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I'm going through this exact scenario in Guam! My CPA here says not to worry - if the IRS ever questions why you haven't filed US returns, they'd send a notice first asking for an explanation before jumping to audit. At that point, you'd just respond with copies of your territorial tax returns and proof of bona fide residency. The $75k threshold is there because the IRS doesn't want to process thousands of forms from people they're not too concerned about. The only people I know who've had issues are those who claimed to be bona fide residents but weren't actually living in the territory full-time or were trying to claim benefits from both systems.
This is really helpful information from everyone! I'm in a similar situation in American Samoa and have been wondering about the same things. One thing I'd add based on my research - even though we're under the $75k threshold, it's worth understanding the "closer connection" test that the IRS uses to determine bona fide residency. They look at factors like where your permanent home is, where your family lives, your business/employment location, driver's license, voter registration, etc. I keep a folder with all this documentation updated annually - copies of my territorial tax returns, lease agreements, utility bills, bank statements showing local address, employment contracts, and even photos of my residence. It might seem like overkill, but if questions ever arise, having a comprehensive record of your life in the territory makes proving bona fide residency much easier. The key insight from Owen Jenkins about the statute of limitations not starting until they have notice is concerning though. Makes me think about whether I should proactively send that letter he mentioned, even years after establishing residency here.
That's a really smart approach with the documentation folder! I never thought about keeping photos of my residence, but that makes total sense for proving you actually live there full-time. The statute of limitations point from Owen is what's making me reconsider too. Even though we're not required to file Form 8898 under the threshold, having some kind of official communication with the IRS about our status seems like it could be valuable protection. I'm thinking about sending that letter Owen mentioned - better late than never, right? Do you update your documentation folder annually or just when major things change (like moving to a new address within the territory)? Trying to figure out the right balance between being thorough and not going overboard.
One thing to be aware of - when your son turns 18, the survivor benefits might automatically switch from your account to his own direct account. That's what happened with my daughter. When this happens, he will be responsible for any potential tax liability from that point forward. The good news is that most 18-year-olds don't have enough additional income to make their survivor benefits taxable, especially if they're full-time students (benefits can continue until 19 if still in high school).
Does anyone know if survivor benefits count against financial aid for college? My niece is 16 and getting benefits, but we're worried about how this affects her FAFSA application in a couple years.
Yes, survivor benefits do count as untaxed income on the FAFSA, but they're treated more favorably than regular income. They're reported in the "untaxed income" section rather than as regular income, which typically has less impact on the Expected Family Contribution (EFC) calculation. The good news is that many colleges have specific policies for students receiving survivor benefits and understand these are needed for basic living expenses, not discretionary income. I'd recommend contacting the financial aid offices at schools she's interested in to ask about their policies for students with survivor benefits. Some schools even have special scholarships or aid programs specifically for students who've lost a parent. Also, once she turns 18 and the benefits potentially end (unless she's still in high school), her FAFSA picture will change significantly for subsequent years, which could actually improve her aid eligibility.
Just wanted to add something that might help ease your mind about the audit concerns you mentioned. The IRS has specific safe harbors for children receiving survivor benefits, and they're generally very understanding about these situations since they recognize families are dealing with loss. If your son's only income is survivor benefits and they're under the taxable thresholds, you're actually at very low risk for audit issues. The IRS focuses their limited audit resources on higher-income situations and complex transactions, not children receiving government benefits. That said, I'd definitely recommend keeping good records - save all the Social Security benefit statements (Form SSA-1099) each year, even if you don't need to file. If questions ever come up later, having that documentation will make everything much easier. You can also set up a my Social Security account online to track his benefits electronically. The fact that you're asking these questions now shows you're being responsible about this. Most families in similar situations don't have tax filing requirements, but staying informed like you're doing is the right approach.
This is really reassuring to hear about the audit risk being low. I've been losing sleep over this since the benefits increased, thinking we might be missing something important. One quick question - you mentioned setting up a my Social Security account online. Can I set that up for him since he's only 14, or does he need to be 18? I'd love to have digital access to track everything rather than waiting for paper statements that sometimes get lost in the mail. Also, do you know if there's any difference in how the IRS treats survivor benefits vs regular Social Security disability benefits for kids? My neighbor's son gets disability benefits and she files taxes for him, but I wasn't sure if that's because his situation is different or if she's doing something unnecessary.
Has anyone tried the TaxAct import feature on FreeTaxUSA? I started my return on TaxAct but want to switch to FreeTaxUSA to save money. Will that help with this issue or just create more problems?
I did this last year! The import feature works okay but isn't perfect. It got about 80% of my info transferred correctly, but I still had to go through and check everything. Some of my itemized deductions didn't come over properly. Honestly, if you're already part way through your return on TaxAct, it might be easier to just finish it there unless you're really trying to save on filing fees.
I had the exact same issue with FreeTaxUSA last year! After spending way too much time looking for a delete button that doesn't exist, here's what I learned: The easiest approach is actually Option 2 that Riya mentioned - just go through your existing return section by section and fix what needs fixing. FreeTaxUSA's interface makes this pretty straightforward since you can jump between sections easily. If you're really concerned about accuracy, here's what I did: I printed out a summary of my first attempt, then went through each section systematically with my tax documents in hand. This way I could spot-check everything without losing the work I'd already done correctly. The review section at the end is really thorough too - it caught a couple small errors I missed during my manual review. Unless you made major structural mistakes (like filing status or number of dependents), you probably don't need to start completely over.
This is really solid advice! I'm new to FreeTaxUSA and was getting overwhelmed thinking I'd have to redo everything from scratch. The idea of printing out a summary first is brilliant - gives you a roadmap to follow while double-checking each section. Quick question though - when you say "major structural mistakes," what exactly counts as that? I'm worried I might have selected the wrong filing status initially (chose single but I think I should be head of household). Is that the kind of thing where starting over would actually be worth it?
I'm dealing with a similar situation and wanted to share something that might be helpful. I was also confused about this 401(k) vs Social Security question until I spoke with HR at my company. They explained it really simply: when you look at your paystub, you'll see that Social Security and Medicare taxes are still being deducted from your full gross pay, even after your 401(k) contribution. That's the key indicator that your entire salary counts for Social Security purposes. The way I think about it now is that 401(k) contributions are "invisible" to the IRS for income tax purposes, but they're completely "visible" to Social Security. So you get the best of both worlds - tax savings now and full Social Security credits for the future. At $40k income with $31k going to 401(k), you're definitely getting all 4 quarters. The math is simple: $40k รท 4 quarters = $10k per quarter, which is way above the $1,740 threshold needed for each quarter in 2025. You're in great shape!
This is such a helpful way to think about it! I never considered just looking at my paystub to see that Social Security taxes are still being taken out of my full gross pay. That's a really clear visual confirmation that the entire amount counts for SS purposes. Your "invisible to IRS, visible to Social Security" explanation is going to stick with me - it makes the whole concept so much easier to understand. Thanks for breaking down the math too - seeing it as $10k per quarter vs the $1,740 threshold really puts it in perspective!
I just wanted to add a quick note about something that might be helpful for planning purposes. While everyone has correctly explained that your 401(k) contributions count fully toward Social Security credits, it's worth understanding how this affects your long-term retirement strategy. Since Social Security benefits are calculated based on your highest 35 years of earnings (that were subject to FICA taxes), your current $40k will be part of that calculation even with the large 401(k) contribution. However, Social Security replaces a smaller percentage of income for higher earners, so having a robust 401(k) becomes even more important as your career progresses. The sweet spot you're in right now is building both pillars of retirement - Social Security credits AND substantial 401(k) savings. At your current savings rate of $31k annually, you're setting yourself up really well for retirement security from multiple sources. Just make sure to review this balance periodically as your income grows. You might find that in higher earning years, you want to ensure you're still getting meaningful Social Security credit increases while maximizing your tax-advantaged savings. But for now, you're definitely doing everything right!
This is exactly the kind of big-picture perspective I needed to hear! I've been so focused on the immediate question of whether I'd get my Social Security quarters that I hadn't really thought about the long-term retirement planning aspect. Your point about building both pillars simultaneously really resonates with me. It's reassuring to know that my aggressive 401(k) strategy isn't hurting my Social Security foundation, and that both will work together in retirement. I hadn't considered that Social Security replaces a smaller percentage for higher earners - that makes me feel even better about prioritizing my 401(k) contributions now while I'm in a lower tax bracket. I like your suggestion about reviewing the balance as my income grows. I'm early in my career so my income will hopefully increase significantly over the next decade, and it's good to think about how that might change the optimal strategy. For now though, sounds like I should keep doing exactly what I'm doing. Thanks for the thoughtful response!
Isla Fischer
I appreciate everyone's input here, especially the tax attorney's clarification. As someone who was also confused by all the news coverage, I think the key point is that the IRS is a massive operational machine that continues running regardless of leadership changes. The comparison to past government shutdowns is really helpful - even during those, essential tax functions continued. And the constitutional point about Congress being the only body that can change tax rates is crucial to understand. For anyone still worried, I'd echo the advice to use official IRS resources or speak directly with an IRS representative rather than relying on news speculation. The media tends to sensationalize administrative changes, but your tax obligations remain exactly the same as they were before any restructuring began. Bottom line: pay your taxes as normal, don't claim exempt unless you actually qualify, and remember that failing to pay will only create bigger problems for you personally regardless of what's happening at the agency level.
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Daniel Rivera
โขThis is such a helpful summary! I was honestly getting pretty anxious reading all the conflicting news reports about what's happening at the IRS. Your point about the media sensationalizing administrative changes really resonates - it's easy to get caught up in the headlines and forget that the actual tax laws haven't changed at all. I think I was making this way more complicated in my head than it needed to be. The constitutional explanation about only Congress being able to change tax rates was especially clarifying for me as someone who doesn't have a legal background. Thanks for helping put this all in perspective!
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PixelPrincess
This is exactly the kind of practical advice we need right now! I've been following this thread since the beginning and was initially pretty worried about the whole situation. Like many others here, I was getting caught up in all the news coverage and starting to panic about whether I should change my tax strategy. What really helped me was seeing the progression of comments from people who were skeptical but then actually took steps to get verified information - whether through the AI tax tools, speaking directly with IRS representatives, or getting clarification from the tax attorney. It's a good reminder that when we're uncertain about something this important, the best approach is to seek out authoritative sources rather than just worrying. The constitutional point about Congress being the only body that can change tax law was particularly eye-opening. I honestly didn't know that before reading this discussion. It makes the whole situation much less scary when you understand that administrative restructuring literally cannot change what you owe in taxes. Thanks to everyone who shared their experiences and expertise. This thread turned what felt like a confusing crisis into a much clearer understanding of how our tax system actually works.
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Mia Green
โขCouldn't agree more! As someone new to this community, I've been lurking and reading through all these tax-related discussions with growing anxiety about the IRS situation. This whole thread has been incredibly educational - I had no idea about the constitutional separation between administrative changes and actual tax law changes. What really stands out to me is how this conversation evolved from panic to practical solutions. Seeing people actually take action to get verified information rather than just speculating was really inspiring. I'm definitely bookmarking some of the resources mentioned here, especially the AI tax tool and the IRS callback service. Thanks to everyone who shared their knowledge and experiences. It's reassuring to find a community where people help each other navigate these confusing situations with facts instead of fear!
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