


Ask the community...
One thing nobody's mentioned yet - check if you're still within the timeframe for a "corrective distribution" for your 2022 overcontribution. If you took the distribution before your filing deadline (including extensions) for 2022, you can avoid the 6% excise tax completely, even if Vanguard coded it incorrectly on the 1099-R. For the earnings portion, you generally need to include those as income in the year you made the contribution (2022), not when you took the distribution (2023). If your 1099-R doesn't separately show the earnings, you might need to contact Vanguard to get that breakdown. The most critical form here is Form 5329 where you'll need to show you corrected the excess contribution. Even with an incorrect distribution code, you can still properly document this with an attached statement explaining the situation.
Thanks for this info! I did take the distribution in February 2023, which was before my filing deadline for 2022 taxes. But I'm confused about reporting the earnings - my 1099R doesn't break out what portion was earnings vs. principal. Does this mean I need to amend my 2022 return now to report those earnings? Or can I handle everything on my 2023 return?
Since you took the distribution before your 2022 filing deadline, you should definitely avoid the 6% excise tax, which is good news. For the earnings portion, yes, technically those earnings should be reported on your 2022 tax return, which would mean filing an amendment if you've already filed for 2022. You'll need to contact Vanguard to get the breakdown of principal vs. earnings from that distribution. Ask specifically for the "net income attributable" or NIA related to the excess contribution amount. This might not be reflected correctly on your 1099-R if the distribution wasn't properly coded.
Heads up - I went through this exact same mess with Fidelity last year. Make sure you also check if you qualify for the "self-certification" procedure under Revenue Procedure 2021-30. If your correction doesn't fully meet all the technical requirements for a proper return of excess contribution, you might still qualify for relief under this procedure. It essentially lets you "self-certify" that you intended to follow the rules for proper correction even if there were some procedural errors along the way. You'll need to file a specific statement with your return, but it could help avoid penalties even if Vanguard didn't process everything perfectly.
Something nobody's mentioned yet: if you're really desperate for tax deductions but don't want to get a mortgage, consider increasing your charitable giving. It's a much better financial move than paying interest to a bank! You get to support causes you care about AND get a tax deduction. Plus you're not enriching a financial institution. Just make sure you donate enough (along with other potential itemized deductions) to exceed the standard deduction amount.
That's actually a really thoughtful suggestion. We do give to our church and a couple local charities already, but hadn't thought about the tax angle. Would bunching donations in alternating years work better to get over the standard deduction threshold?
Yes, bunching donations is exactly what many financial planners recommend! For example, if you normally donate $5,000 per year, you could instead donate $10,000 every other year. This might push you over the standard deduction threshold in donation years (when you itemize) while taking the standard deduction in off years. Another option is a Donor Advised Fund, where you contribute a larger amount in one year for the tax deduction, but distribute the actual donations to charities over multiple years. This gives you the tax benefit immediately while allowing you to support charities gradually.
My accountant actually laughed when I asked this same question last year lol. She said getting a mortgage for the tax deduction is like buying something you don't need just because it's on sale - you're still spending money unnecessarily! She also pointed out that with the higher standard deduction now ($27,700 for married filing jointly in 2023), many people don't even benefit from the mortgage interest deduction unless they have a really big mortgage or tons of other itemized deductions. You'd need more than $27,700 in itemized deductions for it to even matter.
One extra tip: if you're filing multiple back years, don't use the standard Free File options. They usually only support the current and maybe previous year. I had to file 3 years back and ended up using FreeTaxUSA which supports filing returns back several years for a reasonable fee. TurboTax wanted a fortune for each past year. Also, set up an IRS online account NOW, before you need it. It takes a couple of weeks sometimes to verify your identity, and you'll want access to view your transcripts and track your refunds.
That's super helpful, thanks! Is it difficult to set up the IRS online account? I've heard horror stories about identity verification issues.
The IRS account setup is hit or miss. Make sure you have your phone in hand (they text a verification code) and a credit card or loan account number for additional verification. Most people get through fine, but about 30% of users hit snags with identity verification. If online verification fails, you'll need to either schedule a video interview or visit a local IRS office in person. The video option is much faster - usually within a week versus potentially months for an in-person appointment.
Has anyone been audited after filing multiple years of back taxes? I'm in a similar boat (4 unfiled years) and paranoid that suddenly filing everything will trigger an audit.
I filed 3 years at once back in 2023 and didn't get audited. But I made sure everything was accurate and had documentation for all my deductions just in case. From what I understand, simply filing back taxes doesn't automatically trigger an audit - it's more about what's IN those returns (unusual deductions, major discrepancies, etc).
Another thing to know about trust K-1s - the type of trust matters a lot for how you report it. If it's a simple trust, it only distributes current income. If it's a complex trust, it might accumulate income or make distributions from principal. The K-1 should indicate which type it is somewhere on the form. Also, Box 11 on the K-1 (with all the letter codes) is where a lot of important stuff hides. Code A is often tax-exempt interest, Code B is other tax-exempt income, Code C is nondeductible expenses. Don't overlook these codes because they can affect your tax situation in different ways.
This is great info! Does anyone know if there's a way to tell from the K-1 whether the trust is a grantor trust? I think mine might be because my grandfather is still alive and the letter mentions something about him being the "grantor" but I'm not sure if that changes how I report it.
A grantor trust is actually quite different for tax purposes. If you see your grandfather referred to as the "grantor" and he's still alive, it might indeed be a grantor trust. In that case, the income is actually taxable to the grantor (your grandfather), not to you as the beneficiary. However, some trusts can be partially grantor trusts. The key indicator on your K-1 would be in the top section - it should specifically identify if it's a grantor type trust by checking a box. If you received a K-1 with your name as the beneficiary, you likely still need to report something, but possibly not all items. The cover letter should clarify this, as grantor trusts have special reporting requirements.
Is it normal for a trust K-1 to come this late? I'm getting worried because I already filed my taxes last month and then got a K-1 in the mail yesterday. Do I need to do an amended return now?
Ugh that's what I was afraid of. Do you know if there's a minimum amount that requires amending? Mine is only showing like $800 in dividend income. Would the IRS even notice if I don't bother with an amendment for such a small amount?
Thanks everyone for all the helpful answers! I'm going to make sure I report everything correctly from my K-1. Seems like the consensus is that I need to include the information on my tax return but don't physically send in the K-1 form itself. I'll keep the original documents with my tax records just in case. I'll probably check out that tax document analyzer tool too since this is my first time dealing with trust income. Better to understand what I'm looking at rather than just blindly entering numbers into tax software!
Tyrone Johnson
Another important thing to consider for your American Legion is whether the gaming income is from members vs. non-members. The IRS treats income differently depending on the source. If your pull tabs and 50/50 raffles are exclusively for members, the income might qualify as "exempt function income" under section 512(a)(3)(B) rather than being subject to UBTI. This is especially true for veterans' organizations since socializing among members is considered part of your exempt purpose. Keep solid records of member vs. guest participation! We learned this the hard way at our post.
0 coins
Yuki Tanaka
β’This is really helpful! We do track who's playing but never thought to separate member vs. guest gaming income. Do we need to track that separately on our books? And does it matter if the guests are paying the members who brought them, or paying directly?
0 coins
Tyrone Johnson
β’Yes, you should definitely track member vs. non-member income separately in your books. This makes it much easier if you ever get audited, and helps with completing your 990 accurately. The IRS specifically looks at this breakdown for veterans' organizations. For your second question, it matters who's actually putting the money in. If the guests are paying directly for their own gaming activities, that's considered non-member income. If members are paying on behalf of their guests, that could be considered member income. The safest approach is to consider all guest payments as non-member income and track it that way. Better to be conservative with this.
0 coins
Ingrid Larsson
Has anyone filed Form 990-T for their veteran's organization for gaming? I'm wondering what expenses we can deduct if some of our pull tab income does end up being taxable.
0 coins
Esmeralda GΓ³mez
β’Yes, we file 990-T for a portion of our gaming income. You can deduct directly connected expenses - so for pull tabs, that includes the cost of the pull tabs themselves, any specific equipment for them, allocated space costs for the area where they're sold, and the portion of that paid employee's time spent on pull tabs. Just make sure you have a reasonable allocation method that you apply consistently.
0 coins
Ingrid Larsson
β’Thanks for explaining! That makes sense about the direct expenses. Do we need to keep separate physical inventories of the pull tabs as well or just track it in our accounting system?
0 coins