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Just want to clarify something about HDHPs and HSA eligibility - even being covered under a qualifying HDHP doesn't automatically make someone eligible for HSA contributions. You also can't be covered by any non-HDHP coverage (with few exceptions like dental or vision) and can't be claimed as a tax dependent on someone else's return.
I think there's a little more nuance here too - if the domestic partner was enrolled in Medicare for any part of the year (even just Part A), they would be ineligible to contribute to an HSA for those months, even if they otherwise had HDHP coverage.
From my experience with a similar situation last year, the best approach is to make sure each person is only contributing based on the months where they were the policyholder or spouse of the policyholder (not just a domestic partner) on an HDHP. The IRS regulations are really specific that domestic partners don't get the same treatment as spouses for HSAs. Also remember that if you correct excess contributions before the tax filing deadline, the 6% penalty doesn't apply. But if you don't, you'll pay that penalty each year until corrected.
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Amina Toure
Another approach that worked for our county agency was contacting our state's tax department. Since they also have to comply with Pub 1075 for their IRS data sharing agreement, they had already created a modified template that addresses the 2021 requirements. They were happy to share their template with us after we signed an NDA. Many state tax departments have dedicated Safeguards Coordinators who work on this compliance full-time and might have better resources than what's publicly available.
That's a smart approach I hadn't considered. Did your state make substantial changes to the template format, or did they just add sections for the new requirements? I'm trying to gauge how different the new SSR should look.
Amina Toure
ā¢They kept the same general structure of the 2016 template but expanded several sections. The most significant changes were in the areas covering cloud environments, remote access, and encryption requirements. They also added entirely new sections for container security, mobile device management, and the updated incident response procedures. The nice thing about their template is that they clearly marked which requirements were from the 2021 revision, making it easy to see what's new. The overall document ended up being about 20% longer than the old template due to the additional controls.
One important thing to note about Pub 1075 compliance for 2021 that hasn't been mentioned yet - they've significantly changed how they want agencies to handle virtual environments and cloud computing. If you're using any cloud services like AWS, Azure, or Google Cloud to process or store FTI, there are completely new requirements that weren't in the 2016 revision. The SSR needs to specifically document how your cloud environment meets requirements like FedRAMP authorization and data segregation.
This is a huge issue for us too. We're moving some systems to Azure GovCloud and trying to figure out exactly what needs to be in the SSR about it. Does anyone know if IRS accepts the FedRAMP authorization package as evidence, or do we need to document all the controls separately?
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Chloe Davis
Another option to consider is filing Form W-4V to elect voluntary additional withholding. If they won't change their method, you could potentially offset their excessive withholding by claiming more allowances. Not ideal, but might help mitigate the overwithholding problem. Also, if this continues, you might want to adjust your quarterly estimated tax payments to account for the expected refund. This could help with your cash flow throughout the year rather than waiting for a large refund.
Javier Cruz
ā¢Wouldn't filing Form W-4V only work for certain government payments? My NQDC is from a private employer. And for the quarterly estimated payments - wouldn't I potentially face underpayment penalties if I reduce them too much, even if I know I'll get a big refund later?
Chloe Davis
ā¢You're absolutely right about Form W-4V - I misspoke. For employer payments, you'd use a regular Form W-4. My apologies for the confusion! Regarding estimated tax payments, you're also correct to be concerned about underpayment penalties. However, the IRS has a "safe harbor" provision - if you pay at least 90% of the current year's tax or 100% of the prior year's tax (110% if your AGI exceeds $150,000), you won't face penalties. So you could potentially use last year's tax liability as your guide for this year's payments, taking into account the expected overwithholding from your NQDC distribution.
AstroAlpha
Has anyone considered that the employer might actually be required to withhold at this rate? I work in payroll (different industry) and sometimes supplemental wages above certain thresholds have mandatory withholding requirements that can't be adjusted, especially for high-income earners. Just wondering if this might be a compliance thing rather than a mistake.
Diego Chavez
ā¢That's not accurate for NQDC distributions. While there are mandatory withholding rates for some supplemental wages (like bonuses), NQDC distributions definitely allow for either the aggregate method or the flat rate method. The issue here is that the employer is choosing the method that creates an artificially high withholding rate by annualizing a single payment. The mandatory withholding for supplemental wages over $1 million is 37%, but that's only for the portion above $1M. For someone receiving $165k annually, that's not even relevant.
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Dylan Wright
One workaround I found in FreeTaxUSA last year for my wife (Chinese student with treaty benefits) was to use the Foreign Earned Income Exclusion (Form 2555) instead of trying to find a tax treaty specific option. It's not technically the correct form, but it accomplishes the same thing - excluding certain foreign-sourced income from taxation. The software walks you through it much better than trying to do manual adjustments on Schedule 1.
Sofia Torres
ā¢Isn't this potentially risky from an audit perspective? Using the wrong form even if the end result is similar seems like asking for trouble...especially since Form 2555 is for US citizens/residents living abroad, not for foreign citizens in the US claiming treaty benefits.
Dylan Wright
ā¢You raise a good point about audit risk. After thinking about it more, I wouldn't recommend my approach. While it worked in terms of getting the correct tax amount calculated, it's definitely not the right way to claim treaty benefits. The IRS could rightfully question why Form 2555 was used when the requirements weren't met. The proper approach is definitely what others have suggested - report the income, then use Schedule 1 with a negative adjustment and proper treaty reference. Sometimes taking shortcuts leads to bigger problems later!
Has anyone else just given up on FreeTaxUSA for international student situations? I switched to Sprintax last year after dealing with this exact problem and it was worth the extra money. They have all the tax treaty options built right in and handle both 1040 and 1040-NR situations.
Sprintax is definitely designed better for international students but it's so expensive! $85 for federal plus $45 for each state is a lot when FreeTaxUSA is free federal and $15 state. If you can figure out the treaty reporting correctly, FreeTaxUSA saves a ton.
CosmicCadet
Don't stress too much about the "accepted" email. It's a good sign but doesn't mean much for timing. Last year I got that same email from HR Block and still waited 7 weeks for my refund because I had education credits. My sister filed the same day with a simpler return and got her money in 10 days. If you claimed any credits like Earned Income Credit, Child Tax Credit, or American Opportunity Credit, the IRS automatically takes longer to review those returns. Same if you have self-employment income or itemized deductions.
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Javier Morales
ā¢I did claim the American Opportunity Credit for my daughter's college expenses. That might explain the delay! Did you do anything special to speed up your refund last year, or just wait it out?
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CosmicCadet
ā¢I just had to wait it out. With education credits, the IRS does additional verification steps that can't really be rushed. Make sure you have all the supporting documentation (like Form 1098-T from the college) saved in case they request it. In my experience, the "Where's My Refund" tool will be stuck on "processing" for weeks, then suddenly update to "approved" and you'll usually get your refund within 2-3 days after that. The waiting is frustrating but eventually it comes through. Just keep checking the IRS tool once a week rather than daily to save yourself some anxiety.
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Chloe Harris
This is exactly why I switched from HR Block to a local CPA. The big tax prep companies are terrible at communication. The emails are automated and don't tell you anything useful about what's actually happening with your return. My CPA costs about $75 more than HR Block charged me last year, but she answers my questions directly, explains what's happening at each stage, and even has a direct line to the IRS Practitioner Hotline if there are issues. Worth every penny for the peace of mind.
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Diego Mendoza
ā¢Not everyone has an extra $75 to spend though. Plus a CPA doesn't make the IRS process returns any faster. I use FreeTaxUSA and get the same timeline as people who pay hundreds for preparers. The IRS processing is what it is regardless of how you file.
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