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5 To address your question about suing the government - it's extremely unlikely you'd succeed. The Supreme Court has previously ruled (in Flemming v. Nestor, 1960) that Americans don't have a legal right to Social Security benefits. Congress can change the rules at any time. That said, completely eliminating Social Security is politically unfeasible. About 65 million Americans receive benefits, and they vote in high numbers. Any politician suggesting complete elimination without replacement would face enormous backlash.
14 Wait, we don't have a legal right to benefits even though we're forced to pay into the system? That seems completely unfair! How is that constitutional?
5 The court essentially ruled that Social Security is a social program, not a contract, and Congress retains the right to alter, amend, or repeal any provision of the Social Security Act. The case specifically involved a person who was denied benefits after being deported for being a member of the Communist party. While it might seem unfair, the constitutional basis is that Congress has broad powers to tax and spend for the general welfare. The FICA tax is considered a valid exercise of this power, and benefits are authorized spending programs that can be modified. This is different from private contracts or property rights that have stronger constitutional protections.
3 Something important to consider: eliminating Social Security would create a massive surge in poverty among elderly Americans. Before Social Security, about 50% of seniors lived in poverty. Today it's around 9%. For about 40% of elderly Americans, Social Security provides at least 50% of their income. For about 14%, it provides 90% or more of their income. Any complete elimination would need to address this reality or we'd see catastrophic consequences.
Have you considered just filing the return yourself by mail? You can download the 2022 forms directly from IRS.gov, fill them out, print them, and mail them in. There's no fee for this. I know you mentioned efile, but for FAFSA purposes, a mailed return is considered filed as of the postmark date. Just make sure to send it certified mail so you have proof of when it was mailed. Much cheaper than paying someone, especially for a simple return with income under $5000.
Wouldn't mailing take forever to process though? I heard the IRS has massive backlogs with paper returns and it could take 6+ months. Would FAFSA accept just a mailing receipt as proof of filing?
Current processing time for paper returns is about 6-8 weeks, not 6 months. That used to be the case during COVID, but they've caught up significantly. Most financial aid offices understand the IRS processing timelines and will accept proof of mailing (certified mail receipt) as temporary documentation while the return processes. You can follow up by ordering a tax transcript once it's processed, which is what they ultimately want to see. Just contact your financial aid office first to confirm this approach works for them - different schools have different policies.
Has your kid checked if they actually needed to file for 2022? If they made under $5000 and it was just from a W-2 job (not self-employment), they might not have been required to file at all. For FAFSA purposes, if you weren't required to file, there's a specific process to indicate that. Might save you both time and money if filing wasn't actually required.
Thanks for bringing this up! I actually looked into this. Even though they weren't required to file based on the income threshold, they had federal taxes withheld from their paychecks. So we're filing to get that refunded - it's about $300 which would help with college expenses. Also, their college financial aid office specifically requested a 2022 tax return or transcript rather than the non-filing statement. Apparently, they've had issues with the non-filing verification process this year.
That makes perfect sense. Getting that $300 back is definitely worth filing for, and if the school specifically wants the return rather than a non-filing statement, you're on the right track. Just as an FYI for future reference, for very low incomes like this, your child might be able to claim "exempt" on their W-4 to avoid having federal tax withheld in the first place. That way they get all their money upfront instead of waiting for a refund. Something to consider for their current job if applicable!
One thing nobody has mentioned yet is that you need to be careful about wash sales when dealing with capital losses. If you sell an investment at a loss and then buy the same or a "substantially identical" investment within 30 days before or after the sale, it's considered a wash sale and you can't claim the loss on your taxes right away. I learned this the hard way when I thought I had $8k in losses to carry over, but because I had rebought some of the same stocks within the 30-day window, about $3k of my losses were disallowed as wash sales. The loss doesn't disappear forever, but it gets added to the cost basis of the replacement shares, so you don't get the tax benefit until you eventually sell those shares.
How exactly do you track this stuff? Like if I sold some Tesla at a loss in December but then bought some again in January, do I have to manually figure out the wash sale or will my brokerage statement show it? This whole capital loss thing is making my head spin.
Most brokerages will track wash sales for you on your 1099-B forms and year-end tax statements. They'll have a column that shows "Wash Sale Loss Disallowed" or something similar. However, they only track wash sales within the same brokerage account - they won't know if you sold in one account and bought in another, or if your spouse bought the same security in their account. If you're doing your taxes with software like TurboTax or H&R Block, they'll usually flag potential wash sales when you enter your trading information. But it's always good to review your brokerage statements carefully and look for those wash sale notations, especially if you're an active trader or if you're trading the same securities across multiple accounts.
Also, make sure you understand the difference between short-term and long-term capital gains/losses. If you held the investment for less than a year before selling at a loss, it's short-term. More than a year, it's long-term. When you apply carried-over losses, short-term losses first offset short-term gains (taxed at your ordinary income rate), and long-term losses offset long-term gains (taxed at the preferential capital gains rates). Only after you've offset gains of the same type can you apply remaining losses to the other type. This order of operations can make a big difference in your tax bill if you have a mix of short and long-term transactions! Many people miss this nuance.
Great point! I just want to add that this is why tax software can sometimes get this wrong. It gets complicated fast when you have multiple types of gains and losses from different years. My tax guy showed me how one year I had long-term losses but short-term gains the next year, and the software didn't optimize how they offset each other. Had to manually override it which saved me almost $900.
Just wanted to share my experience - I filed on Feb 7, got my state refund on Feb 19, and my federal finally came through yesterday (March 9). So about 30 days for federal. Never had it take this long before. Used TurboTax and had direct deposit set up. Nothing complicated on my return either - standard W-2 income, standard deduction. Still took forever compared to previous years.
Did you claim any credits like EIC or child tax credit? I heard those automatically delay processing. I'm on day 25 of waiting and getting nervous...
No special credits at all, which is why I was surprised by the delay. Just a totally vanilla return with W-2 income and the standard deduction. From what I've gathered reading online, even the simplest returns seem to be taking longer this year. The IRS apparently prioritizes certain returns with credits for lower-income filers, which is understandable, but it means even simple returns can sit in the queue longer than usual.
Anyone else notice the "Where's My Refund" tool is basically useless? Just says "Your return is still being processed" for WEEKS with no additional info. How hard would it be for them to add a simple estimated date or at least tell us if there's an actual problem vs just being in a queue??
Javier Torres
The difference might be due to certain pre-tax deductions that don't count toward Social Security but do count for Medicare and federal income tax. Common examples include: 1. Health insurance premiums 2. Flexible spending accounts (FSA) 3. Some retirement contributions 4. Transportation benefit programs Check your final pay stub from 2018 and see if you had any significant pre-tax deductions that might explain the difference. Also, did you work for a school system or government agency? Some government employees have different Social Security withholding rules.
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Connor O'Neill
ā¢I did have a pretty expensive health insurance plan that was coming out pre-tax, plus I was maxing out my 401k that year. Could those really account for almost $95k difference between box 1/5 and box 3 though? That seems like a massive gap!
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Javier Torres
ā¢Health insurance premiums and 401(k) contributions typically reduce your Social Security wages, but $95k is an unusually large difference. Even if you maxed out your 401(k) at the 2018 limit ($18,500 plus any catch-up contributions if you were over 50), and had expensive health insurance (let's say $15,000-20,000 for a premium family plan), that would still only account for maybe $40,000 of the difference. If there's still a $55,000 gap unaccounted for, it's likely there was a reporting error. Another possibility is if you had some deferred compensation or special bonus arrangement that was treated differently for Social Security purposes. Either way, I would definitely contact your former employer for clarification.
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Emma Davis
I just realized my 2024 W-2 has a similar issue! Box 1 and 5 are both $87,430 but box 3 is only $52,189. I never would have noticed this if not for your post. Now I'm wondering if I'm paying the right amount of Social Security tax...
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CosmicCaptain
ā¢Check if you contribute to a 457(b) plan. Those reduce your Social Security wages but not your Medicare wages. My wife works for the state and has this exact situation - big difference between box 3 and boxes 1/5 because of her 457(b) contributions and healthcare FSA.
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