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Ask the community...

  • DO post questions about your issues.
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  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

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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Avery Saint

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Can we see the cartoon? I could use a laugh during tax season. I just spent 3 hours trying to figure out if I can deduct my home internet as a business expense since I WFH 3 days a week but my employer doesn't reimburse internet costs. Still not sure if I can...

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Taylor Chen

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For partial work from home situations, you can only deduct the business percentage of your internet if you're self-employed. W-2 employees lost the ability to deduct unreimbursed business expenses after the Tax Cuts and Jobs Act, unless you're certain specific professions like armed forces reservists, qualified performing artists, or fee-basis state/local government officials.

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Haha I'd love to see the cartoon too! Last year I owed $4,700 in taxes because my employer didn't withhold enough, despite me selecting "single, 0 dependents" on my W-4. Now I'm paranoid and having them take out an extra $200 per paycheck. The whole system feels designed to make us either overpay or get hit with a surprise bill!

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My innocent spouse relief claim (form 8857) approved - IRS removed $102,000 debt from my name!

I need to share my incredible experience with innocent spouse relief because it saved me from financial ruin. English isn't my native language, so please bear with me. My ex-boyfriend and I were married for almost 4 years, and I always trusted him to handle our taxes. He was an IT consultant while I worked as a freelance photographer with irregular income. I had absolutely no visibility into his earnings or tax filings - I just signed whatever he put in front of me. After our divorce, I started receiving threatening letters from the IRS saying I owed $102,000 in back taxes! I was completely blindsided. Turns out he had been underreporting income for years while gambling away most of our money at casinos. I filed Form 8857 (Innocent Spouse Relief) on my own without hiring a lawyer. It took about 6 months, but the IRS finally approved my case and reduced my liability from $102,000 to just $8,500! Here's what documentation helped my case: - Bank transfers showing I gave him money regularly (none specifically mentioned taxes) - Casino loyalty program statements showing his frequent gambling - Text messages where he claimed "I paid our taxes" and constantly demanded more money - Support letters from friends who witnessed the financial abuse - Messages showing he was actually cheating with multiple women - Evidence that I had limited understanding of US tax system as a non-native I'm sharing this because the IRS genuinely helped me escape this nightmare. To whoever reviewed my case - thank you for being fair and understanding. I can finally move forward with my life.

Zara Rashid

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One critical piece of advice for anyone filing Form 8857: be extremely specific about which tax years you're seeking relief for! I made the mistake of being vague and my case was initially delayed for months. Also, make sure you specifically request relief under all three types (innocent spouse relief, separation of liability, and equitable relief) even if you think only one applies to your situation. The IRS will evaluate which is most appropriate, but you need to request consideration for all three.

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Luca Romano

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Does requesting all three types of relief make the process take longer? I'm trying to get this resolved as quickly as possible and don't want unnecessary delays.

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Zara Rashid

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Requesting all three types actually doesn't extend the processing time at all. The IRS evaluates your case for all types simultaneously, not sequentially. They automatically consider which type you qualify for, starting with innocent spouse relief, then separation of liability, and finally equitable relief. The biggest factors affecting processing time are completeness of documentation and current IRS backlog. Making sure you provide thorough documentation up front is the best way to avoid delays. If you only request one type and don't qualify, they'll reject your case entirely rather than considering if you might qualify under another type.

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Nia Jackson

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Does anyone know if the IRS is still processing these claims during tax season? I filed my Form 8857 in January and haven't heard anything. Starting to worry it's just sitting in a pile somewhere.

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NebulaNova

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They process innocent spouse claims year-round, but there's definitely slowdown during filing season. My claim took 9 months last year, with 4 of those months being during tax season when it basically didn't move at all. You might not hear anything until May or June.

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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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Kyle Wallace

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Important detail that I haven't seen mentioned yet - when you make that 2020 HSA contribution to Fidelity, make sure you keep documentation that clearly shows it was designated for 2020. I did this last year and during a verification request from the IRS, they specifically wanted to see that the contribution was properly coded for the prior tax year. Fidelity should provide a confirmation that shows the tax year designation, and your Form 5498-SA (which Fidelity will generate in May) will also show this. Also, if your tax software doesn't automatically calculate it, remember that this additional HSA contribution will save you not just on income tax but also on self-employment tax if applicable. In my case, a $2,000 HSA contribution saved me about $300 in federal income tax plus another $153 in SE tax!

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Thanks for this advice! I hadn't thought about keeping specific documentation of the tax year designation. Will Fidelity automatically generate a receipt showing the 2020 contribution, or should I request something special when I make the contribution?

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Kyle Wallace

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When you make the contribution online, you'll receive a confirmation that should clearly indicate the tax year. Print this or save a PDF of it. Additionally, I'd recommend taking a screenshot of the contribution page where you select "2020" as the tax year. Fidelity will also generate a Form 5498-SA in May that officially documents your HSA contributions by tax year. This form is sent to both you and the IRS. While you don't need to include it with your tax return, definitely keep it with your tax records. If you want to be extra careful, you can also call Fidelity after making the contribution to confirm it was properly coded for 2020, and make a note of the date, time, and representative's name from that call.

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Ryder Ross

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Does anyone know if there's a deadline for WHEN on April 15 we need to make the contribution? Like does it need to be before banking hours or can I do it online at 11:59pm? I always wait until the last minute for these things.

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Generally for online transactions, midnight in your time zone on the deadline day is acceptable. However, different HSA providers might have different cutoff times for processing transactions, especially if they require manual verification or processing. To be safe, I'd recommend making the contribution at least 2-3 business days before the deadline. I made this mistake last year trying to fund my HSA on April 15th at 9pm, and while my provider (not Fidelity) accepted it, they initially coded it for the wrong tax year and it was a hassle to get fixed.

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