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Small but important detail: make sure you know the CURRENT reporting threshold for Form 3520. It's adjusted for inflation every year. For 2024, gifts from foreign individuals need to be reported if they exceed $100,000 (aggregate annual amount). A friend of mine got a penalty for not filing because she was using outdated information about the threshold. Also, don't forget the deadline for Form 3520 is your regular tax filing deadline (including extensions).
Isn't the deadline different for Form 3520-A though? I know that's for foreign trusts, but I get confused between all these similar forms.
You're right to ask about that. Form 3520-A (Annual Information Return of Foreign Trust With a U.S. Owner) has a different deadline - it's due March 15 for calendar year trusts, while Form 3520 is due with your individual tax return. But in the original poster's case, we're talking about Form 3520 for reporting a foreign gift, not Form 3520-A which is for foreign trusts with US owners. So the deadline would be the same as their regular tax return filing date (April 15, or October 15 with an extension). Always good to be clear about which form we're discussing since they have similar numbers but different purposes and deadlines.
Has anyone here actually been audited over Form 3520? I'm wondering how aggressive the IRS is about enforcing these foreign gift reporting requirements. My tax person made it sound like failing to file this form is basically guaranteed penalties.
Just want to clarify something about HDHPs and HSA eligibility - even being covered under a qualifying HDHP doesn't automatically make someone eligible for HSA contributions. You also can't be covered by any non-HDHP coverage (with few exceptions like dental or vision) and can't be claimed as a tax dependent on someone else's return.
From my experience with a similar situation last year, the best approach is to make sure each person is only contributing based on the months where they were the policyholder or spouse of the policyholder (not just a domestic partner) on an HDHP. The IRS regulations are really specific that domestic partners don't get the same treatment as spouses for HSAs. Also remember that if you correct excess contributions before the tax filing deadline, the 6% penalty doesn't apply. But if you don't, you'll pay that penalty each year until corrected.
Another approach that worked for our county agency was contacting our state's tax department. Since they also have to comply with Pub 1075 for their IRS data sharing agreement, they had already created a modified template that addresses the 2021 requirements. They were happy to share their template with us after we signed an NDA. Many state tax departments have dedicated Safeguards Coordinators who work on this compliance full-time and might have better resources than what's publicly available.
That's a smart approach I hadn't considered. Did your state make substantial changes to the template format, or did they just add sections for the new requirements? I'm trying to gauge how different the new SSR should look.
They kept the same general structure of the 2016 template but expanded several sections. The most significant changes were in the areas covering cloud environments, remote access, and encryption requirements. They also added entirely new sections for container security, mobile device management, and the updated incident response procedures. The nice thing about their template is that they clearly marked which requirements were from the 2021 revision, making it easy to see what's new. The overall document ended up being about 20% longer than the old template due to the additional controls.
One important thing to note about Pub 1075 compliance for 2021 that hasn't been mentioned yet - they've significantly changed how they want agencies to handle virtual environments and cloud computing. If you're using any cloud services like AWS, Azure, or Google Cloud to process or store FTI, there are completely new requirements that weren't in the 2016 revision. The SSR needs to specifically document how your cloud environment meets requirements like FedRAMP authorization and data segregation.
Another option to consider is filing Form W-4V to elect voluntary additional withholding. If they won't change their method, you could potentially offset their excessive withholding by claiming more allowances. Not ideal, but might help mitigate the overwithholding problem. Also, if this continues, you might want to adjust your quarterly estimated tax payments to account for the expected refund. This could help with your cash flow throughout the year rather than waiting for a large refund.
Wouldn't filing Form W-4V only work for certain government payments? My NQDC is from a private employer. And for the quarterly estimated payments - wouldn't I potentially face underpayment penalties if I reduce them too much, even if I know I'll get a big refund later?
You're absolutely right about Form W-4V - I misspoke. For employer payments, you'd use a regular Form W-4. My apologies for the confusion! Regarding estimated tax payments, you're also correct to be concerned about underpayment penalties. However, the IRS has a "safe harbor" provision - if you pay at least 90% of the current year's tax or 100% of the prior year's tax (110% if your AGI exceeds $150,000), you won't face penalties. So you could potentially use last year's tax liability as your guide for this year's payments, taking into account the expected overwithholding from your NQDC distribution.
Has anyone considered that the employer might actually be required to withhold at this rate? I work in payroll (different industry) and sometimes supplemental wages above certain thresholds have mandatory withholding requirements that can't be adjusted, especially for high-income earners. Just wondering if this might be a compliance thing rather than a mistake.
That's not accurate for NQDC distributions. While there are mandatory withholding rates for some supplemental wages (like bonuses), NQDC distributions definitely allow for either the aggregate method or the flat rate method. The issue here is that the employer is choosing the method that creates an artificially high withholding rate by annualizing a single payment. The mandatory withholding for supplemental wages over $1 million is 37%, but that's only for the portion above $1M. For someone receiving $165k annually, that's not even relevant.
Ethan Moore
Has anyone had success just asking PayPal to correct the 1099-K before it's issued? My brother sent me money for our parents' joint gift and accidentally marked it as goods/services. The transaction was just last month and the 1099-K hasn't been generated yet.
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Yuki Nakamura
ā¢I tried that route last year and PayPal told me they couldn't change it once the transaction was complete. Even with both parties confirming it was a mistake. They basically said I'd have to handle it on my tax return. But that was my experience - maybe others have had better luck?
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Ethan Moore
ā¢Thanks for sharing your experience. That's disappointing to hear. I was hoping to address this before it became a tax issue. I'll probably reach out to PayPal anyway just to try, but will prepare for handling it on my tax return. Did you end up using Schedule C to offset it like some have suggested?
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StarSurfer
Quick question - does anyone know if this 1099-K issue is different for crypto transfers? My dad sent me bitcoin as a gift last year through Coinbase and I just got a tax form for it. Any advice appreciated!
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Anastasia Smirnova
ā¢Crypto adds another layer of complexity. If your dad transferred Bitcoin to you as a gift, it's still a gift for tax purposes, but Coinbase may have issued a 1099 because they don't know the nature of the transfer. The important thing to know is that you take on your dad's cost basis in the Bitcoin. You won't owe any taxes until you sell the Bitcoin, at which point you'll pay capital gains tax on the difference between your dad's purchase price and your selling price. Make sure to document that this was a gift transfer so you have proof if questioned.
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