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Just to add another perspective - if you provided more than half of your own support and didn't live with your parents, they definitely can't claim you. The joint return test is just one of many tests that must be met. The IRS has a worksheet to determine "support" - did you pay for more than half of your housing, food, education, medical expenses, etc.? If yes, your parents can't claim you as a dependent, period.
How exactly do you calculate the support test? I paid rent and groceries, but my parents helped with tuition for part of the year and kept me on their health insurance. Does the insurance count as support?
Yes, health insurance premiums paid by your parents would count as support they provided. For calculating total support, you need to add up ALL expenses: housing, food, utilities, clothing, education, medical/dental care, transportation, and other necessities. If your parents paid tuition and health insurance, you'd need to get the dollar value of those benefits. For health insurance, it would be the portion of the premium attributable to your coverage. Then compare their contribution to the total support amount to see if it exceeds 50%.
Noah Irving
My sister went through this EXACT situation last year! The tax preparer told her that because she filed jointly with her husband, her parents couldn't claim her - REGARDLESS of the "no tax liability" exception. Apparently, that exception is super rare in practice. The preparer said that once you're married and file jointly, 99% of the time you can't be claimed as a dependent. It's not worth the risk of an audit for your parents to try claiming you.
That's not always true though - my tax guy said the exception does apply in some cases, especially for college students with very little income. It's not "super rare" if you actually have no tax liability.
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One thing nobody's mentioned - if you do offset your $20k gain with the $4k loss, remember that your state tax situation might be different from federal. Some states don't recognize crypto losses the same way the IRS does. I live in California and got surprised by this last year. Had to pay CA state tax on the full amount of my gains even though federally I was able to offset some with losses. Check your specific state tax rules or talk to a local tax pro before making any final decisions about selling those altcoins.
Tasia Synder
ā¢Damn, hadn't even thought about state tax differences. I'm in Texas so I think we don't have state income tax, but I'll double check. Does anyone know if there are any other gotchas I should watch out for with crypto taxes?
You're lucky being in Texas then! No state income tax means you only need to worry about the federal side of things. Another gotcha to watch for is the wash sale rule situation. Currently, crypto isn't subject to the same 30-day wash sale rules as stocks, which means you could technically sell your altcoins for the tax loss, then immediately rebuy them if you still want to hold them long-term. The IRS could change this rule in the future, but for tax year 2025, you're still able to do this. Just make sure you actually execute the sale - moving coins between your own wallets doesn't count as a taxable event.
Just a heads up that the IRS has been getting more aggressive about crypto reporting. Make sure whatever exchange you used is sending you proper 1099 forms. I had a similar situation last year with about $15k in gains and didn't report it all correctly. Got a lovely letter from the IRS six months later saying I owed an additional $3k plus penalties because my exchange had reported the transactions to them.
Zane Gray
ā¢This is so true. Friend of mine tried to "forget" about $8k in crypto gains and got absolutely hammered with penalties. The exchanges are definitely reporting to the IRS now - this isn't the wild west anymore.
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Mei Lin
Your 401k provider is handling this correctly, but there's one detail everyone's missed: you need to check if they're distributing the EARNINGS on the excess contribution separately. Those earnings are subject to the 10% early withdrawal penalty (unless you're over 59.5), even when the excess contribution itself isn't. This is a common mistake 401k providers make. When you get your 1099-R, check if they've separated the excess contribution from its earnings. If they haven't, you might need to calculate this yourself to properly report it on your tax return. The earnings portion should be small if you caught this quickly, but it's still important for accurate tax reporting.
This is really helpful info I hadn't considered. The check I received was for exactly the excess amount ($1,350) minus the 10% withholding. Does that mean they didn't include any earnings, or would the earnings have been calculated into that amount? Should I specifically ask about the earnings portion?
Mei Lin
ā¢Based on the amount you received, it sounds like they may not have calculated earnings separately, which is actually a mistake. Even a small excess contribution will generate some earnings while it was in the account. You should definitely call your 401k provider and specifically ask about the earnings on your excess contribution. Ask them how those earnings were calculated and how they'll be reported on your 1099-R. The correct procedure is to distribute both the excess contribution and its earnings. If they haven't properly accounted for the earnings, you might need to request an additional distribution specifically for those earnings. The provider should be able to calculate what those earnings were for the period the excess contribution was in your account.
Quick tip: If your 401k provider hasn't been helpful, try contacting the IRS directly at 877-829-5500 which is their specific line for retirement plan questions. That's how I sorted out my excess contribution issues last year.
GalacticGuru
ā¢That number has been impossible to get through on. I tried for weeks and never spoke to anyone. The wait times are insane or they just tell you to call back later.
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Don't overlook the "safe harbor" rule in Section 121! You mentioned you've owned the home for 10+ years. If you lived in it as your main home for at least 2 years during the first 10 years of ownership, you should qualify for at least partial exclusion ($250K for single filer, $500K for married filing jointly). What matters is that you satisfy the 2-out-of-5 years requirement BEFORE you started your nomadic lifestyle. Your continuous ownership still counts, and as others mentioned, temporary absences (even long ones) don't disqualify you as long as you maintain the home as your official residence.
Demi Hall
ā¢What if they DID rent it out while traveling though? Doesn't that change things?
Good question. If you rented the property while traveling, it gets more complicated but doesn't automatically disqualify you. The IRS uses a facts-and-circumstances test. If you rented it out occasionally (like on Airbnb) when you weren't using it, that's generally not a problem. If you converted it to a full-time rental property, you'll need to calculate the portion of ownership that qualified as primary residence vs. rental property. You might still get a partial exclusion based on the percentage of time it was your primary residence during the 5-year period before sale.
Has anyone actually been audited on this specific issue? I'm in almost the exact same boat (traveling since 2020, house still my only permanent address) and just got a notice from the IRS questioning my Section 121 exclusion claim from my 2023 return. Getting super nervous about it.
Kara Yoshida
ā¢I was audited on this exact issue last year. The key was providing documentation proving the house remained my "tax home." I submitted copies of my voter registration, driver's license, bank statements showing the address, utility bills in my name (even with minimal usage), and property tax statements. The IRS accepted my explanation that my travels were temporary absences and I had always intended to return to my home. I didn't lose my exclusion. Document everything!
Thanks for sharing your experience! That's really reassuring. I'll definitely gather all those documents. Did you have to provide any evidence about your travels too, or just focus on proving the house was still your main residence?
Holly Lascelles
Just adding another perspective - I invest in about 8 different REITs through various accounts and have been doing so for a decade. I've received Form 2439 exactly twice. Both times were during years when the specific REITs underwent major restructuring or property sales that created unusual capital gain situations. The form is pretty distinctive when you get it - clearly labeled as Form 2439 with "Notice to Shareholder of Undistributed Long-Term Capital Gains" right at the top. It's not something you'd overlook if it came in the mail or was in your electronic documents.
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Malia Ponder
ā¢Would you have to pay additional taxes when you got those 2439 forms? I'm wondering if answering "no" when you should have said "yes" would result in underpaying taxes or if it's more of a credit situation where you'd be missing out on money back.
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Kyle Wallace
Pro tip from someone who works at a tax firm: If you want to double-check whether any Form 2439 was issued under your SSN, you can request a "Wage and Income Transcript" directly from the IRS. It's free and shows all information returns filed under your SSN for a given tax year. You can get this online through the IRS website if you create an account, or use Form 4506-T to request it. If there's no 2439 on your transcript, then none was issued to you.
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Jacinda Yu
ā¢That's really helpful! Is the Wage and Income Transcript something I could still get now before filing? And do you know how long it takes to get it if I request it today? My tax deadline is coming up pretty soon.
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Kyle Wallace
ā¢If you create an account on the IRS website (irs.gov), you can access your Wage and Income Transcript immediately online. The electronic version is available for the previous tax year by late May or June, but we're still early in the filing season, so the 2023 information might not be complete yet. If you request it via Form 4506-T by mail, it typically takes 5-10 business days after they receive your request. Given the filing deadline approaching, the online method would be much faster if you qualify for online access. You'll need to verify your identity through their secure access process, which requires a financial account number or a mobile phone in your name.
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