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Quick question - has anyone dealt with this situation but with kids involved? We're in the same boat (spouse waiting for SSN) but we also have two children from my spouse's previous marriage who are also in the green card process. Can we claim them as dependents without SSNs? Or do we need to wait until everyone has their numbers?
For dependent children without SSNs, you'll need to apply for ITINs for them separately if they don't qualify for SSNs yet. Unlike your spouse who has a pending SSN application, dependent children need either an SSN or ITIN to be claimed on your tax return. You can submit Form W-7 (ITIN application) along with your tax return for each child. Include documentation proving their identity and foreign status (like passports). This is different from your spouse's situation because you're not filing jointly with your children - you're claiming them as dependents, which has different requirements.
I went through this exact situation two years ago! You absolutely can file married filing jointly even without your spouse's SSN. Here's what worked for me: 1. File a paper return (no e-filing option in this case) 2. Write "Applied For" in the SSN field for your spouse 3. Attach a statement explaining that your spouse has applied for an SSN through the green card process and is awaiting issuance 4. Include a copy of any USCIS receipt notices showing the SSN application was submitted The key thing to remember is that you'll still get all the married filing jointly benefits - higher standard deduction, better tax brackets, etc. The downside is that processing will take longer (expect 8-12 weeks instead of the usual 2-3 for e-filed returns). Once your wife gets her SSN, you don't need to amend anything. Just call the IRS to provide the new number so they can link it to your return. This prevents any future correspondence issues. Don't stress too much about it - the IRS is used to handling these situations with immigration cases. Just be thorough with your documentation and you'll be fine!
My parents pulled this same garbage with me. Here's what I learned: If you're under 24 and a full-time student, they CAN legally claim you as a dependent, BUT that doesn't mean they own your refund!! The refund is based on YOUR income and YOUR withheld taxes. Next year, file your own taxes ASAP before your parents can. You can still mark that "someone can claim you as a dependent" but YOU control where the refund goes. For this year, unfortunately, it might be a matter of family negotiation rather than legal action. The IRS won't get involved in family disputes even if you're technically right.
This is the correct answer. I work part time at an accounting office during tax season and see this all the time. Parents think that claiming their kid as a dependent means they're entitled to the kid's refund too, but that's not how it works.
I'm really sorry you're dealing with this frustrating situation. As others have mentioned, legally that refund belongs to you since it's from taxes withheld on YOUR earnings. Being claimed as a dependent doesn't give your mom ownership of your refund. That said, since she already has the money deposited in her account, your best options are probably: 1) Having a calm conversation about splitting it fairly - maybe contributing some toward household expenses but keeping money for your textbooks and car repairs, or 2) Making sure you file your own taxes next year before she can. For next year, open your own bank account if you don't have one already, and file as soon as you get your W-2. You can still check the box that says someone can claim you as a dependent, but YOU control where your refund goes. I know it's tough when it's family, but you worked for that money and you deserve to have control over it. Try approaching the conversation from a "fairness" angle rather than making it confrontational - maybe suggest keeping 60-70% for your school/car needs while contributing the rest to household expenses.
dont forget to consider if either of u contribute to 401ks or hsas!!! that can change your withholding needs a LOT. made this mistake last yr after getting married. we both checked the box in step 2c but didn't account for our 401k contributions. ended up with a $3200 refund which was way too much money being held all year.
This is such a good point! Pre-tax deductions make a huge difference. My husband and I both max out our 401ks and have an HSA, and we actually needed to REDUCE our withholding from what the standard calculations suggested.
Great thread everyone! As someone who works in tax prep, I wanted to add a few practical tips for newly married couples: 1. **Timing matters** - If you got married late in the year (like November/December), your withholding for that year might already be mostly locked in. You'll want to be extra careful about 2025 planning. 2. **State taxes too** - Don't forget that some states have different rules for married couples. If you live in a state with income tax, make sure your state withholding is also adjusted accordingly. 3. **Quarterly check-ins** - I always tell my clients to review their withholding after each quarter, especially in their first year of marriage. Look at your paystubs and estimate where you'll land for the year. It's much easier to make small adjustments than to get hit with a big surprise in April. 4. **The "marriage penalty"** - For couples with similar incomes like yours ($62k and $58k), you might actually benefit slightly from being married (marriage bonus), but the withholding tables don't always account for this perfectly. The IRS estimator is definitely your best bet, but if the tech solutions others mentioned work for you, that's great too. Just make sure whatever method you use accounts for ALL your deductions - 401k, health insurance premiums, HSA contributions, etc.
Random question - has anyone used the new safe harbor for small rental activities? I think if your adjusted basis in the property is under a certain amount, you can potentially avoid some of the passive activity loss limitations. Worth looking into maybe?
I believe you're thinking of the small taxpayer safe harbor under the repair regulations (Revenue Procedure 2019-43), which allows certain taxpayers to deduct rather than capitalize expenses up to the lesser of $10,000 or 2% of the unadjusted basis of the building. This doesn't bypass passive activity loss rules though - just affects what can be immediately expensed vs depreciated.
One thing that might help clarify your situation - since you mentioned this is through an LLC partnership, make sure you understand your ownership percentage and how that affects the losses flowing through to you personally. If you're not a 100% owner, your K-1 will only show your proportionate share of the $38,000 in renovation expenses. Also, keep detailed records of any time you spend managing this rental property (even during renovation phase) - hours spent coordinating contractors, researching materials, visiting the property, etc. This documentation becomes crucial if you want to qualify for the active participation exception or potentially the real estate professional status in future years. The fact that you haven't had tenants yet doesn't disqualify you from the rental activity treatment, but it does mean you'll want to be extra careful about demonstrating that this is indeed intended as a rental business and not just a personal investment that might be reclassified by the IRS.
Lucas Parker
Pro tip: Keep checking your transcript every Tuesday and Friday morning. Thats when they usually update the system
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Logan Stewart
β’thanks for the tip! didnt know that
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Aisha Abdullah
Just went through this exact same situation last year. Filed my amendment in August and the "Where's My Amended Return" tool showed that same "currently unavailable" message until January. What really helped me was setting up alerts on my IRS account to get notified when anything changed on my transcript. Also, if you have a local Taxpayer Advocate Service office, they can sometimes help if you're past the 16-week mark and experiencing hardship. The wait is brutal but hang in there - it will eventually get processed!
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