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Ask the community...

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I see everyone suggesting the identity theft angle which is definitely possible, but there could be another explanation. The IRS sometimes makes major data entry errors. Last year they attached someone else's W-2 to my account by mistake - had a similar name but completely wrong SSN. Could be worth checking your Social Security statement online to see if there's any reported income from that employer there too. If it's not showing on your SS record but is on your IRS transcript, that strengthens the case that it's just an IRS error rather than actual identity theft.

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Nalani Liu

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I hadn't even thought about checking my Social Security statement! Just logged in and interestingly there's no record of that employer or the $78k on my Social Security earnings record. Does that mean it's more likely just an IRS error than actual identity theft? Should I still follow all the identity theft steps everyone mentioned or is there a faster way to resolve this?

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If it's not showing up on your Social Security earnings record, that's actually good news! It suggests it's more likely an IRS processing error rather than someone actually using your info to work somewhere. I'd still take precautions like monitoring your credit, but you might be able to resolve this more quickly by calling the IRS and specifically telling them it appears to be a processing error since the income doesn't appear on your Social Security record. Ask to speak with someone in the Wage and Income department rather than Identity Theft. In my case, they were able to remove the incorrect W-2 and release my refund within about 6 weeks of identifying the error. Still frustrating, but faster than the full identity theft resolution process!

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Anna Xian

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Make sure you also check if the company actually exists! Google the company name, look them up on your state's business registry website, etc. I had a weird W-2 show up and spent weeks on the identity theft process only to discover the company was legitimate but had transposed some digits in the SSN they reported to the IRS. The fastest resolution came when I actually contacted the company's HR department directly. They were able to correct the error on their end and submit amended forms to the IRS.

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Smart advice! But how do you approach a company you've never worked for? I'm dealing with a similar issue and worry they'll just ignore me since I'm not an employee.

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Riya Sharma

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Another option: if you're filing with a pending SSN, make sure you're tracking your application status with SSA. If it's been more than 6 weeks since you applied at the hospital, you might want to contact your local Social Security office. Sometimes applications get lost in the system. You can request a confirmation letter from them showing you've applied, which can help with your tax preparer.

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Jayden Reed

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Thanks for this suggestion. It's been about 7 weeks since the birth and application, so I probably should check on the status. Do you know if there's a way to check online or do I have to call/visit the SS office?

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Riya Sharma

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Unfortunately there's no online tracking for first-time SSN applications for newborns. You'll need to contact your local Social Security office directly. I recommend calling first to make an appointment rather than just showing up. When you call, ask specifically for a confirmation letter showing you've applied for your child's SSN - this document itself can sometimes satisfy tax preparers while you wait. The confirmation letter usually includes your child's name and your address, which might even satisfy the residency requirement your tax preparer is asking for. Bring your child's birth certificate when you go in person.

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Santiago Diaz

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Hospital bills and health insurance documents worked for us! Our son was born in December and we had the exact same issue. We brought the hospital discharge papers plus a health insurance statement showing the baby added to our policy - both had our address and the baby's name. H&R Block accepted these without question.

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Millie Long

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Most tax places are accepting birth certificates + hospital documents this year. Just call different preparers if Jackson Hewitt is being difficult. I switched from them to a local place that was much more helpful with my situation.

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I'm a tax preparer (not CPA) and November is absolutely not too early to book for tax season. We start booking returning clients in October and new clients in November. By January, we're usually booked through mid-March. One suggestion - ask if they offer a pre-tax season planning meeting in December. Many CPAs offer this service where they can review the situation and give advice before year-end. This is especially useful with real estate since there might be things your in-laws can do before December 31st to optimize their tax situation.

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Harmony Love

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What's the difference between a tax preparer and a CPA? Would a regular tax preparer be able to handle real estate investments from another country or is that something only a CPA should handle?

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A CPA has more extensive education, passed the CPA exam, and maintains specific continuing education requirements. Tax preparers like me have various levels of certification (I'm an Enrolled Agent which means I'm licensed by the IRS). For international real estate investments, I would strongly recommend a CPA with specific experience in that area. While some experienced EAs could handle it, CPAs typically have more training with complex international tax issues. Foreign real estate can involve foreign tax credits, FBAR filings, and other complex reporting requirements that go beyond basic tax preparation. This is definitely a situation where expertise matters more than price.

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Rudy Cenizo

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I would recommend calling now but expecting to book for February. January is when most people are still waiting for documents to arrive. Most W-2s and 1099s don't even come until late January or early February, so unless your in-laws have everything ready super early, a February appointment makes more sense.

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Natalie Khan

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This depends entirely on the complexity. For simple returns, sure. But for real estate investments, especially with foreign ownership, earlier meetings can be crucial for gathering all the required documentation. Sometimes these returns require information that takes weeks to track down.

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How do Roth IRA ordering rules apply to rollovers from Roth 401k or other Designated Roth accounts?

I understand the standard Roth IRA ordering rules for early withdrawals (pre-59.5) regarding contributions, earnings, and conversions. I know converted money has that 5-year holding period before penalty-free withdrawal. But I'm confused about how rollovers from Roth 401k accounts are treated since they're not technically conversions. I've been searching everywhere but can't find clear guidance on how rollovers from designated Roth accounts (like Roth 401k) work with the ordering rules. There's no conversion happening in these transactions. I saw someone mention on a forum that when you roll a Roth 401k into a Roth IRA, all the Roth 401k contributions immediately get treated as Roth IRA contributions, and all the Roth 401k earnings become Roth IRA earnings. Is this actually true? Here's a practical example to illustrate my question: If I have $27k in a Roth IRA with $13k being contributions, I could withdraw up to my contribution amount early without any penalty or tax. So taking out $15k would only result in penalties on $2k. But if I had a $270k Roth 401k with $135k in contributions and took an early withdrawal, the pro-rata rule would hit me with taxes and penalties on 50% of whatever I took out. So hypothetically, could I roll that entire $270k Roth 401k into my existing Roth IRA and then be able to withdraw up to $148k penalty-free immediately (the combined contributions from both accounts)? Would this effectively bypass the pro-rata rule without even waiting 5 years like with conversions? Seems almost too easy, which makes me suspicious. Has anyone dealt with this scenario?

Just to add another data point - I actually did exactly what you're describing about 2 years ago. I had approximately $215k in my Roth 401k (about $120k contributions) and rolled it to my existing Roth IRA which had about $35k (with $25k being contributions). After the rollover, my contribution basis was properly tracked as $145k total. I needed money for a medical emergency about 3 months later and was able to withdraw $52k without any tax consequences or penalties. The key is making sure your 401k plan administrator correctly reports the contribution portion of your rollover. My plan provided a statement breaking down the contributions vs. earnings portions, which I kept for my records. When I filed my taxes the following year, everything worked as expected - no issues.

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Collins Angel

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That's really helpful to hear a real-world example! Did you have to do anything special on your tax return to document the rollover and subsequent withdrawal? And did your 401k plan administrator automatically provide that contribution/earnings breakdown, or did you have to specifically request it?

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You'll receive a 1099-R from your 401k provider showing the total distribution, and you'll need to report the rollover on your tax return. For the withdrawal, you'll get a 1099-R from your IRA custodian the following year. I didn't need to file any special forms since my withdrawal was less than my total contributions, but I did keep detailed records of my basis. My plan administrator provided the contribution/earnings breakdown automatically as part of the distribution paperwork. If yours doesn't, definitely request it - you need this documentation to establish your basis. Some administrators have this readily available, while others might require you to specifically ask for a "distribution statement showing contribution and earnings portions.

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Ezra Beard

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One thing nobody has mentioned yet - while the ordering rules do work as everyone's described (contributions come out first), be careful about one detail: the timing! If you roll over your Roth 401k to a NEW Roth IRA (rather than one you've had for 5+ years), you might still face the 5-year rule on qualified distributions of EARNINGS. Contributions can still come out anytime, but if you're trying to access earnings within 5 years of establishing your FIRST Roth IRA, those earnings would be subject to tax/penalty even if you're over 59.5. The 5-year clock for earnings starts when you open your first Roth IRA, not when you do the rollover. This trips up a lot of people who wait until retirement to open their first Roth account.

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Wait I'm confused. So if I open my first ever Roth IRA today at age 55, then immediately roll over my Roth 401k that I've had for 20 years, I still have to wait until age 60 to access the earnings tax-free even though I'll be past 59.5?

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Ezra Beard

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That's exactly right. The 5-year rule for Roth IRA earnings requires that your first Roth IRA was established at least 5 tax years ago AND you're 59½ or meet another exception (disability, first-time home purchase, etc.). So in your example, if you open your first Roth IRA at 55 and roll over your 20-year Roth 401k, you could access all the contribution portions immediately without tax or penalty. However, for the earnings to come out tax-free, you'd need to wait until both: 1) you're 59½ (which you already are), and 2) it's been 5 tax years since you established your first Roth IRA - so that would be at age 60.

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NightOwl42

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One thing nobody mentioned yet - if you're considering an Offer in Compromise through the Fresh Start Program, be prepared for a VERY thorough financial investigation. They want bank statements, pay stubs, bills, asset values - basically your entire financial life laid bare. I went through this last year and while it was worth it (settled $32k in taxes for about $8k), it was also stressful and invasive. Just be prepared for that level of scrutiny if you go that route.

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Zoe Papadakis

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Did you use a tax professional to help with your Offer in Compromise or did you handle it yourself? I'm wondering if it's something I can navigate on my own or if I should budget for professional help.

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NightOwl42

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I started the process myself but ended up hiring a tax resolution specialist about halfway through. The forms themselves aren't super complicated, but determining the right offer amount is tricky. The IRS rejected my first submission because I miscalculated my "reasonable collection potential." The professional helped me resubmit with the correct calculations and stronger documentation of my hardships. It cost me about $1,500 for their help, which felt worth it since they got my offer accepted. If your situation is straightforward you might be able to do it yourself, but having someone who knows what the IRS is looking for definitely improved my chances.

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Don't forget that the Fresh Start Program also increased the tax lien threshold! The IRS won't file a Notice of Federal Tax Lien unless you owe more than $10,000 now (used to be much lower). That might help with your goal of buying a house eventually since tax liens can really mess with your ability to get financing.

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Dmitry Ivanov

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Is that automatic or do you have to apply for that specific benefit? My tax debt is around $14k so I'm worried about liens affecting my credit.

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