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Ask the community...

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Has anyone tried just showing up at their old workplace and asking for it in person? I did this last year and they printed it right on the spot for me. Awkward for 5 minutes but then it was done.

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Zoe Stavros

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That's actually not a bad idea if they're local! My old job was cool about it. The HR lady even apologized and said a bunch got lost in the mail. Way better than waiting on hold with the IRS.

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Jamal Harris

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Don't forget that if your employer truly never sends your W-2, and you file using Form 4852 as a substitute, you should keep records of all your attempts to get the W-2. Email them, call them, send a certified letter requesting it. If you end up having to use the substitute form, the IRS might contact your employer to verify the information, and having documentation that you tried to resolve it properly will help your case if there are any discrepancies.

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Zara Mirza

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This is great advice, thank you! I'll start keeping track of my attempts to get it. Do you think a simple log with dates and times of calls would be sufficient, or should I be sending emails so I have written proof?

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Jamal Harris

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Email is definitely better because it gives you a clear paper trail. Send a polite email to HR or payroll requesting your W-2, mentioning that you haven't received it yet and the January 31st deadline has passed. If you call, follow up with an email summarizing the call ("As we discussed on the phone today..."). For extra protection, if they don't respond to regular emails after a week, send a certified letter with return receipt. This proves they received your request. The IRS takes this stuff seriously, and if your employer is systematically failing to provide W-2s, your documentation could help with any potential investigation.

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One thing I learned creating our company WISP that might help - start by listing all the types of sensitive information your brother's construction business actually collects and stores. For example: - Client contact info and property details - Employee SSNs and banking info for payroll - Vendor account information - Financial records and tax documents - Any building plans or proprietary designs Then for each type, document HOW that information is protected. This approach makes it much more practical and focused than trying to follow a generic template.

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Ethan Wilson

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This is exactly the kind of practical advice I needed! I've been overthinking the whole process. So if I understand correctly, I should focus on the actual sensitive data they handle rather than trying to address every possible scenario in those massive templates? Should I also describe their current password policies for their systems?

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Yes, that's exactly right! Focus on the actual data they handle, not theoretical scenarios that don't apply to them. A practical WISP is much more useful than a comprehensive one that includes irrelevant sections. Definitely include current password policies for all systems that store sensitive information. Document how often passwords must be changed, minimum requirements (length, special characters, etc.), and who has access to what systems. Also include any multi-factor authentication if they use it, procedures for removing access when employees leave, and any training provided about data security. These practical elements show they're actually implementing security measures, not just documenting theoretical policies.

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Maya Patel

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can someone explain what WISP even stands for? my sister in law mentioned needing one for her therapy practice but i dont get what it is or why its needed...is it just another gov't thing to make small business life harder?

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NeonNova

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WISP stands for Written Information Security Program. It's basically a document that outlines how a business protects sensitive information like customer data, employee records, and financial information.

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Maya Patel

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thanks! so its about data protection? is this something all small businesses need now or just certain types?

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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

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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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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

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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

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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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Kyle Wallace

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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.

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Ryder Ross

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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.

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Kyle Wallace

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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.

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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.

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Thanks for explaining that - makes much more sense now! One quick question: if I already paid foreign taxes on this income in the country where it was earned, can I claim foreign tax credits to offset the Section 965 tax?

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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.

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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?

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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.

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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.

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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.

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