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How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Not even sure what a corrected form would or should show, since there was no payment. But the 1099-R exists, for $25,000!!
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12 Replies
LindaS5247
Expert Alumni

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

If this Form 1099-R is incorrect, do not report it on your income tax return.  If there were no distributions at all, do not report anything.

 

If the Form 1099-R is incorrect they should send a corrected one to show $0.  This way if the IRS cross references it, it won't get flagged that you did not report it.

 

Keep records of your communications with your insurance company just in case a question arises later on.

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How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Thank you for the rapid reply.  The insurance company is difficult to deal with and makes a lot of mistakes. In the best of all worlds, they may issue a corrected form showing $0, in which case, if I understand correctly, I would file a 1099-R, showing $0 and check that is a Corrected form.

 

If, however, they do not correct the form -- if they just say, as the woman on the phone did, "No, you shouldn't have gotten it" and, when I pressed, "Well, maybe the tax department can send you a letter saying you should not have gotten it" than am I reading your reply to say that I should just leave off the 1099-R, accumulate letters that I send to the insurance company (and their replies, if any), and then wait for the IRS to query me about a missing 1099-R?

LindaS5247
Expert Alumni

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Yes, if this is something that should not be reported on your tax return, than you should not report it.  

 

If you later receive a question about it from the IRS you will have your documents in a row to show that you are in the right, and that your tried to remedy the problem by requesting a corrected Form 1099-R.

 

Ask for a letter from the company saying that they erroneously issued a Form 1099 for $25,000 and then properly issued one for 0. Because you may find that the company transmitted the incorrect Form 1099 to the IRS after all. This way you’ll be able to explain it.  It's likely the Form 1099-R has already been transmitted to the IRS.  The issuer should prepare a Form 1099 in the correct amount and check a “corrected” box on the form. The corrected form is supposed to cancel out the first one in the IRS system, once you give it time to settle. But if they won't cooperate, you should make sure your records reflect what really happened.

 

Click here for IRS guidance on "What to do if you have not been issued a corrected Form 1099-R."

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dmertz
Level 15

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

If the Form 1099-R is incorrect and shows a taxable amount in box 2a, you can't just omit it from your tax return.  The IRS will certainly detect it and send you a bill for unpaid taxes.

 

If the insurance company will not make the correction, you must instead must file a substitute Form 1099-R (Form 4852) where you can provide explanation and show the correct dollar amounts.  Form 4852 is prepared in TurboTax by in the 1099-R section marking the box to indicate the you need to file a substitute Form 1099-R.  Filing Form 4852 requires filing by mail.

 

Still, there might be a reason that the Form 1099-R is correct.  It's not unusual for front-line reps to provide bad information regarding Forms 1099-R.  Was there a transaction associated with this Form 1099-R but that transaction was not supposed to be taxable and, if so, what was the transaction?

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Definitely something happened, although I hesitate to call it a transaction: I was the beneficiary of a non-qualified insurance annuity.  I sent in notarized paperwork (insurance-company-provided forms) opting for the 5-Year Deferral Option for this annuity.  The 1099-R, however, has 4D in Box 7 (if memory serves), which shows that they think that they made a payout on death.  However, I have received no such payout.  Nor does their system -- on the authority of whoever is responding to my phone calls -- show that I received a payout.  They show that I elected the deferral option. 

 

In the absence of a check and the presence of a 1099-R saying that I did receive $25,000 in a taxable distribution, I appreciate the guidance in tax filing that will give me a chance at staving off a disaster.  Paying taxes is, well, paying taxes.  But paying taxes on income one has not received ... Oof.

 

[If you want to know what I think happened, there are multiple beneficiaries for the same policy.  I think one of them did get a check in their name, and that the insurance company has improperly connected me to that payout.  The number of processing errors that this company has made in the short time I have been in contact with them is truly stunning.  You are 100% right that a telephone representative may be incorrect; and in fact these representatives promise paper documentation that never arrives.  Alas, what does arrive is often wrong and/or nonsensical, which occasions more phone calls.  For example, letters kept arriving saying that they could not talk to me or process my claim in the absence of a death certificate; only by elevating to a higher-level phone representative was I able to get them to link the death certificate that they did have in their system to my claim.  Sigh.]

 

 

dmertz
Level 15

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

If you did not receive any of the 5-year payout in 2022, I agree, you should not have received a Form 1099-R reporting any distribution.  I think that your suspicion that they confused you with another beneficiary who received a lump-sum payout is plausible, but it's hard to imagine how there could be a disconnect between the issuing of the check to that beneficiary and the reporting on Forms 1099-R.

 

In filing a substitute Form 1099-R it would help to know if such other beneficiary actually did not receive a Form 1099-R and you could add that information to your explanation (and inform that beneficiary that the taxable income needs to be included on their 2022 tax return).  The problem is that any such information would have to come from the other beneficiaries themselves because the insurance company should not be telling you anything about other beneficiaries (only that their are other beneficiaries).

 

 

 

 

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Exactly.

 

And, as you might have already assumed, the other beneficiaries are relatives of mine.  I am working on this now.  I agree that if I can document a genuine account of the insurance company error, it will make my paper trail more compelling.

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Called in again and got someone a bit more empowered, and who also confirmed that the 1099-R had been issued in error. They actually got a corrected 1099-R produced while I held on the phone for a couple of hours, then emailed it to me.

 

New 1099-R looks like prior 1099-R, with boxes 1 and 2a (previously $35,000 and $25,000, respectively) now blank, which I take to be functionally equivalent to $0.  Problem still [?]:  The Corrected box at top was not checked!  How would/will IRS recognize that this mostly blank 1099-R supersedes the erroneous one?  I wrote back to the email address and got this reply:  "The IRS will be notified of the correction via disk so they will know it has been corrected by the company. There is no need for zero’s to be placed on your copy."

 

My inclination at this point is to write to the insurance company a letter summarizing these interactions, in case the 1099-R form transmissions to IRS do not occur as the representative states.  Apropos, the representative also said on the phone that transmission to IRS of these forms does not occur until April, which makes it at least possible that the original, erroneous form will not be submitted.

 

Now back to TurboTax:  I would still like to file electronically, if at all possible.  Is my best strategy at this point just to say no 1099-Rs received?  Or should I enter the information from one with blanks in all boxes by 7 (4D still entered) and 15 (state identified), plus the account number, my address, and their address and EIN.

 

JamesG1
Expert Alumni

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

There was no distribution and you have copies of both the original 1099-R and the corrected (?) 1099-R.  What a disappointment that the correcting entry was not properly prepared.

 

Writing a letter to the insurance company summarizing your interactions would be wise.  I would also also capture screenshots of the discussions here to document your sincerity in correcting the problem.

 

You may have to leave the IRS form 1099-R off of the tax return.  If you attempt to file the 1099-R with little or no information, you may need to enter '0' in box 1 to allow the form to pass Review and/or transmission.

 

@hsmith7143 

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dmertz
Level 15

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

Because the deadline for the insurance company to file Forms 1099-R with the IRS is March 31 if filed electronically (not April, but close enough), it's possible they they will only be filing the new Form 1099-R and not the old one (or maybe none at all).  But that's really not the way they should do it.  They should file both with the corrected one having the CORRECTED box marked, otherwise it leaves you with this quandary.  You'll be able to determine what they filed by obtaining your Wage & Income transcript from the IRS, but that won't have the Forms 1099-R until they file them, not really soon enough for your purpose unless you want to request a filing extension.

 

The $0 Form 1099-R was intended to cancel the original, so you would enter nothing.  At least you have the $0 Form 1099-R to point the IRS to if they ever question the fact that the original was not included on your tax return.

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

As advised here by members of the Community, I wrote a detailed letter to the insurance company noting everything that had occurred, including my telephone conversations with their representatives.  The letter started and ended with the following request:

 

"I am requesting a Corrected Form 1099-R and/or your substantiation that an original erroneous Form 1099-R has not been and will not be sent to the IRS or the [state] Department of Revenue." 

 

This letter crossed in the mail (in early March) with the new, "corrected" 1099-R that the phone representative had obtained for me and emailed to me in late February.  It was (as expected) the same as what I had received by email.  It is identical to the original (erroneous) 1099-R save that the three Boxes that had previously shown dollar-denominated distributions -- Boxes 1, 2a and 16 -- are now blank.  Unfortunately, the Corrected box is not checked, and Boxes 7 and 15 are still populated, the former with (ugh) 4D (Death, annuity payments that may be subject to payment).

 

Although the Corrected box was not checked, there was an accompanying page with the following statement:

 

"IMPORTANT INFORMATION

"You recently received a Form 1099 for distributions made from your annuity policy in 2021.

"Some of the information on that form was incorrect. Enclosed is a corrected Form 1099.

"Please destroy the original 1099 that you received and replace it with this 1099 for tax filing purposes."

 

Setting aside for a moment the fact that 2021 should read "2022" -- as I noted in earlier comments, this company tends to make a lot of unforced errors" -- I found this statement intriguing, especially in light of some of the earlier advice that had educated me on if and when the company is likely to pass 1099-R information on to the IRS. 

 

So yesterday, which marked four weeks since their tax department had received my letter (I sent it by certified mail), I fought through the phone prompts and lengthy holds and spoke with someone who, again, actually seemed to understand what I was asking. In particular, I asked them whether and when they were going to issue the form with the Corrected box checked. This representative said that they only issue such Corrected forms for 1099s that have been corrected after the mid-April tax deadline, which is when they (the insurance company) send in their 1099-R files.  This accords with what another representative had told me in February, although I do take note of the advice reply above that says that the real deadline was end of March. But, this internally consistent response, coupled with that page telling me to "[p]lease destroy [!] the original 1099 that you received" gives me more hope that the erroneous Form 1099 as originally issued will never make its way to the IRS.  Which leads to the following two questions:

 

1) Is there any real advantage at this point to getting an extension?  It sounds as though by July or August I would be able to check my transcript at irs.gov to be sure that the erroneous Form never went in.  Then if by some chance it did, I could then dog the insurance company to re-issue a Form 1099 that is marked Corrected.  Arguing against doing so is that I really would like to file on time; the evidence is that they are not going to have reported the erroneous income; and that even if they did, I would still be in the position of needing to request a properly Corrected-checked Form 1099 in late Summer. 

 

2) If I do file now, do I just ignore the new, amounts-blank (hence implicitly $0) form that I have on hand?  It sounds as though that one is going to be sent to the IRS. The comments I have received suggest that it is not necessary to report this; and yet I wonder whether it will be asking for trouble with the IRS to ignore it, especially if it turns out that the erroneous Form 1099 somehow makes its way to them.

dmertz
Level 15

How do I deal with an incorrect 1099-R from an insurance company? On the phone they admit there should not have been a 1099, but they have yet to send correction.

The company was able to issue to you a new original Form 1099-R to replace the first original Form 1099-R because they had not yet done the electronic filing with the IRS.  In other words, the IRS will never see the first Form 1099-R that they sent to you.  That's why the CORRECTED box is not marked.

 

This leaves you with nothing to report about this on your 2022 tax return and no need to request a filing extension for this.  Entering a Form 1099-R that has all zeros for dollar amounts has no effect on your tax return and would just cause TurboTax to complain.  Simply omit it.

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