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3 One thing nobody's mentioned - if your spouse is from a country that has a tax treaty with the US, that could affect your filing strategy too. My husband is from the UK and we discovered some specific provisions that helped us. Also, make sure you look into whether your spouse needs to file an FBAR (Foreign Bank Account Report) if you have any shared accounts in their home country!
11 What kind of tax treaty benefits did you find with the UK? My wife is from Canada and I'm wondering if there are similar advantages. Also, what's the threshold for FBAR reporting? We have a joint account in her country but it's not a huge amount.
3 The UK-US tax treaty had specific provisions about pension contributions and certain types of investment income that were beneficial in our case. Every treaty is different though - the US-Canada one has its own unique aspects, so definitely look into that specifically. For FBAR reporting, the threshold is if your foreign accounts combined exceed $10,000 at any point during the year. Even if your individual account is small, if you have multiple accounts that together exceed that amount, you need to file. And remember, it's not just bank accounts but also investment accounts, certain pension accounts, etc.
20 Has anyone successfully e-filed with a spouse who has an ITIN? I tried last year but kept getting rejected and eventually had to paper file, which took FOREVER to process.
Don't forget to request transcripts as soon as your returns are filed! Most mortgage lenders will accept tax transcripts in lieu of waiting for the full processing. You can request them online through the IRS website once your returns have been accepted. The transcripts become available pretty quickly - often before the actual refund is processed - and that might be enough for your refinance.
Thanks for this tip! How long does it typically take for transcripts to become available after e-filing? Is it something I can access immediately after getting the acceptance confirmation?
Transcripts are usually available within 2-3 weeks after your e-filed return is accepted, sometimes even faster. You won't have access immediately after acceptance - the IRS needs to do some initial processing first. You can request them through the "Get Transcript" tool on IRS.gov once they're available. If you set up an online account with the IRS in advance, you'll be ready to download them the moment they're processed. Some mortgage lenders can also request the transcripts directly through a service called 4506-T if you sign an authorization form, which might save you some time.
Has anyone tried going to their local IRS office for this kind of situation? I've heard they can sometimes process things on the spot for hardship cases like mortgage deadlines.
I tried this route last year. You need to make an appointment first by calling 844-545-5640. They won't just let you walk in anymore. When I went, they helped me fill out the forms but still had to submit them through regular channels. They did give me a stamped copy though which my lender accepted as proof of filing.
Definitely file a complaint with your state's board of accountancy. I had a similar issue where a preparer messed up my rental property depreciation for TWO YEARS. When I approached them about it, they tried to blame me for "not providing clear information" even though I had emails proving otherwise. I filed a formal complaint and suddenly they became super cooperative - offering full refunds, interest payments, and free amendments. These regulatory boards have real teeth and preparers know they can lose their licenses. Make sure you have everything documented: - Copies of what you provided them - Their acknowledgement of receiving those documents - The errors on the filed returns - Estimates of financial impact
Do you need to have an actual CPA for this? My guy has some tax credential but I don't think he's a CPA. Not even sure what the difference is honestly.
You can file complaints against any tax preparer regardless of their credentials. For CPAs, you'd contact the state board of accountancy. For enrolled agents, you'd file with the IRS Office of Professional Responsibility using Form 14157. And for any preparer who has a PTIN (Preparer Tax Identification Number), you can still file with the IRS. The important thing is documenting that they had access to the correct information and still prepared the return incorrectly. The fact that your preparer advised you on the 940/941 process and then still filed Schedule H is particularly damning since it shows they knew about both methods and still double-taxed you.
As someone who used to work in a tax prep office, I can tell you mistakes happen, but this goes beyond a simple error. Double taxation like that should have been caught with even basic quality review. Don't let them off the hook with just a refund of preparation fees. The time and stress this has caused you deserves compensation too. And document EVERYTHING before confronting them - I've seen preparers try to alter records when they realize they're in trouble.
How often do these kinds of major errors happen? I always assumed professional preparers had software that would catch obvious stuff like double taxation...
Major errors like double taxation are relatively rare because most tax software does have flags for obvious issues. However, the software is only as good as the information entered into it. In this case, it sounds like the preparer entered the Schedule H without checking previous tax payments made through 940/941. Most professional offices have quality review procedures specifically to catch these kinds of errors - someone other than the preparer should review the return before filing. That's what's particularly troubling here. Either they completely skipped quality review, or whoever did it was equally incompetent. The issue with stock basis errors confirms a pattern of carelessness rather than a one-time mistake.
One thing to add about the Fresh Start Program - if you decide to go the Offer in Compromise route, make absolutely sure you stay compliant with all tax filings going forward! I had an OIC accepted, then missed filing a quarterly estimated tax payment the next year and the IRS revoked the whole agreement. Had to start over from scratch. Also, while you're waiting for your offer to be processed (which can take 6+ months), they'll pause most collection activities, which helps reduce stress during the waiting period.
That's really good to know about staying compliant! Do they require anything else besides making sure all future filings and payments are on time? Like are there any special forms I need to submit annually after getting approved?
The main requirement is that you file and pay all required tax returns on time for the next 5 years after your OIC is accepted. That includes making estimated tax payments if needed. No special annual forms are required, but you absolutely must stay current on all tax obligations. They monitor this closely and will terminate your agreement for non-compliance. Also, any refunds you would have received in the year your offer is accepted will be kept by the IRS and applied to your debt (this doesn't extend to future years' refunds). Think of it as being on tax probation for 5 years - just be meticulous about following tax rules during that period.
Don't forget about the impact of tax liens on your credit score and future house buying plans! While the Fresh Start Program made it harder for the IRS to file tax liens, they can still do it if you owe significant amounts. Under the program changes, the IRS generally won't file a lien if you owe less than $10,000 or if you set up a Direct Debit Installment Agreement for amounts under $25,000 that you'll pay off within 60 months. Also, if you already have a lien filed, look into the "lien withdrawal" provisions of the Fresh Start Program. Once you've paid your tax debt or set up a Direct Debit payment plan, you can request the IRS withdraw the lien notice, which helps your credit score recover faster.
Can confirm this helps with mortgage applications! Had a tax lien that was killing my chances of buying a home. Got on a direct debit payment plan and requested lien withdrawal through the Fresh Start provisions. My credit score jumped 85 points within two months of the withdrawal, and I was able to qualify for a conventional mortgage about 8 months later.
Luca Marino
I think everyone's missing the biggest issue here. You said you have papers saying you own a percentage of the house, but you're NOT on the deed? That's a HUGE problem! If that's the case, legally you don't own any part of the house at all, regardless of what your private agreement says. If your MIL had sold the house without paying you back, you'd have to sue her to get your money. The title/deed is what legally determines ownership, not a side agreement. For the tax question - based on how you described it, this sounds like a secured loan rather than actual ownership, which means getting your principal back isn't taxable. But I'd be more concerned about fixing your legal documentation if you plan to do arrangements like this in the future.
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Freya Larsen
ā¢Thanks for pointing that out. The agreement we have is more like a promissory note with the house as collateral. We knew we weren't on the deed, and trusted her (plus had the signed agreement). But you're right that in a worst-case scenario, we'd have had to take legal action if she refused to pay. For future reference, would you recommend actually getting on the deed for this kind of arrangement? Or is there a better way to structure it?
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Luca Marino
ā¢For future reference, there are several better ways to structure this. If you want actual ownership, you absolutely need to be on the deed - that's the only thing that legally establishes property ownership. Your name on the deed would make you true partial owners. If you prefer the loan approach (which is simpler), you could use a recorded mortgage or deed of trust. This creates a public record of your loan against the property and gives you much stronger legal protection. If she didn't repay, you'd have a straightforward foreclosure process rather than having to sue based on a private agreement. Either way, for amounts this large, it's worth spending a few hundred dollars on a real estate attorney to structure it properly. The peace of mind and legal protection are absolutely worth it.
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Nia Davis
Just to be clear about the structuring issue someone mentioned - breaking up deposits specifically to avoid the $10k reporting requirement is indeed illegal, but there's nothing wrong with splitting a large deposit due to bank limits. Receiving two $50k checks because of your bank's deposit limit is totally fine and normal. Just don't try to fly under the radar with those $9,990 checks you mentioned - that's exactly what the anti-structuring laws are designed to catch, and it can create much bigger problems than just reporting a legitimate transaction.
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Mateo Perez
ā¢This is so frustrating! The government makes you report large deposits of YOUR OWN MONEY coming back to you? It's none of their business if my family pays me back money I lent them. The whole banking system is designed to treat everyone like criminals.
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