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Something else to consider - if your ex has two jobs and neither employer knows about the other, she might not be having enough taxes withheld from either paycheck. The withholding tables assume each job is your only job, so having two jobs without adjusting withholding usually results in significant underwithholding. So if she's making $210k between two jobs but each employer is withholding as if she only makes about $105k, she's probably not having enough withheld to cover her tax bracket. This could be a major source of your joint liability that has nothing to do with your withholding.
That makes a lot of sense actually. She always refused to adjust her W-4 forms when I suggested it. Is there any way to prove this was the cause of our big tax bill rather than my withholding being insufficient?
You can definitely prove this by having a tax professional create a withholding analysis. They would look at both of your W-2 forms, which show exactly how much was withheld from each paycheck throughout the year. The analysis would compare the actual withholding to what should have been withheld based on your total income and tax brackets. This will clearly show if her dual employment without proper withholding adjustment was the primary cause of the shortage. Most tax pros can prepare this kind of analysis in about an hour, and the documentation would be very useful for your divorce settlement negotiations.
Just wondering has anyone actually called the IRS directly about this? When my brother got divorced, he contacted the IRS and requested what's called "innocent spouse relief" which can separate the tax liability in certain situations.
Innocent spouse relief probably won't apply in this situation. That's typically for cases where one spouse did something fraudulent or didn't report income without the other spouse's knowledge. In this case, it sounds like everything was reported correctly, they just owe a lot. The IRS does offer something called "separation of liability relief" though, which might be helpful after the divorce is finalized. But you usually need to wait until after the divorce is done to apply for that.
For anyone still confused about the half-time requirement for AOC: I'm a tax preparer and this comes up all the time with apprenticeship programs. The key is understanding how your specific college calculates "full-time" status. Community colleges typically consider 12-15 credit hours per semester as full-time, so half-time would be 6-7.5 credits. But here's the tricky part - some apprenticeship programs have special arrangements where your hands-on training hours also count toward your academic credits. Check with both your apprenticeship coordinator AND the college registrar to see if your total program (classroom + practical training) meets the half-time threshold. Many apprentices miss out on this credit because they only count the classroom hours.
This is super helpful! My program coordinator mentioned something about the practical hours counting toward credits but I didn't connect that to the tax implications. Does that mean I should include all my apprenticeship hours and not just the classroom time when figuring out if I meet half-time status?
Yes, absolutely include all hours that the college is counting toward your credits or certificate. Many apprenticeship programs are structured so that your on-the-job training hours translate to a certain number of credits in addition to your classroom time. For example, I had a client whose 4-week classroom portion only equated to 4 credits, which wouldn't meet the half-time requirement. But when we included the supervised work experience that was part of the program curriculum (which added another 4 credits), they qualified for AOC. The key is that these work hours must be formally recognized by the educational institution as part of your academic program.
Anyone know if this AOC thing applies to online courses too? My apprenticeship has us doing 3 weeks in person and then 4 weeks of online modules. Tax software keeps asking me the same question about half-time workload and im stuck.
Yes, online courses absolutely count toward your workload calculation for AOC purposes as long as they're part of your eligible program and offered by a qualifying educational institution. The IRS doesn't distinguish between delivery methods (online vs. in-person) when determining eligibility. What matters is the credit hours or equivalent as determined by your educational institution. For your situation with 3 weeks in-person plus 4 weeks online, you'd need to find out how many total credits/units that represents at your institution and whether it meets their half-time threshold.
One thing to consider is that with tax debt that large, you might want to consult with a tax attorney rather than just a tax relief company. Attorneys have additional protections like attorney-client privilege that could be important if there's any question about whether your tax issues involve anything potentially problematic. Many tax attorneys offer free initial consultations and might give you a better sense of whether your situation requires their expertise or if you can handle it yourself with the IRS directly.
That's a good point. Do you think a tax attorney would be better than a CPA for my situation? I'm worried about the additional cost since I'm already struggling with the tax debt itself.
For your specific situation with stock sales and cascading tax consequences, I'd recommend a tax attorney over a CPA. While CPAs are excellent for tax preparation and general advice, attorneys have specialized knowledge of tax relief programs and negotiation with the IRS that's particularly relevant to your case. They can also represent you in Tax Court if it ever comes to that. Regarding cost concerns, many tax attorneys will work on a flat fee basis for tax resolution cases rather than hourly billing. During a free consultation, ask about their fee structure and whether they can give you a fixed quote. Often the money saved through proper representation exceeds the cost of hiring them, especially with tax debts in the six-figure range you're facing.
Has anyone tried getting their taxes reduced through these "innocent spouse" provisions? My husband had a similar issue with stock options and now we're on the hook for like $40k, but I had no idea about any of this when we filed jointly last year.
I actually went through this process! Innocent spouse relief is legitimate but pretty specific in when it applies. You need to show that you didn't know and had no reason to know about the underreported income or incorrect deductions when you signed the return. If you were aware of the stock sales but just didn't understand the tax implications, that typically doesn't qualify.
If you're looking for a quick reference, here are the most common Box 12 codes you might see: D - 401(k) contributions E - 403(b) contributions G - 457(b) contributions W - Health Savings Account contributions from your employer AA - Roth 401(k) contributions BB - Roth 403(b) contributions DD - Cost of employer-sponsored health coverage (not taxable) Your tax software should handle these correctly if you enter them exactly as shown on your W-2. If you're doing taxes by hand (why would you torture yourself lol), the 1040 instructions explain each code and where it goes.
This is helpful but you missed Code C which is for taxable cost of group-term life insurance over $50,000. That's the one I always get confused about because I have to pay taxes on that benefit even though I never saw the money!
You're absolutely right about Code C! That's an important one I should have included. For group-term life insurance over $50,000 provided by your employer, the cost of coverage over $50,000 is considered taxable income. The confusing part is that this amount is already included in your Box 1 wages, so you don't need to add it again when filing. It's basically showing you what portion of your taxable wages came from this benefit that you never actually received as cash.
One thing that isn't mentioned yet - if you have multiple W-2s from different employers, you need to report ALL of the Box 12 codes from each W-2. I messed this up last year thinking I only needed to report the largest amounts and got a letter from the IRS about it. Most tax software has sections where you enter each W-2 separately, so just make sure you're entering everything exactly as it appears on each form. Don't try to combine them yourself.
Amara Adeyemi
Lots of good advice here already, but I wanted to add that you should also start putting aside some money now in case you do end up owing. Even if your employer agrees to fix the issue, the timing might not work out before you need to file your taxes. Better to be prepared and have some cash set aside than to be caught off guard. If you end up not owing or getting it resolved, you can always use that money for something else!
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StarSurfer
ā¢That's a smart idea. Do you know if there's any way to make an extra payment to the IRS before I file to make up for the shortage?
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Amara Adeyemi
ā¢Yes, you can make what's called an "estimated tax payment" to the IRS before you file. Go to IRS.gov and search for Form 1040-ES, or you can pay directly through their online payment system. Just make sure you keep the confirmation for when you file your taxes so you can properly credit that payment. If your employer fixes the issue and reimburses you later, that payment you made won't go to waste - it'll either reduce what you owe next year or increase your refund when you file for 2025.
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Giovanni Gallo
I went through this exact situation last year! The company accounting person had entered my W4 as "married filing jointly" when I'm single, and I barely had any taxes taken out all year. What I did: I immediately submitted a new W4 with extra withholding in the "additional amount you want withheld" section. This helped offset some of the damage for the rest of the year. Also, keep all your emails showing you submitted the correct info - this might help if the IRS tries to charge you an underpayment penalty.
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Fatima Al-Mazrouei
ā¢This is good advice about the additional withholding. You can also ask them to take out a specific extra amount from each check for the rest of the year to make up for the underwithholding earlier.
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