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Just a heads up, my cousin tried filing as MFJ without being legally married and got audited. The IRS made them refile separately and they had to pay about $4,200 in back taxes plus a 20% accuracy-related penalty on top. They also got flagged in their IRS account and have been getting more scrutiny on their returns for the last 3 years. The tax difference between filing properly vs improperly wasn't even worth the risk. Just get legally married if you want those MFJ benefits, or make sure one of you qualifies for Head of Household, which gets you some better tax breaks than just filing Single anyway.
Yep, can confirm this happens. I work at a tax prep office and see the aftermath of these situations regularly. The IRS has gotten much better at catching incorrect filing statuses with their data matching programs. They can cross-reference addresses, past filing statuses, and even state marriage records.
This is a really important question that comes up a lot. Just to add to what others have said - the IRS is very clear that your marital status for tax purposes is determined by your legal status on December 31st of the tax year. No exceptions for "basically married" situations, unfortunately. One thing I haven't seen mentioned yet is that if you do decide to get legally married before December 31st, you can file as MFJ for the entire year, even if you only got married on December 30th. That's something to consider if you're planning to get married anyway. Also, when filing as Head of Household, make sure you keep good records of your household expenses (rent/mortgage, utilities, groceries, etc.) to prove you paid more than half the cost of maintaining the home. The IRS sometimes asks for this documentation during audits. The penalties for filing incorrectly aren't worth the risk. Head of Household status will give you better tax benefits than Single anyway, and you'll avoid the stress and potential financial consequences of an audit.
This is really helpful advice! I hadn't thought about the documentation aspect for Head of Household. What specific records should we be keeping? Like do we need to save every grocery receipt and utility bill, or is there a simpler way to track that we're paying more than half the household costs? Also, since my girlfriend doesn't have income, does she even need to file a return at all? I know there are thresholds for when you're required to file, but I'm not sure how that works when someone has zero earned income but might still need to file for other reasons.
This is really helpful information everyone! I'm dealing with a similar situation where I need to understand my deceased uncle's financial situation for probate purposes. He lived in the US for about 10 years before passing away, and I'm his executor but live in Mexico. From what I'm reading here, it sounds like I definitely need his Form 1040 rather than just the W-2s his employer sent me. The estate attorney mentioned we need to account for ALL his income sources, and now I understand why - the W-2 would only show his job income, not any investments, rental properties, or other income he might have had. Does anyone know if there's a specific process for getting tax documents when you're handling an estate? I'm worried about the IRS phone situation that others mentioned - I can't afford to spend days on hold trying to get through to them.
For estate situations, you'll need to file Form 4506-T to request official tax transcripts from the IRS. As the executor, you have the legal authority to request these documents, but you'll need to provide proof of your appointment (like letters testamentary from the court). The tax transcripts will show you the complete picture - all income sources that were reported on your uncle's 1040, not just employment income. This is exactly what you need for probate since the court requires a full accounting of all assets and income. Based on what others mentioned about the IRS phone wait times, you might want to consider using that Claimyr service that @Connor O'Neill and @Keisha Robinson had success with. Getting connected to an IRS agent quickly could save you a lot of frustration, especially when dealing with estate matters from Mexico where international calling costs add up.
For estate purposes from Mexico, you're absolutely on the right track wanting the Form 1040 instead of just W-2s. As executor, you have legal authority to request tax transcripts using Form 4506-T, but there are a few important things to know: 1. You'll need certified copies of your letters testamentary or letters of administration from the probate court 2. Request Form 4506-T specifically for estates - it's slightly different from the regular version 3. Consider requesting transcripts for the last 3-4 years, not just the final year, as courts often want to see the complete financial history The IRS can mail transcripts internationally, but it takes 6-8 weeks. If you need them faster, you might need a US address for delivery. One tip: if your uncle had any business income (Schedule C), rental properties (Schedule E), or significant investments (Schedules B/D), those details will be crucial for the estate valuation. The probate court will want to see ALL income sources, not just his employment. Given the international complexity and time constraints of probate proceedings, getting connected to an IRS agent who can walk you through the estate-specific process could save you months of back-and-forth paperwork corrections.
This is incredibly detailed and helpful information, thank you! I had no idea there were estate-specific versions of the forms or that I could request multiple years of transcripts. The 6-8 week international mailing time is definitely a concern since the probate court has given me a timeline to complete the asset inventory. Do you know if there's any way to expedite the process beyond having them mailed to a US address? My uncle's neighbor offered to help receive mail, but I'm wondering if there are other options for getting the transcripts faster when you're dealing with estate matters and court deadlines. Also, your point about requesting 3-4 years of history is really smart - the court did mention they want to understand his overall financial situation, not just his final year. I hadn't thought about how rental properties or business income might complicate things, but now I'm realizing I need to be prepared for a much more complex financial picture than just his regular job.
Isn't this covered under Section 195 for startup expenditures? That's what I've used in the past when filling out the 4562 for similar costs.
Section 195 only applies to startup costs before you're actively in business. For established partnerships dealing with loan costs for property acquisition, Section 163 is generally more appropriate since these are considered business interest expenses.
Based on the discussion here, it sounds like Section 163 is the right approach for your loan acquisition costs. I went through something similar last year with our partnership's commercial property financing. One thing to double-check though - make sure you're distinguishing between different types of loan costs. Some costs like appraisal fees or environmental assessments might need to be capitalized into the property basis rather than amortized separately. The true financing costs (origination fees, points, etc.) are what go on the 4562 under Section 163. Also, just as a heads up, if any of those loan costs were paid by the seller on your behalf, those typically get added to your property basis instead of being amortized as financing costs. The IRS can be pretty specific about how these different costs are treated, so it's worth reviewing exactly what's included in your total. Good luck with the filing! The 4562 can be tricky but once you get the right code section it's much more straightforward.
This is really helpful clarification! I hadn't thought about the distinction between different types of loan costs. In our case, we have origination fees, points, and some legal fees that were directly related to securing the financing. But we also had an appraisal and environmental assessment that you mentioned. So just to make sure I understand - the origination fees and points would go on Form 4562 under Section 163 and be amortized over the loan term, but the appraisal and environmental costs would be added to the property's basis instead? That makes sense from an accounting perspective since those costs are more about the property itself rather than the financing. Thanks for pointing that out - I was planning to lump everything together which could have been a mistake!
Slightly off topic but related - I have 2 rental properties and use a property management company. Do the hours the property management company spends count toward the 250 hour requirement for the safe harbor? Or only hours I personally spend?
For the 250+ hour safe harbor, you can count hours spent by you, employees, contractors, and property management companies working on your behalf. So yes, your property management company's time would count toward the 250 hours. However, you would need documentation of those hours - most property management companies don't track their time in sufficient detail to satisfy the IRS requirements for the safe harbor. You'd need contemporaneous records showing dates, hours, and descriptions of all services performed.
I'm dealing with a similar situation with my rental property and wanted to share what I learned after researching this extensively. The key issue is that regular rental income from a single-family home typically does NOT qualify as QBI unless specific conditions are met. Based on my research and conversations with multiple tax professionals, here are the main ways rental income can qualify for QBI: 1. **Real Estate Professional Status** - You need to spend 750+ hours annually in real estate activities and more than half your working time in real estate trades/businesses. 2. **Safe Harbor Rule (Rev. Proc. 2019-38)** - You must spend 250+ hours annually on rental services, maintain separate books for each property, and keep detailed contemporaneous records. 3. **Self-Rental Exception** - When you rent to a business you materially participate in. 4. **Triple Net Lease Exception** - For certain commercial lease arrangements. Since you mentioned spending less than 50 hours annually on your property, none of these exceptions would apply to your situation. Your accountant may be applying outdated guidance or misunderstanding the current rules. I'd strongly recommend getting the specific tax code section your accountant is relying on. The QBI deduction is heavily scrutinized by the IRS, so you want to make sure any position taken has solid legal backing.
This is exactly the kind of comprehensive breakdown I was looking for! Thank you for laying out all the specific exceptions so clearly. It really helps to see them all in one place. Given that I'm nowhere near meeting any of these requirements (especially the 250+ hour safe harbor), I'm now confident that my rental income shouldn't qualify for QBI. I'm definitely going to ask my accountant which specific provision he thinks applies to my situation. Has anyone here had experience with the IRS challenging QBI deductions on rental properties? I'm wondering how aggressive they are about auditing these claims, especially if the position doesn't have solid backing.
Keisha Taylor
Great question about the 1095-A as a dependent! I ran into this exact issue. Even though you're claimed as a dependent, you still need to report the 1095-A information on your return using Form 8962. The key thing is that you'll likely need to "repay" any advance premium tax credits that were paid to your insurance company during the year, since as a dependent you're not eligible to receive those credits. Make sure you have the correct SLCSP (Second Lowest Cost Silver Plan) amount from your 1095-A - that's often where the software errors come from. If your software keeps giving you errors, double-check that you're entering the monthly amounts exactly as they appear on the form, including any zeros for months you weren't covered. The good news is that this situation is pretty common and the IRS system handles it routinely. Just make sure you file the form even if it results in owing money - not filing it when you received advance credits can cause bigger problems later.
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Yara Sayegh
ā¢This is super helpful! I'm dealing with the same 1095-A dependent situation and my software kept throwing errors about the SLCSP amounts. I didn't realize I needed to enter zeros for months I wasn't covered - I was just leaving those fields blank. Going to try entering the zeros and see if that fixes the error. Thanks for explaining the repayment part too, I was confused why I suddenly owed money when I thought the credits were supposed to help me!
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Connor O'Neill
The 1095-A dependent situation can be really tricky! I went through this last year and learned the hard way that timing matters a lot with these forms. Since you mentioned filing so close to the deadline, just wanted to add that if your return does get rejected due to 1095-A issues (which happened to my friend), make sure you act quickly during that 5-day grace period someone mentioned earlier. One thing that really helped me was calling the marketplace directly (not the IRS) to verify the SLCSP amounts on my 1095-A were correct. Sometimes there are errors on the form itself, and the marketplace can issue a corrected version if needed. This is especially important if you switched plans mid-year or had coverage gaps. Also, since you're being claimed as a dependent, make absolutely sure your parents aren't also trying to claim any premium tax credits related to your coverage on their return. That can create a nightmare scenario where both returns get flagged. Coordination is key! The payment timing advice everyone gave is spot on though - always pay by the deadline regardless of acceptance status. I learned that lesson the expensive way a few years back.
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Miguel Harvey
ā¢This is exactly the kind of coordination issue I was worried about! My parents mentioned they might have some credits related to my coverage, but we haven't compared notes yet. How do you figure out who should claim what? Is there a specific way to divide it up, or does one person have to claim everything? I'm stressed about accidentally creating a conflict between our returns, especially since I already filed and theirs might not be done yet.
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