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Unmarried couple with 3 kids - can lower-earning partner file and claim kids for bigger refund?

My girlfriend and I have been living together for years with our 3 kids. We're not married (yeah I know, we should get on that lol). I bring home about $95k annually while she makes around $52k. Every year I've filed as Head of Household and claimed all three children as dependents. This year, she's suggesting that she should file and claim the kids instead. Her reasoning makes financial sense on paper - if she claims the kids, she'd qualify for Earned Income Credit since her income is considered low enough for a household with 3 dependents. According to our calculations, if I claim the kids our combined refund would be around $5.5k (with me getting $5k and her getting about $500). But if she claims them, we'd get approximately $19k total refund, plus extra child credit from our state program. Here's what's making me hesitate: we live together full-time in a house we co-own, split expenses (though obviously I contribute more since I earn more), and there are absolutely no custody arrangements or anything like that. We're essentially a married couple without the certificate. I'm worried this might be some kind of oversight that could come back to bite us later. Would we have to refile? Is this even allowed when we're permanently living together? Does the higher-earning parent have to be the one who claims the kids? I don't want to mess with the IRS or have to pay everything back later.

Be super careful with this! My cousin and her boyfriend tried something similar and got audited. The IRS made them pay back all the extra refund money plus penalties. The problem was they both lived together full-time and the lower-income partner claimed all the kids even though the higher-income partner was providing most of the household support. The IRS has specific tiebreaker rules that say if you both live with the kids and both qualify to claim them, the person with the higher AGI gets to claim them.

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This happened to my sister too! The IRS came back TWO YEARS later asking for everything back plus interest. They said since both parents lived in the home full-time, the higher income parent had to claim the kids according to the tiebreaker rules.

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I understand your situation completely - my partner and I faced this same dilemma a few years ago. The $13.5k difference in refunds is definitely tempting, but you're right to be cautious. The reality is that when both unmarried parents live together full-time with the children, the IRS tiebreaker rules typically require the higher-income parent (you) to claim the dependents. Your girlfriend claiming all three kids while you both live together and you earn nearly double her income would likely trigger red flags if audited. However, there are legitimate strategies you might consider: 1. **Split the dependents**: You could claim 1-2 children while she claims the other(s). This allows both of you to potentially qualify for Head of Household status and her to get some EIC benefits. 2. **Document everything**: If you do split, keep meticulous records of which parent pays for what expenses for each specific child (childcare, medical, clothes, activities, etc.). 3. **Consider marriage**: I know you joked about it, but getting married might actually optimize your tax situation even further, especially with the changes to filing jointly vs. separately. The key is staying compliant while maximizing benefits. That $19k refund sounds great until you have to pay it all back with penalties and interest. I'd recommend consulting with a tax professional who specializes in unmarried parents situations before making any major changes to your filing strategy.

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Emma Davis

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I went through this last year. Let me tell you what worked for me: Get on a payment plan as soon as possible after filing. IRS Fresh Start program was a lifesaver. They let me pay a small amount monthly based on my actual ability to pay. Also, after you file all required returns, you can request penalty abatement through Form 843. I was able to get first-time penalty abatement which eliminated a ton of the failure-to-file penalties for my earliest unfiled year. Didn't help with interest, but still saved thousands. Don't forget about state taxes! Each state has different requirements and lookback periods. Some states (like CA where I am) can be even more aggressive than the IRS about collection.

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LunarLegend

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Thx for the penalty abatement tip! Did they give you any trouble about approving it? How long did the whole process take from when you first filed your back taxes to getting the payment plan and abatement?

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Chloe Harris

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I really appreciate everyone sharing their experiences here. As someone dealing with anxiety and depression like you mentioned, I want to emphasize that taking action - even small steps - really does help reduce the overwhelming feeling about this situation. One thing that helped me personally was breaking it down into very manageable chunks. Week 1: just request transcripts. Week 2: organize what I found. Week 3: tackle one year at a time. The mountain becomes much more climbable when you're not trying to solve everything at once. Also, don't beat yourself up about the COVID relief programs you missed. Focus on what you can control moving forward. The IRS genuinely wants people to get back into compliance, and there are more options available than most people realize. Consider reaching out to a Low Income Taxpayer Clinic (LITC) in your area if money is tight. They provide free or low-cost representation and can help navigate the process. You can find one through the IRS website or by calling the Taxpayer Advocate Service at 1-877-777-4778. You're taking the right steps by addressing this now. It's never too late to get back on track.

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TechNinja

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I went through this EXACT scenario but back in 2022. Honestly, just file an extension right now! Not worth stressing over the S-Corp issue for 2023 - it's too late to use it for last year. Just make sure you're set up correctly for 2024. Here's what I wish someone told me: the S-Corp election is really only worth it once you're making consistent profit. My accountant said rule of thumb is $40k+ profit before the savings outweigh the hassle and extra costs. The first year I spent more money on payroll services, extra tax filings, and accountant fees than I saved in SE taxes!

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Did you setup the s-corp yourself or use a service? Looking at doing this myself this year.

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Josef Tearle

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Just wanted to echo what others have said - you definitely missed the window for 2023 S-Corp election since your LLC was formed in 2024. The IRS is pretty strict about those timing rules being based on entity formation date, not when you started business activities. That said, don't stress too much about it! For a side business that started mid-year 2023, you're probably not missing out on huge tax savings anyway. The S-Corp election really shines when you have consistent higher profits. Definitely file that extension (Form 4868) ASAP to buy yourself time until October. And when you do meet with an accountant, have them run the numbers on whether S-Corp makes sense for 2024 based on your projected income. Sometimes the extra compliance costs and payroll requirements aren't worth it until you hit that $40k+ profit threshold that others mentioned. Good luck getting everything sorted out! The fact that you're thinking about tax optimization shows you're on the right track with your business growth.

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Couple things I learned from buying an EV for my business last year: 1) The business EV credit doesn't have the same income limits as personal credit 2) If business buys it, you can potentially take bonus depreciation 3) Lease vs buy makes a huge difference 4) Double check which credit the specific EV qualifies for - some only get partial credit now 5) State incentives sometimes ONLY apply to personal purchases Talk to an accountant who specifically knows EV tax stuff. Regular CPAs often mess this up cause the rules change so much.

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Leasing is actually a huge factor right now - if you lease through certain companies they're passing the tax credit to consumers as reduced payments. Have you looked into that option?

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Great question! I went through this exact decision last year with my consulting business. Here's what I learned: The key factor is legitimate business use percentage. If your wife will use the EV >50% for business, buying through the business generally makes more sense. If it's primarily personal (<50% business use), personal purchase with business mileage deduction is usually better. For a new business that might show a loss: Personal purchase could be smarter because you get the immediate $7,500 tax credit (assuming income qualifies), plus you can still deduct business mileage at the standard rate. If the business buys it but shows a loss, those depreciation deductions don't help you right now. Don't forget to check: - Which specific EV models qualify for full vs partial credit - Your state's incentives (some only apply to personal purchases) - Whether leasing might be better (dealers can pass through credits as reduced payments) I'd recommend running the numbers both ways with actual projected income/expenses. The "right" answer really depends on your specific tax situation and how much business vs personal use the vehicle will actually see.

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Does anyone know what software the IRS is using these days? I heard they were still running on systems from the 1960s for some of their core processes. Maybe instead of hiring 87,000 people they should spend some of that money upgrading their tech?

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PaulineW

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They're still using COBOL programming language for their main databases, which was created in the 1950s! I saw an article that they have over 60 different case management systems that don't talk to each other. No wonder they're inefficient.

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Ryan Young

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The technology issue is a huge part of the problem! I work in federal IT contracting and the IRS modernization efforts have been ongoing for decades with mixed results. They're actually allocating about $3.2 billion of the new funding specifically for IT upgrades, including replacing those ancient COBOL systems. The challenge is that you can't just flip a switch and modernize everything overnight when you're dealing with systems that process 240+ million tax returns annually. They have to maintain the old systems while building new ones, then carefully migrate data without losing anything or creating security vulnerabilities. But you're absolutely right that better technology could reduce the need for some of those 87,000 hires. Automated processing, better taxpayer self-service portals, and AI-assisted correspondence could handle a lot of the routine work that currently requires human intervention. The IRS has been piloting some chatbot technology and online account features that show promise.

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