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You might want to check if your income source can fix this retroactively. I had a similar situation with dividend payments where the US company had applied the wrong withholding rate. I contacted their investor relations department directly, provided documentation of my UK residency and tax status, and they actually adjusted it and issued a corrected 1042-S. Saved me from having to file for a refund entirely.
How long did that process take? I'm concerned about waiting too long and missing deadlines for filing if the company drags their feet on making corrections.
In my case, it took about 8 weeks from my initial contact until I received the corrected form. This was with a large multinational corporation that had established processes for handling these issues. If you're working with a smaller company or one that doesn't regularly deal with international payments, it might take longer or they might not know how to make the correction. I'd recommend giving them a 2-month timeline - if they haven't resolved it by then, proceed with the refund claim process to ensure you don't miss any deadlines.
Having been through this exact situation (UK resident with US income and 30% wrongly withheld), I'd recommend filing a 1040NR yourself if you're comfortable with forms. The key is including Form 8833 to claim the treaty benefits specifically. You need to cite the exact treaty article (usually Article 10, 11, or 12 depending on your income type) and explain why you qualify for reduced withholding. Also check if your income type qualifies for complete exemption - some royalties and certain types of interest payments between the US and UK have 0% withholding rates under the treaty!
Wouldn't you need a US taxpayer identification number to file these forms? I thought that was part of the complexity.
Yes, you do need either a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). If you don't already have one, you'll need to apply for an ITIN using Form W-7 which you would submit simultaneously with your 1040NR. That's probably what the accounting firm meant by "US tax registration" in their quote. Getting an ITIN can be tricky as you need to provide certified copies of identification documents (passport usually). You can either mail certified copies (certified by the issuing agency) or use an IRS-authorized Acceptance Agent who can verify your original documents.
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 want to add to the conversation that another way to handle excess Roth contributions that nobody has mentioned is the "carry forward" method. If you didn't catch the excess before the deadline, instead of paying the 6% penalty every year, you can "use up" the excess by contributing less than the maximum in future years. For example, if you had a $3,400 excess in your husband's account that you didn't withdraw, and his contribution limit for the next year is $6,500, he could contribute only $3,100 the next year ($6,500 - $3,400) and the excess would be "absorbed" and no longer subject to the penalty after that year.
Thank you for explaining this! Does this mean we'd only pay the 6% penalty for one year on his excess amount, and then "absorb" it in the following year by under-contributing? That sounds much simpler than trying to do a late removal now.
Exactly right! You would only pay the 6% penalty for one year on the $3,400 excess in his account (about $204). Then in the following year, if his contribution limit is $6,500, he would only contribute $3,100 to his Roth IRA. This effectively uses $3,400 of that year's contribution limit to "absorb" last year's excess. The key thing is that you need to have contribution eligibility in that following year. If your income exceeds the limits again, this approach wouldn't work since you wouldn't be eligible to make any contributions that could "absorb" the previous excess.
Has anyone actually calculated what the earnings portion would be for an excess contribution removal? My understanding is that you need to withdraw not just the excess contribution but also any earnings specifically attributed to those excess funds.
There's a specific formula the IRS provides: Earnings = Excess contribution ร (Ending balance - Beginning balance) รท Beginning balance So if you contributed $6,000 when your limit was $3,000 (so $3,000 excess), and your account went from $20,000 to $22,000 during that period, the earnings on your excess would be: $3,000 ร ($22,000 - $20,000) รท $20,000 = $3,000 ร $2,000 รท $20,000 = $300 You'd need to withdraw $3,300 total ($3,000 excess + $300 earnings).
Could it be Form 8995 (Qualified Business Income Deduction)? Maybe a typo in their system? I got a similar notice once where they transposed some numbers. For your amended return - did you include any self-employment or business income by chance? Even something small could trigger their system to expect a Form 8995.
No self-employment at all - just a regular W-2 job. The amendment was only to claim some education expenses I forgot on the original filing (Form 8863 for education credits). Nothing business related whatsoever. I'm wondering if maybe the "8" in 8863 and the "95" from somewhere else got combined into "8895" in their system? Still doesn't really explain why they'd be asking for a form that doesn't exist though.
The combination of 8863 and some other form number accidentally creating 8895 is actually a really plausible explanation. The IRS's computer systems are ancient and glitches like this happen more often than they admit. Since your amendment involved education credits, another possibility is they might be looking for Form 8915 (which relates to retirement plan distributions, but sometimes these codes get mixed up). Or maybe even Form 8885 (Health Coverage Tax Credit). I'd definitely recommend calling back and specifically explaining you amended for education credits using Form 8863, and asking if that might be causing confusion in their system. Sometimes just mentioning the correct form can help the rep figure out what's happening.
Has anyone checked if this is a scam? There are a lot of fake IRS notices going around. Does the letter have the correct IRS watermarks and official formatting?
Good point! Real IRS notices have specific security features. The paper should have a watermark visible when held up to light. Also check if the letter has your last 4 SSN digits (scammers often don't have this). And NEVER call a phone number listed in a suspicious notice - always call the official IRS number instead.
Omar Fawzi
Just a suggestion from someone who's been there - instead of using Venmo, my wife and I set up a joint checking account specifically for shared expenses. We each contribute our portion of the budget monthly, and all shared bills come out of that account. No transfers needed, no 1099-K concerns, and we still maintain our separate finances for everything else. Before we got married we just had a "roommate" checking account that worked the same way. So much easier than tracking Venmo payments!
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Chloe Wilson
โขDon't you need to be married to open a joint account though? OP said they're engaged but not married yet.
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Omar Fawzi
โขYou definitely don't need to be married to open a joint checking account! Many banks offer joint accounts for any two adults - roommates, partners, family members, etc. My now-wife and I opened ours about 2 years before we got married. Most banks just need both people to come in with IDs to set it up. Some online banks might have different requirements, but traditional banks and credit unions generally allow non-married people to open joint accounts without any issues.
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Diego Mendoza
My partner and I use the Splitwise app to track all our shared expenses, then settle up once a month with a single Venmo payment. Makes it super easy to track everything without having to send multiple small payments that might trigger 1099-K issues. Plus it keeps a digital record of all our shared expenses if we ever need to prove these were reimbursements.
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Anastasia Romanov
โขDoes Splitwise integrate directly with Venmo or do you still have to manually send the payment?
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