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Your roommate needs to file a 1040-X (amended return) immediately and pay back the extra refund he received from falsely claiming the dependent. He's committed tax fraud, plain and simple. The IRS matches Social Security numbers on tax returns, so they will eventually notice that this kid was claimed by someone with no relation and no history of claiming them before. They may also investigate whether the parent was involved in selling the dependent claim. Both your roommate and the neighbor could face serious consequences. In addition to penalties and interest, tax fraud can be prosecuted criminally with up to 3 years imprisonment for each false statement. The $400 payment creates evidence of willful intent to defraud, which makes it much worse.
What if the IRS doesn't catch it though? I know someone who did something similar years ago and never heard anything. Is it better to just leave it alone and hope they don't notice?
Absolutely not. The statute of limitations for tax fraud is generally 6 years, but can be unlimited in some cases. The IRS might not catch it immediately, but if they do later, the penalties will be much worse than if your roommate voluntarily corrects the mistake now. Think about it this way: If caught after the fact, it looks like intentional fraud. If he files an amended return now, it looks like he made a mistake and is correcting it. The IRS is generally more lenient with people who voluntarily disclose and fix errors versus those they catch through audits or investigations.
One thing nobody's mentioned yet - your roommate should NOT contact the neighbor about this! He needs to fix his return independent of whatever the neighbor does. Reaching out could be seen as conspiring to get stories straight, which makes everything worse. Also, your roommate should NOT spend that refund money! The IRS will want it back plus interest, and possibly penalties. He should set aside the entire amount related to the false dependent claim so he can return it when he files the amended return. The Earned Income Credit alone for falsely claiming a child can be thousands of dollars. The IRS specifically targets EIC claims for audits because it's so frequently abused.
Is there any parental relationship here at all? Like is it possible the roommate could qualify as a "caretaker relative" or something? Just wondering if there's any way to make this legitimate after the fact.
No, there's no way to make this legitimate after the fact. The roommate explicitly stated he's never even met this child and made a financial arrangement with the neighbor to claim them. To qualify as a dependent, the child must meet strict tests including the relationship test (biological child, stepchild, adopted child, or qualifying relative), residency test (lived with you more than half the year), and support test (you provided more than half their financial support). The roommate fails all of these tests. Even if he suddenly started providing support now, it wouldn't retroactively qualify him for the 2024 tax year he already filed for. The IRS looks at the actual facts during the tax year in question, not what happens afterward. This was a clear pay-for-dependent scheme, and there's no legitimate way to restructure it.
Have you checked if you qualify for "Currently Not Collectible" status? If youre truly in a financial hardship the IRS might temporary pause collections. You'd need to provide financial info on Form 433-F but it could stop the collections while you get back on your feet.
Currently Not Collectible saved me last year! But they do check your income periodically to see if your situation has improved. Also important to know it doesn't make the debt go away - interest and penalties still accrue.
OP, I've been through this exact nightmare and wanted to share what worked for me. First, breathe - your Friday paycheck should be safe from this specific levy as others mentioned. The IRS typically doesn't continuously drain accounts unless they issue multiple levies. Here's what I did when I was in your shoes: Call the IRS collections line (800-829-3903) first thing in the morning. Have your SSN, previous installment agreement details, and current financial info ready. Be honest about the job change and missed payments - they're surprisingly understanding when you're upfront about what happened. The key is to ask specifically to "reinstate" your installment agreement rather than starting fresh. This is usually faster than a new agreement. They may require you to make a payment while on the call to show good faith. Also, if you're truly strapped for cash right now, ask about Currently Not Collectible status while you're on the call. It's a temporary pause on collections that could give you breathing room to get back on your feet. One more thing - once you get back into an agreement, set up automatic payments immediately. Don't rely on remembering to make payments manually. Good luck!
Quick question about the mailing process - how do you actually submit 6 years worth of returns? Should I mail them all together or separately? I've heard mixed things.
You should mail each tax year in its own separate envelope. This reduces the chance of processing errors or returns getting separated. Make sure each return is complete with all supporting forms and documents, and write the tax year prominently on each return. I recommend sending them via certified mail so you have proof of delivery. If you owe money, include separate payment vouchers for each year rather than one combined payment.
Just to add another perspective on the 6-year requirement - while the IRS typically focuses on the last 6 years for compliance purposes, the specific years can depend on your situation. If you haven't filed any returns, they generally want 2018-2023 (counting back from when 2023 returns were due). However, if you filed some years but not others, they might focus on just the missing years. Also worth noting that if you had very low income (below the filing threshold) for certain years, you might not have been required to file at all - though you'd miss out on potential refunds like the Earned Income Tax Credit. Given that you mentioned mostly gig work around $25k annually, you were likely required to file (especially with self-employment income over $400), but you probably are due refunds for most years. I'd recommend starting with 2021-2023 since those are the only years you can still claim refunds for, then tackle the older years for compliance. Good luck with getting everything sorted before your mortgage application!
Has anyone tried just calling the SSA instead of the IRS? They have all the W-2 info too and sometimes their phone lines aren't as busy. Worked for me last year when I couldn't get my W-2 from a company that went out of business.
That's actually a really good tip! I tried this about 3 weeks ago and got through much faster than with the IRS. The SSA rep was able to give me my wage information, though they couldn't provide the exact federal withholding amount. Still gave me enough info to file Form 4852 with a pretty accurate estimate.
Don't panic - you're definitely not out of luck! Missing W-2s are more common than you think, especially from older jobs. Here's what I'd recommend doing in order of priority: 1. **Start with the IRS wage transcript** - This is your best bet. You can get it instantly online at irs.gov if you can verify your identity, or request it by mail with Form 4506-T. It'll show all the federal tax info that was reported on your W-2. 2. **Try contacting the restaurant** - Even with new ownership, they might have access to old payroll records or can direct you to whoever handled payroll back then. Sometimes the payroll company keeps records even after businesses change hands. 3. **Check your state tax agency** - They often have wage information too and sometimes their systems are easier to navigate than the IRS. 4. **Last resort: Form 4852** - If you absolutely can't get the actual numbers, you can file this substitute form with your best estimates based on your bank statements. Since you're dealing with a 2-year-old return, there's no rush penalty for filing late if you're owed a refund (which you likely are given your income level). But if you owe money, there could be penalties and interest, so it's good you're getting this sorted out now. The fact that you have your bank statements showing the net deposits is actually really helpful - it gives you a starting point for estimating your gross wages and withholding.
Maya Diaz
what tax software r u using? Some are better than others at catching these things before submission
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Kolton Murphy
โขusing TurboTax... maybe I should switch?
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Maya Diaz
โขTT is usually pretty good tbh. Might not be the software thats the issue
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AstroAlpha
Have you tried checking your IRS account transcript online? Sometimes there are discrepancies between what you think your prior year AGI was and what the IRS actually has on file. Also make sure you're using the EXACT amounts from your W-2 boxes - even a penny difference will cause rejection. The system is super picky about matching data precisely.
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