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22 Something people often overlook with Roth contributions is that you need to have TAXABLE compensation to contribute. So if all your income for the year was from workers comp, unemployment, or investment returns, you can't contribute anything to a Roth IRA that year. The compensation has to be taxable earned income like W-2 wages, self-employment income, or alimony (from pre-2019 divorces).
11 Wait so does disability payments count as earned income for Roth IRA purposes? I've been on short-term disability for a few months but still contributing to my Roth.
22 No, most disability payments don't count as earned income for Roth IRA purposes. Short-term disability payments from your employer or an insurance company are generally considered taxable income, but they're not considered earned income for IRA contribution eligibility. The only exception would be if you're receiving disability payments from Social Security and you've previously opted to have those benefits taxed as wages. But that's pretty uncommon and requires specific prior arrangements with the SSA.
7 If you already filed your taxes, remember you'll need to file an amended return to correct this. You'll need to file Form 5329 to report the excess contribution and either pay the 6% penalty or show that you withdrew the excess (plus earnings) by the deadline.
Have you tried just manually filling out Form 8965 and attaching it to your return? I had a similar issue with TaxAct last year and ended up just downloading the form from the IRS website, filling it out by hand, and attaching it to my printed return. For 2018, you can use exemption code G for general hardship on Form 8965, Part III. You don't need an ECN - just enter the code and the months it applies to. If you're e-filing, you might need to try different tax software, but if you're mailing your return, this workaround definitely works.
Would I still use TurboTax to do the rest of my return and just attach this form separately? I'm a little worried about how that would work with e-filing. Has anyone successfully done that?
You'd still complete the rest of your return in TurboTax, but when it comes to filing, you'd need to print and mail the return instead of e-filing. Just print everything from TurboTax, then attach your manually completed Form 8965. The downside is you'd have to paper file, which means a slower refund if you're getting one. But it's better than paying a penalty you don't owe! Another option might be to check out FreeTaxUSA or another software that might have updated their systems correctly for the 2018 hardship exemption changes.
Just to confirm what others have said - I was in the exact same situation for my 2018 taxes (unemployed most of the year). I ended up switching from TurboTax to FreeTaxUSA which handled the hardship exemption correctly without asking for an ECN. It let me enter exemption code G directly on the equivalent of Form 8965 and calculated everything correctly. Might be worth trying if you don't want to paper file or deal with calling the IRS. Their deluxe version is also way cheaper than TurboTax if you still need to file.
Was it complicated to switch software mid-way through doing your taxes? Did you have to re-enter everything?
One thing nobody has mentioned - if your grandmother continued living in the house after transferring it to your aunt, the IRS might scrutinize whether this was a "complete gift" or if your grandmother retained what's called a "life estate." This could affect how the transaction is treated for tax purposes. Also, depending on your grandmother's age and health in 2016, there could be look-back implications if she applied for Medicaid within 5 years of transferring the asset. Not directly related to the basis question, but something to be aware of with family property transfers.
Good point about the life estate! My family got caught in that exact situation. Does anyone know if improvements made by the grandmother after transfer would count toward the basis? Like if she paid for a new roof in 2018?
If your grandmother truly gifted the entire property and your aunt is the legal owner, then any improvements made after the transfer would be added to your aunt's basis - but only if your aunt paid for them. If grandmother paid for the roof after no longer owning the house, that would generally be considered a gift of the improvement cost. However, if there was an informal arrangement where grandmother retained some ownership interest (like a life estate), the situation gets more complicated. This is actually why documenting who pays for what becomes really important in family property situations.
Im supprised nobody asked yet - was this a QUITCLAIM DEED or a regular transfer? Quitclaim deeds r treated different for tax purposes sometimes. Also did ur grandmother file a gift tax return (Form 709) when she transferred the property? That could affect things too.
Not all quitclaim deeds are treated differently for basis purposes. The type of deed doesn't determine whether it's a gift or not - the consideration (payment) does. A quitclaim just means the grantor isn't guaranteeing they have good title to transfer, but it can still be either a gift or a sale depending on whether money changed hands.
One thing nobody's mentioned is that you need to consider the penalties and interest that continue to accrue while you're in a payment plan. The IRS charges about 3% interest plus a 0.25% late payment penalty each month. I've been on a payment plan for about 2 years now, and I wish I had put more toward the principal early on. If you can possibly afford to pay more than the minimum monthly payment, especially in the beginning, you'll save a lot in the long run.
Do penalties continue to stack up forever? At what point would they stop adding more penalties?
The failure-to-pay penalty stops when it reaches 25% of the unpaid tax. So if you owe $5,000 in tax, the maximum penalty would be $1,250. However, interest continues indefinitely until the debt is fully paid. One thing I learned through my payment plan is that the IRS applies payments to penalties first, then interest, then the tax principal. This means if you're only making minimum payments, a larger portion goes to penalties and interest rather than reducing your actual tax debt.
Has anyone here had success with an Offer in Compromise? My accountant mentioned it might be an option for my situation, but it sounds complicated.
Javier Torres
Remember that LLC rules vary by state too! I'm in California where they charge an $800 annual franchise tax for LLCs regardless of whether you make money. Totally sucked my first year when I only made $15k but still had to pay that $800. Check your state's fees before deciding!
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Emma Wilson
ā¢Dude, Texas has none of that garbage. No state income tax and LLC filing is like $300 one time. So many California business owners moving here for that reason.
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QuantumLeap
Quick note about liability protection - an LLC only works if you actually treat it as separate from yourself. That means separate business bank accounts, not mixing personal and business expenses, proper contracts in LLC's name, etc. I've seen people get their "corporate veil pierced" in court because they treated their LLC like a personal piggy bank. The protection isn't automatic!
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