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Something similar happened to me last year with a CP2000. What worked for me was writing a letter requesting "interest abatement" under IRC 6404(e). That's the specific tax code that allows the IRS to reduce interest in cases where there was unreasonable delay caused by an IRS officer or employee. I specifically pointed out the dates: when my original return was filed, when the income information would have been available to the IRS from third parties, and the date they finally sent the notice. I made the case that the delay was excessive and beyond normal processing time. They actually approved it and removed about 8 months of interest charges! Make sure to be super specific about the timeline in your letter and cite the specific law. It needs to go to the specific department listed on your CP2000, not just general IRS addresses.
This is super helpful, thank you! How long did it take them to respond to your abatement request? And did you have to provide any specific evidence beyond just pointing out the timeline?
It took about 6 weeks to get a response, which was actually faster than I expected. I didn't need special evidence beyond clearly outlining the timeline with specific dates. One tip - I made sure to include all the reference numbers from the CP2000 notice at the top of my letter and made it very clear I wasn't disputing the actual adjustment, just the interest. I think that helped it get processed faster since they knew I wasn't challenging the underlying tax assessment. I also kept it to one page and very factual - no emotional language about how unfair it was. Just dates, facts, and the specific tax code.
Has anyone tried calling the Taxpayer Advocate Service about this kind of issue? I had a similar problem with a different notice and they were actually pretty helpful. They're technically separate from the IRS and can sometimes intervene when there are hardships or unfair procedures.
I tried the Taxpayer Advocate last year for a similar issue but they told me they couldn't help because it wasn't an "economic hardship" situation. Seems like they're really only equipped to help if you're facing immediate financial difficulty, not just regular interest disputes. Worth a shot I guess but they're also super backed up these days.
Good point about the hardship requirement. I think my situation qualified because I was facing a lien at the time. For regular interest issues, probably better to go with the interest abatement request directly to the IRS like others mentioned. The Taxpayer Advocate is really more for when you're truly stuck in the system or facing serious consequences.
One important thing to note that hasn't been mentioned yet - the timing of your return of excess contribution matters a lot. If you withdraw excess contributions before your tax filing deadline (including extensions), you won't be taxed on the earnings from those contributions. But if you miss that deadline, you'll have to pay a 6% tax on the excess amount for each year it remains in your account. So even though your distribution wasn't coded properly, the fact that you took it within the same tax year is good!
Does the timing issue apply differently for Roth vs Traditional IRAs? I have a similar situation with both types of accounts and I'm confused about which deadlines apply to each.
The timing rules are actually the same for both Roth and Traditional IRAs. For both types, you need to withdraw excess contributions (and any earnings on those contributions) by your tax filing deadline including extensions (typically October 15th) to avoid the 6% excise tax penalty. The main difference is in how the earnings are treated. For Traditional IRAs, the earnings are generally taxable in the year you make the withdrawal. For Roth IRAs, the earnings are also taxable if you withdraw them, but they may additionally be subject to the 10% early withdrawal penalty if you're under 59½ and don't qualify for an exception.
Has anyone used Form 5329 for this type of situation? I'm wondering if I need to file that along with my tax return when dealing with the improperly coded distribution.
Quick question for anyone who's done this: if the entire $6000 was excess, does Vanguard just close your Roth IRA completely? Or do they just remove the money but keep the account open?
Word of warning from someone who procrastinated on fixing an excess contribution - the 6% penalty really adds up over multiple years. Don't wait to fix this! I ended up paying almost $1100 in penalties because I waited over 3 years to correct mine.
Going back to the original question - a key thing to understand is that the 1099-R reports distributions in the year they're actually distributed, not necessarily when you requested them. If your 1099-R is dated 2024, that means the financial institution is reporting to the IRS that they distributed the money to you in 2024, so you definitely need to report it on your 2024 tax return (which you'll file in 2025). If TurboTax is suggesting otherwise, it might be confusing a rollover situation with a taxable distribution. Did you roll this money into another retirement account within 60 days, or did you keep the money?
Thanks for this explanation! I didn't roll it over, I cashed it out completely (I know, probably not the smartest financial move, but I needed the money for some home repairs). So it sounds like I should definitely be reporting this on my 2024 taxes regardless of what TurboTax is saying? I'm wondering if I somehow answered one of their questions wrong during the interview process.
Yes, you absolutely need to report it on your 2024 taxes (filed in 2025). Since you cashed it out completely and didn't roll it over, it's a taxable distribution in the year it was distributed. I suspect you might have accidentally indicated it was a rollover when answering TurboTax's questions, or there might be some other confusion in how you're navigating the software. I'd recommend starting over with entering that 1099-R and carefully reading each question. If TurboTax still gives you the same guidance, you should contact their support because that would definitely be incorrect advice for your situation.
Also make sure you're using the correct year's TurboTax software! If you accidentally started your return in last year's version (2023), it might be telling you to wait until "next year" (meaning 2024) because the withdrawal date you entered is in 2024. The version of TurboTax you should be using right now for a 2024 1099-R is the 2024 version (which would typically be labeled as TurboTax 2024, for filing in 2025).
Yuki Tanaka
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Andre Laurent
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