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Something similar happened to my brother last year. The identity theft department will help, but here's what you absolutely need to do right now: 1. File a police report about the identity theft - some IRS departments require this 2. Pull your husband's credit reports to check for other fraud 3. Put a fraud alert on his credit reports with all three bureaus 4. File Form 14039 (Identity Theft Affidavit) if the IRS hasn't already sent it 5. Consider freezing his credit while this is sorted out Even though it sounds like an IRS error rather than someone actively stealing his identity, these steps protect him in case there's more to it. When this happened to my brother, they discovered someone had somehow gotten access to his SSN and was using it for other purposes too.
Thanks for all these suggestions! We didn't think about checking his credit reports - doing that right now. Do you know if the IRS will require the police report even if they're the ones who made the mistake? And did your brother eventually get his refund?
The police report is a good idea regardless of where the error originated. When the IRS sees you've taken formal steps, they tend to prioritize the case more. Some IRS divisions won't process certain claims without it, so it's better to have it and not need it. My brother did eventually get his refund, but it took about 5 months total. The identity theft department issued him a new IP PIN to use for future tax filings as well, which adds an extra layer of security. Make sure your husband asks about getting an IP PIN once this is resolved - it's the best way to prevent similar issues in the future.
Just to give you a realistic timeline - I went through this exact situation in 2022. The IRS sent my $2300 refund to someone with a similar name. It took exactly 9 months from start to finish to get my money. The identity theft department is thorough but extremely slow. The thing that finally broke the logjam was contacting my congressional representative's office. Their constituent services team has liaisons with the IRS who can often cut through red tape. After 7 months of no progress, I reached out to my representative, and within 6 weeks, the issue was resolved and I had my refund. Don't hesitate to take this step if you're getting nowhere after a few months. It's literally their job to help constituents with federal agency issues.
Have you checked out the IRS Direct File program? It's new this year and completely free. I think it's limited to certain states for now, but worth checking if yours is included. It handles basic investment income including Schedule B without charging.
I've been using FreeTaxUSA for years and it handles Schedule B no problem. Federal is completely free regardless of which forms you need. They only charge like $15 for state filing. Way cheaper than TurboTax or H&R Block's "upgrades.
Just want to add - I'm a delivery driver too and I track all my car expenses with the Stride app. Even if you can't deduct the insurance directly, you could just take the standard mileage deduction instead (65.5 cents per mile for 2023). That covers gas, insurance, depreciation, everything. Way easier than tracking actual expenses and you don't need to worry about whose name is on what.
Does the standard mileage rate usually work out better than tracking actual expenses? My car is pretty old and fuel efficient but I'm driving a TON for deliveries.
In my experience, standard mileage usually works out better for newer cars or fuel-efficient vehicles. I drive about 25,000 miles a year for deliveries in a 2018 Corolla, and the standard deduction gives me around $16,000+ in deductions which is way more than I'd get itemizing. For older vehicles that might need more repairs or gas guzzlers, tracking actual expenses could potentially be better. The key is to try calculating both ways for a month and see which gives you the bigger deduction. Just remember if you choose actual expenses in the first year, you're generally stuck with that method for the life of that vehicle.
Wait, I'm confused on one thing - are you saying you personally drive the car, but the insurance is in your brother's name? Or is it his car too? Because if it's your car but just his insurance policy, that seems like a major insurance problem regardless of taxes. Insurance follows the car AND driver, and if you're the primary driver but not listed, they might deny claims anyway.
One thing to consider that I didn't see mentioned yet - if you're in a community property state, this gets even more complicated. My spouse and I were in a similar student loan situation, and we had to figure out who could claim our son while dealing with Arizona's community property laws. In community property states (AZ, CA, ID, LA, NV, NM, TX, WA, WI), income and deductions may need to be split 50/50 regardless of who earned what. This creates another layer of complexity for the married filing separately strategy.
Thanks for bringing this up! We're in Pennsylvania, which isn't a community property state. Do you know if there are any specific state-level considerations for non-community property states that might affect our decision?
For non-community property states like Pennsylvania, you generally report income and deductions based on which spouse actually earned the income or paid the expense, which is much simpler. The main state-level consideration would be your state tax rules around dependent exemptions or credits. Some states have their own child tax credits or dependent exemptions that might have different phase-out thresholds than the federal ones. Pennsylvania specifically has a relatively simple income tax system with a flat rate, but you should check if there are any dependent-related benefits at the state level that might influence your decision about who claims your daughter.
I'm surprised nobody mentioned the earned income tax credit. If the lower-earning spouse (husband in this case) claims the child, they might qualify for EITC, which you can't get if you file MFS. Might be worth running the numbers on filing separately vs jointly just to see the full picture.
StarStrider
As someone who purchased an EV last year, make sure you also check that the vehicle itself qualifies! There are price caps on the vehicles too - used EVs must be under $25,000 to qualify for the credit. And the dealer has to be a registered dealer, not just any private sale. Also, the credit is nonrefundable, meaning you need to have at least $4,000 in tax liability to get the full benefit. With your income level that shouldn't be an issue, but something to be aware of.
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Malik Davis
ā¢Thanks for mentioning the other requirements! I've been so focused on the income limits I forgot about vehicle price caps. Do you know if the $25,000 limit is before or after any dealer add-ons and fees?
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StarStrider
ā¢The $25,000 limit is based on the sales price of the vehicle itself, before taxes and fees. However, dealer add-ons that are included in the purchase price (like extended warranties sold by the dealer) would count toward that limit. Be careful about dealers who might try to structure the deal in ways that artificially lower the vehicle price while adding "mandatory" add-ons to get around the price cap. The IRS looks at the actual purchase price of the vehicle as reported on your sales documentation.
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Sean Doyle
Important point nobody's mentioned yet - if you buy the EV for your rideshare work, it will be a business vehicle (at least partially). This affects how you claim both the EV credit AND your future business deductions. If you use the EV 100% for business, you can take the full credit but then you can't also claim the standard mileage rate for those miles in future years. You'd need to use actual expenses method instead. If you use it partially for personal use (like 70% business/30% personal), the situation gets more complex.
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Zara Rashid
ā¢this isnt correct, i got the ev credit last year and still claim mileage. my tax guy said its fine cause the credit is for buying the car, deductions are for using it. totally different things.
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