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To answer your original question directly - no, you generally cannot claim someone as a dependent who became your spouse after the tax year ended. The relationship status is determined as of December 31, 2024. For immigration purposes, this could create inconsistencies in your story. What your lawyer might be trying to do (though incorrectly) is establish that you were financially supporting your wife before marriage, which can be helpful for immigration. But there are better ways to document this than potentially filing an incorrect tax return. Keep in mind that when USCIS reviews your green card application, they're looking for a consistent narrative. Tax returns that don't align with your claimed relationship status could raise questions.
Thanks for the clear explanation. My gut was telling me this didn't sound right. I'm definitely going to get a second opinion from a tax professional before filing. Do you think I should tell my immigration lawyer about these concerns or just quietly get tax advice separately?
I would absolutely discuss your concerns with your immigration lawyer, but frame it constructively. Perhaps say something like, "I've been researching the tax implications, and I understand that dependent status vs. marital status on tax returns can be scrutinized during the immigration process. Can we discuss how to properly document our financial relationship without potentially creating inconsistencies?" This approach acknowledges your lawyer's expertise in immigration while opening the door to correcting any tax misunderstandings. Also, it would be very helpful to consult with a tax professional who has experience with immigration cases specifically. They can often provide documentation that satisfies both IRS requirements and supports your immigration case appropriately.
Something nobody mentioned yet - even if your wife technically qualified as a dependent for 2024 (which is questionable), claiming your stepson would be another hurdle. Before your marriage, he would have no legal relationship to you that would qualify him as your dependent unless you provided over 50% support AND he lived with you for the entire year AND he's under 19 (or 24 if a student).
Just be careful about intentionally overwithholding too much. While it's perfectly legal to request additional withholding on your W4, the IRS doesn't like it when people use them as a forced savings account. In extreme cases, they may send your employer a "lock-in letter" that restricts your ability to adjust your withholding if they think you're having too much withheld. This usually happens when the withholding seems unreasonable compared to your expected tax liability. At your income level with 3 kids, a $12k refund is probably pushing it, but should be okay. Just something to be aware of.
I didn't know the IRS could restrict your withholding choices! Has this happened to you or someone you know? How extreme would the withholding need to be for them to do this?
It's never happened to me personally, but I've seen it happen to a colleague. In their case, they were having about 50% of their check withheld when their actual tax liability would have only required about 15-20%. The IRS typically only issues lock-in letters when there's a significant discrepancy. For your situation, wanting a $12k refund on $150k income with 3 kids isn't extreme enough to trigger concern. It would be more problematic if you were trying to have, say, $40k withheld when your likely tax liability is only $15k. They generally don't mind reasonable overwithholding - many people use tax refunds as a savings method.
Homeschooling parent here! While homeschooling doesn't give you federal tax benefits directly, don't forget to keep track of your homeschooling expenses for other potential benefits: 1. Some states offer tax credits or deductions for homeschooling expenses 2. Certain educational expenses might qualify for the Lifetime Learning Credit 3. If you have a 529 plan, some homeschool expenses may qualify (rules changed in 2018) 4. If you run a home business related to your homeschooling, some expenses might be deductible None of this directly affects your W4 withholding question, but since you mentioned homeschooling, I thought this might be helpful additional info!
Do you know which states offer tax benefits for homeschooling? I'm in Illinois and considering homeschooling next year.
Illinois doesn't currently offer specific tax benefits for homeschooling expenses, unfortunately. States that do include Louisiana (deduction up to $5,000), Indiana (deduction up to $1,000 per child), Minnesota (education tax credit), and a few others. Even without state-specific benefits, don't forget about potential federal benefits like the Lifetime Learning Credit depending on how you structure your homeschooling program. Some families also set up small educational businesses alongside their homeschooling which can provide some tax advantages if done properly.
Another thing to watch out for with 402G excess contributions - if you had them distributed after April 15th of the following year, the rules are completely different. In that case, you'd actually be taxed TWICE on the excess amount (once in the original contribution year and again when distributed) plus potential 10% early withdrawal penalties. You did the right thing getting the excess returned before the deadline. Just make sure when you enter the 1099-R in your tax software that you properly identify it as a return of excess contributions so it gets the correct tax treatment.
Is there a specific form or worksheet we need to include with our tax return to explain the 402G excess contribution correction? I've entered everything in TurboTax but want to make sure I have proper documentation if I get audited.
There's no additional form you need to file with your return for 402G excess distributions. The 1099-R with code "E" is sufficient documentation. TurboTax should handle the calculations correctly when you identify it as a return of excess contributions. The software will automatically exclude the principal amount from taxation while including the earnings portion as income for the year you received the distribution. If you're concerned about documentation, you could print out the 1099-R and keep it with your tax records, along with any communication from your plan administrator about the excess contribution removal.
Has anyone actually had the IRS question their handling of 402G excess contributions? I'm wondering if this is something they typically flag for review or if it's pretty routine for them.
I had this exact situation with a $490 excess contribution in 2022, and I received a notice from the IRS about a year later asking for clarification. I sent them a copy of my 1099-R showing code E and a letter explaining the situation, and they accepted it without any issues. I think what happened is their automated system initially flagged it as potentially unreported income.
Tax Topic 151 can be triggered by a number of things beyond just foreign property sales. The IRS has several automated systems that flag returns for review, including: 1. Discrepancies between income reported on your return vs. what employers/banks reported 2. Claimed credits or deductions that are statistically unusual for your income level 3. Previous audit history or related taxpayer audits 4. Random selection (yes, some returns are just randomly selected for review) Since they only sent you $15 out of $4,200, they're questioning almost your entire refund. This suggests it might be more than just the property sale. Could be worth reviewing your entire return for potential issues.
Do these Tax Topic 151 reviews usually result in reduced refunds? Or is it just a verification process and you still get your full amount if everything checks out?
It really depends on what they find during the review. If all your documentation supports your claims and everything checks out, you'll receive the full refund amount, though obviously delayed. If they determine certain deductions or credits aren't valid, they'll adjust your return and you'll receive a reduced amount. In some cases, if they find significant issues, you could even end up owing more instead of getting a refund. The vast majority of cases are just verification though, and many people do receive their full refund after providing documentation.
Has anyone here had to wait longer than 30 days to hear from the IRS about a Tax Topic 151 issue? I'm in a similar situation but it's been almost 45 days and still no letter explaining what the problem is.
I waited almost 60 days last year before I got my letter. Called multiple times and kept getting told "it's in process." When the letter finally came, it was something simple they could have told me over the phone. The IRS is still dealing with backlogs from Covid even now.
Asher Levin
Just want to add a small warning - I did this exact thing (reported full amount in year received, then did an offsetting deduction the following year when 1099 came), but the company also sent a CORRECTED 1099 for the previous year, which created a huge mess since now the numbers didn't match EITHER year correctly. Make sure the company isn't also planning to send a corrected 1099 for 2024!
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Bruno Simmons
ā¢Thanks for the warning! I hadn't even considered that possibility. I'll check with them to confirm they're not planning to send a corrected 1099 for 2024. Would definitely complicate things if they did.
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Asher Levin
ā¢Glad I could help! It's worth a quick email to their accounting department. In my case, they had sent the corrected 1099 without telling me, and it didn't arrive until after I'd already filed. So I had to amend my return, which was a whole ordeal. Better to know their plans upfront.
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Serene Snow
Has anyone used TurboTax to handle this situation? Is there a specific place where you can enter this kind of adjustment or do you have to use the desktop version?
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Issac Nightingale
ā¢I did this in TurboTax last year. When you're filling out the Schedule C section, there's a part for "Other Expenses" where you can add a custom category. I labeled mine "Income previously reported on 2023 tax return" and entered the amount. The TurboTax interview doesn't specifically ask about this situation, so you have to know to add it yourself.
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