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I dealt with this exact situation last year (spouse with fellowship stipend + W2). Don't file the SS-8! It's completely unnecessary in your case and will just delay your refund. TurboTax gets confused by the combination and assumes there might be a misclassification issue, but there isn't one. The fellowship is not employment - it's a grant/award, and then once your husband got his H1B, he became a regular employee. These are two different types of income, not a misclassification. If you want to be extra safe, have your husband get a letter from the university confirming the fellowship was not an employment relationship. We did this and had zero issues with our return.
Thanks for sharing your experience! Did you also report the fellowship stipend as "Other Income" like someone suggested above? And did you need to provide any additional documentation with your tax return?
Yes, we reported it as "Other Income" on Schedule 1 and labeled it as "Research Fellowship Stipend" in the description. This is the correct way to report it. We didn't need to attach any additional documentation to the tax return itself, but we did keep the letter from the university in our records in case of any questions. Most universities that regularly deal with international students and researchers have standard language they use for these letters that clearly explain the fellowship is not an employment relationship. Your husband should be able to request this from the international student/scholar office if you want extra peace of mind.
Just wondering - did TurboTax give you any option to override the SS-8 recommendation? I'm using H&R Block software and had a similar situation (though not visa-related), and was able to just check a box saying "I've determined this form is not needed" and continue with my filing.
I used TurboTax last year for a similar situation and there was definitely an option to override. It's usually something like "I understand but want to continue without filing this form" somewhere on that screen. They make these warnings look scary but many are just precautionary.
Just wanted to share something no one mentioned yet. For the missed stimulus payments, you claim them on your tax return for the year they were issued as the "Recovery Rebate Credit." I missed a stimulus payment too, and got it back as part of my refund. Make sure you're filing the right tax year forms and look for that specific credit!
Thanks for mentioning this! Do you know which form specifically I need to look for? And would I need to file separate returns for each year to get the different stimulus payments?
You'll claim the Recovery Rebate Credit directly on your Form 1040 for each year. There's a specific line for it on each year's tax return. And yes, you'll need to file a separate return for each tax year to claim the stimulus payments from that year. Each stimulus payment is tied to a specific tax year. So for example, the first two payments from 2020 would be claimed on your 2020 tax return, while the third payment from 2021 would be claimed on your 2021 return. Make sure you're using the correct year's tax forms when you file!
I might be the only one, but I'm worried about the father using OP's SSN. That's identity theft even if it's family! Have u considered filing a police report? My cousin went thru this with her mom and it sucked but she had to make it official to protect herself from future financial problems.
This is actually really important advice. I had a similar issue with a family member using my info. Without a police report, it was much harder to clear things up with credit bureaus and the IRS. They often require an official report for identity theft cases.
Something nobody has mentioned yet - filing separately can sometimes be better if one spouse has income-based student loan payments (especially if they're on an income-driven repayment plan). Filing separately can keep their reported income lower for loan payment calculations, even if it means paying slightly more in taxes. Also, if one spouse has significant medical expenses, filing separately might allow them to deduct those expenses more easily since the threshold is based on AGI (you can deduct medical expenses that exceed 7.5% of your AGI).
Wait, that's super relevant to us! My husband has about $45,000 in student loans on an income-based plan. How would filing separately affect his payments? Would the tax hit be worth the loan payment savings?
The impact depends on the specific repayment plan he's enrolled in. If he's on an Income-Based Repayment (IBR), Pay As You Earn (PAYE), or Income-Contingent Repayment (ICR) plan, filing separately could potentially lower his monthly payments significantly because they'll only count his income rather than your combined household income. Whether it's worth it requires calculating both the tax difference and the loan payment savings. For example, if filing separately costs you $1,000 more in taxes but saves $150 monthly on loan payments ($1,800 yearly), you'd come out $800 ahead. Many people in your situation find that the student loan savings outweigh the tax inefficiencies, especially if the income disparity between spouses is significant.
Has anyone actually done the math on this? I think the increased standard deduction for married filing jointly usually makes filing jointly better in most cases. For 2025, married filing jointly gets a standard deduction of around $29,200 while married filing separately only gets about $14,600 each. When you factor in the different tax brackets too, most couples come out ahead filing jointly, especially if one person makes significantly more than the other.
You're right about the standard deduction but wrong about married filing separately. MFS doesn't get the single filer standard deduction - both spouses have to take the same type of deduction (either both itemize or both take standard). And if one itemizes, the other MUST itemize even if they have zero deductions. This trips up a lot of people.
Just a heads up - even though your 2022 return was accepted, you might still face a late filing penalty IF you owed taxes (which you don't, so you're probably fine since you're getting a refund). For anyone else reading this who missed filing and OWED money, you'll likely face both late filing and late payment penalties. The late filing penalty is usually 5% of unpaid taxes for each month your return is late, up to 25%. The late payment penalty is typically 0.5% of unpaid taxes per month, up to 25%.
Can you claim reasonable cause to avoid penalties? My mom got really sick last year and I completely forgot to file my 2022 taxes until recently.
Yes, the IRS does accept reasonable cause explanations for waiving penalties in certain circumstances, and a serious illness in the family can definitely qualify. You'll need to attach a signed statement explaining the situation when you file your late return. Be specific about the timeline of your mother's illness and how it prevented you from filing on time. Make sure to gather any supporting documentation you can, like medical records or doctor's notes. The more documentation you have, the stronger your case will be. Just be aware that the IRS reviews these on a case-by-case basis, so there's no guarantee, but they do often show leniency in genuine hardship situations.
Something similar happened to me but my e-file for 2022 was rejected cause of an IP PIN issue. Had to paper file instead. Anyone know if paper filing for prior year returns is taking forever right now?
Ravi Patel
Something important nobody mentioned yet - if u claim 100% business use, u CANNOT take even a single personal trip in that car. IRS is super strict about this! My friend got audited last year for his doordash car because he claimed 100% but then had a gas receipt from a vacation trip 300 miles away from his delivery zone. Ended up owing thousands plus penalties! If ur gonna share the car with ur dad, might be better to claim like 90% business use to be safe unless ur absolutely certain it will NEVER be used personally.
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Amina Diallo
β’Thanks for this warning! This is making me rethink our plan. Maybe instead of claiming 100%, we should just track the mileage super carefully and go with the actual percentage. I definitely don't want to deal with an audit. Do you know if we need to keep paper logs or if the delivery apps' records are enough proof?
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Ravi Patel
β’The delivery apps aren't enough for the IRS if you get audited. You need a detailed mileage log showing starting and ending odometer readings for each delivery shift, dates, and business purpose. There are some good apps like MileIQ or Stride that make it easier. Also don't forget you can deduct more than just the car itself! Hot bags, phone mounts, portion of phone bill, extra car chargers - all that stuff is 100% deductible separately from your vehicle expenses. I even deduct part of my Spotify since I play music during deliveries lol.
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Astrid BergstrΓΆm
Lots of good advice here but nobody's mentioned Section 179! If you use the car 100% for business and buy it in 2024, you might be able to deduct the ENTIRE purchase price in year one instead of depreciating it over several years. There are limits tho - I think the vehicle needs to be over 6000 lbs for full Section 179 and there are dollar limits for cars under that weight. Worth looking into!
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PixelPrincess
β’That's somewhat misleading. Most food delivery people aren't driving vehicles over 6000 lbs - that's like a large SUV or truck. For regular cars, the Section 179 deduction is capped MUCH lower - around $19,200 for 2024 I believe. And remember you can't claim more in deductions than you earn from your delivery work!
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Astrid BergstrΓΆm
β’You're right - I should have been clearer about the weight limitations. For most standard cars used for food delivery, there are lower caps on Section 179. For 2024, passenger vehicles are limited to around $19,200 for the first year if they weigh less than 6,000 lbs. And you made another great point - your total deductions can't exceed your business income, so if you're just starting out in delivery, you might not have enough income to take advantage of the full deduction in year one. Any unused portion can be carried forward to future years though!
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