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Have you looked into Innocent Spouse Relief? It might not apply exactly to your situation since it's usually for when a spouse made errors or omissions on a joint return, but worth investigating. The IRS has Form 8857 for requesting this. Also, just curious - did your spouse ever file for any kind of visa or green card when you got married? If so, that paperwork might have enough identifying info that you could use for the ITIN application without needing new documents from them.
I hadn't considered Innocent Spouse Relief - I'll look into that, though I'm not sure if it applies since we haven't filed jointly before. Yes, we did start the green card process, which is why I know they don't have an ITIN or SSN. I'll have to dig through those old immigration papers to see what identifying documentation I might have access to. That's a really good point - there might be copies of their passport or birth certificate in those files that I could use for the ITIN application.
Innocent Spouse Relief might not be the best fit then, since it's mainly for situations where you've already filed jointly. But definitely check those immigration papers! They often include copies of birth certificates, passports, etc. - exactly what you'd need for an ITIN application. Also, don't forget that if you do manage to get the documentation you need, you can file Form W-7 (the ITIN application) attached to your tax return. You don't need to wait for the ITIN to be issued before filing your return. This is a common scenario for non-resident spouses.
Just to add another perspective - if you can't get the ITIN situation figured out, there are still ways to minimize the tax hit from filing MFS. Make sure you're maximizing all available deductions and credits that you're eligible for under MFS status. Look into whether you qualify for the Saver's Credit, education credits if applicable, or if you have any business expenses that could be deducted. Sometimes the difference between MFJ and MFS can be reduced significantly through careful planning.
Education credits are explicitly not allowed for MFS filers, unfortunately. I learned that the hard way last year. There are actually a ton of credits you can't get with MFS status, which is why it's usually so much worse than MFJ or HoH.
You're absolutely right about education credits - that was my mistake. MFS really does limit a lot of beneficial credits and deductions. The Child and Dependent Care Credit is also reduced or eliminated, and you can't take the student loan interest deduction either. @98d86f6187b5 Given all these limitations with MFS, it really makes pursuing that ITIN application even more worthwhile if you can gather the documentation from your old immigration paperwork. The tax savings from being able to file MFJ could be substantial, especially since your spouse had no US income to complicate things.
Depends on if you got any 'special' codes. Mine got the infamous 570 and now im stuck in verification hell
Been in the same boat! Filed 2 weeks ago and just got my first transcript update yesterday. Like others said, Friday mornings seem to be when most updates happen. Don't stress too much about checking daily - the IRS moves at their own pace regardless of how often we refresh that page š
Do you know the total amount of gifts your aunt gave throughout her lifetime? The lifetime exemption is pretty high (over $12 million), but if she was very wealthy and had already used up a lot of her exemption, it could affect the tax situation for her estate.
I really don't know how much she gave in her lifetime. She wasn't super wealthy or anything - she was a retired school teacher, but she was really good with saving and investing. This gift to me was about $22,000, which I know is over the annual limit. I don't think she made many other large gifts that I know of, but I'm not 100% sure.
Since you mentioned your aunt was a retired teacher who was good with saving and investing, it's very unlikely she exceeded the lifetime gift and estate tax exemption. Even if she made occasional large gifts over the years, the current exemption is $13.61 million per person for 2024 (and will be even higher for 2025), so most people never come close to owing actual gift tax. As the executor, you'll want to look through her financial records to see if she ever filed Form 709 in previous years - that would tell you if she made other large gifts that used up part of her exemption. But honestly, with a $22,000 gift being notable enough for you to worry about, it sounds like she probably stayed well within the exemption limits. The main thing is just making sure you file that Form 709 for the year she made the gift to you, even if no tax is actually owed. It's more about proper documentation than owing money to the IRS.
Has anyone considered the gift tax implications here? If your father transfers the house to you while he's alive, that's considered a gift and could trigger gift tax issues depending on the value.
This is an important point! I went through something similar. If the house is worth more than the annual gift tax exclusion (currently $17,000), your father would need to file a gift tax return. It probably wouldn't result in actual tax due because of the lifetime exemption (which is over $12 million now), but the paperwork is required. Also, when you receive the house as a gift, you take on your father's "basis" in the property for capital gains purposes. But if you inherit after death, you get a "stepped-up basis" to the fair market value at date of death, which could save you a ton in capital gains tax if you ever sell.
This is such a complex situation, and I really feel for you dealing with all these moving pieces at once. Based on what others have shared here, it sounds like getting clarity on the actual status of those liens should be your first priority. Since the liens are supposedly past the 10-year mark but still showing up, there might be some administrative issues that need to be resolved. As others mentioned, the IRS can extend or refile liens in certain circumstances, but they also sometimes fail to properly remove expired ones from county records. One thing I haven't seen mentioned yet is that you might want to order a complete title report from a title company rather than just having your real estate agent check. Title companies have access to more comprehensive records and can often spot discrepancies that might not show up in a basic search. Also, since this property is currently in your father's trust, you'll want to make sure any transfer strategy aligns with the trust documents. Sometimes trusts have specific provisions about how debts and liens are handled that could affect your options. The timing question is really important too - inheriting vs. receiving as a gift has very different tax implications as others have pointed out. You might benefit from consulting with both a tax professional AND an estate planning attorney to make sure you're considering all angles before making this decision.
Freya Christensen
Don't overthink this! Just split the difference by claiming "single, 0 dependents" on both jobs and adding extra withholding on the higher paying job. I did this for years and it worked fine. The tax brackets jump pretty significantly around 100k so having both jobs pushes you into higher rates that neither job accounts for alone.
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Axel Bourke
I went through this exact same situation last year with two jobs totaling around $140k, and I can definitely relate to the stress! Here's what worked for me: The key thing to understand is that each employer calculates withholding as if their job is your only income. So with $73k + $64k, you're actually in a much higher tax bracket than either employer realizes. I ended up using the IRS Tax Withholding Estimator (it's free on irs.gov) and it was actually pretty accurate despite seeming complicated at first. For your income level, you'll likely need to have additional withholding from one job - probably around $400-500 per month based on my experience. In ADP and Workday, look for these sections: - Step 2(c): Check the "Multiple Jobs" box on BOTH forms - Step 4(c): Add the extra withholding amount on your HIGHER paying job only Don't add extra withholding to both jobs or you'll way overwithhold. I made that mistake initially and got a huge refund, which isn't ideal either. If the online tools are still confusing, honestly your HR departments should be able to help you navigate their specific systems. Most have dealt with this before since multiple jobs are pretty common now. You've got this! Better to figure it out now than get surprised at tax time.
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