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Sofia Torres

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Quick question for anyone who has dealt with this - if I fix an HSA over-contribution this year for last year's taxes, how does it affect this year's HSA contribution limit? Can I still contribute the full amount for this year or do I need to reduce it somehow?

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Removing excess contributions from a previous year doesn't affect your current year's contribution limit. You can still contribute up to the full annual limit for the current year ($4,150 for individual or $8,300 for family in 2025). The correction is separate from your current year's activity.

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I've been through this exact situation! Made the same mistake on my sister's return where I entered the full family HSA contribution limit without realizing she only had family coverage for 8 months of the year. Here's what we did to fix it: First, we calculated her correct prorated limit (8/12 Ɨ $7,750 = $5,167 for 2023). Then we contacted her HSA administrator to request a "return of excess contributions" for the difference plus any earnings on that amount. The key thing is to act fast even though you're past the penalty-free deadline. Yes, she'll likely owe the 6% excise tax on Form 5329 for 2023 (and potentially 2024 if it hasn't been corrected yet), but removing the excess now prevents future years of penalties. We filed Form 1040X with the corrected Form 8889 showing the proper contribution amount. The HSA administrator sent a 1099-SA for the returned excess, which we had to report carefully to avoid double taxation. Don't beat yourself up too much - HSA contribution limits with partial year coverage are tricky and this mistake is more common than you'd think. Your friend will be fine once you get it sorted out!

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This is really helpful, thank you for sharing your experience! I'm actually in a similar boat - just discovered I made an HSA over-contribution error on my mom's taxes from 2023. She had family coverage that ended in September when she switched jobs, but I used the full annual limit. One question about the process you described: when your sister's HSA administrator calculated the earnings on the excess contribution, how long did that take? I'm worried about timing since we're already in July and I want to minimize the excise tax periods. Also, did you have to provide any specific documentation to prove the coverage dates, or did they just take your word for it when filing the amended return? I'm feeling pretty stressed about potentially owing penalties for multiple years, but your post gives me hope that this is fixable!

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Emma Davis

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Dont worry too much about the deadline. I had the same panic when I missed mine by almost 3 weeks because I was in the hospital. Just make sure you have PROOF of your cost basis - like statements from your broker showing what you paid for the stocks. The IRS system often doesn't get this data electronically from brokers which is why these CP2000s for stock sales are so common.

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GalaxyGlider

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What's the best way to organize all the cost basis documentation? My broker statements are a mess and I have like 30+ transactions they're questioning.

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For 30+ transactions, I'd recommend creating a simple spreadsheet with columns for: Date Sold, Stock Symbol, Shares Sold, Sale Price (from 1099-B), Cost Basis (from your records), and Gain/Loss. Then attach copies of your broker statements showing the original purchase dates and prices. The key is making it easy for the IRS agent to see exactly what you paid versus what they think you paid (which is usually $0 cost basis). Number each transaction and reference those numbers in your cover letter explaining the discrepancy. I did something similar and it made the whole process much smoother.

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I went through almost the exact same situation last year! Missed my CP2000 deadline by about 2 weeks because I was traveling for work. The stress was unreal, but it worked out fine in the end. Here's what I learned: the IRS is actually pretty reasonable about late responses to CP2000 notices, especially when you have a legitimate reason and good documentation. The key is to act fast now that you're aware of it. I'd suggest preparing your response immediately with all your stock sale records showing the correct cost basis. Include a brief cover letter explaining you were out of town and are responding as soon as possible after discovering the notice. Send everything via certified mail so you have proof of delivery. Don't panic about the $54k - that's almost certainly because they're assuming zero cost basis on your stock sales. Once they see your actual purchase prices and dates, that number should drop dramatically. I had a similar situation where the IRS thought I owed $38k but the actual amount after providing cost basis documentation was only about $2,800. The most important thing is getting your response in the mail ASAP. You can still call them later if needed, but don't let trying to reach them by phone delay your written response.

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I'm actually a real estate agent who does occasional flips. My tax guy always has me separate my activities: 1. Agent income (Schedule C) 2. Flips as dealer (Schedule C if I do more than 2-3 per year or hold less than 12 months) 3. Flips as investor (Schedule D if it's occasional and I hold longer) 4. Rentals (Schedule E) The biggest mistake I see people make is being inconsistent from year to year without documenting why their activity changed. If you're going to switch between investor/dealer treatment, make sure you can justify the different treatment based on the specific facts of each property!

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Emma Morales

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This is super helpful! Do you report your mileage differently depending on which hat you're wearing (agent vs flipper)? I've been tracking everything as one big category and now I'm worried I'm doing it wrong.

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Yes, I absolutely track mileage separately for each activity! For agent work, I deduct mileage on Schedule C as a business expense. For properties I'm treating as investments, I add the mileage costs to the property's cost basis (can't deduct it separately). For dealer flips, it goes on Schedule C as well. The key is keeping detailed records showing the purpose of each trip - was it for agent business (showing properties to clients), investment property management (checking on renovation progress), or dealer activity (meeting contractors for a flip)? I use a mileage app that lets me categorize each trip as I make it. Without good documentation, the IRS could disallow the deductions entirely if they audit you.

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Nia Jackson

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Great question! I went through this same confusion on my first flip. The 14-month holding period definitely works in your favor for investor classification. One thing that really helped me was creating a detailed contemporaneous log of my intent when I purchased the property. Did you buy it with the intention to flip quickly, or were you open to holding it longer if the market wasn't right? The IRS loves documentation showing your investment intent rather than dealer intent. Since you've been tracking everything meticulously, make sure you're categorizing expenses properly. Things like acquisition costs, renovation materials, permits, and even your mileage to check on the property should all be added to your cost basis if you're classified as an investor. Don't expense them on Schedule C unless you're definitively a dealer. For a one-time flip held over a year, you're almost certainly going to be treated as an investor. Just make sure when you file that you use Schedule D for the capital gain and include all those tracked expenses in your cost basis calculation. The long-term capital gains treatment will be much more favorable than ordinary income rates!

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Lilah Brooks

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This is really solid advice! The contemporaneous log idea is brilliant - I wish I had thought to document my intent from the beginning. Since I'm already 14 months in, is it too late to create that documentation? Or should I focus on other ways to support investor classification? Also, when you say "acquisition costs" - does that include things like inspection fees, appraisal costs, and loan origination fees? I've been tracking those separately and wasn't sure if they counted toward cost basis.

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Niko Ramsey

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Has anyone considered the option of an intra-family mortgage instead? My brother loaned me $175k to buy my house and we used a service to create a legally binding mortgage with him as the lender. I got a lower rate than the bank offered, he got better returns than his savings account, and everything is properly documented for tax purposes. The advantage is that everything is clearly aboveboard with the IRS since it's structured as a traditional mortgage, just with a family member as the lender. I can even deduct the mortgage interest I pay him, and he reports the interest as income. Might be cleaner than the HELOC arrangement.

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Did you need a lawyer to set this up or did you use some online service? I've been thinking about doing something similar with my parents but wasn't sure about the documentation needed.

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One thing to keep in mind is that if your parents take out a HELOC or mortgage in their names but you're making the payments, you'll want to make sure the loan agreement doesn't prohibit this arrangement. Some lenders have clauses about the borrower being the actual user of funds. Also, consider the liability aspect - if something happens and you can't make the payments, your parents are still legally responsible for the debt. This could put their home at risk. You might want to explore getting life insurance or disability insurance to protect them in case you become unable to pay. From a practical standpoint, you'll need to set up a system where you can reliably make the payments directly to the lender or reimburse your parents immediately. Any delays could affect their credit score since they're the official borrowers. Having a separate account dedicated to these payments might help keep everything organized and documented for tax purposes.

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Kayla Morgan

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This is such an important point that I think a lot of people overlook! The liability issue especially concerns me - if your parents' home becomes collateral and something unexpected happens to your income, they could literally lose their house. Have you looked into whether there are specific insurance products designed for this type of family lending arrangement? I'm wondering if a term life policy with them as beneficiaries would be sufficient, or if there are other protections worth considering. Also, regarding the separate account idea - would it be better to have the payments automatically drafted from your account directly to the lender, or does having your parents make the payment and you reimburse them provide better documentation for the IRS?

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I'm new to this community but went through almost exactly what you're describing last year. I had a $28,000 critical illness payout from my employer plan where I paid premiums through pre-tax payroll deduction, and initially got the same incorrect advice from a different tax preparation service. After reading through all the responses here, I want to add one more resource that really helped me get clarity. I ended up calling the insurance company directly and asking them about the tax treatment. While they can't give tax advice, they were able to confirm that my premiums were indeed paid with pre-tax dollars and that they typically don't issue 1099 forms for critical illness benefits because the taxability depends on the premium payment method. The customer service rep also mentioned that this is one of the most common questions they get during tax season, which suggests a lot of people are getting conflicting advice from tax preparers who don't understand these specialized insurance products. What really convinced me to report it as taxable income was thinking about it from the IRS perspective: if they let everyone claim tax-free benefits on insurance paid with pre-tax dollars, it would essentially be a massive tax loophole. The government isn't going to give you both a tax break on the premiums AND tax-free benefits. I ended up owing about $7,000 in additional taxes, but the peace of mind knowing I reported everything correctly was worth it. Don't let H&R Block pressure you into filing incorrectly - get that second opinion and protect yourself from potential audit issues down the road.

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Chloe Green

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Welcome to the community! Your experience really reinforces what everyone else has been saying about the importance of getting multiple perspectives on this issue. The idea of calling the insurance company directly is brilliant - I hadn't thought of that approach, but it makes total sense to get confirmation about how the premiums were handled straight from the source. Your point about this being a common question during tax season is really telling. It suggests that there's widespread confusion among tax preparers about these specialized insurance products, which explains why so many people are getting incorrect advice from chain services like H&R Block. The "tax loophole" perspective you mentioned is such a clear way to think about it. When you frame it that way, it becomes obvious why the IRS wouldn't allow people to get tax benefits on both ends of the transaction. That kind of logical thinking really helps cut through all the technical complexity. $7,000 is a substantial tax bill, but you're absolutely right that the peace of mind is worth it. I'd much rather pay the correct amount upfront than deal with penalties, interest, and audit stress later on. Thanks for sharing your experience and adding another helpful resource to the list!

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Sean Doyle

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Based on everything I've read in this thread, you're absolutely right to be concerned about H&R Block's advice. As someone who works in employee benefits (though not as a tax professional), I see this exact confusion all the time. The fundamental principle is straightforward: if you received a tax advantage when paying the premiums (through pre-tax payroll deductions), then the IRS expects to collect taxes when you receive the benefits. You can't get the tax benefit twice - once when paying premiums and again when receiving the payout. What's particularly concerning is that H&R Block apparently didn't even ask HOW your premiums were paid, which is literally the most important factor in determining taxability. This suggests they're applying a blanket "insurance benefits are tax-free" rule without understanding the nuances of employer-sponsored policies. I'd strongly recommend following the advice from the tax attorney and experienced preparers in this thread: 1. Get written documentation from H&R Block explaining their position with specific tax code citations 2. Obtain written confirmation from your HR department about the pre-tax treatment of your premiums 3. Get a second opinion from a CPA who specializes in employee benefits taxation With $47,000 at stake, the potential consequences of underreporting are severe. Even if there's a chance H&R Block is right (which seems unlikely based on the legal analysis provided here), the risk of penalties and interest on that amount of unreported income isn't worth taking. Document everything and protect yourself. The IRS holds YOU responsible for accurate reporting, regardless of what advice you received from a tax preparer.

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