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I've used FreeTaxUSA for the last 7 years and ran into this exact problem. Here's the actual sequence in the current software: 1. Go to Income → Retirement/Social Security → IRA, Pension, and Annuity Distributions 2. Enter your 1099-R information 3. When asked "Is this a qualified distribution?" select NO (since you're under 59½) 4. In the next screens, it will ask if you've made any after-tax contributions to the IRA 5. Answer YES 6. It will then ask for your "basis" - this is where you enter your total contributions ($65k in your case) 7. The software should then correctly calculate that your $12k distribution is non-taxable The system is designed to handle this, but the navigation is definitely confusing. Also make sure you've completed Form 8606 in prior years if you've made non-deductible contributions.
This is EXACTLY what I needed! I found all these screens after following your steps. The key was answering NO to the qualified distribution question but then YES to the after-tax contributions question. FreeTaxUSA is now correctly showing the distribution as non-taxable on my draft 1040. I was stuck in a loop because I was looking in the wrong section entirely. Thank you so much for the detailed steps!
Glad to help! One more tip - save a copy of your Form 8606 each year as documentation of your contribution basis. The IRS can request proof of your contribution history if they ever question the tax-free status of your distributions. This happens more often than people realize with Roth accounts.
Has anyone tried switching to another software? I had a similar problem with FreeTaxUSA and ended up using TaxSlayer instead, which handled my Roth distributions much more intuitively.
Have you looked at H&R Block's free version? I think they handle some investment income for free, but there might be limits. Worth checking out.
Thanks for suggesting H&R Block. I actually tried their free version first before TurboTax, but they also wanted me to upgrade as soon as I entered my 1099-DIV information. Seems like most of the big companies use investments as a trigger for their premium versions.
That's frustrating! These companies are really aggressive with their upselling. Maybe try starting at the IRS Free File page (https://www.irs.gov/filing/free-file-do-your-federal-taxes-for-free) instead of going directly to the tax prep sites. Sometimes the versions you access through the IRS have fewer restrictions.
Slightly off-topic but if you're making so little in dividends and trading profits, maybe look into tax-advantaged accounts like Roth IRA for your investments? Then you wouldn't have to report those dividends or gains at all!
I don't understand why the IRS makes this so confusing! I'm in the exact same boat - married to someone without a SSN or ITIN. Does anyone know if certified translations are required for all the identity documents with the W-7? My wife's passport is in another language and I'm not sure if we need the whole thing translated or just the important parts?
Thanks for this - that's super helpful! I was about to just use Google Translate for the passport which sounds like it would've caused a rejection. Do you happen to know approximately how much a certified translator costs for passport documents? And is there any list of IRS Certifying Acceptance Agents for international locations?
Certified translation costs vary quite a bit depending on your location, but for passport documents, you're typically looking at around $40-120. Some translation services specialize in immigration and tax documents and may offer package deals specifically for ITIN applications. For IRS Certifying Acceptance Agents (CAAs) abroad, the IRS maintains a directory you can search by location at irs.gov/individuals/international-taxpayers/acceptance-agents-overseas. Not all countries have them, but major cities often do. If there's none in your spouse's country, some US-based CAAs can work remotely by video conference, though this is a newer practice that developed during the pandemic. One more tip: make sure the translator provides a signed statement of certification on letterhead that includes their credentials and a statement of accuracy. The IRS is quite particular about this.
Anyone know if there's a way to check the status of a W-7 application? My husband submitted his with our return 2 months ago and we haven't heard anything. I'm worried it's lost somewhere in the IRS black hole 😩
Unfortunately there's no online tracking system for W-7 applications like there is for tax returns. You can try calling the IRS ITIN unit directly at 1-800-908-9982, but good luck getting through. I submitted my wife's W-7 in February and only got the ITIN letter in May. The only way I managed to check status was using that Claimyr service mentioned above to actually get through to an IRS agent. It's ridiculous how hard they make this process!
One thing nobody has mentioned yet - check with your former employer's HR or benefits department. Sometimes companies have different policies about FSA funds when employees leave mid-year. While most DCFSAs are "use it or lose it," some employers might have provisions for reimbursing expenses that were incurred while you were still employed, even if you submit the claims after your termination date. There's usually a deadline (like 90 days after leaving), but it might still be worth asking. I left my job in 2023 and was able to submit dependent care expenses from my employment period even after I had left. Not all employers allow this, but it doesn't hurt to check!
Thanks for this suggestion! I actually did reach out to HR back when I left, and they told me any unused funds would be forfeited immediately upon my last day. I didn't realize at the time how this would affect my taxes or I would have tried to use the funds before leaving. Do you know if there's any time limit on when you can challenge this with HR? I left in August 2023, so it's been about 7 months now.
Unfortunately, if HR already confirmed the funds were forfeited upon your departure, there's likely little recourse at this point. Most plans have strict deadlines for submitting claims, typically 90 days after termination at most. After 7 months, it's almost certainly too late to challenge this with HR. Their policies about forfeiture upon termination are generally spelled out in the plan documents, and they have to follow those rules consistently for all employees. At this point, your best approach is what others have suggested - claim the dependent care credit for your expenses above the $3,300 amount shown in Box 10. While it's frustrating to lose access to money that was allocated for you, you can still benefit from the tax credit on your additional expenses.
Has anyone dealt with this situation where you switch jobs mid-year? My first employer had a dependent care FSA (which I did use), and now my new job offers one too. Can I contribute to both in the same year or is there some annual limit across all employers?
Great question! There's an annual limit that applies across all employers for Dependent Care FSAs. For 2023, that limit was $5,000 for single filers or married filing jointly ($2,500 if married filing separately). If you've already participated in a DCFSA at your previous employer this year, you need to count those contributions toward your annual limit at your new job. For example, if you contributed $2,000 at your old job, you can only contribute up to $3,000 at your new employer for the year. Make sure to inform your new employer's HR about your previous FSA contributions so they can adjust your maximum accordingly. If you accidentally exceed the annual limit, it can create tax complications.
Cameron Black
3 Don't forget about Form 8833 if you're claiming any treaty benefits as a dual-status alien! I messed this up my first year and got a nasty letter from the IRS. You need to disclose any positions where you're using a tax treaty to override standard tax rules.
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Cameron Black
•9 Is Form 8833 required for all treaty benefits? I thought there were some exceptions where you don't need to file it?
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Cameron Black
•3 You're right that there are exceptions. You generally don't need Form 8833 for treaty-reduced withholding on dividends, interest, royalties, etc. Also, if you're claiming treaty benefits that provide exemptions from tax on certain types of income (like scholarships), you might not need it. But for most substantial treaty positions - especially anything related to your residency status determination, permanent establishment issues, or business profits - you absolutely need it. Better safe than sorry - if you're claiming any significant treaty benefit, I'd recommend filing the form.
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Cameron Black
21 Quick question - are there any special rules about retirement account contributions during a dual-status year? I started a 401k with my employer in the US part of the year but not sure if I'm eligible for the full contribution limit.
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Cameron Black
•10 For 401k, if your employer offers it and you're eligible based on their plan rules, you can generally contribute regardless of your tax status. However, your contribution limit would be based on your U.S. taxable compensation only.
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