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Has anybody had experience with the audit risk when filing Form 8840? My accountant is telling me it's a "red flag" but I think he's just trying to scare me into paying for more services. My husband is in almost the identical situation (working in Mexico, comes back to US for about 4 months total throughout the year).
I've been filing 8840 for 6 years now (work in Germany, family in US) and have never been audited. From what I understand, it's actually LESS of a red flag because you're properly documenting your status rather than leaving it ambiguous. The form is specifically designed for people in your situation.
I went through this exact situation with my wife last year! She was working in the UK for about 9 months but we maintained our primary residence and all financial ties in the US. From our experience, Form 8840 is definitely NOT standalone if your husband had any US source income. Since he was physically working in the US for part of the year (even if paid by a Canadian employer), that's considered US source income and requires filing Form 1040-NR with the 8840 attached. One thing that caught us off guard was the level of documentation required for the 8840 itself. They want extensive proof of your closer connection to the US - bank statements, utility bills, voter registration, driver's license, kids' school records, etc. Start gathering all of that now because it's quite comprehensive. Also, make sure to calculate the substantial presence test carefully. The days count differently for the three-year period, and there are specific rules about commuting from Canada that might apply to your situation. We initially miscounted and almost filed incorrectly. The good news is that once you establish the pattern correctly, it becomes much easier in subsequent years. Just be thorough with the documentation the first time around!
Thank you all for the amazing advice! I talked to my wife and we decided to use the IRS Tax Withholding Estimator first to get a baseline. It recommended that I (higher earner) check box 2(c) and add about $55 per paycheck in section 4(c), while she should just select "Married Filing Jointly" without checking 2(c). We're going to submit these changes to our employers this week. I'm really grateful for all the detailed explanations - the W4 form is surprisingly complex for something that seems like it should be straightforward!
You're welcome! That approach sounds solid and should get you pretty close to the right withholding. Just remember to revisit it if either of you gets a raise or bonus during the year. The new W4 is definitely more complex than the old one but actually works better for two-income households once you figure it out.
Great to see you got it sorted out! Just wanted to add one more tip that helped us - consider doing a "paycheck checkup" around mid-year (July/August) to see if you're on track. You can look at your year-to-date withholding on your pay stubs and compare it to what you actually owed last year (adjusted for any salary changes). If you're way off, you can always submit updated W4s to fine-tune the withholding for the rest of the year. We learned this the hard way after implementing our changes in March and realizing we were still slightly underwithholding by summer. Also, keep in mind that if either of you gets a significant raise or bonus during the year, it might throw off your calculations since bonuses are often withheld at a flat 22% rate which might not match your actual tax bracket.
This is such helpful advice about the mid-year checkup! I'm new to optimizing W4 withholding and didn't realize you could adjust multiple times throughout the year. The bonus withholding tip is especially useful - I was wondering why my bonus seemed to have way more taxes taken out than my regular paychecks. Is the 22% flat rate always higher than what you'd actually owe on bonus income, or does it depend on your tax bracket?
Another thing to consider - if you continue filing separately, and your wife has to itemize when she otherwise wouldn't want to, she might not have enough deductions to exceed the standard deduction amount. In that case, she would just list all her itemized deductions (even if the total is less than the standard deduction) and potentially pay more tax than necessary. This is why the married filing separately status can be so punitive - you get stuck with the worst of both worlds sometimes.
Actually that's not quite right. If both spouses must itemize, and one spouse has very few itemized deductions, they would still itemize but could list $0 for many categories. Their total itemized deduction might be much lower than the standard deduction they could have taken, but that's the trade-off when one spouse benefits from itemizing.
I'm a tax preparer and can confirm what others have said - this is a real rule that's often overlooked. The technical citation is IRC Section 63(c)(6)(A), which states that if one spouse itemizes deductions, the other spouse's standard deduction is zero, effectively forcing them to itemize as well. What's interesting about your situation is that you've been non-compliant for years without detection. This highlights a gap in IRS enforcement - their matching systems are sophisticated for things like W-2s and 1099s, but they don't routinely cross-reference deduction methods between married filing separately returns. However, I'd strongly recommend getting compliant going forward. If either of your returns ever gets selected for examination (audit), the first thing they'll check is whether you're both using the same deduction method. The penalties and interest on any additional tax owed could add up quickly. Also consider that your wife's father may not be aware of this rule - it's one of those technical requirements that even some preparers miss because it's not intuitive and the software doesn't always catch it when preparing returns separately.
Have you tried requesting your account transcript from the IRS website? That'll show you if there are any hold codes or issues that aren't visible in the "Where's My Amended Return" tool. I was stuck for 18 weeks and found out through my transcript that they had flagged my return for additional review. Once I knew the specific issue, I was able to call with the right information and get it resolved much faster. The transcript is free and gives you way more detail than the basic tracking tool.
This is really good advice! How do you actually read the transcript once you get it? All those codes look super confusing to me š
PixelWarrior
Has anyone tried the IRS2Go mobile app for this? I had similar issues with the website queue last year, but the mobile app seemed to have shorter wait times.
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Amara Adebayo
ā¢The app works pretty well for basic stuff but I still got stuck in a queue this morning. Maybe try early tomorrow morning before 8am? That's usually when traffic is lowest.
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Matthew Sanchez
Just went through this exact same nightmare today! I was in the IRS queue for over an hour trying to get my AGI. What finally worked for me was calling the IRS automated phone line at 1-800-908-9946 - it's their automated refund/account info line. You can get your prior year AGI without talking to a human if you have your SSN and either your filing status or exact refund amount from last year. Way faster than waiting in that website queue, and it's available 24/7. Saved me when I was down to the wire!
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