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I literally just went through this exact situation with my 2019 taxes! The most annoying part was figuring out my exact income because my employer from back then shut down during COVID and I couldn't get a replacement W2. If you're having any trouble with missing documents, you can request a wage and income transcript from the IRS that shows all the info that was reported for you.
If you do end up owing a lot with penalties, don't panic. I was in a similar situation and qualified for first-time penalty abatement since I had a good filing history before my missed year. Saved me over $1,200 in penalties! You have to specifically request it though - they don't offer it automatically.
Something else to consider - you might want to look at your overall tax situation and decide if extra withholding is even the best approach. I used to do extra withholding but switched to making quarterly estimated payments instead because my income is super irregular (I'm a substitute teacher). The advantage is that YOU control when and how much to pay, not your employer. So during months when you work a lot, you can make a bigger payment, and during slow months, you can skip or reduce your payment.
I hadn't considered quarterly payments! How complicated is it to calculate how much you should pay each quarter? And do you have to worry about underpayment penalties if you don't pay enough?
The basic calculation isn't too hard - you need to pay either 90% of this year's taxes or 100% of last year's tax liability (110% if your income is over a certain threshold). Most people go with the 100% of last year's taxes since that's easier to calculate. You divide that annual amount by 4 and make equal payments on the quarterly due dates (April 15, June 15, September 15, and January 15 of the following year). The IRS has a form 1040-ES with worksheets to help you calculate. Regarding underpayment penalties - as long as you hit that 90%/100% threshold by the end of the year AND make the payments by the quarterly due dates, you're good. If your income is very seasonal, there's also an "annualized income" method that might help you avoid penalties if your income isn't earned evenly throughout the year.
None of these answers are addressing a key point - if you're having pay periods with $0 or very low income, are you sure you're setting your W-4 up correctly in the first place? The 2020-and-later W-4 form is supposed to be more accurate than the old one with allowances. If you're filling it out correctly (especially the multiple jobs worksheet or the tax estimator tool), you shouldn't need such a large extra withholding amount.
Don't forget to file a police report too! This is important documentation that the IRS and credit bureaus will want to see. Even though local police probably won't investigate, having that report number helps establish that you're serious about this being fraud. Also check with your employer to make sure your W-2 information hasn't been compromised. Sometimes identity thieves will try to change your direct deposit information for your paychecks too.
Would filing a police report actually help speed up the resolution with the IRS? And should I file it in my local jurisdiction even if I have no idea where the identity theft occurred?
Filing a police report won't necessarily speed up the IRS process, but it creates an official record of the crime that strengthens your case with both the IRS and credit bureaus. It demonstrates you're taking legal steps to address the fraud, which can be important if there are any questions about the legitimacy of your claim. Yes, file the report with your local police department where you live. They understand that identity theft can happen anywhere, and they're required to take the report even if the actual crime might have occurred elsewhere. Ask for a copy of the report or at minimum the report number to include with your IRS documentation.
Has anyone dealt with this affecting their state tax returns too? I'm in a similar situation and wondering if I need to contact my state tax agency separately or if the IRS will handle that coordination?
You definitely need to contact your state tax agency separately! I made the mistake of thinking the IRS would handle everything, but states have their own identity theft processes. When I finally contacted my state revenue department, I found out someone had also filed a fraudulent state return in my name and I had to go through a whole separate verification process.
Thanks for letting me know! I'll contact my state tax department right away. Did you need to submit the same documentation to them that you did to the IRS, or do they have different requirements?
One thing that nobody's mentioned yet - if you're planning to split up someday (not saying you are!), make sure you discuss this arrangement thoroughly. My ex and I had a similar setup, and when we separated, there was a huge fight about "tax benefits" that one person claimed. Even though we had verbally agreed on who would claim what, without anything in writing, it turned into a messy situation. I'd recommend documenting your agreement regardless of what split you decide on. Just a simple signed statement saying "I agree that Partner A will claim X% and Partner B will claim Y%" can prevent future headaches.
That's a really smart point I hadn't considered. We're doing great, but I guess it makes sense to document everything properly regardless. Better to have clear boundaries even when things are good. Did you just write up something informal or did you use a specific format for your agreement?
We didn't have anything formal which is why it became a problem. What I recommend now (after learning the hard way) is a simple document that states: 1) Both parties' names and the property address, 2) The tax year it applies to, 3) The specific percentage split of mortgage interest and property tax deductions, 4) A statement that both parties understand this arrangement and won't claim more than their agreed portion, and 5) Both signatures and the date. It doesn't need to be notarized or anything fancy - just having something in writing helps prevent misunderstandings. You could even email it to each other so there's a digital timestamp. Some couples renew this agreement each tax year if their financial contributions change.
I'm in King County, WA in a similar situation with my partner. Our tax advisor said that since Washington is a community property state, it can complicate things for married couples, but for unmarried couples, the community property laws don't apply to your tax situation. When we got our house, we set up a separate joint account just for the mortgage and related expenses. We each contribute proportionally to our income (I put in 65%, she puts in 35%). Then our tax advisor has us deduct those same percentages of the mortgage interest and property taxes. The separate account makes it super easy to document exactly who paid what percentage if we ever get questioned about it.
Jessica Nolan
As someone who works in student loan counseling, just wanted to add some context on why married filing separately might make sense for student loans. If you're on an income-driven repayment plan like IBR, PAYE, or REPAYE, filing separately can sometimes result in lower monthly payments since they only count your income, not your spouse's (except for REPAYE which counts both regardless). However, you do lose some tax benefits like student loan interest deduction, certain education credits, and potentially higher tax brackets. It's always worth calculating both ways to see which filing status saves you more overall between tax savings and loan payment reductions.
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Sophie Footman
β’Thanks for adding that context! Yes, that's exactly why I'm doing MFS - to keep my income-based payments manageable. I've done the math and even with losing some tax benefits, the monthly payment reduction over the year saves me more. Do you know if using TurboTax makes it easy to compare both scenarios before finalizing?
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Jessica Nolan
β’Yes, TurboTax makes it fairly easy to compare both scenarios. You can actually prepare your return both ways (filing jointly and filing separately) before you file to see the difference in tax liability. The software has a feature called "What If" scenarios where you can see how different choices affect your refund. You might need the Deluxe version or higher to access this, but it's worth it for your situation. Just remember to look at the total annual impact - combining both the tax difference and the student loan payment savings over 12 months to determine which filing status truly benefits you more.
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Angelina Farar
I'm in a similar boat with student loans and MFS. Just a heads up - make sure you're actually saving money overall. I spent hours filing separately last year only to realize we would have saved more by filing jointly and just paying the higher student loan payments. There's a calculator called the "Married Filing Separately Calculator" by Student Loan Planner that helps figure this out.
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SebastiΓ‘n Stevens
β’Yeah, this is important! The tax penalties for MFS can be significant. You lose the student loan interest deduction, education credits, child and dependent care credit, and often have lower income thresholds for deductions and credits. Plus, if one spouse itemizes, the other MUST itemize too, even if taking the standard deduction would be better.
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