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Quick tip that might help - if you've been living abroad continuously, you might qualify for the foreign residency exception to the early distribution penalty. Check out exception code 02 on Form 5329. You'll need to attach a statement explaining that you're a bona fide resident of a foreign country. This won't help with the withholding issue, but it might mean you can get that 10% refunded if you qualify for the exception!
Wait really?? I've been living overseas since before the distribution and still am. Does this mean I could potentially get that $2000 back? How would I document that?
Yes! If you meet the bona fide residence test (generally living in a foreign country for an uninterrupted period that includes an entire tax year), you should qualify for exception code 02. You'd fill out Form 5329, and on line 2, you'd enter exception code "02" and then the amount of the early distribution that qualifies for the exception. Then attach a statement to your return explaining your foreign residency status. Since the 10% was already withheld, when you properly code this exception, you should get that money refunded. Just make sure you can document your foreign residency if asked (rental agreements, utility bills, foreign tax documents, etc.).
Has anyone successfully filed Form 5329 using TurboTax? I'm in a similar situation but the software seems to be calculating everything wrong.
I gave up on TurboTax for complex situations like this. H&R Block's premium version handled my 5329 correctly last year. For some reason TurboTax kept double-counting the penalty even after I entered the withholding.
Im curious what your CPA meant by saying you could file as "Single" when youre not officially divorced. Maybe they meant Head of Household?? Thats the only other option I can think of if your still technically married but living apart.
Sometimes tax preparers use incorrect terminology with clients. A good CPA would never tell someone who's still legally married that they can file as "Single" - that's just wrong. But they might have been referring to Head of Household status, which is technically a separate filing status from both "Single" and "Married Filing Separately.
Just went through this exact situation last year. Whatever you do, make sure you understand what your divorce decree will say about future tax filings for any children involved. My ex and I had to go back to court because our decree didn't clearly specify who could claim our daughter in which years, and it was a huge headache. Get that spelled out clearly now to save yourself future problems!
5 Just a heads up - make sure you keep good records of everything related to this W-2C and your amendment. I had a similar situation last year, and the IRS initially rejected my amended return because they couldn't match up the information with what they had on file. It took multiple calls and sending in copies of the W-2C to get it sorted out.
1 What exactly should I be keeping? Just the W-2C and copies of the amended return? Or should I also be keeping some kind of documentation about when I received it from my employer?
5 You should definitely keep the original W-2C (both your copy and all copies they sent you), your original tax return for that year, and copies of your completed amended return with all attachments. I'd also recommend keeping any emails or documentation showing when you received the W-2C from your employer, especially since it came so late. I'd also suggest writing a brief explanation letter to attach to your amended return explaining the delayed W-2C situation. This helps the IRS processor understand why you're amending a return from two years ago. In my case, including this letter helped when I had to follow up later.
17 Has anyone else noticed employers seem to be sending more W-2Cs lately? This is the third post I've seen about this in the last month. My theory is that payroll companies are doing more audits since all the employee turnover during covid.
22 I work in payroll, and you're partly right. There's been a big push for compliance audits after all the remote work and state tax complications from the pandemic. Many companies are still catching up and finding issues from 2-3 years ago. Plus the IRS has been sending more notices about mismatches between what employers reported and what employees filed.
One thing nobody's mentioned yet is the timing of when debt forgiveness happens for tax purposes. In my case, the foreclosure was completed in 2023, but I didn't receive the 1099-C until 2024. My tax preparer explained that the debt forgiveness is taxable in the year the 1099-C is issued, not necessarily when the foreclosure happens. This means you might think you're in the clear for the 2024 tax year, but then get surprised with a 1099-C that affects your 2025 taxes. Keep an eye on your mail, especially in January/February when tax forms typically arrive.
That's really important info - thanks for pointing this out! Do you know how long after a foreclosure a lender typically waits before sending a 1099-C? I'm trying to budget and plan for the worst-case scenario.
In my experience, lenders usually issue the 1099-C in January of the year following when they make the decision to forgive the debt. However, this can vary widely. Some lenders will issue it the same year as the foreclosure, while others might wait several years. The tricky part is that the decision to forgive the debt (and thus issue a 1099-C) is separate from the decision not to pursue a deficiency judgment. A lender might not seek a deficiency judgment but still keep the debt on their books for years before officially "canceling" it and triggering the tax consequences.
Has anyone looked into the insolvency exclusion? From what I understand, if your total debts exceeded your total assets immediately before the foreclosure, you might not have to pay tax on the forgiven amount. For example, if you owed $400k on the mortgage, $30k in credit cards, $20k in car loans (total liabilities $450k), but your total assets were only worth $350k, you'd be insolvent by $100k. If the bank forgives $175k of mortgage debt, you could exclude $100k from your taxable income based on your insolvency. I used IRS Form 982 for this when I went through foreclosure. It's technically challenging to complete but can save you thousands.
Keisha Brown
One thing nobody's mentioned yet - this bonus delay might actually benefit you tax-wise depending on your income situation. If you were in a higher tax bracket in 2022 than you expect to be in 2023, you might actually pay LESS tax on that bonus now that it's pushed to 2023. My company did something similar (but deliberately) a few years back, and several of us actually came out ahead because of lower tax brackets the following year. Might be worth running the numbers both ways to see if you actually benefit from this mistake!
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Sofia Gomez
ā¢I hadn't even thought of that angle! I was so focused on the mistake that I didn't consider it might actually work in my favor. My income will probably be a bit lower in 2023 since I'm planning to take some unpaid leave, so this might actually push me into a lower bracket. Do you know if this affects other income-based things like student loan payments or healthcare subsidies? I'm worried it might have ripple effects beyond just my tax return.
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Keisha Brown
ā¢Great question about the ripple effects. Yes, this can absolutely impact income-based programs. If you're on an income-based repayment plan for student loans, your payments are typically calculated based on your prior year's AGI (Adjusted Gross Income), so this could potentially lower your 2022 AGI and reduce your payments for 2023. For healthcare subsidies through the Marketplace, those are based on your estimated current year income. So if you're receiving subsidies, you might need to update your projected 2023 income to include this bonus, which could reduce your subsidy amount. It's always better to report changes proactively than to have to pay back subsidies at tax time.
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Paolo Esposito
Has anyone dealt with the opposite problem? My company paid my 2024 bonus in late December 2023 (like Dec 28th) and I'm worried I'll end up paying higher taxes because it pushed me into the next bracket for 2023...
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Amina Toure
ā¢That's actually a common misunderstanding about tax brackets. Moving into a higher bracket only affects the portion of income above that threshold, not all your income. So only the amount that pushed you over would be taxed at the higher rate, not your entire yearly income.
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