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Has anyone actually received a 1099-R with code 8 (no J) for an excess contribution removal? I'm dealing with something similar and my broker is telling me they'll use code P, even though I also contributed and removed in the same calendar year. I'm wondering if different brokerages handle this differently.
I've seen both codes used. Last year I removed an excess contribution and got a 1099-R with code 8. My wife had the exact same situation with a different brokerage and got code P. As long as you report it correctly on your tax return, either code should be acceptable to the IRS. The key is making sure you don't pay the 6% penalty by removing it before the deadline.
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.
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.
IMPORTANT: whichever method you choose, make sure your home office space is used EXCLUSIVELY for business. The IRS is really strict about this. So if your desk is in your bedroom and you sometimes watch Netflix there, technically it doesn't qualify! They want a space that's 100% dedicated to business use.
Is this really enforced though? How would the IRS even know if I sometimes use my "home office" computer for personal stuff?
@TommyKapitz is absolutely right about the exclusive use requirement. The IRS does audit home office deductions, and if they find evidence that the space isn't used exclusively for business (photos, witness statements, etc.), they'll disallow the entire deduction plus penalties and interest. Even having a TV in the room or using it for storage can disqualify it. If your setup is in your bedroom like the original poster, you'd need to physically separate the work area or consider the simplified method instead, which has less strict requirements but a lower deduction limit.
Don't forget the depriciation recapture issue if you own your home! If you take the home office deduction using 8829 and then sell your house, you might have to pay back some of those deductions. Doesn't apply to renters tho.
Just to add another perspective - I ran into the exact same issue last year. Stripe's interface doesn't always make it clear which tax form non-US residents with US LLCs should complete. Here's what I learned: 1. If you're a non-US resident with a US single-member LLC, you need Form W-8BEN-E (not W9) 2. You'll need your LLC's EIN to complete the form 3. You should check "Disregarded entity" in Part I 4. In Part XXX, you need to sign and date the form Once I submitted the correct form, Stripe processed it within 2 business days and my account was fully activated. Hope this helps!
Question - did you have to provide any supporting documentation with your W-8BEN-E form? Like your LLC formation documents or anything else? Stripe is asking me for "additional documentation" but doesn't specify what they need.
I didn't have to provide any additional documentation initially. I just completed the W-8BEN-E form correctly and submitted it through their portal. If they're asking for additional documentation, they might want to see your LLC's formation documents or EIN confirmation letter from the IRS. I'd recommend contacting Stripe support directly to clarify exactly what they're looking for. In my experience, their support team is pretty responsive and can tell you exactly what's needed to complete your application.
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.
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}
ā¢I 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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