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Just want to add some practical perspective as someone who dealt with Section 965 issues. The constitutional challenges people mention are mostly about the retroactive nature of the tax - it essentially changed the rules after the fact for earnings that had accumulated over decades. Technically, it works by adding previously untaxed foreign earnings to your Subpart F income, making it an "addition to income" mechanically. But the intent and effect was to tax foreign earnings that had been deferred, which is why it's called a "repatriation tax" - it removes the tax benefit of keeping money offshore. For smaller shareholders, there are some deductions and lower rates that can apply. Don't try to navigate this alone - get professional help because the reporting can be very complicated.
Are there any special forms I need to file if Section 965 applies to me? My tax software doesn't seem to have anything specific about this.
Yes, there are specific forms and worksheets required. You'll need to file Form 965 along with your tax return, and potentially several schedules that go with it. Most consumer tax software doesn't handle Section 965 calculations well, which is why professional help is recommended. The IRS also requires a Section 965 Transition Tax Statement to be attached to your return. Additionally, if you elected to pay the tax over installments (which was an option when the law first passed), there's ongoing reporting for that as well. If you're using consumer tax software, this is one area where it might not have the capabilities to properly guide you through the complex requirements.
For anyone still confused about the "addition to income" vs "repatriation tax" question - here's a simple way to think about it: Method: Section 965 works by ADDING previously untaxed foreign earnings to your income (technically to Subpart F income). Effect: This functions as a REPATRIATION tax because it accomplishes what bringing the money back to the US would do tax-wise, without requiring actual movement of funds. So both descriptions are accurate - it's an addition to income that creates a repatriation tax effect. The controversy isn't really about which term is more accurate but about whether it's fair to retroactively change tax treatment of earnings that were legally deferred under previous law.
5 Is there ANY tax strategy you could use for 2025 to help with this situation? Like increasing retirement contributions or finding other deductions to offset the overall tax impact? Seems like there should be SOMETHING you can do.
5 These are great suggestions. I didn't think about maxing out retirement accounts! I haven't contributed much to my 401k this year so I could definitely increase that. How would I know if I have any investments at a loss that I could sell? Would I just look at my current portfolio and check what's down from my purchase price?
14 Yes, exactly! Just look at your current portfolio and identify any investments that are currently valued lower than what you paid for them. Those are your potential tax-loss harvesting opportunities. Your brokerage should show your cost basis and current value for each position. Remember that if you sell something at a loss and buy the same or a "substantially identical" security within 30 days before or after the sale, that's considered a wash sale and you can't claim the tax loss. You can buy something similar but not identical to maintain market exposure while still harvesting the tax loss.
10 Has anyone tried to talk to their broker about this kind of situation? Just wondering if they might have some advice or special tricks they know about.
9 I talked to my Fidelity advisor about almost this exact same situation last year. They basically confirmed what everyone here is saying - you're stuck with the tax bill for the year the gains were realized, but they did help me put together a tax-loss harvesting strategy for the following year to minimize the ongoing impact. Depending on your broker, they might offer free consultations that could be helpful.
One critical piece of advice for anyone filing Form 8857: be extremely specific about which tax years you're seeking relief for! I made the mistake of being vague and my case was initially delayed for months. Also, make sure you specifically request relief under all three types (innocent spouse relief, separation of liability, and equitable relief) even if you think only one applies to your situation. The IRS will evaluate which is most appropriate, but you need to request consideration for all three.
Does requesting all three types of relief make the process take longer? I'm trying to get this resolved as quickly as possible and don't want unnecessary delays.
Requesting all three types actually doesn't extend the processing time at all. The IRS evaluates your case for all types simultaneously, not sequentially. They automatically consider which type you qualify for, starting with innocent spouse relief, then separation of liability, and finally equitable relief. The biggest factors affecting processing time are completeness of documentation and current IRS backlog. Making sure you provide thorough documentation up front is the best way to avoid delays. If you only request one type and don't qualify, they'll reject your case entirely rather than considering if you might qualify under another type.
Does anyone know if the IRS is still processing these claims during tax season? I filed my Form 8857 in January and haven't heard anything. Starting to worry it's just sitting in a pile somewhere.
They process innocent spouse claims year-round, but there's definitely slowdown during filing season. My claim took 9 months last year, with 4 of those months being during tax season when it basically didn't move at all. You might not hear anything until May or June.
Can we see the cartoon? I could use a laugh during tax season. I just spent 3 hours trying to figure out if I can deduct my home internet as a business expense since I WFH 3 days a week but my employer doesn't reimburse internet costs. Still not sure if I can...
For partial work from home situations, you can only deduct the business percentage of your internet if you're self-employed. W-2 employees lost the ability to deduct unreimbursed business expenses after the Tax Cuts and Jobs Act, unless you're certain specific professions like armed forces reservists, qualified performing artists, or fee-basis state/local government officials.
Haha I'd love to see the cartoon too! Last year I owed $4,700 in taxes because my employer didn't withhold enough, despite me selecting "single, 0 dependents" on my W-4. Now I'm paranoid and having them take out an extra $200 per paycheck. The whole system feels designed to make us either overpay or get hit with a surprise bill!
Gemma Andrews
Another option you might consider is contacting the CFPB (Consumer Financial Protection Bureau). Mortgage servicers are required to respond to complaints filed through the CFPB within a specific timeframe. I had to do this when my servicer kept "losing" my escrow analysis requests. Filed a complaint through the CFPB portal, and suddenly my servicer became MUCH more responsive. Within a week I had a call from someone in their "executive response team" who actually had authority to fix issues. Since generating tax forms is part of their regulatory obligations, a CFPB complaint might light a fire under them to provide your 1098 properly.
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Rosie Harper
ā¢That's a great idea! Do you know if there's a specific category I should select when filing a CFPB complaint about tax forms? And roughly how long did it take from filing to getting a response from your servicer?
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Gemma Andrews
ā¢When you file with the CFPB, select "mortgage" as the product, then "problem with a lender or mortgage servicer" as the issue. In the details section, specifically mention they're refusing to provide required tax documentation (Form 1098) despite your repeated requests, and explain briefly that the property is in a family trust but you're the payer and taxpayer who needs the form. In my case, I received acknowledgment from the CFPB within 1-2 days, and my servicer contacted me about 5 business days later. They're required to respond to the CFPB within 15 days in most cases, but serious issues often get faster attention. Most mortgage companies have dedicated teams just for handling regulatory complaints, and these teams typically have much more authority to resolve issues than regular customer service.
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Pedro Sawyer
Just throwing this out there - I'm a retired mortgage banker and this happens more often than you'd think with properties in trusts. One workaround while you're fighting with the servicer: ask them to provide a yearly interest statement or payment history on company letterhead. It's not a 1098, but it contains the same information and can be used to substantiate your tax deduction. The IRS cares about verification of how much interest you paid, not specifically whether it's on form 1098. Many accountants and tax preparers are familiar with this situation, particularly with high-net-worth clients who often have properties in trusts.
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Mae Bennett
ā¢That's really helpful advice! Would you suggest requesting this letter specifically from the Escrow Department or another particular department? I always struggle with knowing who exactly to ask for when calling these big mortgage companies.
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