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Don't forget to check if your daughter qualifies for the Child Tax Credit! There are special rules for children who are non-resident aliens. If she has an ITIN and meets the other tests, you might still qualify for the credit even if she lives abroad.
I went through this exact same situation a couple years ago! Here's what I learned that might help you: Since you're a resident alien and your wife can elect to be treated as one for tax purposes, you're on the right track with married filing jointly. For your daughter, even though she's a nonresident alien, you can still claim her as a dependent if she meets the qualifying child or qualifying relative tests. The key thing to know is that for qualifying children, they need to be US citizens, resident aliens, nationals, OR residents of Canada/Mexico. If your daughter doesn't fall into those categories, you might still qualify under the qualifying relative rules. You absolutely can get an ITIN for her using Form W-7. I'd recommend working with a Certifying Acceptance Agent if possible rather than mailing original documents - it's much safer and faster. One heads up though - while you can claim her as a dependent for the dependency exemption, she won't qualify for the Child Tax Credit since that requires US citizenship or resident alien status. But the dependency deduction itself can still provide significant tax savings. Make sure you have all her documentation ready (birth certificate, proof of relationship) and get any foreign documents certified and translated if needed. The whole process took about 10 weeks for us during non-peak season.
This is really helpful, thank you! I'm dealing with a similar situation and had no idea about the Certifying Acceptance Agent option. Is there a way to find these agents in my area? Also, when you mention the dependency deduction - I thought that was eliminated with the Tax Cuts and Jobs Act? Are you referring to something else, or has that changed recently?
This is such a common situation for unmarried couples with kids! From what you've described, it sounds like your boyfriend would likely be the better choice to claim your child since he has the higher income and provides the financial support. The IRS tiebreaker rules for unmarried parents living together typically favor the parent with higher AGI. However, don't overlook the Earned Income Credit (EIC) - even with your lower income of $27k, you might still be eligible for EIC if you claim your child, and sometimes that can be more valuable than the Child Tax Credit your boyfriend would get. The EIC is specifically designed to help lower-income working families and phases out at higher incomes. My suggestion would be to use tax software or consult a professional to run both scenarios - him claiming vs you claiming - and see which gives your household the better overall refund. Sometimes the math isn't as obvious as it first appears, especially when factoring in all the different credits and filing statuses available to each of you. Also keep in mind that whichever one of you doesn't claim the child will need to file as Single rather than Head of Household, so factor that into your calculations too. Good luck navigating your first tax season as parents!
This is really helpful advice! I'm new to this community but dealing with a similar situation. Just wanted to add that when you're running those calculations, make sure to also consider the impact on your state taxes if you live in a state with income tax. Sometimes the federal benefits might favor one approach while the state benefits favor another. Also, if either of you contributed to a dependent care FSA through work (for childcare expenses), that could affect which filing approach makes more sense. The interactions between all these different tax benefits can get pretty complex!
As someone who's been through this exact situation, I completely understand your confusion! The good news is that you have some time to figure this out before next tax season. One thing I haven't seen mentioned yet is that you should also consider the timing of when you stopped working. Since you only worked part of the year and had relatively low income ($27k), you might be surprised at how the Earned Income Credit could work in your favor if you claim your child. The EIC is refundable, meaning you can get money back even if you don't owe any taxes, and it's specifically designed to help working parents with lower incomes. Here's what I'd recommend: Keep detailed records of who pays for what throughout this year - housing costs, childcare, medical expenses for your child, etc. This documentation will be helpful regardless of who ends up claiming your son. Also, since you're both new to this, consider using tax preparation software that can run "what-if" scenarios, or even better, consult with a tax professional for your first year filing with a dependent. The cost of professional advice is usually much less than the potential money you could lose by not optimizing your tax situation correctly. The most important thing is that only ONE of you claims your child - never both! That would definitely trigger an audit. But taking the time to figure out the optimal approach for your specific situation will be worth it in the long run.
This is excellent advice about keeping detailed records! I'm also new to filing with a dependent and hadn't thought about documenting who pays for what expenses throughout the year. One quick question - when you mention using tax software with "what-if" scenarios, are there any specific programs you'd recommend that are good at handling these kinds of unmarried parent situations? I've used basic tax software before but nothing that could really compare different filing strategies like this. Also, totally agree about only one person claiming the child - I've heard horror stories about couples accidentally both claiming their kid and dealing with IRS audits. Definitely want to avoid that mess!
I'm in the exact same boat as you! Still waiting on my 1095-A and getting more frustrated by the day. I called the Healthcare Marketplace last week and they told me there's been unusual delays this year due to "system updates" - whatever that means. The rep said they're prioritizing cases where people had mid-year coverage changes or income updates, which explains why some people are getting theirs while others aren't. She couldn't give me a specific timeline but said most should be available by the end of this month. One thing that helped me was setting up notifications in my marketplace account - you can get an email alert as soon as your 1095-A is posted online instead of constantly checking. At least that way I'm not refreshing the page ten times a day! Hang in there - we'll get through this tax season eventually. The wait is definitely more painful when you can see that refund just sitting there waiting for one stupid form.
Thanks for sharing that info about the system updates! That actually makes me feel a bit better knowing there's a real reason for the delays and it's not just me. I didn't know about the email notifications - just set that up in my account. Hopefully that'll save me from obsessively checking the site every few hours like I've been doing. It's so frustrating being this close to filing but stuck on one form. At least now I know others are in the same situation and there might be light at the end of the tunnel by month's end!
I've been dealing with this exact frustration! After waiting weeks for my 1095-A, I finally got some actionable advice from a tax preparer friend. If you haven't already, try calling the Marketplace early in the morning (around 8 AM EST) - the wait times are significantly shorter then. Also, if you had ANY changes to your policy during 2024 (income updates, address changes, family size changes, etc.), your form likely requires manual review which is causing the delay. The automated system can't process these cases and they have to be handled individually. One tip that worked for me: when you do get through to a representative, ask them to check if your form is "pending manual review" and if so, request they escalate it for processing. Don't just ask when it'll be ready - be specific about requesting escalation. I got mine released to my online account within 48 hours after making this request. The waiting game is brutal when you can see your refund just sitting there, but hang in there! Most people I know who were in similar situations got their forms within the last two weeks of February.
Pro tip: get your transcript instead of checking WMR. Way more accurate. If you need help reading it use taxr.ai - saved me hours of googling random codes
transcripts are still n/a for me. this whole process is so frustrating
Same here! Filed early January and got hit with the PATH delay message. From what I've read, if you claimed EITC or Additional Child Tax Credit, the IRS legally can't release your refund until after February 15th. It's supposed to protect against fraud but honestly just feels like we're being punished for claiming credits we're entitled to. At least now I know to expect my refund around late February instead of getting my hopes up checking WMR every day π
Sophia Nguyen
My correction took exactly 58 days to process in 2023, just shy of the 60-day estimate. You might consider requesting a taxpayer advocate if your PCS move creates a financial hardship. The criteria for hardship assistance includes imminent military moves where unresolved tax issues could cause significant difficulty. You'll need to complete Form 911 and provide documentation of your PCS orders. The advocate service can sometimes expedite processing in cases with firm deadlines like military relocations.
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Jacob Smithson
β’Have you ever wondered why the IRS gives these estimates that vary so wildly? I've helped several military families with this exact situation through the base financial readiness office. What works best is calling the Military Tax Expert Line at 1-866-562-5227 instead of the regular IRS number. They have special procedures for PCS situations and can often flag your correction for expedited processing. Wouldn't that be a better approach than waiting for the standard timeline?
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Emily Thompson
I'm dealing with a similar situation right now! Filed my amended return 3 weeks ago and the uncertainty is killing me. What really caught my attention was @Jacob Smithson mentioning the Military Tax Expert Line - I had no idea that existed! As someone who's also facing a PCS move, that sounds like exactly what I need. Has anyone else used that specific number? I've been calling the regular IRS line and getting nowhere. Also wondering if anyone knows whether the type of correction matters for processing time - mine was for unreported 1099-INT income, so hopefully that's on the simpler side?
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ElectricDreamer
β’@Emily Thompson I actually used that Military Tax Expert Line last year when I was dealing with a similar issue before my PCS to Germany! The wait time was much shorter than the regular IRS line - maybe 20 minutes instead of 2+ hours. They were super helpful and understood the urgency of military moves. For your 1099-INT correction, that s'definitely on the simpler side compared to things like Schedule C changes or major deduction corrections. Those usually process faster because they re'straightforward math adjustments. The agent I spoke with was able to put a note on my file about the upcoming PCS, though I m'not sure if it actually expedited anything. Worth a shot though - worst case you get the same timeline but with someone who actually understands military life!
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