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I'm a tax preparer (not CPA) and November is absolutely not too early to book for tax season. We start booking returning clients in October and new clients in November. By January, we're usually booked through mid-March. One suggestion - ask if they offer a pre-tax season planning meeting in December. Many CPAs offer this service where they can review the situation and give advice before year-end. This is especially useful with real estate since there might be things your in-laws can do before December 31st to optimize their tax situation.
What's the difference between a tax preparer and a CPA? Would a regular tax preparer be able to handle real estate investments from another country or is that something only a CPA should handle?
A CPA has more extensive education, passed the CPA exam, and maintains specific continuing education requirements. Tax preparers like me have various levels of certification (I'm an Enrolled Agent which means I'm licensed by the IRS). For international real estate investments, I would strongly recommend a CPA with specific experience in that area. While some experienced EAs could handle it, CPAs typically have more training with complex international tax issues. Foreign real estate can involve foreign tax credits, FBAR filings, and other complex reporting requirements that go beyond basic tax preparation. This is definitely a situation where expertise matters more than price.
I would recommend calling now but expecting to book for February. January is when most people are still waiting for documents to arrive. Most W-2s and 1099s don't even come until late January or early February, so unless your in-laws have everything ready super early, a February appointment makes more sense.
This depends entirely on the complexity. For simple returns, sure. But for real estate investments, especially with foreign ownership, earlier meetings can be crucial for gathering all the required documentation. Sometimes these returns require information that takes weeks to track down.
One important thing to note that hasn't been mentioned - if your Solo 401k has BOTH traditional and Roth components, you'll need to report the total values separately on the form. This confused me last year. Line 7a is for the total of all plan assets, but there's also a section where you'll need to break out the pre-tax (traditional) and post-tax (Roth) portions separately if you have both. Don't just lump the total value together or you'll get a notice asking for clarification.
Where exactly do you report the Roth vs traditional breakdown? I have both in my solo 401k but can't seem to find where this goes on the 5500-SF. Is it in Part III?
You'll need to complete Part VI of Form 5500-SF if you have both Roth and traditional components. Look specifically at line 11a and 11b where it asks about pre-tax and designated Roth contributions. The total combined value goes on line 7 of Part III, but the breakdown between traditional and Roth gets reported in Part VI. It's easy to miss because most of the solo 401k guidance focuses on the asset reporting and not this specific detail.
Has anybody actually been audited on these 5500 forms for a one-person plan? I'm late filing mine and freaking out a bit about penalties. What's the realistic chance the IRS actually cares about a small solo 401k form being filed a few weeks late?
I was about 3 months late filing mine last year and did get a notice with a proposed penalty. I called and explained that as a small business owner I wasn't aware of the requirement, and they actually waived the penalty completely. I think first-time abatement is pretty common. Just don't ignore it!
That's a relief to hear! Did you have to submit anything in writing or was the phone call enough to get the penalty waived? I'm about 6 weeks late at this point.
I see everyone suggesting the identity theft angle which is definitely possible, but there could be another explanation. The IRS sometimes makes major data entry errors. Last year they attached someone else's W-2 to my account by mistake - had a similar name but completely wrong SSN. Could be worth checking your Social Security statement online to see if there's any reported income from that employer there too. If it's not showing on your SS record but is on your IRS transcript, that strengthens the case that it's just an IRS error rather than actual identity theft.
I hadn't even thought about checking my Social Security statement! Just logged in and interestingly there's no record of that employer or the $78k on my Social Security earnings record. Does that mean it's more likely just an IRS error than actual identity theft? Should I still follow all the identity theft steps everyone mentioned or is there a faster way to resolve this?
If it's not showing up on your Social Security earnings record, that's actually good news! It suggests it's more likely an IRS processing error rather than someone actually using your info to work somewhere. I'd still take precautions like monitoring your credit, but you might be able to resolve this more quickly by calling the IRS and specifically telling them it appears to be a processing error since the income doesn't appear on your Social Security record. Ask to speak with someone in the Wage and Income department rather than Identity Theft. In my case, they were able to remove the incorrect W-2 and release my refund within about 6 weeks of identifying the error. Still frustrating, but faster than the full identity theft resolution process!
Make sure you also check if the company actually exists! Google the company name, look them up on your state's business registry website, etc. I had a weird W-2 show up and spent weeks on the identity theft process only to discover the company was legitimate but had transposed some digits in the SSN they reported to the IRS. The fastest resolution came when I actually contacted the company's HR department directly. They were able to correct the error on their end and submit amended forms to the IRS.
Just to add another data point - I actually did exactly what you're describing about 2 years ago. I had approximately $215k in my Roth 401k (about $120k contributions) and rolled it to my existing Roth IRA which had about $35k (with $25k being contributions). After the rollover, my contribution basis was properly tracked as $145k total. I needed money for a medical emergency about 3 months later and was able to withdraw $52k without any tax consequences or penalties. The key is making sure your 401k plan administrator correctly reports the contribution portion of your rollover. My plan provided a statement breaking down the contributions vs. earnings portions, which I kept for my records. When I filed my taxes the following year, everything worked as expected - no issues.
That's really helpful to hear a real-world example! Did you have to do anything special on your tax return to document the rollover and subsequent withdrawal? And did your 401k plan administrator automatically provide that contribution/earnings breakdown, or did you have to specifically request it?
You'll receive a 1099-R from your 401k provider showing the total distribution, and you'll need to report the rollover on your tax return. For the withdrawal, you'll get a 1099-R from your IRA custodian the following year. I didn't need to file any special forms since my withdrawal was less than my total contributions, but I did keep detailed records of my basis. My plan administrator provided the contribution/earnings breakdown automatically as part of the distribution paperwork. If yours doesn't, definitely request it - you need this documentation to establish your basis. Some administrators have this readily available, while others might require you to specifically ask for a "distribution statement showing contribution and earnings portions.
One thing nobody has mentioned yet - while the ordering rules do work as everyone's described (contributions come out first), be careful about one detail: the timing! If you roll over your Roth 401k to a NEW Roth IRA (rather than one you've had for 5+ years), you might still face the 5-year rule on qualified distributions of EARNINGS. Contributions can still come out anytime, but if you're trying to access earnings within 5 years of establishing your FIRST Roth IRA, those earnings would be subject to tax/penalty even if you're over 59.5. The 5-year clock for earnings starts when you open your first Roth IRA, not when you do the rollover. This trips up a lot of people who wait until retirement to open their first Roth account.
Wait I'm confused. So if I open my first ever Roth IRA today at age 55, then immediately roll over my Roth 401k that I've had for 20 years, I still have to wait until age 60 to access the earnings tax-free even though I'll be past 59.5?
That's exactly right. The 5-year rule for Roth IRA earnings requires that your first Roth IRA was established at least 5 tax years ago AND you're 59½ or meet another exception (disability, first-time home purchase, etc.). So in your example, if you open your first Roth IRA at 55 and roll over your 20-year Roth 401k, you could access all the contribution portions immediately without tax or penalty. However, for the earnings to come out tax-free, you'd need to wait until both: 1) you're 59½ (which you already are), and 2) it's been 5 tax years since you established your first Roth IRA - so that would be at age 60.
Carmen Lopez
Another possibility - did you get a state tax refund last year? The 1099-G is also used to report state tax refunds, which are sometimes taxable on your federal return if you itemized deductions the previous year. Check Box 2 on the form - if it shows a state tax refund instead of unemployment in Box 1, that might explain it.
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Zara Rashid
ā¢I did get a state tax refund actually, but it was only around $340, not the $3,750 showing on the form. And I'm pretty sure it's showing in Box 1 which says "unemployment compensation" so I don't think that's it. But thanks for the suggestion, I wouldn't have thought to check that.
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Carmen Lopez
ā¢If it's definitely showing in Box 1 as unemployment compensation, then you're right, it's not the tax refund. At this point, you need to contact the state agency directly as the others suggested. One other thing to check - look at the form carefully and make sure it's actually from your state's official unemployment agency. There have been some scams where fake 1099-Gs are sent out to trick people into providing personal information.
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AstroAdventurer
Just a heads up - document EVERYTHING while you're sorting this out. Take screenshots of your bank statements showing you never received these payments. Keep a log of every call you make with date, time, and who you spoke with. If you send any documentation, send it with delivery confirmation. The IRS will match this 1099-G against your tax return, so you'll need solid proof this wasn't your income. Don't just ignore it.
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Andre Dupont
ā¢This is really good advice. My brother had a similar issue in 2023 and the documentation was what saved him. The unemployment office initially denied there was any error until he showed them his complete employment history and bank statements. They eventually fixed it but it took nearly 3 months.
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AstroAdventurer
ā¢It's unfortunately becoming a common problem. Another tip: pull your free credit report immediately to see if there's any other suspicious activity. Sometimes unemployment fraud is just one part of larger identity theft. You may want to place a fraud alert on your credit file too while sorting this out.
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