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I've been following this thread and wanted to add one more consideration that could be really important for your situation. Since your dad is the annuitant on both contracts and you mentioned he has substantial medical bills, you should also ask the insurance company about any "nursing home" or "long-term care" provisions in your annuities. Many annuity contracts written 8+ years ago included provisions that allow penalty-free access to funds if the annuitant requires long-term care or is confined to a nursing home for a certain period (usually 90+ days). Even if your dad's current medical situation doesn't involve long-term care, these provisions sometimes extend to other qualifying medical expenses or disabilities. The key advantage is that these provisions often waive the 10% early withdrawal penalty entirely, while still allowing the annuitant to access the funds. You'd still owe ordinary income tax on the earnings, but eliminating that 10% penalty could save you several thousand dollars on the amounts you need to withdraw. Also, I'd suggest asking about the specific withdrawal order from your contracts. Some annuities use FIFO (first in, first out) which means your initial contributions come out first before any taxable earnings. Others use a pro-rata method. Understanding this could help you calculate exactly how much of any withdrawal would be taxable vs. just return of principal. Given all the great suggestions in this thread, it sounds like you have a solid plan to explore all options with your insurance company before making any decisions. The fact that your dad is both annuitant and beneficiary really does create some unique possibilities that standard ownership transfer scenarios don't address.
This is such valuable information about the long-term care provisions! I had no idea that annuities from 8+ years ago might have these kinds of built-in protections. The penalty waiver alone could save us thousands if Dad's situation qualifies. The FIFO vs. pro-rata withdrawal order is something I definitely need to understand better too. If our annuities use FIFO and we can access some of the original principal first, that could significantly reduce the immediate tax impact of any withdrawals we need to make. I'm starting to feel much more optimistic about this situation after reading everyone's suggestions. What seemed like an impossible choice between helping Dad and avoiding a tax disaster is starting to look like it might have some workable solutions. I'm going to compile all these questions and call the insurance company Monday with a comprehensive list: - Beneficiary acceleration provisions - Terminal/chronic illness riders - Long-term care provisions - Loan options - Withdrawal order methodology - Exact cost basis calculations Even if we don't find a perfect solution, at least we'll know we explored every possible option before making any decisions. This community has been incredibly helpful - thank you all for sharing your knowledge and experiences!
This has been such a comprehensive discussion with really practical advice! As someone who works with annuities regularly, I wanted to add one final consideration that could be crucial for your dad's situation. Since you mentioned these are 8-year-old contracts with significant growth, make sure to ask your insurance company about any "free withdrawal" provisions. Many annuities allow you to withdraw up to 10% of the contract value annually without surrender charges, and sometimes these free withdrawals have more favorable tax treatment or can be structured to minimize the taxable portion. If your dad needs, say, $25,000 total and your combined annuities are worth around $115,000, you might be able to take advantage of the 10% free withdrawal from each contract ($11,500 combined) this year and another 10% early next year. This could spread the tax impact across two years while potentially avoiding surrender charges entirely. Also, given all the medical expense documentation you'll be gathering, don't forget that your dad might be able to deduct qualified medical expenses that exceed 7.5% of his AGI on his own tax return. If he receives taxable distributions from the annuities but can also claim large medical deductions, the net tax impact might be much less severe than initially calculated. You've got a solid plan for Monday's call with the insurance company. The key is getting all the facts about your specific contracts before making any moves. Good luck, and I hope you find a solution that helps your dad without creating too much of a tax burden for your family!
The 10% free withdrawal provision is such a smart approach! I hadn't considered that spreading it across two years using the free withdrawal amounts could help manage both the tax brackets and potentially avoid surrender charges. That's a really good point about your dad's medical expense deductions too. If he's facing substantial medical bills that exceed 7.5% of his AGI, the tax impact of receiving distributions from the annuities could be significantly offset by those deductions on his own return. It's like a natural hedge against the tax liability. This whole discussion has really opened my eyes to how many options might be available beyond the simple "transfer ownership and pay all the taxes" scenario I was originally dreading. Between the beneficiary provisions, medical hardship riders, free withdrawal limits, and strategic timing across tax years, there are actually quite a few ways to approach this that could work much better for everyone involved. I feel like I have a comprehensive game plan now for that insurance company call. Thanks to everyone who contributed their experiences and expertise - this community really came through with practical solutions I never would have thought of on my own!
My s-corp lost almost $60k last year and my accountant specifically told me that taking a reasonable salary is STILL required even during loss years if you're active in the business. The losses just pass through to your personal return where they offset other income.
This! So many people get confused about S-Corp rules. The "reasonable compensation" requirement doesn't disappear just because you're not profitable. My tax guy says the IRS specifically looks for this during audits of S-Corps.
Just want to emphasize what others have said - you're absolutely doing the right thing by continuing to take a salary even during the loss year. The IRS is very clear that active shareholders must receive reasonable compensation regardless of profitability. Your brother's situation is actually pretty straightforward since he's truly inactive. No services = no compensation required. Just make sure you document his non-involvement clearly as others suggested. One thing to keep in mind: that $47k loss will flow through proportionally to both of you on your K-1s, which could actually provide some tax relief on your personal returns depending on your other income sources. The salary you're taking is actually helping to increase that loss (since payroll is a business expense), so you're handling this correctly from both a compliance and tax strategy perspective.
I'm in exactly the same situation and feel your pain! Filed my amended return in June 2022 and it's been 20 months of absolutely nothing. The "Where's My Amended Return" tool has shown "received" since August 2022 with zero updates. What's really helped me cope with this nightmare: **Set realistic expectations**: I've accepted that 2022 amended returns are basically in purgatory right now. The IRS is prioritizing current year returns, and amendments are getting pushed to the back burner indefinitely. **Check your account transcript monthly**: Sometimes you'll see processing codes appear there before the online tool updates. Look for codes like 570 (additional review) or 766 (credit to account). At least it gives you something concrete to monitor. **Document your timeline**: Keep a record of when you filed, every status check, and any phone calls. If this drags on much longer, you'll need this documentation for the Taxpayer Advocate Service or potentially Tax Court if they try to claim statute of limitations. **Don't stress about calling yet**: Honestly, the phone wait times are brutal and the agents often don't have any more information than what's available online. Save your sanity for now unless something urgent comes up. The whole system is completely broken. It's infuriating that they can process regular returns in 21 days but take 2+ years for amendments. Based on what I'm seeing here, some early 2022 amendments are finally starting to move, so hopefully we're getting close to our turn. Hang in there - we'll get through this eventually!
@Faith Kingston Your advice about setting realistic expectations really resonates with me. I think part of my frustration has been expecting this to be resolved on some reasonable timeline, when clearly the IRS is operating in a completely different reality right now. The monthly transcript checking approach makes a lot of sense too. I ve'been obsessively checking the Where s'My Amended Return tool almost weekly, which just makes me more anxious when nothing changes. Switching to a monthly transcript review with specific codes to look for sounds much more productive and less maddening. Your point about documentation is spot on - I wish I had started keeping better records from the beginning. I m'going to start that tracking spreadsheet right now while I can still remember the key dates. It s'both comforting and infuriating to see so many of us in the same boat. At least we know it s'not just our individual returns that got lost in the system - it s'a massive, systemic failure. Here s'hoping 2022 amendments start moving faster now that we re'getting into 2025. Thanks for sharing your experience and keeping it real about the timeline expectations!
I'm so relieved to find this thread - I thought I was going crazy! Filed my amended return in September 2022 and it's been 17 months of complete silence. The "Where's My Amended Return" tool hasn't budged from "received" since October 2022. Reading everyone's experiences here is both reassuring and terrifying. Reassuring because clearly this is a widespread systemic issue, not just my return that got lost. Terrifying because some of you have been waiting even longer than me! I've been checking the status obsessively, which is probably making my anxiety worse. Based on all the great advice in this thread, I'm going to: 1. Start checking my account transcript monthly instead of the online tool weekly 2. Look for those specific transaction codes (570, 766, etc.) that others mentioned 3. Create a documentation log of all my interactions and status checks 4. Stop panicking and accept that this is just the new reality for 2022 amended returns The interest payment point several people raised is something I hadn't considered. Definitely going to ask about that when this finally gets processed. After waiting this long, they absolutely should be paying interest on the delay. It's absolutely ridiculous that they can process regular returns in weeks but take 2+ years for amendments. The system is clearly broken, but at least we're all suffering through this together. Thanks everyone for sharing your experiences and tips - it helps to know I'm not alone in this nightmare!
This is such helpful information from everyone! I'm actually dealing with this exact situation right now - filed my taxes two weeks ago and have been dreading the conversation with my trustee. Reading through these experiences, it sounds like the key things are: 1) Don't spend the refund before getting approval, 2) Have documentation ready for any expenses you want to justify, and 3) Know that each district really does handle it differently. @Mei Chen - that's really encouraging that your district allowed you to keep 100% of the EIC! I'm hoping mine has a similar policy. Did you have to file any specific paperwork beyond just notifying them, or was it more automatic once they reviewed your return? For anyone still figuring this out, it might be worth calling your trustee's office early in tax season to ask about their specific procedures. Better to know upfront than be scrambling after you've already filed!
@Jamal Thompson Thanks for that great summary! I m'new to this community and just started my Chapter 13 about 6 months ago. Reading everyone s'experiences here is so much more helpful than trying to decode the legal documents my attorney gave me. Your point about calling early is spot on - I wish I had thought of that before filing last week! Now I m'in the same boat as you, waiting to hear back from my trustee. Did you end up having to submit any additional paperwork after filing your taxes, or are you still waiting to hear what they ll'require? Also, for anyone else reading this - is there a standard form most districts use for requesting to keep part of your refund, or does each trustee office have their own process?
I'm new to Chapter 13 and this thread is incredibly helpful! I filed my petition about 4 months ago and my first tax season under bankruptcy is coming up. Reading everyone's experiences, it seems like the common thread is to be proactive and transparent with your trustee. A few questions for those who've been through this: ⢠Is there a typical timeline for when you need to notify your trustee after filing taxes? ⢠Do most of you use tax preparation software or go to a professional given the bankruptcy complications? ⢠Has anyone had success arguing that certain credits should be treated as "tools of the trade" or necessary for maintaining employment? I'm particularly concerned because I have a large Earned Income Credit coming and my plan payments are already pretty tight. Any advice on how to frame the request to keep a portion would be amazing. Thanks for sharing your experiences - this community is a lifesaver!
Jessica Suarez
As someone who's been through a similar situation with employer-paid education benefits, I wanted to share what ultimately worked for me. The key is understanding that you have multiple avenues to resolve this, even when HR initially pushes back. First, try approaching your employer one more time, but this time with specific documentation. Print out IRS Publication 15-B, Section 3, which covers working condition fringe benefits for education. Highlight the part that explains education qualifies when it "maintains or improves skills needed in your present work." For RN-to-NP programs, this often applies since you're building upon your existing nursing knowledge base. If your employer still won't budge, you're not stuck. You can file your return showing the W-2 as issued, but then claim the adjustment by filing Form 4852 (Substitute for Form W-2) along with a detailed explanation of why the education qualifies as a non-taxable working condition fringe benefit. Include documentation like your job description, the education program details, and how it relates to your current nursing role. The fact that your employer is paying for this education actually strengthens your case - it suggests they see value in the education for your current position. Keep all documentation about your nursing program and how it enhances your current ICU skills, as this will be important if there are ever any questions. Don't let HR's initial resistance discourage you. Many HR departments aren't well-versed in the nuances of education benefit taxation, especially for healthcare professionals. You have legitimate options to get this resolved correctly.
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Freya Christensen
ā¢This is really comprehensive advice! I'm curious about the Form 4852 approach - when you file that along with your regular return, does it typically trigger any additional scrutiny from the IRS? I'm in a similar situation and want to make sure I'm prepared for any follow-up questions they might have. Also, for the documentation you mentioned keeping, would it be helpful to get something in writing from my supervisor about how they view my NP education in relation to my current RN duties? My manager has mentioned several times that the advanced skills I'm learning directly benefit our unit's patient care, but I've never asked her to document that formally.
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Statiia Aarssizan
ā¢Form 4852 doesn't automatically trigger additional scrutiny, but it does signal to the IRS that there's a discrepancy between what your employer reported and what you're claiming. The key is providing clear, detailed documentation upfront to justify the adjustment. Getting written documentation from your supervisor would be extremely valuable! A letter explaining how your NP education directly enhances your current ICU nursing duties and benefits patient care in your unit would strengthen your case significantly. Ask your manager to specifically mention how the advanced skills you're learning apply to your current role rather than preparing you for a different position. When filing Form 4852, include a cover letter explaining the situation, attach relevant IRS publications (like Pub 15-B), and provide documentation showing the education maintains/improves your current job skills. The more thorough your initial submission, the less likely you'll face follow-up questions. Most adjustments for legitimate working condition fringe benefits are processed without issue when properly documented. The fact that you can show your employer values this education for your current role (through your manager's letter) combined with the specific nature of ICU-focused advanced nursing skills makes your case quite strong.
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GalacticGuru
I'm a healthcare administrator who's dealt with these education benefit classifications many times, and I wanted to add some practical perspective to help you navigate this situation. The good news is that RN-to-NP education often does qualify as a working condition fringe benefit, especially in your case where you're remaining in nursing and your employer is directly paying the institution. The "maintains or improves skills" test is key here - since NP education builds upon your existing nursing knowledge base rather than training you for a completely different field, you likely have a strong case. For dealing with your HR department, try this approach: Request a meeting and bring IRS Publication 15-B (specifically pages 16-17 about working condition fringe benefits). Ask them to show you in writing which part of their tuition questionnaire led them to conclude this should be taxable income. Often, HR departments make assumptions based on incomplete understanding of the tax code. If they still won't cooperate, document everything. Get your current job description, your NP program curriculum, and a statement from your nursing supervisor about how this education enhances your current role. This documentation will be crucial whether you're filing Form 4852 or appealing to your employer again. One often-overlooked point: The fact that your employer is paying tuition directly to the university (rather than reimbursing you) actually strengthens the argument that they view this as benefiting your current employment relationship, not preparing you to leave. Don't give up - I've seen many of these situations resolved in the employee's favor once the proper documentation and IRS citations are provided.
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