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Just wanted to share that the IRS has been somewhat inconsistent with how they want TFSAs reported. Some tax preparers file Form 3520 and Form 3520-A (for foreign trusts), while others argue that TFSAs should be treated like any other foreign financial account requiring just FBAR and possibly Form 8938. In my experience, many tax professionals now take the position that a TFSA is NOT a foreign trust and therefore Form 3520 isn't required. But this isn't universally agreed upon, which is why this is such a confusing area. If you want to be extra cautious, reporting it on Form 3520 covers all bases, but it adds complexity to your return. Whatever approach you take, document your reasoning in case you're ever questioned.
Thanks for this info! Did you end up filing Form 3520 for your TFSA, or did you go with just FBAR and 8938? I'm trying to understand what the majority of people in this situation are doing.
I initially filed Form 3520 for my TFSA for two years, following advice from my first cross-border tax specialist. It was a paperwork headache and added considerable complexity to my returns. After consulting with another tax professional who specializes specifically in US-Canada issues, I switched to reporting my TFSA on FBAR and Form 8938 only, with a note explaining the account's status. This professional provided me with several IRS memorandums and case examples supporting the position that most standard TFSAs don't meet the technical definition of foreign trusts requiring 3520 filing.
Be careful with TFSA and US tax reporting! The tax treaty between US-Canada doesn't recognize the tax-free status of TFSAs for US tax purposes. Even if you solve the Form 3520 issue, you still need to report any income/gains from the TFSA on your US tax return. This is why many dual citizens eventually close their TFSAs - the reporting requirements and US tax on the earnings often outweigh the Canadian tax benefits.
If it helps, you can think of the W-9 as just documenting who you are for tax purposes. If you're just doing freelance work under your own name, then your name goes on line 1, you check the "Individual/sole proprietor" box, and use your SSN. I made the mistake of overthinking this when I started freelancing too. Unless you've filed paperwork to create a separate business entity or registered a DBA name, you're just you - a sole proprietor using your own name.
That's exactly right. Your personal name goes on line 1, and your registered DBA "Johnson Photography" goes on line 2 as the business name. Make sure you're still checking the "Individual/sole proprietor" box since a DBA isn't a separate legal entity. This way, when your clients issue 1099s, they'll correctly identify both you (the taxpayer) and your business name, which helps avoid confusion when the IRS is matching documents to your tax return.
So if I do have a registered DBA (I registered "Johnson Photography" with my county), then I would put my personal name on line 1
One thing to keep in mind: whatever name you put on your W-9 is how your 1099 will be issued at the end of the year. So if you put a business name that doesn't match what's on your tax return, it could cause issues. I learned this the hard way. Had "Designs by Mike" on my W-9 but filed taxes under just my name. The IRS computer couldn't match them automatically and I got a notice about unreported income. Had to call and explain the situation.
Couldn't you just file a Schedule C with "Designs by Mike" as your business name on your tax return to match the 1099?
One option nobody's mentioned yet is an Offer in Compromise, where the IRS agrees to settle your tax debt for less than the full amount if you can prove you'll never reasonably be able to pay it all. My brother owed nearly $18k and got it settled for about $6k. You need to complete Form 656 and there's an application fee, but it could be worth looking into if your financial situation is really dire.
Thanks for bringing this up! Would I qualify for an Offer in Compromise with only $2,400 owed? I always thought that was for people with massive tax debts. My financial situation isn't great, but I do have steady income - just not enough extra to pay this all at once.
There's no minimum amount required for an Offer in Compromise, but with only $2,400 owed, it might not be your best option. The application fee is $205 unless you qualify for low-income certification, and the process can take 6-24 months with no guarantee of acceptance. In your situation with steady income, a long-term payment plan is probably more practical. The IRS will likely approve a 72-month plan with payments around $40-50 per month on your balance. That's much easier to manage and doesn't require the extensive financial documentation an OIC needs.
Whatever you do DO NOT ignore the IRS!!! I made that mistake in 2021 and ended up with a tax lien that destroyed my credit. Plus the penalties and interest nearly doubled my original amount. Call them asap and get on a payment plan you can actually afford even if its small monthly payments. They just want to see your making an effort.
One thing to watch out for with California - they're pretty aggressive about maintaining that you're still a resident even after you've moved. Make sure you have clear documentation that you've actually established domicile in Michigan: - Michigan driver's license - Voter registration in Michigan - Michigan car registration - Closing California bank accounts or changing primary address - Changing your address on all official documents California has been known to audit people who move to lower-tax states, especially if you still have significant connections to California. Good luck!
Thanks for mentioning this! I've already gotten my Michigan driver's license, registered to vote, and changed my car registration. I kept my California bank account open though since they have locations in Michigan too. Should I still consider closing it to be safe?
You don't necessarily need to close the California bank account, but definitely make sure you've changed the primary address on the account to your Michigan address. Having a CA bank account with a CA address could be one factor they look at. The most important things are already done - driver's license, voter registration, and vehicle registration show your intent to permanently reside in Michigan. Also make sure your employer has your Michigan address for your W-2, and that any investment accounts are updated with your new address.
I moved from Oregon to Texas last year and missed a big issue with my bank interest - I didn't realize I needed to prorate it between states on my part-year resident returns! Ended up having to file an amended return. One tip: If you use tax software, make sure it supports multi-state returns properly. Some of the free options don't handle part-year residency well. I ended up using TaxAct which was pretty good for my situation.
TurboTax Premium worked great for my CA to WA move. It walked me through allocating income between states and explained which income belongs where. It costs more than the basic version but worth it for multi-state situations.
NebulaNomad
Here's something nobody mentioned yet: you might want to check if your plan allows for "true-up" contributions. Some 401(k) plans will automatically adjust at year-end to ensure you get the full employer match if you hit your contribution limit early and stopped contributing. If your plan has this feature, it could explain why ADP is treating your contribution differently than what appears on your W-2. It's just another angle to consider when sorting this out.
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Zainab Ahmed
β’I've never heard of "true-up" contributions. Would that explain why ADP insists the W-2 box 12 amount is "meaningless" compared to when contributions actually hit my account?
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NebulaNomad
β’Yes, that might explain their strange language about the W-2 being "meaningless." With true-up contributions, the employer makes additional deposits to your 401(k) to ensure you receive the full match you're entitled to, even if your own contributions were front-loaded during the year. These adjustments typically happen in January for the previous year, which aligns with what they told you about January 2024 crediting. However, for contribution limit purposes, the IRS still looks at the tax year shown on your W-2. I'd suggest specifically asking ADP if your final "contribution" was actually a true-up adjustment rather than a regular paycheck deduction.
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Javier Garcia
I see everyone focusing on the 401(k) timing, but let's not miss the big picture here. If your W-2 shows $30,590 in Box 12, you're definitely over the 2023 contribution limit of $22,500 (or $30,000 if you're 50+). Even if some deposits happened in January 2024, you need to get this fixed ASAP. Request the excess corrective distribution NOW, before April 15th. The 1099-R timing is a separate issue - yes, you'll get it next year, but you need to request the correction this year to avoid penalties.
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Emma Taylor
β’The limit for 2023 was $22,500, but don't forget they might have both traditional and Roth 401k contributions combined in that box, or maybe there's employer matching included? Not all money in box 12 counts toward the employee limit.
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