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I think you're getting some overly complicated advice here. H&R Block has a guarantee that covers preparer errors. Just go back to the same office, ask for the manager, and explain what happened. They should handle the entire amendment process for you at no charge AND they should cover any interest or penalties that might result from their mistake. I used to work at a tax prep office (not H&R), and this kind of thing happened occasionally. The company should make it right without you having to do all this extra work yourself. Don't let them brush you off with "the IRS will catch it" because that's not how it works.
Thanks for this perspective! I called the H&R Block office this morning and asked for the manager. At first they tried to stick with the "IRS will catch it" line, but when I mentioned their guarantee that covers preparer errors, their tone completely changed. They've scheduled me to come in tomorrow where they'll handle the amendment for me and they're giving me a document stating they'll cover any related penalties. Should I bring anything specific to the appointment?
Bring all your original tax documents (W-2s, 1099s, etc.), your payment receipt showing how much you paid, and the final tax return they prepared. If you have any emails or documentation about the error being discovered, bring those too. Also ask them to provide you with written confirmation that they'll track the amendment until completion and notify you when the refund is expected. Get the manager's direct contact information in case you need to follow up. Don't leave without copies of everything they submit on your behalf, including the 1040-X form they prepare.
Don't wait for the IRS to "catch" anything! I made this mistake last year and waited 6 months before taking action myself. I finally called the IRS Taxpayer Advocate Service at 877-777-4778. They're an independent organization within the IRS that helps taxpayers resolve problems. Explain your situation and they can help guide you through the fastest way to get your refund. The key is to be proactive. Document everything, including the date and time you discovered the error and the name of the H&R Block preparer who admitted the mistake. This documentation will be crucial if there are any disputes later.
The Taxpayer Advocate Service is great but they're super backed up right now. I called them last month about a similar issue and they told me they're only taking cases with financial hardship or where you're facing immediate negative action from the IRS. Did you have to prove hardship to get their help?
Something nobody's mentioned yet - you might actually qualify for certain tax credits even with no income, which could mean getting money BACK when you file! For example, if you had any educational expenses last year, you might qualify for education credits. If you paid for healthcare, there might be credits available there too. And depending on your age and filing status, you might qualify for the Earned Income Tax Credit even with your business loss. Don't miss out on potential refunds just because you think you don't need to file with no income!
Do you know if you can get the earned income credit if your business operated at a loss? I thought you needed actual earned income to qualify for that. Also, would educational expenses count if they were related to improving business skills?
For the Earned Income Tax Credit, you generally do need some earned income to qualify, so a complete business loss might not help there - I should have been more specific. However, even minimal earned income (like side gigs) can sometimes qualify if you meet the other requirements. For educational expenses, if they were directly related to improving skills for your current business, they might be deductible as business expenses rather than qualifying for education credits. Business-related education can usually be deducted on Schedule C if you're a sole proprietor or flow through on partnership returns. This is actually where documenting business losses properly becomes important for future tax benefits.
Hey so I did almost the same thing last year, my small business tanked and I had basically no income. My tax person said to definitely file because not filing for multiple years can trigger automatic flags in the IRS system! Also they explained that living off savings is totally fine tax-wise since that money was already taxed when you originally earned it. You don't pay taxes again when you withdraw from your regular savings account. Made me feel way better about the whole situation!
Make sure you're calculating "support" correctly. Support includes housing, food, utilities, medical expenses, education, clothing, transportation, and other necessities. The IRS has a worksheet for this in Publication 501. Also, remember that scholarships you use for tuition and required fees don't count toward your support - only the amount you personally paid from your earnings or savings. So if some of that $13,000 you mentioned includes scholarship money, you might need to recalculate. If your parents claim you as a dependent incorrectly, neither of you will be able to e-file. The IRS system will reject the second return filed with your SSN claimed on it.
Thanks for mentioning that about scholarships! I didn't realize they don't count toward my support calculation. I received about $3,200 in scholarships that went directly to tuition, so I guess I need to subtract that from my contribution. So recalculating: I personally paid about $9,800 (not counting scholarships), and my parents contributed $8,500. That's still more than half from me, but closer than I thought. Is there anything else I might be missing in my calculations?
You're on the right track with your recalculation. Also consider any health insurance your parents might provide - that counts as support from them. Same with cell phone plans if they pay for yours, car insurance if they cover it, or any medical expenses they paid. Don't forget to include the fair rental value of housing if you lived with them any part of the year (like during summer break). This often gets overlooked but can significantly impact the support calculation. With your adjusted numbers ($9,800 from you vs $8,500 from parents), you're still providing more than 50%, but it's close enough that these other factors could potentially tip the balance.
Question: if the OP decides they can file independently, would it be better to have the parents give the tuition money to the student instead of paying it directly to the school? That way the student could claim they provided ALL the support and there'd be no confusion?
That approach gets into murky territory. The IRS looks at the substance over form. If parents give money specifically for education, it's still considered support FROM the parents, even if it passes through the student's bank account first. What matters is the source of the funds, not who physically makes the payment. If the parents are the true source of the money, they're providing that portion of support - regardless of whether they pay the school directly or give the money to the student to pay.
Just an FYI - the SECURE 2.0 Act did reduce the penalty for missed RMDs from 50% to 25% (and potentially down to 10% if corrected quickly), but as you noted this only applies to missed RMDs from 2023 onward. For your 2022 situation, definitely request the waiver as others have suggested. In my experience as a retired accountant, the IRS is reasonable about these requests when it's a first-time mistake. Make sure to calculate the correct RMD amount using the appropriate life expectancy table for an inherited IRA - this depends on when the original owner passed away and your wife's relationship to them.
Thanks so much for confirming the SECURE 2.0 Act timing. I was hoping there might be some retroactive relief, but that didn't seem likely. We've already taken the missed distribution now and I'm working on the waiver request letter. Do you know if I should mail the Form 5329 and letter separately from our regular tax return, or include it all together?
If you haven't filed your 2022 return yet, include the completed Form 5329 (with "RC WAIVER" written at the top) and your letter with your tax return. If you've already filed your 2022 return, then submit an amended return (Form 1040-X) with the Form 5329 and waiver letter attached. Make sure your letter clearly states that the missed RMD has now been distributed and reported as income for the year it was distributed (likely 2023). The IRS just wants to see that you've corrected the mistake and are taking responsibility. In my 30+ years working with tax issues, I've rarely seen them deny a first-time waiver request when the taxpayer has taken corrective action.
Another option - if your wife's inherited IRA is with a major brokerage firm (Fidelity, Vanguard, etc.), call their retirement department directly. Many of them have dedicated teams that handle RMD issues. When my brother missed his RMD from an inherited IRA last year, Fidelity actually helped him draft the explanation letter and gave him specific instructions for filing the 5329. They even told him that based on their experience, the IRS approves most first-time waiver requests when the distribution is promptly corrected.
This is good advice! I work for a financial institution (can't say which one) and we help clients with missed RMDs all the time. We have template letters that have been successful with the IRS. Most custodians want to help because it's in everyone's best interest to resolve these issues smoothly.
Rami Samuels
Just FYI for everyone, the paper forms aren't that complicated for a simple 1099-MISC situation. I filed mine manually last year with similar income. You need: - Form 1040 (the main tax return) - Schedule C (for reporting the business income) - Schedule SE (for self-employment tax calculation) The IRS has fillable PDFs on their website, and the instructions are pretty clear. The calculations for self-employment tax are a bit annoying but doable. Took me about 2 hours total. But honestly, with the free options others mentioned, software is probably easier unless you really want to understand the tax process.
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Arjun Patel
β’Thanks for breaking down the forms! If I do decide to file manually, does Schedule C require me to track a bunch of expenses? I literally just got paid for working shifts operating rides, no expenses or anything.
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Rami Samuels
β’Schedule C is where you report your business income and expenses, but you don't have to have expenses to file it. If you didn't have any business expenses, you can just put $0 in those sections. You'll report your total 1099-MISC income ($940) as gross income on Schedule C, then since you have no deductions, that same amount becomes your net profit. This net profit gets transferred to your 1040 and is also used to calculate your self-employment tax on Schedule SE. Keep in mind you'll owe about 15.3% for self-employment tax (covers Social Security and Medicare) on your earnings, so set aside roughly $144 if you haven't already. The tax software would calculate this automatically, which is one advantage of using it.
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Haley Bennett
Don't forget to check your state's filing requirements too! Even if you use free federal filing, some states have separate requirements and fees. I had a similar situation with a small 1099 and found out I didn't need to file a state return at all in my state because my income was below the threshold. Saved me the $15-30 that most "free" services charge for state filing.
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Douglas Foster
β’Good point! What's the usual threshold for state filing requirements? I have about $1200 in freelance income and wondering if I need to worry about state.
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