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Just an FYI - the SECURE 2.0 Act did reduce the penalty for missed RMDs from 50% to 25% (and potentially down to 10% if corrected quickly), but as you noted this only applies to missed RMDs from 2023 onward. For your 2022 situation, definitely request the waiver as others have suggested. In my experience as a retired accountant, the IRS is reasonable about these requests when it's a first-time mistake. Make sure to calculate the correct RMD amount using the appropriate life expectancy table for an inherited IRA - this depends on when the original owner passed away and your wife's relationship to them.
Thanks so much for confirming the SECURE 2.0 Act timing. I was hoping there might be some retroactive relief, but that didn't seem likely. We've already taken the missed distribution now and I'm working on the waiver request letter. Do you know if I should mail the Form 5329 and letter separately from our regular tax return, or include it all together?
If you haven't filed your 2022 return yet, include the completed Form 5329 (with "RC WAIVER" written at the top) and your letter with your tax return. If you've already filed your 2022 return, then submit an amended return (Form 1040-X) with the Form 5329 and waiver letter attached. Make sure your letter clearly states that the missed RMD has now been distributed and reported as income for the year it was distributed (likely 2023). The IRS just wants to see that you've corrected the mistake and are taking responsibility. In my 30+ years working with tax issues, I've rarely seen them deny a first-time waiver request when the taxpayer has taken corrective action.
Another option - if your wife's inherited IRA is with a major brokerage firm (Fidelity, Vanguard, etc.), call their retirement department directly. Many of them have dedicated teams that handle RMD issues. When my brother missed his RMD from an inherited IRA last year, Fidelity actually helped him draft the explanation letter and gave him specific instructions for filing the 5329. They even told him that based on their experience, the IRS approves most first-time waiver requests when the distribution is promptly corrected.
This is good advice! I work for a financial institution (can't say which one) and we help clients with missed RMDs all the time. We have template letters that have been successful with the IRS. Most custodians want to help because it's in everyone's best interest to resolve these issues smoothly.
One thing to consider with an IRS examination letter - the specific type of examination matters. Is it a correspondence audit (handled entirely by mail), an office audit (you go to an IRS office), or a field audit (they come to you)? Your letter should specify. Correspondence audits like yours are the most common and least intensive. If you respond promptly with well-organized documentation, you'll often resolve things quickly. But don't ignore deadlines - if you need more time, call and request an extension before your response date passes. Also, only address what they're asking about. Don't volunteer additional information or send documentation for items they haven't questioned. That can sometimes trigger them to expand the examination.
Can they expand the examination even if you only respond to what they asked for? I've heard horror stories about audits expanding to multiple years after they started looking at just one thing.
Yes, they can potentially expand the examination even if you only respond to what they asked for, but it's much less likely. They typically expand examinations when they find significant discrepancies that suggest similar issues might exist in other years, or if documents you provide reference other potentially problematic items. That said, correspondence examinations (the mail-in kind) rarely expand to full audits or multiple years unless they uncover major issues. The IRS has limited resources and generally focuses on the specific items they initially identified. If you maintain good records and legitimately claimed the deductions in question, even if your documentation isn't perfect, you'll usually be fine.
If you're missing receipts for some of your business expenses, don't forget about alternative documentation! The IRS will sometimes accept: 1. Bank/credit card statements showing the purchase 2. Invoices or bills 3. Canceled checks 4. Purchase orders 5. Written records created at the time of the purchase For the charitable donations, if they were all to established 501(c)(3) organizations, you can actually contact them directly for duplicate acknowledgment letters. Most larger charities keep donation records and can provide this documentation quickly.
Thank you! This is super helpful. I'm actually missing receipts for about $1,200 worth of equipment purchases, but I definitely have the credit card statements. I wasn't sure if that would be enough on its own. For the donations, most were to my local animal shelter and a couple larger national organizations. I'll reach out to them ASAP for proper documentation. Do you know if the acknowledgment emails would work as a backup if I can't get the formal letters in time?
Credit card statements are a good start, but try to supplement them with additional evidence of what was purchased and its business purpose. If you have order confirmations, product manuals, photos of the equipment in use for your business, or even detailed notes you made about the purchases, include those as well. Acknowledgment emails can work as acceptable documentation if they contain all the required information: the organization's name, date of donation, amount donated, and a statement that no goods or services were provided in exchange (or their value if you did receive something). If your emails have all this information, they can serve as primary documentation. If they're missing some elements, include them as supporting evidence along with your request for formal letters.
Another option to consider is switching your LLC tax election to S Corporation status if your business is earning enough profit. With an S Corp, you can pay yourself a reasonable salary (which requires W2s and payroll taxes) and then take additional distributions that aren't subject to self-employment tax. Saved me about $8,500 in self-employment taxes last year on my $125,000 in business profit.
That's interesting - I've heard about this S Corp approach before. At what income level does it generally make sense to make that switch? I'm currently making around $85,000 in profit annually.
The general rule of thumb I've heard from tax professionals is that S Corp election starts making sense financially when your net profit is consistently above $60,000-80,000. At your $85,000 profit level, it could definitely be worth exploring. The main consideration is balancing the additional costs (more complex tax filing, payroll processing, etc.) against the self-employment tax savings. You also need to pay yourself a "reasonable salary" which the IRS expects to be in line with industry standards for your role. The remaining profit can then be taken as distributions without self-employment tax.
Don't forget that as a single-member LLC taxed as a sole proprietorship, you should be making quarterly estimated tax payments! When I first started, I didn't realize this and got hit with underpayment penalties. Since you don't have taxes withheld from a W2 like a C Corp owner would, you have to handle this yourself.
Another option worth considering: did your husband's W-2 from 2021 (from the job he had to repay the bonus to) box 1 already reflect the repayment? If so, you might not need to do anything special at all. Check if the W-2 Box 1 wages for 2021 have already been reduced by the $6,500 bonus repayment. If that's the case, the system has already accounted for it and you don't need to take any additional steps.
Thank you for mentioning this! I just double-checked the 2021 W-2 and you're right - Box 1 does NOT include the repaid amount. It's separate from the W-2 entirely. My husband actually wrote them a check for the repayment since he had already left the company. That's why we need to handle this through the claim of right provision. Seems like Schedule 3, Line 13b is the consensus from everyone here.
That makes perfect sense then. Since the repayment was made directly and not through payroll deduction on the new job, you'll definitely need to use the claim of right provision. Schedule 3, Line 13b with "IRC 1341" notation is exactly right. Just be sure to keep documentation of the repayment (like a copy of the check and any correspondence) in case the IRS ever has questions. They don't require you to submit this documentation with your return, but you should keep it for your records.
Does anyone know if there's a minimum amount required to claim this credit? My wife had to repay a much smaller bonus ($800) and I'm wondering if the same rules apply or if there's some threshold.
There's no minimum threshold for claiming a credit under IRC 1341, but there is a threshold that determines which method you can use. If the repayment was $3,000 or less, you can only take it as an itemized deduction (which may not help if you take the standard deduction). For repayments over $3,000 (like the OP's situation), you can choose either the deduction or the credit approach, whichever benefits you more. So for your $800 repayment, unfortunately you would only be able to claim it as an itemized deduction on Schedule A, which wouldn't help if you're taking the standard deduction.
Paloma Clark
Have you checked if your employer is applying the correct filing status in the payroll system? I had an issue where HR had me in the system as "Married Filing Jointly" even though my W-4 clearly said "Head of Household." That caused major underwithholding. Another thing to check - did your employer apply a "tax exempt" status by mistake when transitioning systems? That would explain zero withholding. Also, you might want to file a Form 843 (Claim for Refund and Request for Abatement) with the IRS if you end up with penalties. I did this when my employer's error caused me to be underwithheld, and the IRS waived my penalties since it wasn't my fault. Just make sure you document everything!
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Elin Robinson
ā¢I checked with HR specifically about the filing status and they confirmed it shows HOH in the system. But the tax exempt thing is interesting - I hadn't thought of that! I'll definitely ask if something got checked wrong during the transition. Thanks for the Form 843 tip. I'm definitely keeping copies of all my emails with HR and the responses from the payroll companies as documentation. Did you need any specific documentation from your employer when you filed that form?
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Paloma Clark
ā¢For the Form 843, I included copies of my W-4 showing the correct information, emails with HR where they acknowledged the error, and a short statement explaining the situation. The key is proving it was the employer's error, not yours. The most helpful document was a letter from my HR department acknowledging the mistake in their system. If your employer is cooperative, ask for something similar - a simple statement confirming there was a system error in the payroll transition that affected your withholding despite your W-4 being filled out correctly. That carries a lot of weight with the IRS.
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Heather Tyson
Don't freak out too much about owing a lot - with HOH status and one dependent, your tax liability might not be as high as you think. I earn about $57k and usually owe around $3,500 total for federal taxes after the standard deduction and child tax credit. You might also qualify for the Earned Income Credit depending on your dependent's age. Check the IRS withholding calculator at irs.gov to get a more accurate estimate of what you'll owe based on your specific situation. Have you thought about making estimated tax payments directly to the IRS to catch up? You can do it online through IRS Direct Pay. That way you don't have to wait for your employer to fix their systems.
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Raul Neal
ā¢The Earned Income Credit suggestion is good, but be careful - at $59k for HOH, you're probably over the income limit unless your dependent is qualifying for the child tax credit. For 2024 taxes (filing in 2025), the EITC income limit for HOH with one qualifying child is around $53k.
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Elin Robinson
ā¢Thank you! I hadn't thought about making estimated payments directly - that's a great idea to handle this myself rather than relying on the employer fix. I'm going to check out the IRS calculator today to see exactly where I stand. And yeah, I'm probably just over the limit for EITC based on what the other commenter said, but I should still get the child tax credit which will help. My daughter is 12 so she definitely qualifies.
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