


Ask the community...
Everyone's making this so complicated. The easy solution: file as "Married Filing Separately" and write "NRA" (Non-Resident Alien) where it asks for your spouse's SSN. You don't need an ITIN for your spouse unless they had US income or you're trying to claim certain credits. I've been doing this for years with my wife in Thailand. Most tax software can handle it, but you might need to override some error messages that pop up about missing SSNs. H&R Block's software has worked fine for me.
Thanks for this straightforward advice! Do you have to attach any special forms or documentation when you write "NRA" for your spouse? I'm worried about my return getting flagged for review if I just write that in.
No special forms needed when filing separately with an NRA spouse! The IRS is completely familiar with this situation. Just write "NRA" in the space for the SSN and proceed normally. I've been doing it for 7 years and never had a return flagged or questioned. The only time you need additional forms is if you're claiming your spouse as a dependent (which you generally can't), filing jointly (which requires an ITIN and a special election), or if your spouse had US income. For a simple MFS with an NRA spouse with no US ties, it's very straightforward.
Watch out for the "innocent spouse" rules if you're separated but still legally married. Since you're responsible for any tax issues on a joint return, filing separately is probably safest in your situation, especially if you don't have much contact with your spouse or visibility into his foreign income. Also, if you ever plan to divorce, consider how filing status might affect that process. Tax filings can sometimes be used as evidence in divorce proceedings regarding financial separation.
This is really important advice! My friend got stuck with a huge tax bill because her estranged husband in Germany had unreported income when they filed jointly. The IRS came after her even though she had no idea about his finances!
One thing nobody's mentioned yet - consider your withdrawal strategy over the 10 years carefully. Since distributions are taxed as ordinary income, taking out the entire balance in one year could push you into a much higher tax bracket. I inherited an IRA from my uncle a couple years ago, and my accountant suggested spreading withdrawals over several years to minimize the tax impact. You might want to take larger distributions in years when your other income is lower.
That's really helpful advice about spreading out the withdrawals. Do you think there's any advantage to starting withdrawals now versus waiting closer to the 10-year deadline? I'm wondering if we should just let it grow for a while since our income is pretty high right now.
It really depends on your current income situation and future expectations. If your income is particularly high right now, it might make sense to delay distributions until a later year when you might be in a lower tax bracket. However, if you expect your income to increase in coming years or if the account might grow substantially, earlier withdrawals could make sense. There's also the benefit of tax-loss harvesting opportunities in down markets. I'd recommend running some projections with different withdrawal scenarios to see what makes the most sense for your specific situation.
Just want to confirm what others said - I work with retirement accounts and the Schwab advisor was definitely wrong. Traditional IRA distributions are ALWAYS taxable as ordinary income when withdrawn, whether original or inherited. The only exception would be if the original owner made non-deductible contributions (which is rare and would be documented on Form 8606).
Avoid ERC Specialists and Omega Tax Credits at all costs! They took on our claim, charged us a 22% fee upfront, then barely filed any paperwork. When the IRS rejected our claim, they blamed us for "insufficient documentation" even though we gave them everything they asked for. Now we're out $3,200 in fees and still have no credit. Plus we're getting audit notice letters that they're not helping with. Complete nightmare.
This seems to be a common pattern. Was there anything in their contract about what happens in case of rejection? Did you sign something saying fees aren't refundable?
The contract had very fine print saying fees were "earned upon submission" regardless of outcome. They also claimed their "proprietary review process" determined we were eligible, which gave us false confidence. Looking back, there were red flags - they never asked for documentation of actual business impact or government orders affecting us. They just wanted payroll records and made big promises about getting "maximum credits.
Has anyone used Bottom Line Concepts for ERC? My business banker recommended them but I'm hesitant to pull the trigger without hearing some real experiences.
We used them for our restaurant. They were thorough but incredibly slow. Took them 3 months just to prepare our claim after we provided all docs. Their fee was reasonable (15%) but they only collect after you get paid. Still waiting on our money 11 months later, but at least they check in monthly with updates.
Don't forget that some states have different rules too! The federal calculation might come out the same for you filing jointly vs separately, but your state might have different brackets or rules. I'm in California and we found a significant difference at the state level even when federal was a wash. My accountant told me it's really common for high-income dual-earner couples in California to see this.
Is there an easy way to figure out the state difference? I'm in New York and now I'm wondering if I've been leaving money on the table for years.
For New York specifically, the differences can be significant because NY has a pretty progressive tax rate structure. The easiest way is to run the calculations both ways using NY's tax tables, which you can find on the NY Department of Taxation website. The key thing to check is whether you and your spouse would fall into different tax brackets individually versus where your combined income lands. Also, NY has some credits that follow federal rules about filing status, so if you'd lose certain credits federally by filing separately, you might lose the corresponding NY credits too. I usually just run a quick calculation both ways in our state's online tax calculator to see the difference. Takes about 15 minutes but has saved us hundreds some years.
One thing nobody's mentioned yet is the Alternative Minimum Tax (AMT). If you're in a higher income bracket, the AMT can hit couples filing jointly differently than those filing separately. When my wife and I were in a similar income situation (both making around 100k), we actually got hit with AMT when filing jointly but not separately. Has anyone else run into this? Is this still a concern with the current tax laws?
The Tax Cuts and Jobs Act significantly reduced the impact of AMT for many taxpayers by increasing the exemption amounts and phase-out thresholds. But it's still something to consider for higher incomes, especially if you have lots of certain types of deductions or exercise stock options. I got caught by this too, but in reverse - filing separately actually triggered AMT for us when jointly didn't. It's definitely worth running the numbers both ways if you're near those thresholds.
Ethan Wilson
Don't stress too much about the tax brackets! Like the expert said, they're progressive. For example, if the 22% bracket starts at $44,725 and you made $50,000, only the $5,275 above the threshold gets taxed at 22%, not your whole income. I freaked out about this my first year with a big raise too!
0 coins
Anastasia Sokolov
ā¢That makes so much more sense! I was worried my entire income would get hit with the higher rate. What about the freelance income though? Is that taxed differently than my regular job income?
0 coins
Ethan Wilson
ā¢Your freelance income is subject to both income tax (at the same progressive rates as your W-2 income) AND self-employment tax, which is an additional 15.3% to cover Social Security and Medicare. This is because when you're self-employed, you're paying both the employer and employee portions of these taxes. You can deduct business expenses from your freelance income though, which helps reduce both taxes. Things like supplies, software subscriptions, and potentially a portion of your home office if it's used exclusively for the freelance work. Just keep good records of everything!
0 coins
Yuki Tanaka
If your employer has an actual office u could go to, but u choose to work from home, you CANT take the home office deduction for that job if ur a regular W-2 employee. That deduction was suspended for employees from 2018-2025. You might be able to take it for your freelance work tho!
0 coins
Carmen Diaz
ā¢This is correct! I work as a tax preparer and see this mistake ALL THE TIME. The home office deduction is only for self-employed people (Schedule C filers) or certain statutory employees. Regular W-2 employees can't take this deduction anymore after the Tax Cuts and Jobs Act.
0 coins