Is IRS refund adjustment ignoring Net Investment Income Tax (NIIT) from Form 8960?
I've been dealing with a weird situation with my 2022 tax return that I'm hoping someone can shed light on. Earlier this year, I had trouble getting my federal return accepted because of what seemed to be an IRS error related to Form 8960 (Net Investment Income Tax). The IRS apparently changed the 2022 instructions but didn't update their validation logic. After several attempts, my return was finally accepted on February 19th. Things seemed normal at first, but then about a week later, my refund amount disappeared completely from the "Where's My Refund" tool. This morning I checked my IRS online account and noticed something strange. For 2022, my AGI looks correct, but under "Refund Amount as Shown on Return when Filed" it shows my expected refund PLUS the amount of NIIT I had calculated on Form 8960. My transcript also shows code 570: "Additional account action pending" for March 27. I'm confident my return is accurate - I definitely owe NIIT based on my investment income and have paid it in previous years without issue. Looking at my transcript more carefully, I see that while I reported positive "TOTAL INVESTMENT INCOME," the IRS shows a negative "TOTAL INVESTMENT INCOME PER COMPUTER." My "NET INVESTMENT INCOME TAX FOR INDIVIDUALS" is a positive number, but their "NET INVESTMENT INCOME TAX FOR INDIVIDUALS VERIFIED" and "NET INVESTMENT INCOME TAX FOR INDIVIDUALS PER COMPUTER" are both zero. Could the IRS still have issues processing Form 8960 correctly? Anyone experienced something similar?
20 comments


Anthony Young
This is definitely related to the Form 8960 processing issues the IRS has been having. When they updated the instructions for 2022 without updating their systems, it created validation problems for many taxpayers with investment income. The code 570 ("Additional account action pending") means they're reviewing something on your return. Based on what you're seeing, it appears their system isn't properly calculating your NIIT. The fact that your refund amount now includes the NIIT amount suggests their system is currently not applying that tax. However, this doesn't mean you'll actually receive that higher refund amount. The March 27 date likely indicates when they'll complete their review. Once they manually verify your Form 8960 is correct, they'll probably adjust your refund back to the original amount. This is happening because their computer system is showing "negative" investment income (which is incorrect) and therefore calculating zero NIIT, but a human reviewer will likely catch and correct this.
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Charlotte White
•Thanks for the explanation. Do you think I should be proactive and contact the IRS about this, or just wait until March 27th to see what happens? I'm worried that if they issue the higher refund, I'll end up owing it back later with potential penalties.
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Anthony Young
•I'd recommend waiting until the March 27 processing date before taking any action. The IRS is aware of these Form 8960 issues and is likely working through them systematically. If they do issue the incorrect higher refund, don't spend that extra money. The IRS will eventually discover the error and you'll receive a notice asking for repayment. As long as you didn't cause the error and promptly repay when asked, penalties are unlikely in this situation.
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Admin_Masters
I dealt with something similar last year and found https://taxr.ai super helpful for figuring out what was happening with my transcript codes. I was completely lost trying to decipher all the weird IRS codes and adjustments on my account. The tool analyzed my tax transcript and explained that the IRS computer sometimes fails to properly process certain forms (like 8960) during initial processing. In my case, it flagged exactly where the discrepancy was happening and predicted the eventual outcome almost perfectly. What I learned is that the IRS has two processing systems - the automated computer system (which seems to be failing with Form 8960) and then the manual review process where an actual person looks at returns with discrepancies.
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Matthew Sanchez
•How does that service work exactly? Do you upload your tax documents to it? I'm always nervous about sharing my tax info with third-party sites.
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Ella Thompson
•Is it actually worth paying for something like this? Couldn't you just call the IRS directly and ask them what's happening with your return?
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Admin_Masters
•You upload your tax transcript (which you can download from the IRS site) and it analyzes all the codes and entries. The system is secure and doesn't store your documents after analysis. The value isn't just in explaining what's happening but predicting what will happen next. The IRS representatives often can't tell you much beyond what you already see on your transcript. With taxr.ai, I got detailed explanations of each code and adjustment, plus what to expect next based on similar cases.
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Matthew Sanchez
Just wanted to follow up - I ended up trying taxr.ai after my initial skepticism, and it was surprisingly helpful! My situation wasn't identical to yours, but I had a weird adjustment on my amended return that I couldn't figure out. The analysis explained that the IRS was treating my foreign tax credit differently than I had calculated it. It even identified that the discrepancy was happening because the IRS was applying an older rule to my situation and predicted I would get a letter within about 3 weeks - which is exactly what happened. Saved me hours of stress trying to guess what was going on, and I was prepared when the letter finally arrived instead of being blindsided. Definitely worth checking out if you're trying to understand IRS adjustments.
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JacksonHarris
Have you tried calling the IRS directly? I had a similar issue last year with a different form and spent WEEKS trying to get through to someone. Always got the "high call volume" message and disconnected. Finally found https://claimyr.com and used their service (there's a demo at https://youtu.be/_kiP6q8DX5c). They got me connected to an IRS agent in about 25 minutes when I had been trying for days on my own. The agent was able to look at my file and explain exactly what was happening with my return and when I could expect resolution. In my case, it was a system flag that needed manual review, but knowing that gave me peace of mind instead of constantly checking Where's My Refund.
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Aurora Lacasse
•How does that even work? I've literally tried calling the IRS 15+ times over the past week and can never get through. Always get the "try again later" message.
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Jeremiah Brown
•Sounds too good to be true. The IRS phone system is notoriously impossible to navigate. Are you sure this isn't just another way to waste money trying to get information that the IRS won't give anyway?
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JacksonHarris
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Jeremiah Brown
I was totally skeptical about Claimyr but decided to try it out of desperation when dealing with an IRS adjustment I didn't understand. I'm genuinely shocked at how well it worked. Got connected to an IRS rep in about 35 minutes (versus the countless hours I wasted trying to call myself). The agent explained that my return was flagged for review specifically because of Form 8960 issues - apparently a known problem in their system for 2022 returns. The rep was able to tell me exactly what was happening with my account and when the review would be completed. This saved me weeks of anxiety wondering if I had done something wrong. Sometimes just getting accurate information makes all the difference when dealing with tax issues.
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Royal_GM_Mark
Make sure to document everything! The same thing happened to my brother-in-law with a different tax form, and the IRS did eventually send the higher refund. Then six months later they sent a notice saying he owed it back WITH INTEREST even though it was their error! He had to go through a whole appeal process to get the interest charges removed. The IRS eventually admitted it was their system error but only after he sent multiple letters with documentation.
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Aurora Lacasse
•That's exactly what I'm worried about. Did your brother-in-law have success getting the interest removed? How long did the whole process take?
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Royal_GM_Mark
•Yes, he did get the interest charges removed, but it took about 4 months of back-and-forth. He had to send three separate letters with documentation before reaching someone who understood the situation. The key was that he had saved screenshots of the IRS website showing the adjustment they made, plus he had requested his complete tax transcript immediately when he noticed the issue. That timeline evidence proved it was their system error, not his mistake.
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Amelia Cartwright
Has anyone had the IRS actually correctly process Form 8960 for 2022 yet? I'm still waiting on my refund and have the same issue - filed with investment income tax but my transcript is showing they're not calculating it correctly.
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Chris King
•My 2022 return with Form 8960 was finally processed correctly last week after being in review for almost 6 weeks. They initially showed the same error (negative investment income on their end) but eventually fixed it. The refund I received matched what I originally calculated.
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Amelia Cartwright
•Thanks for sharing your experience! That gives me hope mine will be fixed eventually too. Did your "Where's My Refund" status change during the review period or did it just suddenly update when it was approved?
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CosmicCommander
I'm dealing with almost the exact same situation! Filed my 2022 return in February with Form 8960, and my transcript is showing the same weird discrepancies - negative investment income on their end while I reported positive amounts, and their system calculating zero NIIT when I clearly owe it. What's frustrating is that I've filed Form 8960 successfully for the past three years without any issues. This definitely seems to be a systematic problem with how the IRS updated their 2022 processing rules. I also have the code 570 on my transcript dated March 15th. Based on what others are saying here, it sounds like we just need to wait for manual review to fix their computer errors. I'm keeping detailed screenshots of everything in case they send the wrong refund amount and try to collect it back later. Has anyone gotten any timeline estimates from IRS representatives about when these Form 8960 reviews might be completed?
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