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Ask the community...

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Omar Hassan

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11 Has anyone had issues with the "born alive" requirement? My twins were born December 24th, but one had complications and sadly passed away two days later. The hospital issued a birth certificate AND a death certificate. Can I still claim both as dependents for 2021?

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Omar Hassan

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8 First, I'm so sorry for your loss. Yes, you can claim both children as dependents for 2021. The IRS rule is that a child who is born alive during the tax year but passes away before the end of the year can still be claimed as a dependent. You'll need both the birth certificate and SSN for each child (the hospital should have helped start the SSN application process even for your child who passed). If for some reason you don't receive an SSN for your child who passed away, the IRS allows you to write "DIED" in the SSN field on your tax return, along with the date of death. You may want to attach a copy of the birth certificate to your return in this case.

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Cameron Black

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Congratulations on your new baby! Yes, you can absolutely claim your December 21st baby as a dependent for the entire 2021 tax year. The IRS has a simple rule: if a child is born at any point during the tax year, they can be claimed as a dependent for the full year. You'll be eligible for the full $3,600 Child Tax Credit for 2021 - there's no proration based on how many days your baby was actually here. And you're correct about the $1,400 Economic Impact Payment - since your baby wasn't born when those went out, you'll claim it as the Recovery Rebate Credit on your 2021 tax return. Regarding the SSN and birth certificate timing - you'll need your baby's Social Security Number to actually file your tax return and claim her as a dependent. The good news is that the date the documents are issued doesn't matter, only her actual birth date. So even if her SSN card doesn't arrive until February 2022, you can still claim her on your 2021 taxes as long as you have the number before you file. If you're getting close to the filing deadline and still don't have the SSN, you can always file for an extension to give yourself more time. But once you have that number, you're all set to claim all the benefits for your little one!

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Sean Doyle

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This is really helpful! I'm in a similar situation with my baby born December 15th. One quick follow-up question - do I need to do anything special to apply for the Recovery Rebate Credit for my baby, or does it automatically calculate when I add her as a dependent on my return? I'm using tax software and want to make sure I don't miss claiming that $1,400.

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Has anyone actually been audited over 1099-K stuff for selling personal items? I'm in a similar boat with some sports memorabilia I sold last year. My understanding is that personal items sold at a loss aren't even supposed to be reported - like if you sell your old laptop for less than you paid, that's not income or a deductible loss.

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Luis Johnson

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That's mostly correct, but the problem is the 1099-K makes it look like income to the IRS. If you don't report it at all, they'll send you a letter asking why the amount on your 1099-K isn't on your return. Better to report it on Schedule D showing zero gain or a loss (even though personal losses aren't deductible) than to ignore it completely.

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Kylo Ren

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I'm dealing with a very similar situation with Pokemon cards I sold last year! Got a 1099-K for about $8K but definitely sold at a loss overall. One thing that helped me was creating a spreadsheet breaking down my collection by era and card type - I used a combination of PSA population reports and old price guides from when I originally bought the cards (many from the late 90s/early 2000s). For cards I couldn't find specific historical data on, I used the "replacement cost method" - basically what it would have cost to buy similar condition cards at the time I purchased them. I kept screenshots and printed documentation of everything I used as sources. The key thing my tax preparer told me was that the IRS expects "reasonable effort" not perfection, especially for collectibles purchased over many years. As long as you can show you made a good faith attempt to establish your basis using available data, you should be fine. Don't let the 1099-K stress you out too much - it's just a reporting document, not a tax bill!

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Sienna Gomez

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This is really reassuring to hear from someone who went through the same process! The "replacement cost method" sounds like a smart approach - I never thought about using PSA population reports as documentation. Did your tax preparer give you any specific guidance on how detailed the spreadsheet needed to be? I'm wondering if I should break things down by individual sets or if broader categories would be sufficient. Also, when you say "reasonable effort," do you have a sense of what that actually means in practice? Like is there a minimum amount of documentation the IRS would expect to see? I'm definitely feeling less stressed about this after reading everyone's responses. It's good to know I'm not the only one dealing with this 1099-K situation!

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Need help with $12,884 refund freeze on 2024 transcript - codes 810 & 570 showing pending action until March 17th

I filed my 2024 taxes electronically on January 25th and got accepted right away. According to my transcript, I'm supposed to get a refund of $12,884.00, but I'm really worried because there's a refund freeze and additional action pending. I just pulled my Account Transcript from the IRS website today (02-28-2025). My transcript shows: FORM NUMBER: 1040 TAX PERIOD: Dec. 31, 2024 ACCOUNT BALANCE: -$12,884.00 ACCRUED INTEREST: $0.00 AS OF: Mar. 17, 2025 ACCRUED PENALTY: $0.00 AS OF: Mar. 17, 2025 ACCOUNT BALANCE PLUS ACCRUALS: -$12,884.00 ** INFORMATION FROM THE RETURN OR AS ADJUSTED ** EXEMPTIONS: 03 FILING STATUS: Head of Household ADJUSTED GROSS INCOME: $19,581.00 TAXABLE INCOME: $0.00 TAX PER RETURN: $1,745.00 SE TAXABLE INCOME TAXPAYER: $11,403.00 SE TAXABLE INCOME SPOUSE: $0.00 TOTAL SELF EMPLOYMENT TAX: $1,745.00 RETURN DUE DATE OR RETURN RECEIVED DATE (WHICHEVER IS LATER): Apr. 15, 2025 PROCESSING DATE: Mar. 17, 2025 TRANSACTIONS: CODE EXPLANATION OF TRANSACTION | CYCLE | DATE | AMOUNT 150 Tax return filed | 20250905 | 03-17-2025 | $1,745.00 30211-423-23784-5 806 W-2 or 1099 withholding | | 04-15-2025 | -$5,107.00 810 Refund freeze | | 01-31-2025 | $0.00 766 Credit to your account | | 04-15-2025 | -$2,562.00 768 Earned income credit | | 04-15-2025 | -$6,960.00 570 Additional account action pending | | 03-17-2025 | $0.00 I'm really concerned about the code 810 "Refund freeze" from January 31st and the code 570 "Additional account action pending" from March 17th. I don't understand why my refund is being held up. I'm a Head of Household filer with three dependents. My income was around $19,581 with self-employment income of about $11,403. The transcript shows my withholding of $5,107.00, earned income credit of $6,960.00, and another credit of $2,562.00. Everything seems to add up to the refund amount of $12,884.00, but these codes are preventing me from getting my money. I was counting on this refund to catch up on bills that are piling up. Has anyone dealt with these specific codes (810 and 570) before? How long typically does it take to resolve these issues? I've tried calling the IRS multiple times but can't get through to a real person. The processing date shows March 17, 2025 - does that mean I won't see movement until then?

Kevin Bell

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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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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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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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How to fix an excess 401k contribution after employer acquisition confusion?

So I'm in a bit of a sticky situation with my 401k contributions and need some advice. Last year when my company got bought out, there was a ton of confusion with the transition. Between the two employers and some PTO payouts, I accidentally went over the annual 401k contribution limit by about $1,350. I didn't catch this until early February when I was comparing my W2s from both companies. I immediately contacted HR to try and get this fixed, but I'm getting mixed messages and now I'm worried about potential penalties. Here's what's happened so far: They removed the excess amount from my 401k about three weeks ago and sent me a check last week. I noticed they withheld 20% for taxes though. When I called the 401k administrator, they told me I'll get a 1099-R for the current tax year showing the excess contribution as taxable income, plus credit for the withholding. They said they'll code it as an excess contribution withdrawal so I won't pay early withdrawal penalties. But everything I've read online suggests this isn't the right approach. From what I understand, I should get the full amount back now, have my previous year's W2 corrected to reduce the 401k contribution amount and add the excess to my taxable wages, then pay income taxes on it with last year's return. I thought I should only get a 1099-R for any earnings on the excess amount. I've brought this up with both HR and the 401k provider, but they insist everything is correct. They're telling me to file my taxes normally with the original W2s showing the excess contribution, and then next year when I file, I'll include the 1099-R and only be taxed on that $1,350 as non-penalized income with the tax withholding credited. I'm super confused about whether this is the right way to handle it. Will the IRS have an issue with my return showing I went over the contribution limit, especially since I can't prove I fixed it until next year's taxes? If I get the 1099-R and include it with next year's taxes, will I just pay normal income tax on the $1,350 without penalties? Some articles I read suggested that fixing this by March of the following year means no penalties, but waiting longer means getting a 1099-R and possibly paying taxes twice? At this point, I'm ready to just go with what they're saying since I don't want to cause trouble, but I need to know if this approach is correct or if I'll have issues later. Any guidance would be really appreciated!

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?

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NeonNova

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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.

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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.

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Rachel Tao

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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.

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Derek Olson

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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.

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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.

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