IRS

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Ask the community...

  • DO post questions about your issues.
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  • DO post tips & tricks to help folks.
  • DO NOT post call problems here - there is a support tab at the top for that :)

Omar Fawaz

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Something nobody has mentioned yet - have you asked the apartment complex if they'll accept proof that you've submitted the ITIN application? Many places will let you sign the lease if you can show them the W-7 that's been submitted. Also, would they accept her as an occupant but not on the lease? That might be a workaround if you qualify for the apartment based on just your income.

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Thanks for this suggestion! I actually tried asking if they would accept proof of application but they were pretty firm about needing the actual ITIN before finalizing the lease. I didn't think about the occupant vs. lease-holder distinction though - that's a really good idea. I'll check if my income alone meets their requirements. The only concern is that many places have rules about all adults living in the unit being on the lease. I'll definitely bring this up with them tomorrow. Really appreciate the suggestion!

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Chloe Martin

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Has anyone actually challenged an apartment complex on this requirement? My understanding is they need either an SSN or ITIN for credit check purposes, but a foreign national with no US credit history won't have a US credit report anyway, so what are they actually checking?

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Diego Rojas

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They use it for identity verification and for potential collections if you break the lease. Without an ITIN or SSN, they have no way to report to credit bureaus or track you down if you skip out on rent. Some places will accept a larger security deposit instead.

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Chloe Martin

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That makes sense, thank you. I hadn't considered the collections angle. I wonder if offering an additional security deposit might work in the original poster's case. Seems like that would address their concern about potential risk.

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Omar Farouk

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For what it's worth, this sort of mistake happens more often than you might think. I'm a tax preparer and while your current preparer is handling this poorly, the actual fix isn't too complicated. Make sure when you file the 1040-X that you include both the incorrect W-2 (labeled as incorrect) and the correct one. Also include a brief statement explaining exactly what happened. This documentation will help speed up processing and reduce the chances of confusion.

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Thanks for the advice! Do you have any idea how long it typically takes for the IRS to process a 1040-X? I'm worried this might impact my refund for next year or something.

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Omar Farouk

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Amended returns typically take 16 weeks or more to process, though the timeframe can vary significantly depending on IRS backlog. Sometimes it takes up to 6 months, so patience is key here. This shouldn't impact next year's refund unless you leave it uncorrected. The IRS processes tax years separately, so fixing this 2023 issue now means your 2024 return (which you'll file next year) won't be affected. Just make sure to keep copies of everything you submit for your records, including proof of mailing if you send it physically rather than e-filing.

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Chloe Davis

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Super important piece of advice: make sure you submit your 1040-X ASAP. The longer you wait, the more interest will accrue on any additional tax you owe from using the wrong W-2.

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AstroAlpha

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Absolutely right. And don't forget you can e-file a 1040-X now! The IRS started accepting electronic amended returns a few years ago. Way faster than paper filing.

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Carmen Diaz

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One thing nobody's mentioned yet - make sure you respond to the LT38 by the deadline even if you're still sorting out the details! Those notices have strict deadlines and if you miss it, you could lose certain appeal rights. If you need more time, call the number on the notice and request an extension while you gather documentation. They'll usually give you an additional 30-60 days if you have a legitimate reason. Also, if you do end up owing money, look into a payment plan. The IRS offers reasonable monthly payment options, and once you're on a plan, they'll stop sending threatening notices.

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StarStrider

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That's really helpful - I was so focused on figuring out the correct amount that I hadn't thought about the deadline. The notice says I have 30 days to respond. If I request more time, does that stop any collection actions they might take?

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Carmen Diaz

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Requesting more time usually pauses collection actions while your case is being reviewed, but it's not guaranteed. Make sure you get confirmation (ask for a transaction ID or confirmation number) when you request the extension. The safest approach is to send a written response by certified mail before the deadline stating that you're disputing the amount and gathering documentation to support your position. This officially stops the collections process while your case is reviewed. Then follow up with your complete documentation once you have everything organized.

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Has anyone had success getting interest charges removed in situations like this? I had a somewhat similar issue where the IRS made an error processing my return, and by the time they figured it out, they had added over $800 in interest to my balance.

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If the error was the IRS's fault, you can request interest abatement using Form 843. I did this last year after they misapplied a payment, and they approved it and removed all the interest charges. Make sure you clearly explain how the error was caused by the IRS and not by anything you did.

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Ethan Moore

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I've had this exact problem! My solution was simple - I filed my taxes electronically using my correct legal name (as in the IRS system), reported the 1099-K income accurately, and in the notes section, I explained the name discrepancy. My return was accepted without issues. The IRS did send me a letter about 6 weeks later asking me to verify the income was mine, and I just had to respond confirming it was. No penalties, no rejections, just a little extra paperwork. Don't stress too much!

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Where is this "notes section" you mentioned? Is that something in TurboTax or the actual IRS forms? I'm having a similar issue and want to make sure I do this right.

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Ethan Moore

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Sorry, I should have been more clear! In most tax software (I used TaxAct), there's a section where you can add miscellaneous information or notes when you're entering 1099 information. In the actual IRS forms, you can attach a statement labeled "Form 1099-K Name Discrepancy Explanation" that briefly explains the situation. If you're using TurboTax, look for the section where you enter your 1099-K information - there should be an option for "Notes" or "Add Additional Information." If you don't see it, you can always create a separate document explaining the discrepancy and attach it to your return as a PDF if filing electronically, or as a physical attachment if filing by mail.

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Carmen Vega

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I work at a tax prep office and see this all the time. The people saying SSN is more important than the name match are correct. We file returns with name mismatches regularly and they're accepted. BUT - and this is important - you might get a CP2000 letter later asking you to verify the income. It's not an audit, just a verification step. Respond promptly and it's no big deal. The company should correct it, but realistically, if they won't, you're still OK to file with the mismatch.

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Thanks for the inside info! So the rejection thing the IRS person told OP was just to scare them? I've been worried because my PayPal 1099-K has my username not my legal name lol

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Carmen Vega

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The IRS agent was being overly dramatic. The system won't automatically reject an e-filed return just because of a name mismatch on a 1099-K when the SSN matches. What likely happens is they were trying to motivate you to get it corrected because it makes their matching process easier. For your PayPal situation, that's super common! As long as your SSN is correct on the 1099-K, you should file using your legal name. The IRS matching program will flag it, but then verify the SSN and process it. You might get that CP2000 letter I mentioned asking you to confirm it's your income, but just respond promptly and you'll be fine.

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Don't forget that as a self-employed person, you should also be making quarterly estimated tax payments throughout the year! This is something I learned the hard way my first year of freelancing. The IRS expects you to pay as you earn, and if you wait until tax filing time, you might get hit with underpayment penalties on top of what you owe. For 2025, the quarterly payment due dates are April 15, June 15, September 15, and January 15 (2026). Set calendar reminders! Even if you're abroad, these deadlines still apply to US citizens.

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Wait really? I had no idea about quarterly payments! So even though I'm filing for 2024 now, I'm supposed to already be making payments for 2025? How do I even calculate how much to send if I don't know exactly what I'll make this year?

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That's right! For 2025 income, you need to make four payments throughout the year. You have a couple of options for calculating how much to pay. The simplest is to take your total expected tax for the year and divide by 4. You can base this on what you expect to earn this year. Alternatively, you can use the "safe harbor" provision - if you pay either 90% of this year's tax or 100% of last year's tax (whichever is smaller) through withholding and estimated payments, you won't face penalties. So once you file your 2024 taxes, you could use that amount as your guide for 2025 payments. The IRS Form 1040-ES has worksheets to help calculate this. It seems complicated at first, but it gets easier after your first year!

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I'm also a content creator and I found that using a tax software specifically designed for freelancers/self-employed people was super helpful. I tried FreeTaxUSA last year and it walked me through all the self-employment stuff pretty clearly. TurboTax Self-Employed is good too but more expensive. Don't try to do this by hand your first time - the software asks you questions in plain English and fills in the right forms.

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Lucas Bey

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Seconding FreeTaxUSA! The self-employment section is really straightforward. Plus it's way cheaper than TurboTax. They have good explanations about what counts as a business expense too. I was able to deduct part of my phone bill, internet, computer, camera equipment, editing software, and even some travel costs related to content I was making.

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