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Something everyone's missing - you should check if you can get your wage info from the Social Security Administration! They get wage reports from employers throughout the year. Create an account at ssa.gov and look at your earnings record. You might be able to see what was reported for last year. Also, if you know roughly what you made and what was withheld (from paystubs or bank deposits), you can estimate. The IRS is generally understanding in situations like this where the employer failed you. Document EVERYTHING though, especially your attempts to get the W-2.
Thank you so much for this suggestion! I didn't know the SSA would have that information. Do they show the tax withholding amounts too or just the total income? And how quickly does that information get updated?
The SSA only shows your total earnings, not the withholding amounts. So it will help confirm your income, but you'll still need to estimate your federal and state tax withholding from the pay stubs you have. It typically gets updated a few months after the end of each quarter, so there might be some lag. But it's a good way to verify your total earnings when you don't have complete records. Even partial confirmation is better than nothing when you're filing a substitute W-2 form.
can't u just get the transcript from irs directly? go to irs.gov and make an account and request ur wage & income transcript. it has all the info from w2 and most 1099s submitted under ur SSN. i've used this before when my employer messed up.
This is definitely an option, but there can be a significant delay. W-2s aren't required to be filed with the IRS until January 31st, and then it takes time for them to be processed and appear in your transcript. If the company closed and never filed them at all (which sounds possible in OP's case), they won't show up at all.
Have you looked into whether your Dutch investments might qualify for treaty benefits? The US-Netherlands tax treaty has some provisions that could help. For example, certain Dutch investment products might qualify for special treatment that effectively eliminates double taxation. Also check if you qualify for the Foreign Earned Income Exclusion (Form 2555) as an alternative to the Foreign Tax Credit route. Sometimes that's simpler and might give you a better outcome depending on your specific situation.
Thanks for mentioning the treaty! I'll look into that. Regarding the FEIE, my accountant originally suggested using Foreign Tax Credits instead because the Dutch tax rates are higher than US rates, so I'd potentially get more benefit from the credits. Does that sound right, or should I reconsider using the FEIE?
Your accountant's reasoning about FTC vs FEIE is generally sound. When foreign tax rates are higher than US rates, the Foreign Tax Credit usually provides better results since it directly offsets your US tax liability dollar-for-dollar and can generate excess credits to carry forward. However, there's a potential hybrid approach worth considering: use the FEIE for your employment income and then use FTC for your investment income. This sometimes creates a more favorable tax situation, especially when dealing with the basketing limitations. The key advantage is that by excluding your earned income entirely from US taxation with the FEIE, the remaining investment income might fall into lower tax brackets, potentially reducing your overall US tax liability.
Has anyone successfully used the Streamlined Foreign Offshore Procedures while dealing with this Form 1116 basketing issue? I'm also a dual citizen (US/German) with a similar situation, and I'm worried about making mistakes that might invalidate my streamlined submission.
Yes, I completed streamlined last year with this exact issue. The key is to be consistent across all three tax years you're filing. Make sure your approach to categorizing income in the different baskets follows the same methodology for each year. In my certification statement (Form 14653), I specifically mentioned that I was uncertain about certain aspects of Form 1116 basketing but had made good faith efforts to comply based on my understanding of the rules. The IRS accepted my submission without any questions.
This exact thing happened to me! Here's what you need to do - in your tax software, you need to go back and make sure you're indicating that your Traditional IRA contribution is NON-DEDUCTIBLE. Most software has a specific question about this. If you don't mark it as non-deductible, the software assumes it's deductible, and then logically taxes you when you convert to Roth (since you'd be moving pre-tax money to a post-tax account). The key sequence matters too: 1. Enter Traditional IRA contribution 2. Mark it as NON-DEDUCTIBLE 3. Enter the Roth conversion If you do these in the wrong order in some software, it can mess up the 8606. I've been doing Backdoor Roth for 7 years and had this issue once when I switched tax software.
Thank you for the specific steps! This makes a lot of sense. I checked my tax software again and I think I discovered the issue - there's a specific question about "Do you qualify to deduct your IRA contributions?" that I must have answered incorrectly. Previous years I knew to say "No" but this year with the job change and severance, I might have clicked "Yes" by mistake. I'll try redoing those steps in the correct order. Would it also make sense to just delete all my IRA entries and start fresh with these steps in mind?
Yes, I'd recommend deleting all the IRA-related entries and starting fresh. That's the cleanest approach. Some tax software doesn't handle corrections well when it comes to the 8606 form. When you restart, just follow those steps in order. The key is definitely that "Do you qualify to deduct" question - that's the exact one that determines how the software handles everything downstream. Always answer "No" for a backdoor Roth strategy since the whole point is you're over the income limits for deductible contributions. And don't worry about the severance - it's just regular income. It doesn't change how backdoor Roth contributions work. The W-2 Box 13 check is typically for retirement plan participation at that employer, which is separate from your individual IRA strategy.
Has anyone else noticed that Backdoor Roth reporting seems to be getting more scrutiny from the IRS lately? I did mine the same way for years but got a letter asking for clarification on my 2022 return. Make absolutely sure your 8606 is filled out correctly.
I haven't heard about increased scrutiny, but I can tell you that reporting Backdoor Roth incorrectly is definitely a red flag. When your 1099-R shows a distribution (the conversion) but there's no corresponding basis tracking on Form 8606, it creates a mismatch that their systems can easily detect.
I work in payroll for a university system! Here's what's happening behind the scenes: Each college probably has its own payroll department that processes your specific paychecks, but they all report up to the central university system which has a single Employer Identification Number (EIN). That's why you get separate paystubs but one W2. For tax purposes, the entity with the EIN is your employer - not the individual colleges. So definitely treat it as one employer on your W4. The withholding calculations should be based on your total income from all sources within that system.
This is so helpful! Quick question - what if the pay schedules are different? I teach at one college that pays monthly and another that pays biweekly in the same system. Does that mess up the withholding calculations?
Different pay schedules shouldn't mess up your annual withholding in the end, but it can cause some variation in how much is taken from each paycheck. The withholding system is designed to estimate your annual tax based on the frequency of your pay periods. When you have different schedules, each payroll system is making its own calculation based on that specific payment. The good news is that it all reconciles at the end of the year on your W2. If you want your withholding to be more consistent, you can use the "extra withholding" line on your W4 to specify an additional amount to withhold from one of your paychecks to make up any difference.
Wait I'm in the exact opposite situation - I teach at campuses in two DIFFERENT university systems. So I get two W2s at the end of the year. Should I be checking the multiple employers box? I've been treating them as one job on my W4 š¬
Giovanni Greco
Just to add some practical advice to this thread - make sure you're using the right forms for your situation. You'll need Schedule C for the business losses, Form 4684 for casualty losses, and Form 5329 for the early distribution from your retirement account. Also, consider if you had this organized as a sole proprietorship or if you set up an LLC/corporation, as that affects how you'll report everything.
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Fatima Al-Farsi
ā¢Would it be better to file as a Schedule C business loss or just take the casualty loss directly? Does it make a difference tax-wise? I'm in a sorta similar situation with my small side business.
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Giovanni Greco
ā¢You'll definitely want to file Schedule C to report all your business income and expenses, including the equipment that was destroyed. The casualty loss is reported on Form 4684, but since these were business assets, the loss ultimately flows to your Schedule C. Filing the business loss on Schedule C is generally more advantageous than taking a personal casualty loss because personal casualty losses are highly restricted under current tax law (only federally declared disasters qualify). Business casualty losses don't have these same limitations and can offset your other income.
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Dylan Wright
Has anyone dealt with a similar situation where the business never actually generated any income before the disaster? I've heard the IRS might consider it a hobby rather than a business if you never made any money. Would that change how these losses can be deducted?
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Sofia Torres
ā¢The key difference between a hobby and a business isn't whether you made money yet, but whether you had a reasonable expectation of making a profit and were operating it in a businesslike manner. Plenty of legitimate businesses have losses in their first year or even several years.
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