


Ask the community...
I'm confused about something else in the original post. If both you and your husband were over the income limit for Roth IRA contributions in 2021, why did you contribute directly to Roth IRAs in the first place? Wouldn't it have been simpler to just contribute to traditional IRAs and then convert? Was this intentional or did you realize you were over the limit after making the contributions?
Many people don't know exactly what their annual income will be until late in the year, especially if they get bonuses or have variable income. It's pretty common for people to contribute to Roth IRAs throughout the year and then discover at year-end that they've exceeded the income limits, requiring a recharacterization.
Exactly what the other commenter said - we contribute monthly to our IRAs throughout the year, and we didn't realize until December that a bonus and some unexpected consulting income had pushed us over the limit. By then we had already made full contributions to our Roth IRAs for the year. Honestly, we'd never had to do a backdoor Roth before, so the whole process was new to us. Next time we'll just contribute to Traditional and convert right away since our income will likely be over the limit again.
One thing nobody has mentioned is that you should check if the India-Netherlands treaty has a Limitation on Benefits (LOB) clause that might prevent treaty shopping. Some newer treaties have provisions that deny benefits if the main purpose of the structure is to get treaty benefits. Since your company is incorporated in the US but claiming Dutch treaty benefits, you'll want to make sure you have substantial business reasons for this structure beyond just the tax advantages. Otherwise, the Indian authorities might challenge your use of the Dutch treaty regardless of the tie-breaker rules.
This is a really important point. I got burned by this exact issue with a Korean subsidiary. Even though my company qualified as a UK resident under management and control rules, Korea applied their LOB provision and denied the UK treaty rate because they determined my structure was primarily for tax advantages. Cost me thousands in unexpected withholding taxes.
That's exactly the scenario I was warning about. The trend in international tax enforcement is moving strongly against structures that appear designed primarily for treaty benefits. The key factors authorities look for include: having genuine economic substance in the jurisdiction claiming treaty benefits (employees, office, equipment), a clear business purpose for the structure beyond tax savings, and decision-making that actually happens in the claimed jurisdiction. Without these elements, there's significant risk of treaty denial regardless of technical residency status.
Has anyone considered that you might actually benefit from making an election under the US check-the-box rules for the Indian subsidiary? If it's treated as a disregarded entity or partnership for US purposes, the withholding tax issue might be bypassed entirely for US purposes.
Check-the-box could create other problems though. If the Indian sub is disregarded for US purposes but remains a corporation for Dutch and Indian purposes, you might create a hybrid entity mismatch that could trigger anti-hybrid rules in the Netherlands. The Dutch implemented ATAD2 which specifically targets these arrangements.
Just a quick tip - make sure you're looking at Form 8880 (Credit for Qualified Retirement Savings Contributions) when you file. This is where you'll calculate your Savers Credit. I missed this form my first time around and lost out on about $400 in tax credits!
Thanks for the tip! Will I need any specific documentation from Fidelity if I make this IRA contribution now for last year? And should I reduce the contribution amount since we'll only get 10% back?
You don't need any special documentation from Fidelity for your tax return. When you make the contribution, just make sure you specify it's for the 2023 tax year. Fidelity will eventually send a Form 5498, but that usually comes after the tax filing deadline and isn't needed to claim the credit. As for reducing the contribution amount, I'd still recommend contributing the full amount to reach $2,000 total. Even though you're only getting 10% back as a direct credit ($200), remember that traditional IRA contributions also reduce your taxable income. So you're getting both the $200 credit AND the tax deduction on your contribution, which at your income level could save you another 22% or so in taxes on that money.
Has anyone else had to amend their return to claim this credit after realizing they missed it? I'm in that boat right now and wondering if it's worth the hassle for the 10% credit.
I amended last year for exactly this reason! It was a bit of paperwork but totally worth it in my case. Got back about $280 between the credit and the deduction on a $1,400 contribution. Just filed Form 1040-X with the corrected info and Form 8880 for the credit.
Thanks for sharing your experience! $280 back on $1,400 is pretty good. I think I'm gonna go ahead with the amendment. I hate leaving money on the table, even if it's just a couple hundred bucks.
Make sure you also check your Social Security statement to see if someone is reporting wages under your SSN! I had a similar 1099-K issue that turned out to be part of a larger identity theft. The thieves had also gotten jobs using my SSN. You can check this online by creating an account at ssa.gov. If you see any earnings you don't recognize, report it immediately!
How far back should you check your SSA records? Just the current year or should you go back several years to be safe?
You should definitely check at least the past three years. Identity thieves sometimes start small to see if you notice before ramping up their activity. In my case, they had actually used my information for almost two years before I caught it. Also, while you're on the SSA website, set up account notifications so you'll be alerted to any future changes or activity. This way you'll know immediately if someone tries to use your SSN for employment again.
Has anyone dealt with getting a 1099-K from PayPal where some of the transactions were legitimate but the total amount was way off? My situation is slightly different - I do have a PayPal account, but my 1099-K shows about $9k more than I actually received last year.
This happened to me! In my case, PayPal had counted some transactions twice. Also, they were counting the full amount of money that moved through my account, including stuff that wasn't income (like when friends reimbursed me for group purchases). You need to contact PayPal tax department specifically, not just regular customer service, and request a corrected form.
Michael Green
If you don't want to deal with the stress of figuring out the right software, you can also check your local library! Many libraries partner with VITA (Volunteer Income Tax Assistance) and offer totally free tax prep help for simple returns. They can help with prior year returns too. My sister used them last year for her 2021 and 2022 taxes and said they were super helpful.
0 coins
Ryan Kim
ā¢Do you know if VITA can handle returns from 2022? And would they help even now since it's not tax season? I'd definitely prefer having someone knowledgeable walk me through it step by step.
0 coins
Michael Green
ā¢VITA can definitely handle 2022 returns. While many VITA sites operate primarily during the regular tax season (January through April), some locations offer year-round assistance specifically for prior year returns. Your best bet is to call your local library or search for "VITA tax sites" in your area to check availability. Even outside regular tax season, many VITA volunteers are willing to help with prior year returns because they understand situations like yours are common. Just be sure to bring all your documents (W-2s, identification, social security card) when you go. The service is completely free for basic returns, and they're specifically trained to help people who are filing for the first time or have simple tax situations.
0 coins
Mateo Silva
Has anyone tried Credit Karma Tax for back filing? I heard they got bought by Cash App but still offer free filing??
0 coins
Victoria Jones
ā¢Cash App Taxes (formerly Credit Karma Tax) is completely free for federal and state returns, but there's a catch for prior year returns. They typically only support the current tax year and maybe the year before. For 2022 returns in 2025, you'll probably need to use one of the IRS Free File options instead.
0 coins