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Just a pro tip on the Failure to File penalty - if your brother-in-law has a clean tax history for the past 3 years (filed and paid on time), he might qualify for First Time Penalty Abatement. The IRS doesn't advertise this much, but it's an administrative waiver they can grant. I had a similar situation in 2020 where I completely missed the filing deadline because of some family emergencies. Called the IRS, explained my situation, mentioned I had a clean record for the previous years, and they removed about $1,200 in penalties on the spot. Definitely worth asking about!
Does this work if you were late two years in a row? I was late filing in 2021 and 2022, but was always on time before that.
Unfortunately, it probably won't work for consecutive years. First Time Penalty Abatement typically requires a clean compliance history for the three tax years prior to the year you're requesting abatement for. Since you were late in 2021, you likely wouldn't qualify for abatement of the 2022 penalties. However, you might have qualified for abatement of the 2021 penalties if you were compliant for 2018-2020. If you haven't already requested that, it might be worth exploring. For 2022, you'd need to look at other grounds for abatement like reasonable cause (serious illness, natural disaster, etc.) rather than the first-time administrative waiver.
One important clarification - the Failure to File penalty is calculated as 5% per month of the UNPAID tax. If he paid most of what he owed and only had a small balance due, the penalties would be much smaller than if he paid nothing. For example, if he owed $10,000 but paid $9,000 with his late extension, the 5% penalty would only apply to the remaining $1,000 (so $50 per month rather than $500 per month if he paid nothing).
Thank you!! This makes a huge difference for my situation - I've been panicking about potentially owing thousands in penalties, but I did pay about 80% of my taxes on time, just filed late. This means my penalties should be WAY lower than I was calculating.
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I'm a tax pro and I handle these Premium Tax Credit verification requests pretty regularly. Here's what you need to know: 1) Since you're not listed as the preparer, the IRS won't discuss anything with you without a Form 2848 (Power of Attorney). 2) However, your fiancée can simply sign the letter herself and include copies of all requested documents. No POA needed if she's the one submitting it. 3) Make sure you include the EXACT letter they sent her with your response. 4) If there's a reply envelope, use it. Otherwise clearly write her SSN and tax year on everything you send. 5) Keep copies of EVERYTHING and send it certified mail so you have proof of when it was delivered. The Premium Tax Credit verification is pretty routine - just include the 1095-A, Form 8962, and any other supporting docs they asked for. No need to overcomplicate it!
Thanks for this detailed response! Do you think there's any advantage to having me listed as her representative with a Form 2848 for potential follow-up questions? Or is it better to keep it simple and just have her sign everything directly?
If you anticipate ongoing issues or follow-up questions, then yes, filing Form 2848 would be beneficial as it allows you to speak directly with the IRS on her behalf. This can be especially helpful if they need additional clarification or if something is still unclear after your initial response. However, if the documentation you're providing is straightforward and addresses all their concerns, keeping it simple with just her signature is probably sufficient. The key is ensuring all requested information is provided completely and accurately the first time to avoid delays.
I dealt with this exact situation last year with my wife's return and Premium Tax Credit! The issue was that the 1095-A from the marketplace didn't match what we reported on Form 8962. Since you already have a PTIN, definitely file the 2848. Here's why: If there are any follow-up questions (which happened in our case), you can call the IRS directly instead of having to relay messages through your fiancée. Just make sure on the 2848 you specifically list "Form 1040" and the specific tax year, and also mention "Premium Tax Credit" in the description section. Being specific helps avoid any confusion about what you're authorized to discuss.
Did the IRS eventually approve your Premium Tax Credit? My wife and I are going through something similar right now and I'm worried they'll deny it completely.
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International student advisor here. ALWAYS include your 1042-S with your tax return. The form reports income that's subject to withholding for nonresident aliens, regardless of tax treaty status. Common misconception: Many students think 1042-S only matters if you have tax treaty benefits. Not true! It reports things like: - Scholarship/fellowship portions that exceed tuition (taxable) - Certain campus employment that might be exempt from FICA but still taxable for income tax - Other payments to nonresidents that have special withholding rules Without filing it, you're likely either overpaying or underpaying your taxes, which could cause problems later.
What if I already filed without including my 1042-S? Should I submit an amended return or just leave it?
Yes, you should definitely file an amended return (Form 1040-X) if you've already submitted your taxes without including your 1042-S. Leaving it could potentially lead to issues down the road. If the 1042-S shows additional withholding that wasn't reflected in your original return, amending could actually result in a larger refund for you. If it shows taxable income that wasn't properly reported, filing an amendment now is better than dealing with a potential audit or notice from the IRS later.
Just want to share my experience - I'm from India (no tax treaty) and was really confused by the 1042-S my university sent me. I thought I only needed to worry about my W-2. I used TurboTax at first (big mistake for international students!) and it didn't even ask about 1042-S. Later used Sprintax which properly handled both forms. Bottom line: The 1042-S showed additional withholding my university had already taken from my scholarship that covered room and board (the portion exceeding tuition was taxable). By including it, my tax bill dropped by $275. Definitely include your 1042-S!
TurboTax doesn't work for international students? I was just about to use it...
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For what it's worth, your choice between leaving the return as is vs amending really depends on the dollar amount difference. You can estimate the difference by running your info through a tax calculator both ways. If the difference is only a couple hundred bucks, personally I wouldn't bother with the amended return hassle. If it's $1000+, then it's probably worth doing. Remember that amended returns can't be e-filed and take 4-6 months to process right now.
Thanks for this perspective. I ran some rough numbers and looks like the difference would be around $1,200. That's definitely significant enough to make me consider filing an amendment. Do you know if filing an amended return would affect my current refund that's being processed? Like would they hold the original refund until the amendment is processed?
Your original refund should process normally and you'd receive it as expected. The amended return processing happens separately and any additional refund would come later. The IRS treats these as two separate processes, so you won't lose your current expected refund by filing an amendment. If anything, you'll just get the difference as a second refund check/deposit after they process the 1040-X form.
Just adding my experience - I was in this exact situation last year (filed single when I should have been HOH). I filed an amended return and it took almost 7 months to get the additional refund. The IRS is super backed up with amended returns.
Did you mail in your amended return or file electronically? I heard they finally started allowing electronic amended returns but not sure if that speeds things up.
Caden Nguyen
Just a tip from someone who went through this last year - if there's any chance the estate might be worth over $12.92 million (2023 limit), you definitely should consult with an estate attorney about Form 706. Most people won't need to worry about this, but if you do, the penalties for missing it are serious. Also, don't forget state taxes! Depending on your state, there might be separate estate or inheritance tax returns required at much lower thresholds than the federal exemption. My mom's estate was nowhere near the federal limit but still needed to file a state return.
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Avery Flores
•Do you know if there's a time limit for filing the final personal tax return? My father passed away 7 months ago, and I'm just now getting to organizing his taxes. Not sure if I'm already late or if there are extensions for this situation?
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Caden Nguyen
•The deadline for filing the final personal tax return (1040) follows the normal tax deadlines - so generally April 15th of the year following death. If your father passed 7 months ago, you're likely still within the deadline for his final personal return, especially if he passed in the current tax year. You can also request a 6-month extension using Form 4868, just like with regular tax returns. However, if any tax is owed, it should still be paid by the original deadline to avoid penalties and interest, even if you extend the filing deadline.
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Zoe Gonzalez
Has anyone used an actual CPA instead of H&R Block for deceased tax filing? We're trying to decide if it's worth the extra cost. My sister had rental properties and a small business when she passed, so it's pretty complicated.
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Ashley Adams
•I used a CPA for my husband's final return because he had a business and investment properties. Honestly it was worth every penny - she found deductions I never would have known about and correctly handled the stepped-up basis for inherited assets which saved thousands in potential capital gains. H&R Block is fine for simple returns but for complex situations with businesses or significant assets, a CPA who specializes in estate taxation is definitely worth the investment.
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