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Something else to consider - check if you qualify for the IRS Taxpayer Advocate Service. They're designed to help when normal IRS channels aren't working. If your situation is causing financial hardship (like you're waiting on a significant refund you need for living expenses), they might be able to help speed things up. The catch is that they're also overwhelmed with cases, but they can sometimes cut through the bureaucracy faster than waiting for the normal process. You can find your local office here: https://www.taxpayeradvocate.irs.gov/contact-us/
I tried the Taxpayer Advocate last year and they told me they couldn't help with identity verification cases unless there was a genuine financial hardship. Has this policy changed recently?
The policy hasn't officially changed, but in practice, it varies by office and how you present your case. Identity verification cases can qualify if you can demonstrate actual financial hardship (like facing eviction, utility shutoff, inability to pay for medications, etc.) caused by not receiving your refund. What's also changed is that some Taxpayer Advocate offices now have specialized staff just for handling identity verification backlogs. Worth calling your local office to check their current procedures, as they've been updating their approach to handle the massive backlog of these cases.
Has anyone tried going to their local IRS office in person for this? I'm wondering if bringing all my documents to an actual human might be faster than all this waiting around for forms and phone calls.
I did this last month and it worked perfectly! Called the appointment line (844-545-5640), got an appointment for the following week at my local office. Brought my ID, social security card, the IRS letter, and copies of my tax returns. The agent verified my identity on the spot and released my return for processing. Refund showed up 3 weeks later!
Tax pro here - I see this question a lot. The easiest way to think about it is: 1. How much state tax did you ACTUALLY pay last year? ($9,000 in your case) 2. How much did you get to deduct? ($6,500 in your case) 3. The difference ($2,500) is the amount you got NO tax benefit from 4. If your refund ($1,400) is less than this difference, it's NOT taxable You might need to use the worksheet in Publication 525 if you had other itemized deductions or if the standard deduction comes into play, but for most SALT cap situations, this simplified approach works.
Thanks for this simple breakdown! So just to confirm - in my case with $10,400 paid, $6,500 deducted, and $1,400 refunded - the refund is completely non-taxable? And would I still get a 1099-G from my state for the refund even though I don't need to report it?
Yes, your $1,400 refund would be completely non-taxable since it's less than the $3,900 difference between what you paid and what you were able to deduct. And yes, you'll still receive a 1099-G from your state because they don't know your specific federal tax situation. You'll need to report it on your federal return, but the tax software or worksheet will help you calculate that the taxable amount is $0. Don't skip reporting it just because the taxable amount is zero - that can trigger a mismatch notice from the IRS.
Does anyone know if there's a specific form I need to fill out for this? I'm doing my taxes by hand this year to save money and the instructions are confusing me.
You'll need to report the state refund on Schedule 1, Line 1. But you should complete the "State and Local Income Tax Refund Worksheet" in the 1040 instructions first to determine how much (if any) is actually taxable. If you're dealing with the SALT cap situation described in this thread, you may well calculate that $0 is taxable, but you still need to work through the worksheet.
10 Does anyone know if this affects backdoor Roth IRA contributions? I'm planning to do one this year since I'm over the income limit, but now I'm worried about calculating the basis correctly.
3 Yes, this is related but slightly different. With backdoor Roth, you make a non-deductible Traditional IRA contribution first, then convert it to a Roth. You'll need to file Form 8606 to report the non-deductible contribution. For basis calculation: your basis in the Traditional IRA is what you've contributed after-tax (non-deductible contributions). When you convert to Roth, you'll pay taxes on any earnings plus any pre-tax money in ANY Traditional IRA accounts you have (pro-rata rule).
10 Thanks! I didn't realize I needed to file Form 8606 for the backdoor Roth. And I completely forgot about the pro-rata rule. I have an old Traditional IRA from a 401k rollover that would definitely complicate things.
22 Just wanted to share what I learned handling a similar situation with Fidelity last year. If you call Fidelity directly, they can actually recode the distribution as a "return of excess contributions" which gives you the proper coding on your 1099-R for next year. Too late for 2023 obviously, but might help someone in the future!
1 That's really helpful to know! I wonder if I can still call Fidelity now about my 2023 distribution and have them update the coding retroactively? Has anyone tried this?
One thing to consider - if your friend is giving you $15k specifically for the business and not just giving you money personally that you choose to put in your business, the IRS might view this differently. The intent and documentation matters a lot here. If the money is clearly meant for business purposes from the start, you might want to consider formalizing it as either: 1) A documented interest-free loan, or 2) An actual investment where they get a tiny percentage of ownership Either approach might actually be cleaner from a tax perspective than trying to classify it as a gift if it's really intended for business purposes.
Thanks for bringing this up - I'm a bit confused now. Would it create problems if he specifically wants the money to go toward my business but doesn't want anything in return? He genuinely just wants to help me get started, not become a business partner or lender. What documentation would make the most sense in this case?
If he truly wants nothing in return and is giving the money to you personally (not to your business entity), then a gift is still appropriate. Have him write the check to you personally, not to your business name. Create a simple gift letter that clearly states it's a gift with no expectation of repayment, ownership, or any other benefit. After receiving the gift personally, you then make the decision to invest that money into your business as a capital contribution. This two-step approach makes it clearer that the money was first a personal gift to you, which you then chose to put into your business. Maintain separate documentation for each step - the gift from friend to you, and your capital contribution to your business. This separation helps establish that it was truly a personal gift that you independently decided to use for business purposes.
Has anyone else dealt with a situation where a friend gave money as a "gift" but later started acting like they owned part of the business? I didn't have good documentation and now it's super awkward. Make sure you get everything in writing no matter what!!!!
This happened to my brother! His college roommate "gifted" him $10k to start his landscaping business but then started showing up at client meetings and telling people he was a "partner." Total nightmare that ended their friendship. Definitely get crystal clear documentation.
Anastasia Popov
Just to add another perspective - I'm an estate attorney (not giving legal advice here) and we see this question frequently. The "deceased" designation on a prior year return is simply informational. It tells the IRS that as of the filing date, this taxpayer is deceased. It doesn't impact the calculation of taxes or filing status for that return - it just helps with administrative tracking. The IRS uses this information to update their records and handle future correspondence appropriately.
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Sean Murphy
ā¢Does the spouse need to file anything special along with the return when they mark the other person as deceased? Like a death certificate or anything official?
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Anastasia Popov
ā¢For a joint return where one spouse is deceased, you generally don't need to submit a death certificate with the return itself. You simply write "DECEASED" after the deceased spouse's name at the top of the return, and include the date of death. If the surviving spouse is filing as the deceased taxpayer's personal representative, they should sign the return and write "Filing as surviving spouse" in the signature area. For more complex situations involving larger estates that require Form 706, additional documentation would be needed, but for typical joint returns, the notation is sufficient.
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Zara Khan
My wife passed in 2023 and I'm still figuring all of this out. One thing no one mentioned here - make sure you get multiple certified copies of the death certificate (like 15+). You'll need them for EVERYTHING - bank accounts, investment accounts, property transfers, insurance, and sometimes for tax purposes too.
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Luca Ferrari
ā¢So sorry for your loss. I went through this with my husband last year. Another tip: request a tax transcript from the IRS for the past few years. Sometimes there are refunds or issues you didn't know about, and it gives you a complete picture of what the IRS has on file.
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