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Ask the community...

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Eli Wang

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You should pull your tax transcripts ASAP. That will show the actual assessment date and collection statute expiration date (CSED). You can get them online at IRS.gov if you create an account, or use Form 4506-T if you can't create an online account. Look for "collection statute date" or something similar on the transcript. The transcript will also show if the debt was ever paid, discharged, or is still active. The IRS data system is pretty good about tracking these dates accurately, including adjustments for bankruptcy.

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Olivia Evans

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I tried logging into the IRS website but I'm locked out because I don't have the right documents they need to verify my identity. Is there any other way to get transcripts without waiting for the mail?

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Eli Wang

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If you're having trouble with the online account, you can also call the IRS transcript request line at 800-908-9946 to have them mailed, which is faster than using Form 4506-T. They typically arrive within 5-10 business days. Another option is to make an appointment at your local Taxpayer Assistance Center where they can print your transcripts on the spot. You'll need to bring ID, but it's a way to get them immediately without dealing with the online verification issues.

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My dad had a similar situation with a 2008 tax bill that resurfaced in 2021. What we discovered is that the IRS had made an additional assessment in 2014 (some adjustment to his return), which reset the 10-year clock! So even though the original assessment was old, this new assessment gave them more time. Check your transcripts carefully for any subsequent assessments that might have extended the timeframe.

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That's a really important point! Any adjustments or additional assessments can start a new collection statute for those specific amounts. I've seen people get surprised by this too.

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Yeah it was a complete shock to us! The IRS had disallowed a deduction years after the return was filed and assessed additional tax. Even though it was a small amount (like $840), it created a new 10-year collection period for that portion. And they were definitely still trying to collect it.

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Just to add some clarification since there's confusion in this thread. The April 15 deadline is for when you need to REQUEST the removal of excess deferrals - not when it needs to be processed by. If you document your attempt to request it before April 15 (emails, calls, etc), you've met the deadline even if the actual processing happens later. The IRS understands that plan administrators might not process these immediately. What matters is that you initiated the request before the deadline. Keep all documentation of your attempts to contact them. Also, the tax consequences aren't as bad as many fear. The excess amount will be returned to you along with earnings, and while you'll pay taxes on the earnings in the year received, you won't be double-taxed on the principal amount.

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ThunderBolt7

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What exactly happens if you miss the deadline completely? Does the IRS automatically find out and penalize you, or is it something that only comes up if you get audited? Asking for a friend who may have missed this deadline last year...

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If the excess contributions aren't removed by the deadline, they unfortunately remain in the plan and yes, they can be double-taxed. The excess amount will still be included in your taxable income for the year you made the contribution, and then it will be taxed again when you eventually withdraw it in retirement. There's no immediate penalty per se, but the double taxation is the real cost. The IRS doesn't automatically flag this - it would typically only come up during an audit. However, many plan administrators now report contribution limits to the IRS, so it's becoming more likely to be caught. Your friend should consult with a tax professional about their specific situation as there might be some remediation options depending on their circumstances.

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Quick tip that saved me when I was in this situation - if you have Traditional (pre-tax) contributions that put you over the limit, you might be able to redesignate them as after-tax contributions rather than taking a distribution. Some plans allow this and it can be easier than processing a refund. Ask about "recharacterization" when you talk to your plan admins. Also, make sure you check if you're eligible for catch-up contributions if you're over 50 - that gives you an extra $7,500 contribution room for 2025, which might reduce your excess amount.

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Mei Chen

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This is actually incorrect advice that could cause more problems. You can't simply "redesignate" excess 401k contributions as after-tax contributions. The 401k contribution limit applies to the total of traditional and Roth contributions combined. After-tax contributions (non-Roth) are different and subject to the overall annual addition limit, not the employee deferral limit. What you might be thinking of is excess IRA contributions, which can sometimes be recharacterized, but 401k excess deferrals must be distributed with earnings.

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You're right and I misspoke. I was confusing 401k with IRA recharacterization options. For 401ks, distribution of the excess is generally the only option. Thanks for the correction! What I should have mentioned is that some 401k plans do have after-tax contribution options (separate from Roth) which have different limits, but that wouldn't help with excess contributions to the regular pre-tax/Roth portion that's subject to the $23,000 limit for 2025.

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As someone who's worked in payroll compliance for 15 years, I'd recommend documenting everything immediately. Send an email to both your manager and the payroll company expressing your concerns about the W-4 exemption claim at that salary level. Request written clarification on company policy regarding potentially invalid W-4s. This creates a paper trail showing you raised concerns appropriately. If the operations manager pushes back, suggest having your tax professional or payroll provider give a second opinion on whether the exemption claim appears valid. The IRS specifically states that someone making $75K almost certainly has tax liability unless they have massive deductions.

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Vince Eh

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Thanks for this advice. What specifically should I include in this documentation? Should I mention my suspicion that he hasn't filed taxes, or just stick to the facts about the W-4 exemption not seeming appropriate for someone at his income level?

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Stick strictly to the facts and avoid speculation about his tax filing history or intentions. Your documentation should focus only on what you directly observe: that an employee making approximately $75,000 has claimed complete exemption from federal tax withholding, which appears unusual and potentially concerning from a compliance perspective. Phrase your concerns as questions rather than accusations. For example: "I noticed our operations manager has claimed exemption from all federal withholding despite having a salary of $75K. Given this income level, I want to confirm this is being handled correctly and that we're following proper procedures for verifying unusual W-4 claims.

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Has anyone looked at the "lock-in letter" process? My company went through this last year with an employee who kept claiming excessive exemptions. Eventually the IRS sent us a lock-in letter that specified exactly what withholding rate to use regardless of what the employee put on their W-4. Might be worth checking if your company has already received something like this for this employee. The IRS sends these when they notice patterns of underwithholding. They basically override whatever is on the W-4.

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Melissa Lin

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That's a good point! The lock-in letter process shows the IRS definitely monitors these situations. My brother works in HR and said they received one for an employee who had claimed exempt for 3 years while making over 100k. The IRS specified exactly what withholding to use and they weren't allowed to change it without IRS approval.

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Serene Snow

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Has anyone tried just using the numbers from their last paystub and filling out the substitute W-2 form (Form 4852)? I'm in this exact situation - my employer shut down their whole operation in November and literally no one is responding to emails. My tax guy says I can use my last paystub to fill in all the numbers, but I'm worried about accuracy since some of my deductions were weird toward the end (they started taking out different health insurance amounts when they were having financial problems).

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I did this last year when my W-2 never showed up. Used my December paystub and filled out Form 4852. It worked fine but I had to file a paper return which took FOREVER to process. Got my refund like 5 months later. Also make sure your YTD (year to date) numbers are actually for the full year. My paystub reset the YTD fields in July for some weird reason so I had to add two numbers together. Check if you have an earlier paystub to compare.

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Serene Snow

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Thanks for the info. I do have all my paystubs thankfully, so I can check the YTD totals. Did you just attach the 4852 form to your regular return? And did the IRS ever question any of your numbers or was it all accepted as submitted?

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For anyone dealing with this issue in the future - the IRS usually gets W-2 information from employers by late March even if the business closed. The transcript might not be immediately available online, but an IRS rep can often see it in their system before you can. Also worth knowing that if you absolutely can't get the info and must estimate, make your best guess using your final paystub and file on time. If you find out later that your numbers were wrong, you can always file an amended return. Better to file on time with estimates than miss the deadline completely!

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Quick question - if I end up filing with Form 4852 and estimated numbers, and later the actual W-2 data shows up in the IRS system with slightly different amounts, will I definitely need to amend? Or is there some threshold where small differences don't matter?

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StarSurfer

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Just want to add - don't rush to file the moment the IRS opens if you're expecting forms other than your W-2! I made that mistake last year and had to file an amended return because my 1099-INT from my bank came late. Also, if you had any foreign accounts or investments before moving to the US, you might need to file a FBAR form (Report of Foreign Bank and Financial Accounts) separately from your tax return if the total value was over $10,000 at any point during the year. That deadline is actually different from the regular tax deadline.

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Oh wait, I do still have a savings account back in Canada with about $15,000 CAD in it. I had no idea I needed to report that! Is that going to cause problems? And does that mean I can't file early?

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StarSurfer

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You definitely need to file an FBAR for that account since it exceeds $10,000. It's not part of your tax return though - it's filed separately through FinCEN (Financial Crimes Enforcement Network). Don't panic! It's just an information reporting requirement, not a tax. You can still file your regular tax return early, and the FBAR is due April 15th with an automatic extension to October 15th. Make sure you also report any interest earned on that Canadian account on your US tax return (Schedule B). The fact that you're asking about this now is good - it's much better to handle it correctly from the start rather than having to fix it later!

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Has anyone used the IRS Free File program as a first-time resident? I heard there are income limits but I'm not sure if residency status affects eligibility?

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I used IRS Free File last year as a new resident (moved from Australia). As long as you meet the income requirements (under $73,000 for most programs), your residency status doesn't affect eligibility. They'll ask questions about when you became a resident, but the free software handles it just fine!

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