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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.

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NeonNova

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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?

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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.

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Maya Patel

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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.

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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.

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Emma Wilson

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@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.

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Liam Duke

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Hey, quick question - if I have ADRs from multiple countries, do I need to separate the Foreign Qualified Dividends by country? My broker's statement shows foreign tax paid from 3 different countries.

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Yes, if you're filing Form 1116 for the Foreign Tax Credit, you'll need to separate your foreign income and taxes by country. The form requires you to categorize by country to properly calculate the credit limitations. If your foreign taxes are under $300 ($600 if married filing jointly) and you're claiming the simplified credit on Schedule 3, you don't need to separate by country. But since you mentioned multiple countries with foreign tax withholding, Form 1116 might be required in your case.

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Lara Woods

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This is a great thread with lots of helpful info! I just wanted to add one more practical tip for anyone dealing with this situation - don't forget to check if your ADR company provides annual tax information packets. Many foreign companies that issue ADRs will send out detailed tax information documents to ADR holders around tax season that specifically break down qualified vs non-qualified dividends and foreign tax withholding by country. These are often posted on the company's investor relations website under "Tax Information" or "ADR Tax Documents." I found this out the hard way after spending hours trying to get info from my broker, only to discover the company had already published everything I needed in a nice PDF document. Some companies even provide pre-filled forms or worksheets that make the whole process much easier. Worth checking before going through all the hassle with brokers!

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Zoe Walker

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Don't make this more complicated than it needs to be! Here's the simple version: 1) If anyone in the household has a regular medical FSA, nobody in the household can contribute to an HSA 2) If the FSA is limited to just dental/vision, then HSA is still allowed 3) If the FSA is "post-deductible" (only kicks in after meeting deductible), HSA is still allowed I went through this whole mess last year. Ended up having my wife decline her FSA so I could max out my HSA since the HSA has better long-term benefits (investment options + no "use it or lose it" rule).

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Elijah Brown

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But what about dependent care FSAs? Those are for childcare costs not medical right? Do those also make you ineligible for an HSA?

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Zoe Walker

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No, dependent care FSAs have absolutely no impact on HSA eligibility! They're completely separate because they cover childcare expenses, not medical expenses. You can absolutely have a dependent care FSA and an HSA at the same time without any problems. The rules only apply to healthcare FSAs that could potentially overlap with what an HSA covers. Dependent care is a whole different category in the tax code.

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Malik Jackson

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Just wanted to add another perspective for folks dealing with this FSA/HSA household issue - timing matters a lot for your decision! If you're currently in a situation where your spouse has a regular FSA that's disqualifying you from HSA contributions, don't forget that you can make changes during your spouse's next open enrollment period. Most companies have open enrollment in the fall for the following year's benefits. Also worth noting: if your spouse has a qualifying life event (like job change, birth of child, etc.), they might be able to switch from a regular FSA to a limited purpose FSA mid-year, which could open up HSA eligibility for you sooner than waiting for the next enrollment period. The key is planning ahead since these accounts have different contribution deadlines. HSA contributions can be made up until the tax filing deadline (usually April 15th), but FSA elections are typically locked in during open enrollment and can't be changed without a qualifying event. One strategy that worked for my family: we calculated the total tax savings from both scenarios (spouse FSA + my regular health plan vs. spouse limited FSA + my HSA) and found the HSA route saved us about $800 more per year, especially since we can invest HSA funds for long-term growth.

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This is exactly the kind of strategic planning I wish I'd known about earlier! I'm curious about the investment aspect you mentioned - can you really invest HSA funds like a retirement account? My employer's HSA just seems like a regular savings account with a debit card. Also, when you calculated the $800 savings, did that include the potential investment growth from the HSA or just the immediate tax benefits? I'm trying to figure out if it's worth the hassle of having my husband switch his FSA during the next enrollment period.

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Zoey Bianchi

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I think everyone is overlooking an important aspect of multi-state partnership reporting - the withholding requirements. Many states require partnerships to withhold taxes for nonresident partners, regardless of whether you ultimately need to file a return there. Check your K-1s carefully - they should indicate if any state taxes were withheld on your behalf. If taxes were withheld, you'll likely need to file a nonresident return in that state, even if you otherwise wouldn't have a filing requirement, just to get a refund of over-withheld amounts. This happened to me with a partnership that withheld Oregon state taxes at their highest marginal rate, but after applying deductions and credits, my actual Oregon liability was much lower. I had to file an Oregon nonresident return to get back about $2,300 in over-withheld taxes.

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This is a really good point. I missed this one year and realized later that one of my partnerships had withheld state taxes in Illinois that I never claimed back because I didn't file there. Do you know if there's a time limit for going back and filing to get those withholdings refunded?

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Most states have a 3-4 year statute of limitations for claiming refunds of overpaid taxes, but it varies by state. Illinois typically allows 4 years from the original due date of the return to file for a refund. So if this was from your 2020 tax year, you'd have until April 2025 to file an Illinois nonresident return and claim those withholdings. I'd recommend checking the specific statute of limitations for Illinois on their Department of Revenue website, or calling them directly. Even if you're close to the deadline, it's usually worth filing - I've seen people recover significant amounts from partnership withholdings they forgot about. Just make sure you have all the documentation from that year's K-1 showing the withholding amounts.

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Andre Dupont

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This is a really comprehensive discussion! I wanted to add one more consideration that might apply to your situation - apportionment factors for multi-state partnerships. Since your Colorado partnership is investing in real estate across multiple states, you'll want to understand how each state apportions partnership income. Some states use a single sales factor, others use three-factor formulas (property, payroll, sales), and this can affect how much of the partnership's income is actually subject to tax in each state. For real estate partnerships specifically, most states will source the income to where the property is physically located. But if the Colorado partnership is also engaged in management activities (property management, development decisions, etc.), some of that income might be sourced to Colorado based on where those business activities occur. I'd recommend asking your partnership for a breakdown of how they've allocated income by state on their partnership returns. This information should help you understand not just which states might require filings, but also how much income is actually attributable to each state. Sometimes the state-by-state breakdown is much different than what you might assume just from looking at where the underlying properties are located.

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Chris King

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Not directly related to your immediate question but since you're just starting a new job after a gap: remember that your 2024 withholding might seem wrong all year because the system assumes you've been making that $22/hour since January. If you've been unemployed most of the year, you might end up having too MUCH withheld relative to what you'll actually owe. Just something to keep in mind when you're looking at your paychecks after fixing the current $0 withholding issue.

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GalaxyGlider

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This is a really common issue with the redesigned W4! The good news is that it's likely fixable. Since you only filled out steps 1 and 5, the payroll system is making assumptions about your tax situation that might not be accurate for your specific pay schedule and start date. Here's what I'd recommend: Wait for your next full two-week paycheck to see if withholding appears once the system has better data about your actual earning pattern. If there's still no FITW on that check, you'll need to submit a new W4 with an additional withholding amount in Step 4(c). A quick calculation: At $22/hour for 40 hours/week, you're looking at about $45,760 annually. Even with the standard deduction, you'd owe roughly $3,900-4,200 in federal taxes for the year. If you end up needing to add extra withholding, putting around $80-85 per paycheck in Step 4(c) should get you close to the right amount. Don't panic though - catching this early means you have plenty of time to correct it before tax season!

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This is really helpful advice! I'm in a similar situation - new job after being out of work, and I was so confused by the new W4 form. The calculation you provided for the additional withholding amount is exactly what I needed to see. Quick question though: if I submit a revised W4 with the extra amount in Step 4(c), will my employer automatically start using the new form for the next paycheck, or is there usually a delay? I want to make sure I get this corrected as soon as possible.

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