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I went through this exact situation last year and can confirm what others have said about the distribution codes. My contribution was made in January 2023 for tax year 2022, and I removed the excess in late 2023. My 1099-R showed code 8 (not PJ) because both the contribution and removal happened in the same calendar year. The key thing I learned is that you don't need to file an amended return as long as you report the distribution correctly on your original return. Since you mentioned your brokerage adjusted for losses, make sure you report any earnings (or in your case, the small loss) appropriately. The excess contribution removal itself isn't taxable, but any earnings would be. I'd recommend double-checking with your brokerage about exactly what they'll report on your 1099-R, since different institutions sometimes handle these codes differently. But regardless of whether they use code 8 or P, the tax treatment should be the same for your situation.
This is really helpful, thank you for sharing your experience! It's reassuring to hear from someone who went through the exact same situation. I was getting worried about having to deal with amended returns and potential penalties, but it sounds like as long as I report everything correctly on my original return, I should be fine. One quick question - when you say "report any earnings appropriately," does that mean I need to report the small loss as well? My brokerage said they adjusted the removal amount down slightly due to market losses on that $1,200. Should I be concerned about how to handle that on my tax forms?
I just want to echo what others have said about the distribution code likely being 8 rather than PJ in your situation. Since you made the contribution and removed the excess in the same calendar year (2023), most brokerages will use code 8 on your 1099-R. One thing I'd add is to keep really good records of this transaction - save all correspondence with your brokerage about the excess removal, including documentation showing the original contribution amount, the excess amount removed, and any earnings/losses. This will be helpful when you're preparing your tax return and want to make sure everything is reported correctly. Also, don't stress too much about the exact distribution code. Whether your brokerage uses 8 or P, the tax treatment for your situation should be the same. The important thing is that you caught the error and corrected it promptly. Since you removed the excess in the same year, you should avoid the 6% penalty as long as you report it properly on your return.
I just went through this exact situation! My advice: have your kids file their own taxes BUT check the box that says "Someone can claim you as a dependent." They'll still get refunds of any withholding that exceeds their tax liability, and you can still claim them if they meet all the tests. My 19yr old made $7200 last year but still qualified as my dependent because: 1) lived with me all year 2) I paid over half support (rent, food, etc was way more than his earnings) 3) he's my kid He filed his own return, got back his withholding, and I still got the dependent tax benefit. Win-win!
This doesn't sound right. If they make over the threshold amount, how can they qualify? My H&R Block guy told me the income limit is strict for dependents.
Thank you all so much for the incredibly helpful advice! I think I understand now - my 18-year-old can likely be claimed as a qualifying child regardless of income as long as I provided more than half their support, but my 20-year-old might be trickier since they're over 19 and not a student. I'm definitely going to check out that taxr.ai tool to confirm everything and make sure I'm on the right track. And if I still have questions after that, the Claimyr service sounds like it could save me a lot of frustration trying to reach the IRS directly!
Just to clarify what others have said - there's an important distinction between "qualifying child" and "qualifying relative" that determines income limits: **Qualifying Child** (no income limit): - Under 19, OR under 24 if full-time student - Lived with you more than half the year - You provided more than half their support - Didn't file joint return with spouse **Qualifying Relative** (income limit applies): - Can't earn more than $5,050 (2024 tax year) - You provided more than half their support - Not a qualifying child of you or anyone else So your 18-year-old could potentially qualify as a "qualifying child" regardless of income, but your 20-year-old (not in school) would need to pass the "qualifying relative" test, which includes the income limit. The key is the support test - you need to calculate if you truly provided more than 50% of their total support costs (housing, food, clothing, medical, transportation, etc.) versus what they paid for themselves with their earnings.
This is exactly the breakdown I needed! So if I'm understanding correctly, even though both my kids made over $5,050, my 18-year-old might still qualify under the "qualifying child" rules since there's no income limit for that category. But for my 20-year-old, since they're over 19 and not in school, they'd have to meet the stricter "qualifying relative" test which includes that income limit. The support test seems like the trickiest part to figure out. When you say "total support costs" - does that include things like car insurance if they're on my policy, or their cell phone bill if they're on my family plan? I'm trying to get a realistic picture of whether I actually provided more than half their support when you factor in all these shared expenses.
Just went through this exact situation with my duplex last year! The $24,500 roof replacement is definitely a capital improvement that needs to be depreciated over 27.5 years, not deducted as a repair expense. I know it's frustrating when you're looking at that big expense hitting your cash flow but not getting the immediate tax benefit. One thing that helped me was understanding that even though you can't deduct it all at once, that $891 annual depreciation deduction ($24,500 รท 27.5 years) will be there every year, and it reduces your taxable rental income consistently. Plus, if this creates a rental loss and your modified AGI is under $100K, you might be able to deduct up to $25K of that loss against your other income. The silver lining is that this depreciation will lower your property's tax basis, so if you ever sell, you'll have some tax benefits to recapture. Just make sure to keep all your receipts and document the "placed in service" date properly for your tax records. Good luck with your first year as a landlord - these big expenses are tough but you're building equity!
Thanks for sharing your experience! That's really encouraging to hear from someone who went through the same thing. I'm definitely frustrated about not getting the immediate deduction, but when you put it that way - having a guaranteed $891 deduction every year for the next 27.5 years - it doesn't sound quite as bad. Quick question: when you mention the tax basis being lowered, does that mean I'll owe more in capital gains if I sell the property later? I'm trying to understand all the long-term implications before I file. Also, did you use regular tax software to handle the depreciation setup, or did you need something more specialized for rental properties?
Yes, exactly - the depreciation you claim reduces your property's "adjusted basis," so when you sell, you'll have more taxable gain. But here's the thing: you have to "recapture" that depreciation at a 25% rate (up to that rate) regardless of whether you actually claimed it or not. So you might as well take the deductions now! For the software question - I used TurboTax Premier (the version that handles rental properties) and it walked me through the whole depreciation setup pretty smoothly. Just needed to input the improvement cost, date it was completed, and select "residential rental property." The software automatically calculated the 27.5-year schedule and populated Form 4562. If you're comfortable with tax software and your situation is straightforward, the rental property versions of major tax programs handle this well. But if you have multiple properties or complex situations, a tax pro might be worth it for the first year to make sure everything's set up correctly.
This is a great discussion! As someone who's been managing rental properties for a few years, I can confirm that the $24,500 roof replacement is definitely a capital improvement requiring depreciation over 27.5 years. The IRS is pretty clear that replacing an entire roof adds value and extends the property's useful life. One thing I'd add that hasn't been mentioned yet - make sure you're also considering the "mid-month convention" for depreciation. Since you placed this improvement in service last month, you can only claim a partial year of depreciation for this tax year. The software should handle this automatically, but it's worth understanding. Also, don't forget that if you do any related work like replacing gutters, downspouts, or fixing fascia boards as part of this project, some of those components might be separable as repairs if they weren't part of the structural roof replacement. Having a detailed, itemized invoice from your contractor is key for maximizing your deductions within the rules. The annual $891 depreciation deduction will be a nice consistent benefit, and as others mentioned, it'll help offset your rental income year after year. Welcome to landlording - these big maintenance items are part of the territory but you're building long-term wealth!
Thanks for bringing up the mid-month convention - that's something I hadn't considered! So even though I completed the roof work last month, I won't get the full year's depreciation deduction this tax year? That makes sense but is another thing to factor into my planning. Your point about the gutters and downspouts is interesting too. My contractor did replace the gutters as part of the overall project, but it was all bundled into one price. Do you think it's worth going back to ask them to break out those costs separately, or is it too late since the work is already done? I'm trying to figure out if there's any way to maximize the immediate deductions I can take this year while staying within the rules. Also appreciate the welcome to landlording - definitely learning that these big expenses are just part of the game!
Has anyone else had issues with Stripe's tax form verification taking forever? I submitted my W-8BEN-E form two weeks ago (also non-US resident with US LLC) and my account is still pending verification. Getting anxious as I need to start accepting payments soon.
Mine took 3 business days to verify last month. Have you checked if there were any errors in your submission? When I first submitted mine, I accidentally put my personal information in a section that needed the LLC info, and it delayed things.
Two weeks does seem unusually long for Stripe's verification process. I'd recommend reaching out to their support team directly to check on the status. Sometimes forms can get stuck in their system if there's a minor issue that needs clarification. When you contact them, have your application reference number ready and ask specifically if there are any issues with your W-8BEN-E form that are causing the delay. In my experience, they're usually pretty good about expediting things once you get in touch with support directly.
I went through this exact same situation about 6 months ago when setting up my Stripe account as a Canadian resident with a Delaware LLC. The confusion around W9 vs W-8BEN-E is super common, and Stripe's interface doesn't always make it clear which form non-US residents should use. Here's what worked for me: Since you're a non-US resident, you definitely need Form W-8BEN-E, not the W9. The W9 is only for US persons (citizens, residents, etc.). For your single-member LLC, you'll use the LLC's EIN and select "Disregarded entity" as your classification. One tip that saved me time - before filling out the form, double-check that your LLC's registered address and your personal address information are consistent with what you provided to Stripe during initial setup. Any mismatches can cause delays in verification. The whole process took about 4 business days for me once I submitted the correct form. Good luck with your setup!
This is really helpful! I'm in a similar situation (non-US resident with a US LLC) and was also confused about which form to use. Quick question - when you say "disregarded entity," does that have any implications for how the income gets taxed? I'm worried about making the wrong classification and creating tax issues later on. Also, did you need to provide any additional documentation beyond the W-8BEN-E form itself, like your LLC operating agreement or anything like that?
Ava Garcia
What box on the 1099-MISC is the settlement amount in? This makes a HUGE difference! If it's in Box 3 (Other Income), then it's just regular income - taxable but NOT subject to self-employment tax. If it's in Box 7 (Nonemployee Compensation), that's normally for independent contractor work, which is why TurboTax is treating it as self-employment income subject to additional 15.3% self-employment tax. For tax years 2020 and later, Box 7 income should actually be reported on Form 1099-NEC instead of 1099-MISC, but some companies haven't updated their practices.
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StarSailor}
โขI had a similar situation and mine was in Box 7. I spoke with a tax professional who told me that even though it's in Box 7, settlement income isn't self-employment income. You need to override TurboTax's default handling of Box 7 amounts.
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Micah Trail
I went through almost the exact same situation last year with a class action settlement from a data breach case. Got the 1099-MISC and TurboTax immediately started calculating self-employment tax which had me panicking. The key thing that saved me was realizing that settlement payments are NOT self-employment income, even if they're reported in Box 7 of the 1099-MISC. When you're entering it in TurboTax, you need to specifically tell the software that this is NOT business income. Here's what worked for me: When TurboTax asks "Is this payment for work you did as an independent contractor?" select NO. Then when it asks what type of payment it was, look for "Legal settlement" or "Other income not related to business." This prevents TurboTax from applying the 15.3% self-employment tax. The settlement amount is still taxable as regular income (unless it was for physical injuries), but you won't owe the additional self-employment taxes. This distinction saved me about $1,300 in taxes I didn't actually owe. Double-check which box your amount is in on the 1099-MISC - that will help you navigate the TurboTax screens more effectively.
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Yara Khoury
โขThis is really helpful! I'm dealing with a similar situation right now with a settlement from an employment discrimination case. When I got my 1099-MISC, it showed the amount in Box 3, but I'm still confused about whether discrimination settlements are fully taxable or if some portion might be excluded. Did your data breach settlement include any punitive damages or was it all considered compensatory? I'm trying to figure out if the emotional distress portion of my settlement might qualify for different tax treatment. The settlement agreement wasn't very clear about how the total amount was allocated between different types of damages.
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