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Something doesn't add up with your numbers. If the missed RMD was $5,695, the maximum excise tax penalty should be 50% of that, which is $2,847.50. But the IRS is asking for the full $5,695 plus penalties? Did you include the distribution on his tax return for 2022 (even though it was taken in 2023)? If not, the IRS might be considering this unreported income, which would explain why they're including the full amount as a tax increase. Also, I think you misunderstood what Form 5329 does. Lines 53-55 being zero means you calculated no penalty due (requesting a waiver). But you still have to report and pay tax on the RMD amount itself once it's distributed.
Hmm, I don't think we included it on his 2022 return since he actually took the distribution in April 2023. Should we have reported it for 2022 anyway since that's when it should have been taken? And if so, would we need to file an amended return for 2022? So if I'm understanding correctly: 1. We need to pay income tax on the RMD regardless (either in 2022 or 2023) 2. There's potentially a 50% excise tax penalty, which we requested a waiver for 3. Since we didn't include it on the 2022 return, they're adding failure to file/pay penalties Is that right?
Yes, you've got it exactly right. The RMD should have been reported in 2022 even though you took it in 2023, since that's the year it was required. So you would need to file an amended return for 2022 showing this income. The IRS is essentially doing this correction for you automatically, which is why they're adding the tax on the RMD amount plus the failure to file/pay penalties. This is separate from the 50% excise tax penalty (which your Form 5329 requested a waiver for). I'd recommend responding to their notice explaining that you already filed Form 5329 requesting a waiver of the excise tax penalty since you corrected the error as soon as you discovered it. You might still owe the regular income tax plus some penalties for late filing/payment, but you can often get those reduced if you show good faith in correcting the issue.
Just to add another perspective - my father missed his RMD two years ago, and we went through this same process. We had to: 1. Take the missed distribution immediately 2. File Form 5329 requesting a waiver of the 50% penalty 3. Include a letter explaining WHY it was missed (in our case, health issues) 4. File an amended return to include the missed RMD as income in the correct year The IRS initially sent a similar notice to what you received, but after we responded with a detailed explanation, they waived most of the penalties. We still had to pay the basic income tax on the distribution amount plus some interest, but they removed the failure to file/pay penalties. The key was providing a legitimate reason why it was missed and showing we corrected it immediately upon discovery.
How long did it take for the IRS to respond after you sent in all that documentation? I'm in a similar situation and getting anxious about how long the process might drag on.
@Maya Patel That s'really helpful to hear about your experience! What kind of health issues did you cite as the reason? My dad had some memory issues around that time period that might have contributed to him forgetting the RMD, but I m'not sure if that would qualify as a legitimate reason in the IRS s'eyes. Also, when you filed the amended return, did you include the distribution as 2022 income even though it was actually taken in 2023? I m'still confused about the timing of when to report it.
Check your pay stub carefully to make sure "exempt" isn't checked somewhere. Sometimes if you write "EXEMPT" on your W4 (which you should only do if you had no tax liability last year and expect none this year), payroll will not withhold any federal income tax.
Don't panic! This is actually a pretty common issue and it's fixable. Since you caught it early (only 6 weeks in), you're in a much better position than if you'd discovered this in December. Here's what you need to do immediately: 1. **Get a new W4 from HR/payroll** - Tell them explicitly that federal income tax isn't being withheld and you need to correct this ASAP. 2. **When filling out the new W4**, be very clear about your filing status (Single) and consider adding extra withholding in section 4(c) to make up for what you've missed. For your income level (~$31K annually), you'll want to catch up on roughly $450-600 in federal withholding that should have been taken out already. 3. **Double-check your pay stub** after the next paycheck to confirm federal taxes are actually being withheld. The most likely culprits are: your employer entered your W4 incorrectly, accidentally marked you as "exempt," or there was a data entry error in their payroll system. This happens more often than you'd think, especially with new employees. Since you're fixing this now rather than at year-end, you shouldn't face any underpayment penalties as long as you get enough withheld for the remainder of the year. You've got this!
This is such a helpful discussion! I'm dealing with a similar situation with my company's car allowance - they're taxing it but excluding it from 401k calculations. After reading through everyone's experiences, I'm realizing I need to be more systematic about this. The advice about requesting the Summary Plan Description and looking for the specific definition of "eligible compensation" is exactly what I needed to hear. I've been accepting HR's vague explanations without actually seeing the documentation. What really struck me was Rachel's calculation showing $60,000 in lost retirement savings over 30 years. I never thought about the compound effect like that. My car allowance is $600/month, so even with a smaller amount, I'm potentially looking at significant long-term losses. I think my next steps will be: 1) Request the SPD and look for specific language about what's included/excluded, 2) Calculate the actual financial impact like Rachel did, and 3) approach my manager during our next one-on-one to discuss restructuring my compensation package. Has anyone found that companies are more willing to make these changes during annual compensation reviews, or is it better to bring it up as soon as possible? I don't want to wait until next year if there's a chance to fix this sooner.
I'd recommend bringing it up sooner rather than waiting for annual reviews, especially if you can document potential plan document inconsistencies like some others have found. Here's why: if there's actually an error in how they're interpreting the plan, getting it corrected sooner means you won't lose additional months of potential matching contributions. That said, timing your conversation strategically can help. If you have regular one-on-ones with your manager, that's perfect for introducing the topic as a "financial planning question" rather than a complaint. You can mention that you've been reviewing your retirement savings strategy and want to better understand how your total compensation works. The calculation approach Rachel used is brilliant - definitely run those numbers for your $600/month allowance. Even at a 4% employer match, you're potentially missing $288/year in matching, which over 30 years could be $25,000-30,000 in retirement savings. Having concrete numbers makes the conversation much more compelling. One thing I'd add - when you get the SPD, also look for any language about plan amendments or how compensation definitions can be updated. Some plans have more flexibility built in than others, which could influence your negotiation strategy.
This thread has been incredibly eye-opening! I'm a tax preparer and I see this confusion all the time with clients. What many people don't realize is that the IRS has different rules for different purposes - what counts as taxable income for Form W-2 purposes isn't necessarily the same as what counts for retirement plan contributions. The key thing to understand is that your employer's 401(k) plan document is essentially a contract that defines the rules for that specific plan. As long as they follow their own written rules consistently and pass IRS non-discrimination testing, they have a lot of flexibility in how they define "eligible compensation." I've seen clients in similar situations who were able to get their issues resolved, but it usually required one of three approaches: 1) Finding an actual error in how the company was interpreting their own plan document, 2) Negotiating a compensation restructure during performance reviews, or 3) Working with benefits administrators to clarify plan language that was genuinely ambiguous. The long-term impact calculations people have shared here are spot-on. Missing employer matching on even $500-1000/month in allowances can easily cost you $30,000-60,000 in retirement savings over a career. That's definitely worth a few uncomfortable conversations with HR! My advice: get the plan documents, run the numbers, and approach it as a financial planning optimization rather than a complaint. Good luck everyone!
Thank you for this professional perspective! As someone new to navigating these workplace benefits, it's really helpful to hear from a tax preparer who sees these situations regularly. Your point about the plan document being essentially a contract is something I hadn't considered - it makes sense that companies have flexibility as long as they're consistent and follow IRS rules. I'm curious though - in your experience, how common is it for companies to have genuinely ambiguous language in their plan documents? It seems like several people in this thread have found discrepancies between what HR told them and what their actual plan documents said. Is this usually due to HR not understanding the plan rules, or are the documents themselves often unclear? Also, when you mention "IRS non-discrimination testing," does that mean there are situations where excluding certain allowances from retirement calculations could actually create compliance issues for employers?
Great thread! Just wanted to add one more consideration that hasn't been mentioned yet - if you're planning to upgrade to a higher-value vehicle in the future, starting with actual expenses now might limit your flexibility later. For example, if you use actual expenses on your current Honda Accord lease and then want to lease a BMW or Mercedes next year, you'd be locked into actual expenses for that vehicle too. But if those luxury vehicles have high lease inclusion amounts, the standard mileage rate might actually be more beneficial. Also, don't overlook the administrative burden. I switched from actual expenses to standard mileage last year specifically because tracking every single receipt, gas purchase, and maintenance cost was eating up way too much of my time. The standard rate is so much simpler - just track your business miles and multiply by the rate. Given that you're already at 75% business use (which is quite high), the standard mileage method would probably work well for you and keep things simple for your first year in business.
This is such a helpful perspective, especially about the flexibility issue! I'm actually in a similar boat - just started my LLC this year and was leaning toward actual expenses because I thought it would save more money. But you're right about the administrative burden. I've already spent way too many hours this month trying to organize receipts and figure out what counts as a deductible expense versus what doesn't. The point about being locked into actual expenses for future vehicles is really eye-opening too. I hadn't thought about what happens if I want to upgrade my lease in a couple years. Starting with standard mileage definitely seems like the safer, simpler route for a newcomer like me. Thanks for sharing your experience!
As someone who just went through this exact decision process last month, I'd strongly recommend starting with the standard mileage rate for your first year. Here's why: 1. **Simplicity**: You're already juggling learning how to run a business - don't add unnecessary tax complexity on top of it. Standard mileage just requires tracking business vs personal miles. 2. **Your usage percentage**: At 75% business use, you're in the sweet spot where standard mileage typically works well. The current rate of 67 cents per mile factors in all those costs you mentioned (lease payments, maintenance, gas, insurance). 3. **Flexibility**: If you start with standard mileage, you can always switch to actual expenses next year if your situation changes. But if you start with actual expenses, you're locked in for the entire lease period. 4. **Audit protection**: A simple mileage log with dates, destinations, and business purposes is much cleaner than boxes of receipts if you ever face an audit. For your Honda Accord at $425/month, you'd need to drive quite a few business miles for standard mileage to beat actual expenses, but given that you're doing client visits (which typically means decent mileage), it's likely competitive or better. My advice: Start simple with standard mileage, get a good mileage tracking app, and focus your energy on growing your consulting business rather than managing receipts!
This is exactly the kind of practical advice I was hoping to find! I'm also brand new to running my own business (started my marketing consulting LLC just 3 months ago) and have been completely overwhelmed trying to figure out the "right" way to handle vehicle expenses. I've been leaning toward actual expenses because I thought it would automatically save me more money, but you make a really compelling case for starting simple. The point about focusing energy on growing the business rather than managing receipts really resonates with me. I've already spent way too many weekends trying to organize financial records when I should have been working on client projects or business development. Quick question though - do you have any recommendations for mileage tracking apps? I've been using a basic spreadsheet but I'm worried about accuracy and whether it would hold up if the IRS ever questioned it.
Angelica Smith
This is such valuable information! I'm in a similar situation at 29 with a Roth 401k through my employer. Reading through this thread has been incredibly enlightening - I had no idea about the prorating rule difference between Roth 401k and Roth IRA withdrawals. One thing I'm curious about: when you do the rollover, how do you track the contribution basis vs. earnings for tax purposes? Do the financial institutions provide clear documentation, or do you need to maintain your own records? I'm worried about accidentally withdrawing earnings thinking they're contributions and getting hit with unexpected taxes and penalties. Also, for anyone considering this strategy, I'd recommend double-checking with your current 401k provider about any rollover fees or restrictions. Some plans have waiting periods or processing fees that could affect your timeline.
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Rosie Harper
β’Excellent question about tracking! When you do a direct rollover, your receiving financial institution (like Fidelity, Vanguard, etc.) should provide you with documentation showing the breakdown of contributions vs. earnings from the rollover. They're required to track this for tax reporting purposes. You'll typically receive a Form 5498 that shows your rollover contributions, and most brokers have online portals where you can see your contribution basis clearly separated from earnings. I'd recommend taking screenshots or keeping records of these statements right after the rollover for your own peace of mind. Pro tip: When you eventually make withdrawals, the IRS requires you to report them on Form 8606 if any portion consists of earnings. The financial institution will send you a 1099-R, but it's your responsibility to correctly report whether the withdrawal was from contributions (tax-free) or earnings (potentially taxable/penalized). And yes, definitely check for rollover fees! Some 401k providers charge $50-100 for processing rollovers. Also ask about any restrictions on partial rollovers if you only want to move a portion of your balance initially.
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Miguel Ortiz
This thread has been incredibly helpful! As someone who's been contributing to a Roth 401k for the past 4 years without fully understanding the withdrawal differences, I feel like I finally have a clear picture. One additional consideration I wanted to mention: if you're planning to do this rollover, timing can matter for tax purposes. I learned from my financial advisor that it's often best to complete rollovers early in the tax year so you have the full year to track any subsequent withdrawals properly. Also, for anyone worried about the complexity of tracking contributions vs. earnings after a rollover - most major brokerages (Schwab, Fidelity, Vanguard) have really good online tools that clearly show your contribution basis. They make it pretty foolproof to see what you can withdraw without penalties. The peace of mind knowing I can access my contributions in a true emergency while still keeping everything growing for retirement has been worth the rollover process. Just make sure you understand all the rules before making any moves!
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Amara Adebayo
β’This is such a comprehensive discussion! I'm completely new to understanding retirement accounts and this thread has been a goldmine of information. I've been putting money into my employer's Roth 401k for about a year now, but honestly had no clue about any of these withdrawal rules or differences between account types. The timing tip about completing rollovers early in the tax year is really smart - I hadn't thought about how that could simplify tracking throughout the year. And it's reassuring to hear that the major brokerages have good tools for tracking contribution basis vs. earnings. As someone just starting out with retirement planning, should I be concerned about having "too much" accessibility to my retirement funds? I like the idea of having that emergency access, but I'm also worried I might be tempted to use it when I shouldn't. Is there a recommended strategy for balancing emergency fund savings vs. maxing out retirement contributions when you're younger?
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