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Another important thing to consider - your dad might be confusing the rules about child support and tax benefits. Paying child support doesn't automatically give him the right to claim the children as dependents. These are two completely separate things under tax law. Child support is a legal obligation that has nothing to do with who gets to claim the tax benefits. The IRS is concerned with who provides housing and care for the children (the custodial parent), not just who provides financial support. Your mom should definitely consider filing taxes even with just SSI income. The Child Tax Credit could be worth thousands to her, which would directly benefit your siblings.
Is this still true with the changes to the child tax credit? I thought they made some modifications recently and wasn't sure if non-working parents still qualify the same way.
Yes, this is still true even with recent changes. For 2023 tax filing (which happens in 2024), the Child Tax Credit is $2,000 per qualifying child under 17. The credit is partially refundable even for non-working parents - up to $1,500 per child can be received as a refund through the Additional Child Tax Credit. Even with just SSI income and no other earnings, the mother in this situation would likely qualify for the refundable portion if she's the custodial parent. There were temporary expansions to the credit during COVID that have expired, but the basic structure allowing non-working custodial parents to benefit still exists.
One thing no one has mentioned - if your dad claims the kids improperly, your mom can still file a paper return claiming them. Yes, it will trigger an IRS review, but that might be the easiest way to address this if your dad refuses to cooperate. When both parents claim the same dependents, the IRS will investigate and apply their tiebreaker rules. Since the kids live with your mom full-time, she'll win that determination. Your dad would then have to pay back any tax benefits he received plus possible penalties. It's not ideal and would delay any refund, but sometimes that's the only option when the non-custodial parent won't follow the rules.
We had something similar happen a few years back. If you want to avoid having your refund taken again this year, you might want to adjust your withholding so you don't overpay throughout the year. That way, you won't have a refund for them to take! My husband and I changed our W-4s after this happened to us, and now we either break even or owe a small amount at tax time. Then we just make a payment for exactly what we owe. This gave us more money in our paychecks throughout the year AND prevented the IRS from automatically taking a big chunk for past debts. We set up a payment plan for the old debt instead.
Doesn't that strategy risk owing penalties if you end up owing too much at tax time? I thought there were rules about having to pay enough throughout the year.
You're right to be concerned about that! You do need to be careful not to underwithhold too much. The general rule is you need to pay at least 90% of your current year tax liability OR 100% of last year's tax liability (110% if your income is over $150,000) through withholding and estimated payments to avoid underpayment penalties. What we did was calculate it pretty closely so we'd either get a very small refund or owe just a little bit. This way we avoided the penalties while also preventing large refunds that would be automatically applied to old debts. It takes a bit more planning, but the IRS has a good withholding calculator on their website that helps make sure you're still meeting the requirements.
Has anyone figured out if the statute of limitations applies to these shared responsibility payments? I thought most IRS debts had a 10-year collection period. Since this is from 2016, would they only be able to collect until 2026?
Yes, the standard 10-year statute of limitations for IRS collections does apply to shared responsibility payments. The clock starts ticking from the date the tax was assessed, not the tax year itself. So if the assessment happened in 2017 for a 2016 tax issue, the IRS would have until 2027 to collect. Keep in mind that certain actions can extend this timeline, like if the taxpayer requests a payment plan or submits an offer in compromise. But barring any extensions, the IRS generally has 10 years to collect on this type of debt.
As someone who used to volunteer with VITA (Volunteer Income Tax Assistance), I'd really encourage you to visit a VITA site for your situation. Look up "VITA free tax prep" and your city to find locations near you. Your case is complex and needs personal attention since it involves potential dependent claims as a minor. VITA volunteers are specially trained for situations like yours, particularly for lower-income families. They'll help determine if you can claim your siblings or if your mother should file even with only SSI income (sometimes filing is beneficial even without tax liability).
Thanks for the suggestion! Is there an age requirement for using VITA services? Like, can I go by myself at 16 or would I need my mom to come with me?
Great question! VITA doesn't have a minimum age requirement for the taxpayer themselves. Since you're filing your own return and have legitimate income, you can absolutely visit a VITA site without a parent. However, since your situation involves household members, it would be very helpful if your mom could join you. Many VITA sites can prepare multiple related returns together, which gives them a better picture of your full household situation. This would allow them to determine the best overall tax strategy for your family unit. But if your mom can't come, you can still get help with your return.
Just FYI - my cousin was in almost this exact situation (she was 17), and when she tried to claim her younger siblings, her return got flagged for review and was delayed by months. The IRS eventually allowed it after she submitted additional documentation, but it was a huge hassle. You might want to file on paper with a detailed explanation letter attached to avoid automatic rejections if you go this route.
One thing no one mentioned yet is that the tax brackets changed slightly from last year to this year due to inflation adjustments. So not only did your income go up (putting you in a higher bracket), but the brackets themselves shifted a bit. When combined with withholding that wasn't properly calculated for your new income, that's why you're seeing this difference.
Is there a simple way to check if your withholding is correct? I just started a new job and don't want to be surprised next April.
The IRS has a Tax Withholding Estimator tool on their website that's pretty straightforward to use. You input your income, filing status, and other tax situations, and it calculates whether your current withholding is appropriate or if you need to adjust your W-4. I'd recommend running this calculator midway through the year to make sure you're on track. It's especially important if you have multiple jobs, a working spouse, or any significant changes in your financial situation during the year.
This whole system is such a scam. The government knows exactly how much we owe, but they make us figure it out ourselves and then penalize us if we get it wrong. Meanwhile, rich people pay nothing with their fancy accountants finding loopholes. Last year I owed $600 after getting refunds for years and nearly had a heart attack.
It does seem unnecessarily complicated, but there are some free resources that can help. I've been using the free filing options through the IRS website for years and haven't had any issues. They partner with several tax software companies that offer free filing if your income is below a certain threshold.
Yara Khalil
Another strategy you might consider is timing your deductions. You could potentially still take the deductions but spread them out differently. Maybe take fewer deductions in the year before applying for your mortgage, then take more the following year to balance things out. That way you show higher income for the mortgage qualification but don't completely give up the tax benefits long-term.
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Keisha Brown
ā¢Does this actually work with mortgage lenders though? Don't they usually look at 2 years of tax returns? I wonder if they'd notice the pattern and question it.
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Yara Khalil
ā¢It can work depending on the lender and your specific situation. You're right that they typically look at 2 years, but many put more emphasis on the most recent year, especially if your income is trending upward. The key is to be strategic and consistent. Don't make it look like you're manipulating numbers - instead, make legitimate business decisions about when to make major purchases or when to defer income. For example, delaying some business purchases until after you close on the home is completely legitimate. Lenders understand that self-employed income fluctuates naturally.
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Paolo Esposito
Don't forget about self-employment taxes! If you choose not to take deductions, you'll pay more in income tax AND self-employment tax. For every $1000 in additional profit you show, you'll pay an extra $153 in SE tax (15.3%) plus whatever your income tax rate is. For most people that's at least another $120-220 per $1000 depending on your tax bracket. It adds up fast!
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Amina Toure
ā¢This is a really good point. When I did this last year, I was surprised how much extra I ended up paying because I forgot about the self-employment tax part. Definitely do the math carefully!
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