


Ask the community...
Has anyone used the IRS's Interactive Tax Assistant for this question? It literally has a tool specifically for determining if you should file jointly or separately. Saved me tons of research time!
Just to clarify a key point that might be confusing from your question - married couples cannot claim each other as dependents, period. That's not an option available to you. Your only choices are filing jointly or filing separately. Given your situation (you made $7,800 as a student, husband made $65,000), filing jointly will almost certainly be better. Here's why: 1. **Higher standard deduction**: $27,700 for married filing jointly vs. $13,850 each if filing separately 2. **Education credits**: As a student, you'll likely qualify for the American Opportunity Credit or Lifetime Learning Credit, which are more beneficial (or only available) when filing jointly 3. **Income averaging effect**: Your low income will help bring down your combined tax rate The only scenario where filing separately might make sense is if one of you has significant student loans on an income-driven repayment plan, since those payments are based on income. But even then, you'd need to calculate whether the loan payment savings outweigh the tax benefits lost. I'd strongly recommend running the numbers both ways before deciding, but for most couples in your situation, joint filing saves significantly more money.
Your husband definitely made a mistake. My tax guy always says your tax status is based on your status on December 31st of the tax year. If ur married on that day, you're married for the whole year according to the IRS. He needs to file an amended return ASAP with the correct status. If you both file differently, it'll trigger automated flags in the IRS system and potentially lead to both returns being audited.
Thank you all soooo much for the advice! I talked to my husband and he was totally confused about the rules. He just assumed he could keep filing the same way as always. We're definitely going to file an amended return for him before I submit mine. Does anyone know how long we have to submit the amendment before it becomes a problem? We've been married less than a year and really don't want to start our marriage with tax drama!
Generally, you have 3 years from the original filing deadline to submit an amended return. But in your case, I'd do it ASAP before you file your return to avoid conflicting information going to the IRS. For 2023 taxes, you have until April 15, 2026 to amend, but waiting would be a bad idea. The sooner you correct it, the less likely you'll face penalties or interest if there's a difference in tax owed with the correct filing status.
This is exactly why I started using a professional tax preparer. The rules around filing status are so confusing especially with kids and marriage involved. The $300 I spend each year for professional prep has saved me thousands in avoided mistakes.
Do you have any recommendations for finding a good tax person? I'm using TurboTax but it doesn't really explain these marriage rules clearly.
I'd recommend looking for an Enrolled Agent (EA) or CPA who specializes in tax prep. You can search for EAs on the IRS website - they're specifically licensed to represent taxpayers before the IRS and usually know these tricky rules really well. For situations like yours with marriage and dependents, avoid the big chain tax places like H&R Block - they often use seasonal workers who might not catch these filing status issues. A good tax pro should have asked your husband about his marital status right away and flagged the HOH problem immediately. Also check if your employer offers any tax prep benefits - some companies partner with services that give employees discounted rates for professional preparation.
Don't wait for transcript updates - call the IRS verification hotline directly at 800-830-5084 to confirm your verification was processed correctly. Sometimes the online system doesn't sync properly, and you can lose weeks waiting for something that's stuck. Ask specifically if there are any other holds on your account besides the identity verification. If they say it's clear, request they expedite the release of your refund due to financial hardship if that applies to you.
I went through this exact process about 3 weeks ago and can share my timeline. After ID.me verification, it took exactly 9 business days for my transcript to show any movement. The key thing I learned is that the IRS systems update overnight, typically between 12am-6am EST, so checking first thing in the morning is most productive. One thing that helped me track progress was setting up IRS account notifications - they'll email you when there are transcript updates instead of you having to check manually every day. Also, don't panic if you see a 570 code appear first - that's actually a good sign that your verification went through and they're now processing your return. The 571 code (hold release) usually follows within 3-5 business days after that. My advice: check Wednesday and Friday mornings like Maya suggested, but don't stress about daily checking. The system will update when it updates, and constantly refreshing won't speed it up!
One thing to keep in mind is that you'll also need to make sure your S corp is paying you reasonable compensation through payroll (W-2 wages) if you're providing services to earn that 1099-NEC income. The IRS expects S corp shareholders who work in the business to take a reasonable salary before taking distributions. Since you're actively earning this income through your services, you can't just take it all as distributions - some portion needs to go through payroll with proper withholdings. This is a common oversight that can trigger IRS scrutiny.
Great question! Yes, you're handling this correctly. When the 1099-NEC is issued directly to your S corporation with the business name and EIN, that income should be reported on your Form 1120-S as business income. This is actually the proper way it should work once you've incorporated. One additional thing to consider - make sure you're tracking any business expenses related to earning that income so they can be deducted on the corporate return. Also, since you're actively providing services to earn this income, remember that you'll need to pay yourself reasonable compensation through payroll (W-2 wages) before taking any distributions. The IRS expects S corp shareholders who work in the business to receive reasonable W-2 wages for their services. It sounds like your clients are now properly issuing 1099s to your business entity rather than to you personally, which simplifies your tax situation going forward!
Great question! Reasonable compensation is typically based on what you'd pay someone else to do the same work in your geographic area and industry. There's no specific percentage rule - it's more about market rates. The IRS looks at factors like your role, responsibilities, hours worked, business profits, and comparable salaries for similar positions. For example, if you're doing work that would typically pay $60K annually in your area, that's probably a reasonable starting point for your W-2 wages, regardless of whether your S corp makes $80K or $200K. I'd recommend checking salary surveys for your industry, looking at job postings for similar roles, or consulting with a CPA who works with S corps. They can help you document the reasoning behind your compensation level, which is important if the IRS ever questions it. Better to be slightly conservative and defensible than to push the limits and face scrutiny later.
Great question about reasonable compensation! There isn't a specific percentage rule, but the IRS generally expects you to pay yourself what you would earn if you were an employee doing the same work. I usually look at salary surveys for my industry and consider factors like my experience level, geographic location, and the specific services I'm providing. A common approach is to research what similar professionals in your field earn as W-2 employees, then use that as your baseline. Some people aim for around 60-70% of net business income as reasonable compensation, but it really depends on your specific situation. The key is being able to justify your salary if questioned - save documentation showing how you determined the amount. You might want to consult with a tax professional for your first year to get the compensation structure set up correctly. It's one of those areas where getting it right from the start can save you headaches later!
Owen Jenkins
Does anyone know if there's a time limit for claiming FICA refunds in this situation? I had to repay some bonus money from 2019 back in early 2022, but I'm just now learning I could've claimed the FICA taxes back.
0 coins
Lilah Brooks
โขYes, there's a statute of limitations. You generally have to file Form 843 within 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later. So for 2019 taxes filed in 2020, you should still be within the window if you act quickly!
0 coins
Brielle Johnson
This thread has been incredibly helpful! I'm dealing with a similar situation where I had to repay about $8,000 in wages from 2021. Based on what everyone's shared, it sounds like my first step should be contacting my former employer's payroll department to request the FICA refund directly. If that doesn't work out, I'll need to file Form 843. Quick question though - when calculating the FICA refund amount, do I need to include both the employee and employer portions, or just what was withheld from my paychecks? The employer matching contributions weren't technically "my" money to begin with, so I'm not sure if those are recoverable through this process. Also, has anyone had success getting their former employer to cooperate on this? I'm wondering if there's a specific way to approach them that's more likely to get results.
0 coins