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I went through this exact scenario last year! Got the notification from my tax software, never received a letter, but got my refund anyway. Step by step, here's what happened: 1. Filed in February 2023 2. Got software notification about identity verification needed 3. Never received a letter 4. Refund appeared in my account anyway in March 5. Called IRS in April just to be sure 6. They confirmed everything was fine - my identity had been verified through their automated system Fast forward to this year - filed my taxes with no issues at all! Sometimes the system works in our favor!
I've been through this exact situation twice now, and both times everything worked out fine! The IRS identity verification system has gotten much more sophisticated over the past few years. What likely happened is that their automated systems were able to verify your identity using data they already have on file - things like your previous tax returns, W-2 information, and other government records. The fact that your refund was deposited is actually the best indicator that everything is legitimate. The IRS is very cautious about releasing funds, so if they processed your refund, it means they're satisfied with the verification process. That said, I'd still recommend checking your IRS account transcript online at irs.gov just for peace of mind. It will show you the processing codes and confirm that your return went through normally. Given your health situation, I totally understand wanting that financial security - but you should be able to use that refund without worry!
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One thing I learned the hard way - make absolutely sure you specify the correct tax year when requesting the removal! My provider had a confusing form that made me think I was requesting removal for the correct year, but they processed it for the wrong year. Also, double check that the 1099-SA you receive next January actually shows distribution code "2" for excess contributions. Mine initially came with code "1" (normal distribution), which would have messed up my taxes completely. I had to request a corrected 1099-SA.
Good point about the distribution code! How did you get them to issue a corrected 1099-SA? Did you just call and ask, or did you need to provide documentation?
Great question about getting corrected 1099-SA forms! I had to call my HSA provider's customer service and explain that the distribution code was incorrect. They initially pushed back saying their system was right, but I had to escalate to a supervisor. The key was having documentation - I kept copies of my original excess contribution removal request form that clearly stated it was for excess contributions. I also referenced the specific IRS guidelines about distribution codes (Publication 969). Once I showed them the written request and cited the IRS rules, they agreed to issue a corrected 1099-SA. It took about 3 weeks to get the corrected form, so definitely don't wait until tax season to check this! I'd recommend reviewing your 1099-SA as soon as you receive it in January and calling immediately if the code is wrong. Also, for anyone dealing with this - save EVERYTHING related to your excess contribution removal request. Having that paper trail made all the difference when I needed to prove what I had actually requested.
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Quick question - my situation is different but related. My wife is not a US citizen yet (green card pending) but has an ITIN. Could I claim her as a dependent in this case? She made about $8k last year from a small business she runs.
No, you still cannot claim your spouse as a dependent even if they're not a US citizen. The same rule applies regardless of citizenship status - spouses are never dependents. However, you have a few options: you can file as Married Filing Jointly even if your spouse has an ITIN instead of a Social Security Number. Or you can file as Married Filing Separately. In some cases, you might qualify for Head of Household status if your spouse didn't live with you and meets certain other requirements.
I went through this exact same confusion when I first got married! The short answer everyone's given you is absolutely correct - you cannot claim your spouse as a dependent under any circumstances, regardless of income levels or who pays the bills. But here's what I wish someone had told me: before you commit to filing separately, make sure you're actually running real numbers. My husband and I were convinced filing separately would save us money our first year because he had student loans and I made significantly more. Turns out we were completely wrong! When filing separately, you lose access to so many tax benefits: - American Opportunity Tax Credit for education expenses - Lifetime Learning Credit - Child and Dependent Care Credit (if you have kids later) - Earned Income Credit - Student loan interest deduction (which sounds like it might apply to you) Plus the standard deduction rules can work against you. I'd strongly recommend using TurboTax to actually calculate both scenarios with your real numbers before deciding. The "common wisdom" about filing separately saving money for couples with different income levels is often wrong once you factor in all the lost credits and deductions. The tax code is designed to generally favor joint filing for married couples, which is why the spouse-as-dependent option doesn't exist - they assume you'll get better benefits filing together anyway.
This is really helpful advice! I'm also newly married and was leaning toward filing separately because my spouse makes way less than me. But reading about all these lost credits and deductions is making me reconsider. Quick question - when you say you were "completely wrong" about the savings, how much of a difference did it actually make? I'm trying to get a sense of whether we're talking about a few hundred dollars or something more significant. Also, did you end up using any of those online analysis tools people mentioned, or did you just run the numbers manually in your tax software? I'm definitely going to calculate both ways now before making a decision. Thanks for breaking down all those specific credits we might lose - I had no idea there were so many restrictions on married filing separately!
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One important detail nobody's mentioned yet: if your refund is being offset, you should receive a notice from the Bureau of the Fiscal Service (BFS) explaining which agency is receiving the money and their contact information. This notice typically arrives AFTER the offset has occurred, which is why checking your transcript is so important. Did you receive any correspondence from the IRS or BFS about potential offsets before filing?
According to 31 CFR § 285.5(d)(6)(ii), the creditor agency is required to send you a notice at least 60 days before the offset occurs, including the type and amount of the debt and your appeal rights. However, this applies to the initial notification when your debt first enters the TOP system, not necessarily each time a tax refund is intercepted. If you've moved since the debt occurred, you may never have received this notice.
IMPORTANT TIMING ISSUE: If you identify an offset on your transcript but believe it's incorrect, you have only 65 days from the date of the offset notice to request a review! Don't wait to take action if you see those codes appear. The TC 898 date starts your clock for disputing the offset even if you haven't received the official letter yet.
If you're planning for medical expenses and worried about offsets, I'd recommend checking multiple sources before counting on your refund money. Start with calling the Treasury Offset Program at 800-304-3107 (as Ava mentioned) - it's automated and quick. Then pull your transcript from irs.gov to look for those TC 898 codes. I learned the hard way last year that even if everything looks normal initially, offset codes can appear later in the process. For medical planning, it's better to assume the worst case scenario until you actually see the money in your account. The stress of unexpected financial changes when dealing with medical issues is awful - been there myself.
Zane Gray
3 Does anyone know if tax-loss harvesting would help in this situation? I have some underwater investments I could sell to generate losses. Would those offset the capital gains before determining what rate applies?
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Zane Gray
•14 Tax-loss harvesting is a great strategy here! Capital losses first offset capital gains of the same type (short-term losses against short-term gains, long-term losses against long-term gains). If you have excess in one category, they can offset the other category. The key thing for your question: losses reduce your total gains BEFORE the tax rate is applied. So if you have $380K in gains but harvest $80K in losses, only $300K would be subject to the capital gains tax rates. This would absolutely help reduce your overall tax bill by reducing the amount subject to the 15% rate. Just remember the wash-sale rule - don't buy back substantially identical investments within 30 days before or after selling for a loss.
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Sophia Miller
Great discussion everyone! One thing I'd add is the importance of considering the Net Investment Income Tax (NIIT) when planning large capital gains realizations. If your modified adjusted gross income exceeds $200,000 (single filer), you'll pay an additional 3.8% tax on investment income including capital gains. With the scenario described ($42K regular income + $380K gains + $63K dividends), you'd definitely hit this threshold and pay NIIT on the investment income portion. This effectively makes your capital gains rate 18.8% instead of 15% on most of those gains. It's another reason why spreading the sales across multiple years could be beneficial - you might be able to stay under the NIIT threshold in some years. Also worth noting that if you're subject to NIIT, it applies to the lesser of: (1) your net investment income, or (2) the amount by which your MAGI exceeds the threshold. So careful planning around that $200K line can make a real difference.
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