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Should I file as Single or Married Filing Separately after getting married in 2022?

Hey everyone, I'm in a bit of a tax pickle and need some guidance! I'm 35F, got married in September 2022 and had our first baby in March 2023. Here's my situation: I've always claimed "0" on my W4 forms since I started working 18+ years ago and honestly didn't update my withholding or marriage status until the beginning of this year. (Cut me some slack - I'm juggling a demanding remote job where I'm basically doing the work of 3 people while taking care of a 14-month-old, so paperwork falls through the cracks sometimes lol). My tax history has been super consistent - I typically get around $1,300-$1,400 back every year. But these last two years have been totally different. For 2022, I had two jobs (both claiming "0") and somehow ended up OWING $900 to the IRS! Then for 2023, with just one job, if it weren't for the $2,000 Child Tax Credit, I would've owed $6! When using my tax software, it's telling me that since I'm married, I have to file as married - either joint or separate. But here's the weird part - when I file as married, I owe the IRS $6 (minus the child credit), but if I switch it back to Single, I get my usual refund PLUS the child credit. My question is: since I didn't change my W4 to reflect my marriage or new dependent for all of 2022-2023, can I file as Single? I know this probably sounds dumb, but my husband and I have completely separate finances. We don't mix money AT ALL. We split everything 50/50. The house is in his name, all utilities are in his name, and I handle all the non-home related bills. I'm basically losing over $1,300 if I file Married/Separate! Why?? I intentionally always claimed "0" so I'd overpay and never be in this situation. And yes, I did try our taxes as Joint just to see if there'd be any benefit - nope! He still gets a refund while I'm paying in. I don't get it. WHAT IS HAPPENING HERE?

This whole situation is exactly why the tax code needs to be simplified. It's ridiculous that getting married can actually increase your tax burden. I've been using a really thorough spreadsheet to project my taxes each year since getting married in 2021. I can share it if anyone wants it - it lets you compare Single vs MFJ vs MFS side by side so you can see the differences. The most important thing I learned is that withholding and filing status are completely separate things. You can have your employer withhold at the higher single rate even when you're married by completing your W4 correctly. This has saved me from owing at tax time.

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Ryan Andre

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I completely understand your frustration - this is such a common shock for newlyweds! The marriage penalty is real and hits hardest when both spouses earn similar incomes in certain brackets. Here's what's happening: When you were single, your income got its own trip through the tax brackets. Now married, even filing separately, the tax brackets for MFS are exactly half of the MFJ brackets - which often works out worse than the single brackets you used to enjoy. It's like the tax code is designed assuming married couples will always file jointly. A few practical things that might help: - Since you keep finances completely separate anyway, definitely run the numbers for both MFJ and MFS. Sometimes MFJ comes out better overall even if it feels wrong given your separate financial lives - The Child Tax Credit phases out at different income levels for MFS vs MFJ, which could be affecting your calculations - Consider having additional tax withheld from both your paychecks going forward (line 4c on the W4) to avoid this surprise next year The tax software is correct that you can't file as Single - your marital status on Dec 31st determines your filing options. But don't give up! Sometimes there are deductions or credits available to married filers that can help offset the penalty. Have you tried itemizing vs taking the standard deduction?

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Zara Khan

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Quick clarification question - I'm a US citizen working in Japan and visit home for about 3 weeks every Christmas. For Form 2555, do I need to prorate my foreign housing exclusion for those days I'm in the US, or can I claim the full amount?

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Ravi Kapoor

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You don't need to prorate your foreign housing exclusion for brief visits to the US. As long as you maintain your tax home in Japan and those visits are temporary, you can claim the full foreign housing exclusion amount you're eligible for. The housing exclusion is based on your housing expenses in Japan for the qualifying period, not on your physical presence every single day. Just make sure you're only claiming housing expenses for your residence in Japan, not any temporary accommodations in the US during your visits.

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Great question! As someone who's been helping expats with Form 2555 for years, I can confirm that you should use 365 days as your qualifying period. Since you've been a bona fide resident of Spain since 2012, your 22-day visit to the US for your mom's surgery doesn't disrupt that status. The key factors the IRS looks at for bona fide residence are: 1) Your permanent home is in Spain, 2) You have no definite plans to return permanently to the US, and 3) Your temporary visit had a clear purpose (family emergency) with intent to return to Spain. You're correctly reporting those US days in Part II Question 14 - that's just for documentation. But for your qualifying period calculation, you remain a bona fide resident for all 365 days of 2024. This means you can exclude the full amount of your foreign earned income (up to the annual limit), regardless of those 22 days spent in the US. The IRS Publication 54 specifically addresses this scenario. After 12+ years of residence in Spain, brief visits for family emergencies absolutely don't change your bona fide residence status. You're good to go with 365 days!

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This is really helpful! I'm in a similar situation - been living in Germany for 8 years but had to come back to the US for about 6 weeks last year when my dad was hospitalized. I was worried this might mess up my bona fide residence status, but it sounds like as long as I maintained my permanent home in Germany and intended to return (which I did), I should be okay to claim the full 365 days? Also, just to clarify - when you say we can exclude the "full amount" of foreign earned income, you mean up to the 2024 limit of $126,500, right? Not that the temporary US visit reduces that amount?

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Has anyone used TurboTax for reporting rental property sales? I'm in a similar situation and wondering if it handles depreciation recapture correctly or if I need to go to a professional.

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I used TurboTax last year for my rental property sale and it was decent. It asked all the right questions about depreciation and guided me through the process, but I still felt like I needed to double-check everything. The interface for entering improvement costs was particularly clunky. If your situation is pretty straightforward, TurboTax can handle it. But if you have lots of improvements or a complicated ownership history, might be worth paying a CPA for at least a review.

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Amina Diop

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One thing I haven't seen mentioned yet is the Net Investment Income Tax (NIIT). Since you're married filing jointly with income around $83k, adding the $255k capital gain will likely push you over the $250k threshold for NIIT. This means you'll owe an additional 3.8% tax on the investment income portion that exceeds the threshold. So in addition to the regular capital gains tax and depreciation recapture we've discussed, you'd be looking at roughly 3.8% on about $88k of the gain (the amount over $250k threshold), which is another $3,340 or so. Also, don't forget about state taxes if you're in a state that taxes capital gains. This can add significantly to your total tax bill depending on where you live. Make sure you're setting aside enough money - between federal capital gains, depreciation recapture, NIIT, and potential state taxes, you could be looking at a substantially higher tax bill than just the federal calculations alone.

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Wow, I completely forgot about the NIIT! That's a really important point. So if I understand correctly, with our $83k regular income plus the $255k capital gain, we'd have $338k total income, which means we'd owe the 3.8% NIIT on $88k (the amount over $250k). This is getting pretty complicated with all the different tax layers. Between the regular capital gains tax (~$31,500), depreciation recapture (~$11,250), and now NIIT (~$3,340), we're looking at close to $46k in federal taxes alone. And we're in California, so there will be state taxes on top of that. I think I definitely need to consult with a tax professional at this point. This is way more complex than I initially thought!

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Drake

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I'm currently going through this exact same situation! I noticed the 970 code appeared on my transcript about 10 days ago with absolutely no other information, and like many of you, I immediately started panicking about what it meant for my refund. Reading through all of these experiences has been incredibly reassuring - it's clear that getting just the 970 code alone is much more common than I thought, and most people seem to get resolution within 3-4 weeks. I was especially helpful to see the variety of reasons people got the code (education credits, identity verification, random reviews, etc.) because it shows that it's usually routine verification rather than a serious problem. I've been guilty of checking my transcript way too often (sometimes multiple times per day!), but based on everyone's advice here, I'm going to limit myself to checking once a week and just wait for the letter to arrive. It sounds like that's really the key - waiting for the IRS to tell you specifically what they need rather than trying to guess from the codes. Thanks to everyone who shared their timelines and outcomes - it really helps reduce the anxiety of not knowing what's happening with your refund!

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I'm in the exact same boat as you! Just found the 970 code on my transcript 3 days ago and have been frantically searching for answers. This thread has been a lifesaver - I had no idea this was so common! Like you, I've been obsessively checking my transcript multiple times a day, but after reading everyone's experiences here, I'm convinced that patience is really the key. It seems like the pattern is: 970 code appears → wait 2-3 weeks → letter arrives explaining what they need → quick resolution once you respond. I'm going to follow the advice here and limit myself to checking once a week. The waiting is brutal, but it sounds like we're both likely looking at resolution within the next few weeks. Thanks for posting - it's really comforting to know there are others going through this exact same situation right now!

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Carmen Ortiz

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I just wanted to add my experience to this thread since I went through the exact same thing about 4 months ago. The 970 code appeared on my transcript all by itself, and I was convinced something was seriously wrong with my return. After about 3 weeks of checking my transcript daily (which I don't recommend - it just increases the anxiety!), I received a letter asking me to verify some information about the Child and Dependent Care Credit I had claimed. Turns out they just wanted to confirm my daycare provider's information and the amounts I paid. I was able to respond to their request entirely online through the IRS website, and my refund was released exactly 7 days later. The whole process from when the 970 code first appeared to getting my refund took about 5 weeks total. What I learned from the experience is that the 970 code by itself really is just the beginning of their review process - it doesn't mean there's necessarily anything wrong. The specific reason for the review usually becomes clear when you get that follow-up letter. Try to be patient (easier said than done, I know!) and don't let it stress you out too much. Based on everything I've read here and my own experience, the vast majority of these situations resolve smoothly once you provide whatever information they're looking for.

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Esteban Tate

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Does anyone know if tax loss harvesting software actually helps avoid these wash sale problems? I've been looking at some of the robo-advisors that claim to do this automatically and wondered if its worth it.

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I've been using Wealthfront for about 2 years and their tax-loss harvesting has been pretty good at avoiding wash sales by using similar but not "substantially identical" securities. For example, they might sell a Vanguard S&P 500 ETF at a loss and buy an iShares S&P 500 ETF that performs similarly but isn't identical in the IRS's eyes. Just be careful if you're trading similar securities in other accounts they don't manage - that can still trigger wash sales they can't prevent.

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Arjun Patel

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I had a similar situation last year and it really threw me for a loop! Here's what I learned that might help: The wash sale disallowed amount ($3,400 in your case) doesn't mean you owe taxes on money you didn't make. It just means those specific losses can't be deducted this year. The key question is: are you still holding the replacement shares you bought within those 30-day windows? If yes, then those losses get added to your cost basis in those shares and you'll be able to claim them when you eventually sell (as long as you don't trigger another wash sale). If you actually sold everything by December 31st and your true economic loss for the year was $2,800, then that should be what shows up on your return. The problem might be that TurboTax isn't properly accounting for all your transactions or you might still be holding some replacement shares without realizing it. I'd recommend double-checking your year-end positions against all the trades that triggered wash sales. Sometimes people forget about partial sales or don't realize they're still holding shares that are preventing them from claiming the losses.

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This is really helpful, thank you! I think I might be in exactly this situation where I'm still holding some replacement shares without realizing it. When you say "partial sales" - do you mean if I sold part of my position but kept some shares? Because I definitely did that with a few stocks. Would those remaining shares prevent me from claiming the losses on the portions I did sell?

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Amara Okafor

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Yes, exactly! If you sold part of your position but kept some shares, those remaining shares are considered "replacement shares" for wash sale purposes. This means the losses on the shares you sold cannot be claimed if you're still holding any portion of the same stock within that 30-day window. For example, if you sold 100 shares of XYZ at a loss and then bought back 50 shares within 30 days (or were already holding some), the entire loss on those 100 shares gets disallowed and added to the basis of the 50 shares you're holding. To actually claim those losses, you'd need to sell ALL of your XYZ shares and wait at least 31 days before buying back in. This is one of the trickiest parts of wash sale rules that catches a lot of people off guard!

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