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Something similar happened to my brother last year. He withdrew about $30k from his IRA for medical expenses but didn't properly document that the expenses exceeded the 7.5% AGI threshold. The one thing that helped him was filing an amended return with Form 5329 and including detailed documentation of all medical expenses. The IRS ended up reducing his penalty by about 60% after review. The key was providing extremely detailed documentation - itemized medical bills, proof of payment, and a clear calculation showing how much exceeded the 7.5% threshold. One tip: if you go this route, send everything via certified mail and keep copies of absolutely everything. The IRS lost his first submission and having proof of mailing saved him from missing deadlines.
Did your brother handle this himself or use a tax professional? I'm in a similar situation but wondering if I need to hire someone.
He started the process himself but ended up hiring a tax professional halfway through because the IRS started asking for additional documentation he wasn't sure how to provide. It cost him about $800 for the tax pro, but considering it saved him several thousand in penalties, it was worth it. If your case is relatively straightforward and you're comfortable with tax forms, you might be able to handle it yourself. But in my brother's experience, having a professional who knew exactly what supporting documents to include and how to present the case to the IRS made a significant difference in the outcome. The tax pro also knew which specific medical expenses would qualify and how to properly document them to meet IRS requirements.
Quick tip from someone who works in retirement planning: Get a Letter of Explanation from your IRA custodian that details why they approved the hardship withdrawal. While this won't guarantee penalty exemption, it can support your reasonable cause argument with the IRS. Also, if any portion of your withdrawal was used for medical expenses that exceed 7.5% of AGI, immediate purchase of your primary residence (up to $10k), higher education expenses, or health insurance premiums while unemployed, be sure to document those specifically. The hardship criteria for employer plans like 401(k)s are different from IRA exceptions. Many people confuse these rules!
Thanks for this insight. Do you think there's any chance the IRS would consider a full abatement of the penalty? I'm really struggling financially and this penalty is going to put me in an even worse situation.
Full abatement is rare but not impossible. The IRS does have authority to provide relief in cases of exceptional circumstances. Your best approach would be to: 1) Request abatement based on reasonable cause, clearly documenting why you believed the withdrawal qualified for exception (any advice you received, confusion between 401(k) and IRA rules, etc.) 2) Request abatement based on financial hardship by completing Form 433-F (Collection Information Statement) to demonstrate your current financial situation and inability to pay. If you're already in a difficult financial position, also look into the IRS payment plan options or Offer in Compromise program. Even if they don't waive the penalty entirely, you might be able to settle for a reduced amount or spread payments over time. Document everything thoroughly - the more evidence you provide of both your reasonable belief that the withdrawal was exempt and your current financial hardship, the better your chances.
One thing that nobody has mentioned is that the Social Security tax and Medicare tax don't apply to unearned income, even for kids. So if your child only has dividends and capital gains, they don't pay those taxes. But if they have both earned income (like babysitting, modeling, etc.) and unearned income, the earned portion is still subject to those taxes if they earn enough. I think the threshold is around $400 for self-employment. The IRS Publication 929 explains all this, but it's written in classic IRS language (i.e., nearly incomprehensible).
What happens if my kid has both types of income but we elect to include it on our return? Do we still have to pay the SE taxes on their earned income?
If you include your child's income on your return using Form 8814, you can only do this for their unearned income (investments, interest, dividends, capital gains). For any earned income (like from a job or self-employment), your child must file their own return regardless. So yes, if they had self-employment income over the threshold (about $400), they would still need to file a separate return for that portion and pay the applicable SE taxes.
Does anyone know if 529 plan distributions count as unearned income for Kiddie Tax purposes? My son is using some 529 money for his senior year of high school (for qualified expenses) and also has some dividend income from a UTMA account.
Qualified 529 distributions used for educational expenses aren't counted as income at all (neither earned nor unearned), so they won't affect Kiddie Tax calculations. Only if the distribution isn't used for qualified expenses would it potentially count toward the Kiddie Tax thresholds.
From my experience, if you e-filed and are getting direct deposit, you should have your refund within 3 weeks max unless there's an issue with your return. Have you checked your tax transcript on the IRS website? That usually shows more detailed info than the Where's My Refund tool. Also, if you claimed certain credits like the Earned Income Credit, Additional Child Tax Credit, or Recovery Rebate Credit, the IRS automatically holds those returns for additional review - no matter how perfect your return is. This is for fraud prevention.
I tried to check my transcript but the IRS site keeps giving me an error when I try to create an account. Something about not being able to verify my phone number? Is there another way to check the transcript?
Yes, the IRS identity verification system can be frustrating! If you can't verify online, you can request your transcript by mail using Form 4506-T, but that obviously takes time. Another option is to call the IRS transcript request line at 800-908-9946. It's automated and separate from the main IRS line, so sometimes it's easier to get through. They can mail you a transcript, which will at least show what's happening with your return.
Does anyone know if tax refunds are coming slower this year in general? I filed on Jan 29 and still waiting while last year I got my refund in like 10 days?
I filed Feb 1st and got my refund on Feb 18th, so about 2.5 weeks. My sister filed a week before me and got hers in 12 days. I think it really depends on the complexity of your return and whether you have certain credits or deductions that trigger extra review.
Thanks for sharing your timeline! Maybe mine is just taking longer because I have a home business this year with Schedule C stuff. Guess I'll try to be more patient!
I moved to Thailand 3 years ago and yes, the US still taxes me on worldwide income. But there are some strategies that help: 1. The Foreign Earned Income Exclusion (FEIE) lets you exclude up to about $120k of EARNED income (like salary), but doesn't help with investments 2. If you live somewhere with income tax (unlike Caymans), foreign tax credits can offset what you pay to US 3. Consider tax-advantaged accounts for investments (Roth IRA, etc.) 4. Some people restructure investments to be more tax-efficient Whatever you do, don't try hiding anything. The US has info sharing agreements with most countries including tax havens.
I heard some expats are going heavy into crypto to avoid reporting but that seems super risky. Isn't the IRS cracking down on that now?
Using crypto to avoid reporting is an absolutely terrible idea. The IRS has massively increased enforcement in this area. Crypto exchanges are now required to report transactions, blockchain analytics are getting more sophisticated, and the penalties for willful non-compliance can include criminal charges. Remember that crypto transactions (including trading one crypto for another) are taxable events. The IRS considers crypto to be property, not currency, so each transaction can trigger capital gains tax. Some people mistakenly think crypto is "invisible" but that's becoming less true every year as reporting requirements expand.
I moved to Malta last year and my biggest shock was learning about the Passive Foreign Investment Company (PFIC) rules. If you invest in non-US mutual funds or ETFs while abroad, the tax treatment is BRUTAL. Seriously OP, if you're moving to Caymans, keep your investments in US-domiciled funds only. The paperwork and tax rate on foreign funds is insane - like 37% + interest on gains.
Jacob Lewis
Another thing to consider with 1099 work is that you need to figure out your own health insurance, retirement, and you don't get paid time off or sick days. When comparing offers, factor in what these benefits would cost you. For health insurance, check your state's marketplace. For retirement, look into a SEP IRA or Solo 401k - you can actually save more for retirement as a self-employed person than as an employee. The best part about being a contractor is the tax deductions. Keep track of EVERYTHING related to your work - part of your internet, phone bill, any equipment, software subscriptions, professional development courses, mileage if you drive for work, etc. It all adds up!
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Liam Brown
ā¢Thank you for mentioning health insurance - I totally forgot about that! The company did say something about a stipend for health coverage, but I should definitely calculate what that would really cost me vs. employer-provided insurance. Do you have any recommendations for tracking all those business expenses? Is it just like a spreadsheet or should I use some kind of app?
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Jacob Lewis
ā¢I started with a spreadsheet but quickly found it too tedious to maintain. Now I use an app called QuickBooks Self-Employed that lets me connect my bank accounts and credit cards, then swipe left or right to categorize transactions as business or personal. It automatically calculates my quarterly tax payments too. If you're just starting out and don't want to pay for software yet, even something as simple as taking photos of receipts and saving them to a dedicated folder can work. Just make sure you have some system in place from day one - it's much harder to reconstruct everything at tax time if you haven't been tracking throughout the year.
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Amelia Martinez
Just a heads up - make sure they're classifying you correctly! Some companies try to classify employees as 1099 contractors to avoid paying benefits and employment taxes, but there are specific IRS rules about who can legally be considered a contractor vs. employee. If they control WHEN and HOW you do the work (set hours, at their location, using their equipment, etc.), you might legally be an employee, not a contractor. Worth looking into before accepting the offer.
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Ethan Clark
ā¢This is super important advice. I got misclassified as a contractor when I was really doing employee work and ended up paying thousands in taxes I shouldn't have had to pay. The IRS has a form called SS-8 you can file if you think you're misclassified.
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