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Just to give you a heads up - once you start filing taxes correctly, DO NOT file a return claiming yourself if someone else has already claimed you as a dependent. This creates a red flag and both returns will likely be reviewed. Instead, file your return on paper (not electronically) and include a note explaining that someone has incorrectly claimed you. The IRS will investigate and determine who is entitled to claim you. If you haven't been claimed yet for the current tax year, file electronically ASAP and claim yourself. This will block them from e-filing with you as a dependent (their return would be rejected).
This happened to my friend and it was a MESS. His parents kept claiming him even though he was financially independent. When he filed correctly, they both got letters from the IRS and it caused huge family drama. But honestly it needed to happen, and after the initial blowup things got sorted properly.
I want to add some perspective on the Social Security aspect since it's really important and often overlooked. At $16.75/hour for 24 hours per week, you're earning about $20,904 annually. Over 15 years, that's over $313,000 in wages that haven't been reported to Social Security. To qualify for Social Security retirement benefits, you need 40 "quarters of coverage" (basically 10 years of reported earnings). Right now, you have ZERO quarters despite working for 15 years. This means you're not building toward any retirement benefits at all. Even worse, Social Security benefits are calculated based on your highest 35 years of earnings. Missing these 15 years means those will count as $0 years in your calculation, significantly reducing your eventual monthly benefits. The good news is you can still fix this by filing back tax returns. The IRS generally allows you to file returns for previous years to claim refunds (though there are time limits), and this will also report your earnings to Social Security. You're still young enough that getting into the system now and working legitimately for the next 20-30 years can still result in decent Social Security benefits. But every year you wait makes it harder to build up those credits. This isn't just about current taxes - this is about your ability to retire someday. Your relative may be "old school" but they're literally jeopardizing your future financial security.
Don't forget about potential credits for taxes paid! When dealing with territorial income like this, you need to make sure you're not being double-taxed. If your clients paid any tax to Guam on their W-2GU income, they may be eligible for a foreign tax credit on their US return using Form 1116. I went through this with income from Puerto Rico last year. Even though Puerto Rico is a US territory, for tax purposes it's treated as a foreign jurisdiction in many ways. The same applies to Guam. Also, check whether there's any special treatment for moving expenses between a territory and the mainland. There used to be some deductions available for these situations that survived the 2018 tax law changes, but only for moves involving territories.
Isn't there some kind of exclusion for territorial income? I thought you didn't have to pay US federal tax on income earned in US territories like Guam if you were a bona fide resident there. Or does that not apply in this case since they were only there part of the year?
That's a good question! The income exclusion you're thinking of generally applies to bona fide residents of the territory for the entire tax year. Since these folks were only in Guam for part of the year (moved to Nevada in June 2023), they wouldn't qualify as bona fide residents for the full year. Part-year residents typically need to allocate their income based on where it was earned during different parts of the year. That's exactly what Form 5074 helps accomplish - it allocates income and tax between the US and the territory. For truly bona fide residents who meet all the requirements, you're right that there can be exclusions, but those rules are quite strict and require documentation of things like physical presence, tax home, and closer connection tests.
One important detail I don't see mentioned yet - when you're dealing with W-2GU forms, make sure to check if the employer properly allocated the income between Guam-source and US-source on the forms themselves. Sometimes employers in the territories don't correctly distinguish between income that's truly territorial versus income that should be reported as US-source (like for federal contracts or mainland-based work done while stationed in Guam). Also, since they only have Copy A available for one of the W-2GU forms, they should contact the employer to request the proper copies for filing. The IRS is pretty strict about having the correct document copies attached to paper returns, especially for territorial income situations that are already under closer scrutiny. Another tip: when you complete Form 5074, pay close attention to the income allocation dates. Since they moved mid-year (June 2023), you'll need to clearly document which income was earned during their Guam residency period versus their Nevada residency period. This timing can significantly impact the tax allocation between jurisdictions.
Just want to add that this same thing happened to me with my grandmother's estate K-1. The big number in Box 11D is likely capital gains from property or investments the estate sold, and if the estate already paid taxes on it, it shows up on your K-1 but doesn't necessarily increase your tax burden. One thing to watch out for - depending on your state, you might need to make adjustments on your state tax return. My state wanted me to add back some of the estate income that was excluded from federal taxable income. Check your state's rules for K-1 income from estates.
Thanks for mentioning the state tax issue! I hadn't even thought about that. I'm in Illinois - do you know if they have specific rules about estate K-1 income? Should I expect my state refund to be different than what the dramatic federal change would suggest?
Illinois generally follows federal treatment for most estate K-1 items, but there can be differences. Illinois might require you to add back certain deductions or exclusions that were allowed federally. Your state refund will likely change in the same direction as your federal refund, but the magnitude might be different. The best approach is to check if your tax software has specific guidance for Illinois when entering K-1 information. There should be a state-specific section where you can verify how the K-1 income is being treated. For estate income specifically, Illinois generally respects the federal treatment of income that was already taxed at the estate level, but you'll want to make sure your software is handling any Illinois-specific adjustments correctly.
Has anyone run into issues with the IRS questioning large swings in refund amounts due to estate K-1s? I'm in a similar situation with my uncle's estate K-1 and I'm worried about audit risk. My tax preparer says it's fine but I'm still nervous.
That's reassuring, thanks. My K-1 is for about $75k in capital gains, so hearing that others have seen similar large swings makes me feel better. I'll definitely keep all the documentation organized. Do you think it's worth paying extra for audit protection from my tax software with these kinds of unusual forms?
Audit protection can provide peace of mind, but it's usually not necessary specifically for estate K-1s. These forms are well-documented and the IRS has clear guidelines for how they should be handled. With $75k in capital gains, as long as you're entering the information exactly as it appears on your K-1, you're in good shape. The bigger consideration is whether you're comfortable handling any correspondence yourself if questions do arise. Most audit protection services mainly provide representation and guidance, which you could also get from a tax professional if needed. Given that your tax preparer is already confident about the filing, you might be better off saving the audit protection fee and just keeping thorough records of your K-1 and any supporting documentation.
My parents set up trusts for all us kids and I just went through this exact situation last year! My biggest piece of advice: GET EVERYTHING IN WRITING from the trustee about your options. My trustee also initially said everything needed to be liquidated, but when I pushed back (politely but firmly), suddenly there were other options available. Also, don't underestimate the psychological impact of suddenly having access to $250k. I'd strongly recommend working with a fee-only financial planner before making any decisions. The $1-2k you might spend on professional help could save you tens of thousands in taxes and poor investment choices.
How did you find a good fee-only planner? I'm worried about ending up with someone who just wants to sell me investment products.
I went through a similar trust situation two years ago and learned some hard lessons that might help you! First, absolutely get a copy of your trust document and read through the distribution provisions carefully - many trustees don't explain all your options upfront. The key question is whether your trust allows "in-kind" distributions. If it does, you can potentially receive the actual investments rather than cash, which avoids triggering capital gains within the trust. This saved me about $8,000 in my situation. Also, don't be afraid to ask your trustee pointed questions about WHY they're choosing liquidation over other options. Sometimes they default to the easiest administrative path rather than what's best for you tax-wise. Remember, they have a fiduciary duty to act in YOUR best interest, not their convenience. I'd definitely recommend getting your own tax professional involved - even just a consultation can help you understand your rights and options. The trustee works for the trust, not specifically for you, so having independent advice was invaluable for me. One more thing: if you don't need the money immediately, ask about partial distributions over time rather than a lump sum. This can sometimes provide more tax flexibility depending on your situation.
Lincoln Ramiro
Transcript trumps WMR. Always. DDD is confirmed. WMR updates later. No need to worry. Tax cycle complete. Money coming on 3/20. Mark your calendar. Congrats on getting through verification.
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Aisha Mohammed
Congratulations on getting through the identity verification process! That's always a relief. Your transcript showing the 846 code with a DDD of 03/20 is definitely the most reliable indicator - transcripts are the internal IRS processing system, while WMR is more of a public-facing tool that updates on a delay. I've seen this pattern many times where transcripts update first, sometimes by 1-3 business days before WMR catches up. Since you completed verification on 03/08 and your transcript already updated, you're in good shape. Just keep an eye on your bank account around 03/20 and don't be surprised if WMR still shows "processing" even after your refund hits your account!
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