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Check your last pay stub from them if you still have it. The YTD (year-to-date) withholding amounts should be on there, and you can use those numbers for boxes 2 and 18 on Form 4852. I had to do this with a seasonal job that never sent me a W-2 at all!
But what if the numbers on the paystub don't match what should've been on the W-2? Can you get in trouble for that? Who's responsible if there's a discrepancy?
If there's a discrepancy between your pay stub and what would have been on your W-2, you won't get in trouble as long as you're using the best information available to you and documenting your efforts to get the correct information. The responsibility ultimately falls on the employer to provide accurate tax documents, and the IRS understands that sometimes taxpayers have to file with estimated information. When you file Form 4852, there's actually a section where you explain how you determined the amounts and what efforts you made to obtain the correct W-2.
This just happened to me with a retail job! I filed IRS Form 3949-A to report them for not providing complete tax documents. Technically they're breaking the law and could face penalties. Felt good to hold them accountable after they ignored my requests for weeks.
Did anything actually happen after you filed that form? I'm wondering if it's worth the effort or if the IRS just files it away somewhere and never follows up.
Something important that nobody mentioned yet - if you're filing for 2022 this late, make sure you're using the correct forms and rules for that tax year! The child tax credit changed between 2021, 2022, and 2023. For 2022 specifically, the maximum credit was $2,000 per qualifying child with up to $1,500 potentially refundable. The expanded CTC from 2021 (which was fully refundable) expired and wasn't available for 2022. Also, don't forget that even with zero income, you still need to file a return to claim tax credits in most cases. The IRS won't automatically send you anything if you don't file!
Thanks for mentioning this! I didn't even consider that the forms might be different since I'm filing late. Do you know if there's a penalty for filing 2022 taxes this late if I'm owed a refund?
There's generally no penalty for filing late if you're owed a refund! The IRS is actually happy to hold onto your money longer. However, there is a time limit - you must file your return within 3 years of the original due date to claim any refund. For 2022 taxes, that means you have until April 2026 to file and still get any refund you're entitled to. Just be sure to clearly mark which tax year you're filing for on your forms, and I'd recommend filing the 2022 and 2023 returns separately rather than at the same time to avoid any confusion. And definitely use tax software or forms specific to the 2022 tax year rather than current forms.
Has anyone used TurboTax for claiming a newborn when filing late? I'm in a similar situation (baby born Oct 2022, filing now) and wondering if their software handles this correctly or if it gets confused with the different tax years?
I used TurboTax last month to file my late 2022 return with a December baby. It works fine - they keep the old tax year versions available. Just make sure you specifically select "2022" when you start, not the current year. It'll ask when your child was born and automatically figure out that they count for the full year even though they were born in December.
I ran into this same issue last year. Make sure you're choosing the right adjustment code on Form 8949. You'll need to use code "B" to indicate that your basis is being adjusted from what was reported on the 1099-B. This tells the IRS you're not just randomly changing numbers. Also, keep in mind that some tax software doesn't handle RSUs very well. I ended up switching from TurboTax to TaxAct because it had better tools for handling equity compensation. Whatever you do, don't just accept the 20% calculation - you definitely shouldn't be paying that rate unless your total income puts you in the top bracket.
Thanks for that tip about the adjustment code! I didn't even know I had to indicate why I was changing the basis. How detailed do I need to be with the explanation? Is it enough to just say "RSU vesting date FMV" or do I need to provide more documentation?
Code "B" is all you need on Form 8949 - you don't need to write a detailed explanation. However, I highly recommend keeping documentation that shows the fair market value on the vesting date. This could be your vesting statements, pay stubs showing the RSU income, or a statement from your company's equity portal. If you get audited (which is unlikely but possible), having that documentation ready will make the process much smoother. The IRS mainly wants to ensure you're not double-counting the income (once when it vested and again when you sold), or trying to avoid taxes by artificially increasing your basis.
Has anyone here used the "Supplemental Information" that brokerages often provide for RSUs? My Schwab account has this PDF that shows adjusted basis information, but it doesn't match what's on the official 1099-B. Super confusing...
You should definitely use the Supplemental Information! That's actually the correct data for your tax return. The official 1099-B often shows zero basis because that's what brokerages are required to report to the IRS, but the Supplemental Information shows the actual cost basis you should use. This is a really common issue with RSUs. The brokerage knows you need the adjusted basis information but they can't put it on the official 1099-B form due to IRS reporting requirements. That's why they provide it separately.
Check if you qualify as an independent student on the FAFSA. You automatically qualify if you're 24+, married, have dependents, are a veteran, emancipated minor, or were in foster care. Also look into your school's professional judgment process - some schools have emergency funds specifically for situations like yours.
I don't qualify as independent under any of those categories unfortunately. I'm 20, unmarried, and don't have kids. What's the professional judgment process? Is that different from the dependency override?
Professional judgment is different from dependency override. While dependency override changes your dependency status completely, professional judgment allows financial aid administrators to adjust your financial aid package based on special circumstances. In your case, you'd still need to file as dependent, but the financial aid office could potentially adjust your Expected Family Contribution based on the fact that you're not actually receiving support from your step-father despite what the FAFSA calculations assume. This might not solve your immediate filing problem, but could help with actual aid amounts if you do manage to submit your FAFSA.
Another suggestion - talk to your benefactor directly about this situation. Be completely honest about the tax issues. They might have connections with the school or alternate ways to fund your education until the FAFSA situation is resolved.
Andre Laurent
Another option is to just do a "dry run" through the actual filing process with whatever tax software you use. I do this every January as soon as I get my W-2 - just complete everything in TurboTax but don't submit. It shows your refund amount updating in real-time as you enter info. Then I know exactly what to expect and can budget accordingly.
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AstroAce
ā¢Doesn't that mean you have to pay for the tax software twice? Once for the estimate and once for actually filing?
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Andre Laurent
ā¢No, you don't have to pay twice. With most tax software, you only pay when you actually file. You can go through the entire process, see your refund amount, and then just save your progress. When you're ready to file for real, you just pick up where you left off and submit. Some software even lets you create multiple scenarios without charging you. I've done this with TurboTax where I tried different filing statuses to see which gave a better refund before deciding which one to actually use.
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Zoe Kyriakidou
Don't forget to check if you qualify for free filing! If your income is under $73,000, you can use IRS Free File. A lot of people end up paying for tax software when they could've filed for free.
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Jamal Brown
ā¢Free File is great in theory but sometimes those "free" options hit you with fees at the last minute for state filing or certain forms.
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