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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?
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.
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.
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.
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.
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.
I'm dealing with this exact same frustrating issue! Just wanted to add another potential cause - I discovered that if you imported data from last year's return and your business circumstances changed (like if you switched from having employees to being solo, or changed your business type), TurboTax might carry over old settings that trigger the daycare fields. What worked for me was going to the Business Profile section and completely clearing out all the imported business information, then re-entering it fresh. Sometimes the import process brings over conflicting data that causes these weird form validation errors. Also, double-check that your business code (NAICS code) is correct for your actual business type. I had accidentally kept a childcare-related code from when I was helping a friend with their taxes last year, and that was making TurboTax think I needed daycare-specific fields on Form 8829. The Daycare Wks field should definitely be blank for regular home offices - it's only for licensed daycare providers who need to calculate time-space percentages differently than other home businesses.
This is such a helpful tip about the imported data causing issues! I've been wrestling with this same problem and never thought to check if old business information was carrying over. I did help my sister with her daycare taxes last year on my computer, so that might explain why TurboTax keeps thinking I run a daycare business. Going to try clearing out the Business Profile section and starting fresh like you suggested. The NAICS code tip is gold too - I bet that's exactly what's happening. It's so frustrating how these little details can mess up the whole form validation process! Thanks for sharing your solution, this gives me hope I can finally get past this error and submit my return.
I've been following this thread because I had the exact same "Daycare Wks should be blank" error last week! After trying several of the suggestions here, I found that my issue was actually in the TurboTax interview process - I had answered "Yes" to a question about whether I provided services to children in my home business, thinking it was asking about my online tutoring business. That single answer triggered TurboTax to classify my business as childcare-related, which automatically enabled all the daycare-specific fields on Form 8829. Once I went back and corrected that answer to reflect that I don't provide in-person childcare services, the Daycare Wks field disappeared entirely and I could complete the form normally. For anyone still stuck on this: try searching for "child" or "daycare" in your business interview answers and make sure you haven't accidentally indicated you provide childcare services. Sometimes the questions are worded in a way that makes it easy to give the wrong answer if you work with kids in any capacity (tutoring, coaching, etc.) but don't actually run a daycare from your home.
I had success with my 2021 refund after waiting patiently. Filed in February 2024, received in April 2024. The key was having meticulous documentation. I created a folder with copies of all supporting documents. Included a cover letter explaining my late filing. Made sure every form was properly signed. Verified my direct deposit information three times. The effort paid off with a smooth process and no unexpected delays.
Different approach that worked for me: ⢠Filed through a tax professional instead of DIY ⢠Used Certified Mail with Return Receipt ⢠Included Form 8822 to update address ⢠Called the dedicated Prior Year Return hotline (not the main IRS line) ⢠Requested Tax Advocate assistance after 60 days Result: 2021 refund processed in 7 weeks instead of the quoted 16 weeks. Anyone tried this combination?
Did the Prior Year Return hotline actually help? I've been trying different IRS numbers with no luck. What's the best time to call them?
The Prior Year Return hotline is 1-877-777-4778, but honestly the wait times are still brutal. I found the best time to call is right when they open at 7am local time. Also, if you get disconnected, they usually have a callback feature now that actually works. The Tax Advocate route is solid advice - you don't always need financial hardship, just show that normal IRS processes aren't working for your situation after reasonable time has passed.
Kevin Bell
I've been through this exact situation before! The 810 and 570 codes together usually indicate they're doing an income verification review, especially common with self-employment income and EIC claims like yours. The March 17th processing date is actually a good sign - it means they have your return scheduled for completion around then. Since you're on cycle ending in '05, your transcript will only update on Friday mornings, so don't stress checking it daily. A few things that helped me when I was in refund limbo: ⢠Keep checking your mail for any IRS letters (CP05, 4464C, etc.) ⢠Your refund amount is still showing as the full $12,884, which means they haven't adjusted anything yet ⢠Most income verification reviews resolve without needing additional documents from you I know the waiting is brutal when you're counting on that money. In my case, it took about 6 weeks total but I eventually got every penny. The IRS is just being extra careful this year with larger refunds involving self-employment income. Hang in there - that March 17th date gives me hope you'll see movement soon!
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Shelby Bauman
ā¢This is really reassuring to hear from someone who's been through the exact same thing! I've been checking my transcript obsessively but I'll stick to Fridays only now that I know about the cycle thing. Do you remember if you got any kind of letter during your review process, or did it just resolve on its own? I'm trying to figure out if I should expect mail from them or if they might just finish the review internally.
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Sophia Bennett
I went through almost the exact same situation last year with my self-employment income and EIC claim! The 810 freeze and 570 pending codes are definitely nerve-wracking, but in most cases they resolve without you having to do anything. From what I learned during my own refund delay, the IRS often does these income verification reviews on returns with significant EIC claims and self-employment income - which is exactly your situation. The good news is that your transcript still shows the full $12,884 refund amount, meaning they haven't found any issues that would reduce your refund. That March 17th processing date is actually encouraging. When I had similar codes, my transcript showed a processing date about 6 weeks out from when the review started, and my refund was released within a few days of that date. A couple things that helped ease my anxiety during the wait: ⢠I only checked my transcript on Friday mornings (since you're on a weekly cycle ending in 05) ⢠I watched my mail carefully but never received any letters requesting documents ⢠The review resolved completely on its own after about 5 weeks I know it's incredibly stressful when you're counting on that money, especially with bills piling up. But try to stay optimistic - the vast majority of these reviews end with the full refund being released. Your return looks straightforward and legitimate to me!
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