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Just to add something that hasn't been mentioned yet - if you're still having trouble after trying all these suggestions, contact your sister's state Department of Labor. Many states have laws requiring employers to provide final wage statements and other employment documents to authorized representatives. Sometimes a letter from a state agency carries more weight than one from a family member.
Would this work even if it's been several months since the person passed away? My grandfather died last summer and we're still trying to get his final documents from his employer.
Yes, it would still work even after several months. Most state labor departments will handle wage complaints going back at least a year, sometimes longer. The statute of limitations for wage-related claims is typically 2-3 years depending on the state. Just make sure you have the documentation showing you're authorized to act on behalf of the estate. Also bring copies of any communication you've had with the employer showing you've made reasonable attempts to get the documents.
Has anyone dealt with this situation for someone who worked in multiple states during their final year? My husband passed away in March and had jobs in both Texas and Oklahoma last year. Getting his W-2 from the Oklahoma employer has been impossible so far.
I helped settle my cousin's estate last year who worked in both New York and New Jersey. For the employer that wouldn't provide the W-2, we ended up having to file separate state returns and use Form 4852 as others have mentioned. The most important thing was having his last pay stubs from each state to verify the state withholding amounts.
One thing nobody's mentioned yet - if your girlfriend claims Head of Household with your child as her qualifying person, she'll get a significantly better tax bracket than filing as Single. In 2025, HOH filing status has wider tax brackets and a higher standard deduction ($20,800 vs $14,600 for Single filers). Also worth noting that if she qualifies for Earned Income Credit with a qualifying child, that could be worth up to $3,995 depending on her exact income. This is ON TOP OF the Child Tax Credit everyone's been mentioning. All these credits and deductions could potentially mean several thousand dollars more in her refund!
How does someone prove they're eligible for Head of Household status if they're audited? My tax guy always warns me about claiming this when I'm not 100% sure.
To prove Head of Household eligibility during an audit, you'd need documentation showing: 1) You paid more than half the costs of keeping up the home (rent/mortgage receipts, utility bills, grocery receipts, etc.), 2) You have a qualifying person who lived with you for more than half the year (school records, medical records, birth certificate for a child), and 3) You're unmarried or considered unmarried for tax purposes. It's definitely worth claiming if you qualify, as the tax benefits are substantial. The IRS mainly wants to see that you're financially responsible for the household and have a qualifying dependent. Keep good records of your expenses if you're concerned about potential audit risk.
Just a warning - if your girlfriend hasn't filed in "a few years" she needs to get caught up before claiming these credits. The IRS is cracking down HARD on unfiled returns, especially when people suddenly file claiming refundable credits like the Child Tax Credit. Has she been getting notices from the IRS about unfiled returns? If she was working W2 jobs, even small ones, the IRS knows about that income. If they're already processed substitute returns for her, it can complicate things. The IRS can hold your current refund until all prior required returns are filed. Don't let that catch you by surprise when you're counting on that money for a house!
8 Don't overthink the W-4! I'm a payroll specialist and see people stress about this all the time. Quick tip: the IRS withholding calculator is your best friend for complicated situations like yours. Just Google "IRS tax withholding estimator" and it'll walk you through everything. You'll both need to update your W-4s for best results.
1 I tried using that IRS calculator but got stuck when it asked for YTD income and withholding amounts. Since I haven't started the job yet, I don't have that info. Should I just put zeros?
8 For your new job, yes, you would put zeros for the YTD income and withholding since you haven't started yet. The calculator will still work - it'll just base the calculations on projected amounts for the remainder of the year. For your wife, you should use her actual YTD information from her most recent paystub. That way, the calculator can give you the most accurate recommendation based on what's already happened this year and what's projected to happen with both incomes going forward.
17 Has anyone used the IRS online portal to adjust withholding throughout the year? I'm wondering if it's better to start with a "safe" W-4 filing and then adjust as needed.
3 The IRS doesn't have an "online portal" for W-4 adjustments - you have to submit a new W-4 to your employer anytime you want to change withholding. I usually file a new W-4 quarterly since my commission income fluctuates. Most HR departments let you update it anytime.
I just want to clear up a common misunderstanding. The Social Security Administration and IRS are separate agencies but they do share information. Here's what happens with name changes: 1) You apply to SSA for name change 2) SSA processes your application 3) SSA issues new card 4) SSA updates their database 5) The IRS periodically receives updates from SSA Until all those steps are complete, the IRS will reject tax returns with your new name. Most important thing is to be consistent - use the name that matches your current Social Security card when filing taxes.
So how long does it typically take for the IRS to get the updated info from SSA after you get your new card? Is it immediate or is there like a delay of weeks/months?
It's usually not immediate. The SSA and IRS data synchronization typically happens within 2 weeks after your new card is issued, but in some cases it can take up to a month. However, you don't need to worry about the exact timing. Once you receive your new Social Security card with your updated name, that's your confirmation that the change is official with the SSA. For any tax filings after that point, you should use your new name as it appears on your card.
I work at H&R Block and see this all the time. File with whatever name is on your Social Security card RIGHT NOW. If your card still has your maiden name, use that even if you've already applied for a change. The IRS compares the name/SSN combo against the Social Security database during e-filing, and if they don't match exactly, your return gets rejected.
Is there any way around this? Like can she file a paper return with her married name instead of electronic filing? My sister had a similar issue.
Dominic Green
Be careful about amending right away! Make sure you understand EXACTLY what the preparer did first. My sister had a similar situation and rushed to amend her return, but ended up creating more problems because she didn't understand what she was fixing. Get a professional review of your return (a legitimate CPA, not another random preparer). You might also want to check if your preparer has credentials - some people call themselves "tax preparers" without any qualifications at all.
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Jordan Walker
ā¢That's good advice. Do you know how much it typically costs to have a CPA review a return that's already been filed? I'm already out the $125 I paid the fraudulent preparer plus whatever I'll end up owing the IRS... trying not to break the bank here.
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Dominic Green
ā¢Most CPAs will do a basic review of your situation for around $100-200, which I know feels like throwing good money after bad, but it's worth it to make sure everything gets fixed correctly. Some might even do a quick initial consultation for free to at least point you in the right direction. You can also check with the Volunteer Income Tax Assistance (VITA) program if your income is under about $60k. They provide free tax help and might be able to advise you on next steps without charging anything.
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Hannah Flores
Does the tax return have an EFIN or PTIN number on it anywhere? All legitimate tax preparers have to have these identification numbers. If they're missing, that's another red flag that you're dealing with someone who isn't properly registered with the IRS.
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Kayla Jacobson
ā¢Also check if they signed the return as a preparer! That's required by law - if they didn't sign it that's a HUGE red flag. Legitimate preparers always sign the "Paid Preparer" section of the return and include their PTIN. If they did your taxes but didn't sign, they're trying to avoid accountability.
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