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Ask the community...

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LunarEclipse

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The IRS will absolutely NOT apply refunds from outside the statute of limitations to current debt. I learned this the hard way. Spent $800 on an accountant to amend 3 years of returns, and they only processed the ones within the 3-year window. Complete waste of money for the older ones.

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Yara Khalil

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That's not entirely true. While the general rule is 3 years, there are exceptions that can extend it to 6 years or even longer. If the original return omitted more than 25% of gross income, the IRS allows a 6-year period to amend. Also, for bad debts or worthless securities, you get 7 years.

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I've been dealing with a similar situation for years and wanted to share what I learned from working directly with the IRS on this. The key thing everyone's touched on is correct - the 3-year statute is pretty firm, but there are a few nuances worth mentioning. First, definitely focus on any returns still within the 3-year window. The IRS will absolutely apply those refunds to outstanding balances, and it happens automatically in most cases. Second, if your dad is truly struggling with the $16,000 payment plan, don't overlook the hardship options. I ended up qualifying for Currently Not Collectible status when my income dropped, which paused my payments entirely. The IRS also has the Fresh Start program that can reduce penalties and interest significantly. One thing I wish someone had told me earlier - if he's been making consistent payments on the installment agreement, he might be able to renegotiate the terms to lower the monthly amount. The IRS is surprisingly flexible when you've shown good faith effort. The amended returns are definitely worth pursuing for the eligible years, but don't let that be the only strategy. Sometimes the bigger savings come from restructuring the existing debt rather than trying to reduce the principal balance.

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2 As someone with Chinese parents living abroad, one other thing to consider: check if you qualify for education credits like the American Opportunity Credit. Filing as independent means you can claim these credits yourself rather than your parents claiming them (which they couldn't do anyway if they don't file US taxes).

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10 Is there an income requirement to claim the American Opportunity Credit? I'm a student with minimal income besides what my parents send me. Would I still qualify?

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Emma Taylor

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Yes, you can still qualify for the American Opportunity Credit even with minimal income! The credit is actually partially refundable, which means you can get money back even if you don't owe any taxes. The income limits are quite generous - for 2023, the credit phases out between $80,000-$90,000 for single filers, so as a student you're almost certainly well below that threshold. You'll need Form 1098-T from your school showing qualified education expenses, and you can claim up to $2,500 per year for the first four years of post-secondary education. Since you're filing as independent, you claim it directly on your return rather than your parents claiming it.

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I'm in a very similar situation with my parents living in the UK - they're British citizens who don't file US taxes but support me financially while I'm in college here. Based on what everyone's saying, it sounds like I should also file as independent since they can't claim me on a US return that doesn't exist. One thing I'd add is to make sure you keep good records of any money transfers from your parents. I learned this the hard way when I got a letter from the IRS asking about a large deposit in my account. Even though it was just my parents sending tuition money, having documentation showing it was a gift/support payment (not income) was really important. A simple letter from your parents explaining the transfers can save you headaches later. Also, definitely look into those education credits that were mentioned - as an independent filer, you can claim them yourself and they can be substantial!

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Harold Oh

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Has anyone considered that the student loan situation might actually make MFS worth it despite paying more in taxes? My husband and I are in a similar situation with his medical school loans on SAVE plan, and we save about $9000 per year in loan payments by filing separately, even though we pay about $3500 more in taxes. OP should really calculate the full picture - if wife's loans are substantial and she qualifies for forgiveness in 4 years, filing separately and paying more in taxes might still be the better financial decision overall.

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Amun-Ra Azra

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This is so true! When we were on PAYE for my loans, we found that MFS saved us about $7k annually in student loan payments despite costing us $2k more in taxes. Totally worth it. But remember you lose some tax benefits with MFS - no student loan interest deduction, reduced IRA contribution limits, no education credits, etc. You need to weigh everything.

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Sarah Ali

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I went through almost the exact same situation last year - dual high incomes, mid-year job change, and a shocking $8k tax bill! Here's what I learned that might help: First, don't panic about the underpayment penalty. Since your wife started her job in May, you likely qualify for the "annualized income installment method" which can reduce or eliminate penalties when income is uneven throughout the year. File Form 2210 with your return. Second, regarding MFJ vs MFS with student loans - run the numbers both ways. We found that even though MFS cost us about $2,800 more in taxes, it saved us $8,400 annually in student loan payments under REPAYE (now SAVE). The net savings of $5,600 per year made it a no-brainer. For next year's withholding, definitely use the IRS withholding calculator or consider having extra tax withheld from the higher earner's paycheck. We now have an additional $300/month withheld to avoid surprises. One last tip - if you can't pay the full $10k by the deadline, set up an installment agreement immediately to minimize penalties and interest. The IRS is surprisingly reasonable about payment plans if you're proactive.

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Dmitry Popov

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Thank you so much for this detailed response! The annualized income installment method sounds exactly like what we need - I had no idea that existed. Since my wife's income was concentrated into fewer months, that could really help with penalties. Your numbers on the MFJ vs MFS comparison are really eye-opening. We haven't done the full calculation yet, but if the student loan savings are that significant, it might be worth the extra tax cost. Do you know if there are any online calculators that can help estimate the student loan payment differences between filing statuses, or did you have to calculate that manually? Also, regarding the installment agreement - is there a minimum monthly payment, or can you propose whatever amount works for your budget? $10k feels overwhelming as a lump sum, but spread over 12-24 months would be much more manageable.

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Mei Liu

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I'm so sorry for your loss, Natasha. Dealing with tax paperwork while grieving is never easy. The advice here is spot on - you'll sign YOUR name on the signature line, not your aunt's. Write "Personal Representative" in the occupation field, and make sure to write "DECEASED" with the date of death (November 2024) across the top of the form. Since you mentioned you weren't court-appointed but are handling her affairs as the only living relative, you should definitely include Form 56 with the return to notify the IRS of your fiduciary role. This protects you and establishes your authority to act on her behalf. For her final return, you'll report all income she received from January 1, 2024 through her date of death in November. The interest, pension, and Social Security income you mentioned will all go on the regular lines of Form 1040. If there's a refund due, you'll likely need Form 1310 to claim it since you're not a surviving spouse. Take your time with this - the IRS generally allows up to 3 years from the original due date to file a final return, so there's no need to rush and make mistakes. You're doing a loving thing by handling her final affairs properly.

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Liam Mendez

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This is really comprehensive advice, thank you Mei! I'm new to this community and dealing with my grandfather's final tax return. One thing I'm still confused about - if I need to file Form 1310 to get his refund, do I file that at the same time as the 1040, or do I wait until after the return is processed? Also, is there a specific deadline for filing the final return, or just the normal April 15th deadline that would have applied to him?

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Ethan Brown

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Hi Liam! You'll file Form 1310 at the same time as the 1040 - attach it to the tax return when you mail it in. Don't wait until after processing, as the IRS needs it to authorize releasing the refund to you as a non-spouse representative. For the deadline, the final return follows the same filing deadline that would have applied to your grandfather. So if he normally filed by April 15th, that's still the deadline for his final return (April 15, 2025 for the 2024 tax year). However, if you need more time, you can file for an extension using Form 4868, which gives you until October 15th to file the actual return. One important note - even though you have until the normal deadline to file, if there are any taxes owed, interest and penalties can still accrue from the original due date. So if you think taxes are owed, it's better to file sooner rather than later, or at least make an estimated payment by the April deadline. Hope this helps with your grandfather's return!

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I'm sorry for your loss, Natasha. Having handled my grandmother's final return last year, I understand how overwhelming this can feel when you're already dealing with grief. The key points others have covered are correct - you'll sign YOUR name on the signature line (not your aunt's), write "Personal Representative" in the occupation field, and mark "DECEASED" with her date of death at the top of the form. One thing I wish someone had told me earlier: keep detailed records of everything you do related to her estate, including copies of the tax return and any correspondence with the IRS. You might need these later for estate administration or if any questions come up. Also, since you mentioned she had Social Security income, be aware that if she received any Social Security payments after her date of death, those may need to be returned to the Social Security Administration. This is separate from the tax return but something to check on. The IRS has a helpful Publication 559 ("Survivors, Executors, and Administrators") that walks through all the requirements for filing a decedent's final return. It's available free on their website and really helped me understand the process when I was in your situation. You're doing the right thing by asking these questions and making sure everything is handled properly. Take it one step at a time.

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Sean Doyle

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Thank you for mentioning Publication 559 - that's such a valuable resource! I'm also dealing with a family member's final tax return and didn't know about this publication. Your point about Social Security payments received after death is really important too. I hadn't thought about that aspect. Do you know if there's a specific timeframe for returning those payments? And is it something the family needs to initiate, or does Social Security automatically detect it? Also, when you mention keeping detailed records for estate administration - are there any specific documents beyond the tax return copies that you found particularly important to keep? Sorry for all the questions, but this is all new to me and your experience sounds really helpful!

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Tyler Murphy

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Here's what's actually happening behind the scenes: After verification, your return goes into a secondary processing queue. Returns are batched weekly and assigned to processing teams. Current IRS backlog metrics show 5-6 weeks average processing time post-verification for e-filed returns, 7-8 weeks for paper returns. The 9-week estimate gives them cushion for complex returns. WMR updates lag behind actual processing by 3-7 days because it pulls from a different database that syncs on a schedule. Check your transcript every Thursday morning - that's when most updates happen due to the IRS weekly processing cycle.

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Emma Wilson

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Thanks for sharing those processing insights, Tyler. The Thursday update schedule is particularly helpful to know. I'm curious though - do you have any data on whether the processing time varies significantly between different IRS service centers? I've heard anecdotal reports that some locations process verification cases faster than others, but I'm wondering if there's any pattern to geographic processing differences. Also, for those tracking their cases, have you noticed if calling for status updates actually helps or potentially slows down the process? Some people swear by weekly check-ins while others say it's better to just wait it out.

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Caden Turner

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Great questions, Emma! From what I've observed in various tax forums, there does seem to be some variation between service centers. The Kansas City and Austin centers tend to process verification cases slightly faster (4-5 weeks average) compared to Fresno or Philadelphia (6-7 weeks). However, you can't control which center gets your return, so it's more of an interesting data point than actionable information. Regarding status calls - I've noticed that frequent calls (more than once every 2-3 weeks) can actually flag your account for additional review, which ironically slows things down. The IRS systems track call frequency, and too many inquiries can trigger manual review protocols. My recommendation? Check your transcript weekly but limit calls to once every 3-4 weeks max, and only if you're past their quoted timeframe.

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