contribution corrections too or just IRAs? I overcontributed to both last year and am trying to sort through the mess.

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Amara Adeyemi

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Something nobody's mentioned yet: if you're really desperate for tax deductions but don't want to get a mortgage, consider increasing your charitable giving. It's a much better financial move than paying interest to a bank! You get to support causes you care about AND get a tax deduction. Plus you're not enriching a financial institution. Just make sure you donate enough (along with other potential itemized deductions) to exceed the standard deduction amount.

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StarSurfer

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That's actually a really thoughtful suggestion. We do give to our church and a couple local charities already, but hadn't thought about the tax angle. Would bunching donations in alternating years work better to get over the standard deduction threshold?

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Amara Adeyemi

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Yes, bunching donations is exactly what many financial planners recommend! For example, if you normally donate $5,000 per year, you could instead donate $10,000 every other year. This might push you over the standard deduction threshold in donation years (when you itemize) while taking the standard deduction in off years. Another option is a Donor Advised Fund, where you contribute a larger amount in one year for the tax deduction, but distribute the actual donations to charities over multiple years. This gives you the tax benefit immediately while allowing you to support charities gradually.

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My accountant actually laughed when I asked this same question last year lol. She said getting a mortgage for the tax deduction is like buying something you don't need just because it's on sale - you're still spending money unnecessarily! She also pointed out that with the higher standard deduction now ($27,700 for married filing jointly in 2023), many people don't even benefit from the mortgage interest deduction unless they have a really big mortgage or tons of other itemized deductions. You'd need more than $27,700 in itemized deductions for it to even matter.

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Yeah but the standard deduction for 2025 filing season is projected to be over $29,000 for married couples! Makes it even harder to benefit from mortgage interest unless you have a jumbo loan.

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I think people are overlooking a critical detail in your question. You said you were on your parents' insurance "last year" but then got your own insurance in January 2024. So you were on their plan for all of 2023? If that's true, then you simply cannot make contributions to your own HSA for 2023. The "last month rule" that someone mentioned only applies if you had your own HSA-eligible health plan by December 1st, 2023. Your parents' unused contribution space ($1450) remains with their HSA - it doesn't transfer to you. Your contribution limit for 2024 will be based on your new individual coverage starting in January 2024.

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But what if their parents added them as an authorized user on their HSA? Couldn't they contribute that way since it's still part of the family limit?

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Being an authorized user on someone else's HSA is different from having your own HSA eligibility. Authorized users can withdraw funds from someone else's HSA for qualified medical expenses, but they don't gain contribution rights. HSA contribution eligibility is tied to having your own HDHP coverage. Being covered as a dependent on someone else's family plan doesn't make you eligible to contribute to any HSA, either yours or theirs. The family contribution limit belongs to the HSA account owner (the parents in this case), not to the dependents covered under their plan.

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Has anyone considered whether the "testing period" for HSA might apply here? If you maintain HSA-eligible coverage through December 31, 2024, couldn't you use the last-month rule to make a full 2023 contribution?

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You've got the testing period concept right but the year wrong. The "last-month rule" would only help for 2023 contributions if OP had their own HSA-eligible coverage by December 1, 2023 (which they didn't). Since they only got their own HDHP coverage in January 2024, the last-month rule might apply to their 2024 contributions (if they maintain coverage through Dec 31, 2024), but it can't retroactively create eligibility for 2023.

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Liam Sullivan

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One thing nobody has mentioned yet is the importance of the holding period for QSBS. When you convert from LLC to C-Corp, the clock for the 5-year holding period starts from the date of conversion/incorporation, NOT from when you originally started the LLC. I made this mistake thinking my 3 years as an LLC would count toward the 5-year QSBS holding requirement. Had to hold for 2 years longer than expected before selling some shares. Make sure you factor this into your exit timeline!

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Amara Okafor

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Does this apply even if it's a statutory conversion rather than a contribute-and-dissolve approach? I thought there might be different treatment for the holding period depending on how you structure the conversion.

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Liam Sullivan

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Yes, it applies regardless of whether it's a statutory conversion or a contribute-and-dissolve approach. The IRS views the C-Corporation shares as newly issued at the time of conversion. Unfortunately, there's no way to tack on your LLC holding period to the QSBS 5-year requirement. This is actually one reason some founders convert to C-Corps earlier than necessary - they want to start that 5-year clock even before they need the VC funding. The only exception would be if you were already a corporation (like an S-Corp) converting to a C-Corp, where different rules might apply.

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Has anyone here used a "blocker corporation" structure before conversion to help with the QSBS qualification? Our lawyers suggested this approach since we have some passive income that might otherwise disqualify us from the "active business" requirement.

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We actually did this! Created a holding company structure where potentially disqualifying assets were placed in a separate entity. Make sure you're working with someone who really understands the "active business" requirements though, because it's not just about separating assets but about their purpose and use. Our tax attorney specifically helped design a structure that would stand up to scrutiny.

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Ethan Taylor

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Little tip from someone who worked in elder care for years - keep good records of when your parent stopped filing and why, especially if they filed in previous years. Most seniors with only SS don't need to file, but having documentation of the decision can save headaches if questions come up later. I usually recommend keeping a simple note with their important papers explaining the decision, the date, and citing the relevant IRS guideline (that SS-only income doesn't require filing).

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That's really helpful advice! Would you recommend I get something in writing from a tax professional stating that my father doesn't need to file anymore? Or is my own documentation sufficient?

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Ethan Taylor

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Your own documentation is usually sufficient. Just create a simple dated memo stating "As of [date], [parent's name] no longer files tax returns as their only income is Social Security benefits, which falls below the IRS filing threshold." Include any reference to IRS publications that support this (Publication 915 covers Social Security taxation). A tax professional's statement isn't necessary but can provide extra reassurance if you're concerned. Some tax preparers will provide a simple letter confirming non-filing status at little or no cost if you've used their services before. Just having something in your parent's financial records explaining the change helps if questions arise during future care transitions or estate matters.

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Yuki Ito

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Does anyone know if this affects Medicaid applications at all? My mom's in similar situation (only SS income) and we're in the process of applying for Medicaid for her nursing home. Would showing "no tax returns" cause any problems with that process?

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Carmen Lopez

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Not filing taxes won't negatively impact a Medicaid application. In fact, it's completely normal for Medicaid applicants who only receive Social Security to not file tax returns. Medicaid eligibility is based on current income and assets, not on tax filing status. They'll still want to see proof of all income sources (including the SSA benefit statement), but they won't expect or require tax returns if there's no filing requirement.

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