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Just checked and it's working for me now (4:30pm Eastern). Try again, they might have fixed whatever was causing the outage.
Glad to hear it's working again! For future reference, the IRS also has a "Where's My Refund" tool that sometimes works even when other parts of the site are having issues. You can also call their automated refund hotline at 1-800-829-1954 if the website is down - it's available 24/7 and usually more reliable than the web interface during peak times.
Don't forget about potential credits for taxes paid! When dealing with territorial income like this, you need to make sure you're not being double-taxed. If your clients paid any tax to Guam on their W-2GU income, they may be eligible for a foreign tax credit on their US return using Form 1116. I went through this with income from Puerto Rico last year. Even though Puerto Rico is a US territory, for tax purposes it's treated as a foreign jurisdiction in many ways. The same applies to Guam. Also, check whether there's any special treatment for moving expenses between a territory and the mainland. There used to be some deductions available for these situations that survived the 2018 tax law changes, but only for moves involving territories.
Isn't there some kind of exclusion for territorial income? I thought you didn't have to pay US federal tax on income earned in US territories like Guam if you were a bona fide resident there. Or does that not apply in this case since they were only there part of the year?
That's a good question! The income exclusion you're thinking of generally applies to bona fide residents of the territory for the entire tax year. Since these folks were only in Guam for part of the year (moved to Nevada in June 2023), they wouldn't qualify as bona fide residents for the full year. Part-year residents typically need to allocate their income based on where it was earned during different parts of the year. That's exactly what Form 5074 helps accomplish - it allocates income and tax between the US and the territory. For truly bona fide residents who meet all the requirements, you're right that there can be exclusions, but those rules are quite strict and require documentation of things like physical presence, tax home, and closer connection tests.
One important detail I don't see mentioned yet - when you're dealing with W-2GU forms, make sure to check if the employer properly allocated the income between Guam-source and US-source on the forms themselves. Sometimes employers in the territories don't correctly distinguish between income that's truly territorial versus income that should be reported as US-source (like for federal contracts or mainland-based work done while stationed in Guam). Also, since they only have Copy A available for one of the W-2GU forms, they should contact the employer to request the proper copies for filing. The IRS is pretty strict about having the correct document copies attached to paper returns, especially for territorial income situations that are already under closer scrutiny. Another tip: when you complete Form 5074, pay close attention to the income allocation dates. Since they moved mid-year (June 2023), you'll need to clearly document which income was earned during their Guam residency period versus their Nevada residency period. This timing can significantly impact the tax allocation between jurisdictions.
Have you checked if Form 8812 (Additional Child Tax Credit) was included with your return? That's the form that lets you get the refundable portion of the credit back even if your tax liability is lower than the full $2,000. Also, make sure they haven't confused the Child Tax Credit ($2,000) with the Credit for Other Dependents ($500). That happens sometimes when preparers aren't paying attention or if there's confusion about whether the child has a valid SSN.
I just checked my tax packet and don't see a Form 8812 anywhere! There's a 1040, Schedule EIC, and some schedules about our student loan interest, but definitely no 8812. Is that something I should specifically ask for?
Yes, absolutely ask about Form 8812! That's the Additional Child Tax Credit form and it's required to get the refundable portion of the Child Tax Credit. Without it, you might only be getting a portion of what you're entitled to. If your tax liability (the amount of tax you owe before credits) is less than $2,000, you need Form 8812 to claim the refundable portion. This form is what allows you to get money back even beyond what you paid in taxes. Take your documents back and specifically ask your preparer to check if you qualify for the Additional Child Tax Credit using Form 8812.
I had a December baby too and my preparer initially only gave me $500. When I questioned it, she realized she had checked the wrong box in the software that indicated my child didn't have an SSN! Double-check that your preparer entered your child's SSN correctly and selected that they lived with you for more than half the year (yes, even December babies count as living with you for the full year for tax purposes).
But how can a December baby count as living with you for half the year? That doesn't make any sense mathematically. Is this some weird tax loophole?
It's not a loophole - it's actually how the IRS rules work! For tax purposes, a child born at any time during the tax year is considered to have lived with you for the entire year. So even though your December baby was only physically with you for 11 days, the IRS treats it as if they lived with you for all 365 days of 2022. This is specifically stated in IRS Publication 972. The "more than half the year" test is automatically met for any child born during the tax year, regardless of the birth date.
Just want to add that this same thing happened to me with my grandmother's estate K-1. The big number in Box 11D is likely capital gains from property or investments the estate sold, and if the estate already paid taxes on it, it shows up on your K-1 but doesn't necessarily increase your tax burden. One thing to watch out for - depending on your state, you might need to make adjustments on your state tax return. My state wanted me to add back some of the estate income that was excluded from federal taxable income. Check your state's rules for K-1 income from estates.
Thanks for mentioning the state tax issue! I hadn't even thought about that. I'm in Illinois - do you know if they have specific rules about estate K-1 income? Should I expect my state refund to be different than what the dramatic federal change would suggest?
Illinois generally follows federal treatment for most estate K-1 items, but there can be differences. Illinois might require you to add back certain deductions or exclusions that were allowed federally. Your state refund will likely change in the same direction as your federal refund, but the magnitude might be different. The best approach is to check if your tax software has specific guidance for Illinois when entering K-1 information. There should be a state-specific section where you can verify how the K-1 income is being treated. For estate income specifically, Illinois generally respects the federal treatment of income that was already taxed at the estate level, but you'll want to make sure your software is handling any Illinois-specific adjustments correctly.
Has anyone run into issues with the IRS questioning large swings in refund amounts due to estate K-1s? I'm in a similar situation with my uncle's estate K-1 and I'm worried about audit risk. My tax preparer says it's fine but I'm still nervous.
That's reassuring, thanks. My K-1 is for about $75k in capital gains, so hearing that others have seen similar large swings makes me feel better. I'll definitely keep all the documentation organized. Do you think it's worth paying extra for audit protection from my tax software with these kinds of unusual forms?
Audit protection can provide peace of mind, but it's usually not necessary specifically for estate K-1s. These forms are well-documented and the IRS has clear guidelines for how they should be handled. With $75k in capital gains, as long as you're entering the information exactly as it appears on your K-1, you're in good shape. The bigger consideration is whether you're comfortable handling any correspondence yourself if questions do arise. Most audit protection services mainly provide representation and guidance, which you could also get from a tax professional if needed. Given that your tax preparer is already confident about the filing, you might be better off saving the audit protection fee and just keeping thorough records of your K-1 and any supporting documentation.
Paolo Romano
One more thing to consider - if you're filing the W7 because you're not eligible for a SSN, make absolutely sure that's correct. I spent months going through the W7 process only to find out later I was actually eligible for a SSN, which would have been much easier to get and use long-term. Worth double-checking with Social Security before going down the ITIN path!
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Maya Lewis
Great advice in this thread! I went through the W7 process two years ago and can confirm that order absolutely matters. Here's what worked for me: 1. W7 form on top (as mentioned) 2. Supporting identity documents attached to the W7 3. Tax return (1040) underneath everything 4. Any schedules or additional forms at the bottom One thing I didn't see mentioned - if you're married filing jointly and both spouses need ITINs, you'll need separate W7 forms for each person, but you can submit them together with one tax return. Just make sure each W7 has its own set of supporting documents. Also, pro tip: write "ITIN APPLICATION" in large letters on the outside of your envelope. It helps ensure your package gets routed to the right department at the IRS processing center. My accountant recommended this and I think it helped my application move through faster. Good luck with your application! The wait is frustrating but once you get your ITIN, future tax filings become much smoother.
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