I just read up on the instructions /rules for Form 8960 on IRS.gov. From what I can tell, TT is generating my form correctly based on the instructions shown on IRS.gov.
It seems the IRS is rejecting the TT returns because TT is using the correctly updated rules, but the IRS hasn't caught its own systems up to reflect the new rules (thus the IRS' own wording in the known issues spreadsheet stating the returns are "erroneously" rejecting).
My thought is that those who are re-filing with H&R Block are having their returns accepted because H&R Block is using the old (read: incorrect) rules.
Therefore, I believe those who have filed with H&R Block and do need form 8960 under the new rules, might have some issues in the near future - meaning they may need to amend their returns later.
My advice to anyone who truly does need Form 8960 is to wait for the IRS update and refile with TT. Note that if your MAGI (which is likely equal to your AGI) meets the threshold, you need Form 8960 whether or not you have investment income. Those thresholds, per the IRS.gov instructions for this form are $250,000 for Married filing jointly or widower, $125,000 for married filing separately and $200,000 for single or head of household.
While I find it wildly frustrating that TurboTax isn't commenting, I do think its systems are correct vs. H&R Block which seems to be using the old rules.
Note - I'm not a CPA and the above advice is just my opinion!
