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3 Don't stress too much about criminal charges. The IRS is mostly concerned with collecting taxes, not prosecuting people who are trying to fix their mistakes. Criminal charges are typically reserved for people who are deliberately committing fraud or trying to evade taxes, not those who fell behind and are now trying to catch up. I was in a similar situation about 5 years ago (hadn't filed for 4 years) and just worked through it systematically. The penalties weren't as bad as I expected, and for one year I actually got a refund! The peace of mind from getting everything sorted out was absolutely worth it.
16 Did you file yourself or use a professional? I'm trying to decide if I need to hire someone or if I can handle this on my own with tax software.
3 I started with tax software for the most recent year I hadn't filed, since that was the simplest one. I was able to handle it myself pretty easily since I just had W-2 income like you do. For the older years, I ended up using a tax preparer because my situation got more complicated (had some 1099 income and moved states). If your tax situation is straightforward with just W-2 income, you can absolutely do this yourself with tax software. Many of the major tax software companies offer versions for prior years. Just make sure you're filing paper returns for prior years since electronic filing is usually only available for the current tax year.
5 Just wanted to add that if you do end up owing money to the IRS, don't panic about paying it all at once. The IRS is pretty reasonable about setting up payment plans. I owed about $7,500 after not filing for a couple years, and they let me set up a monthly payment plan of $250. The most important thing is to file all the returns, even if you can't pay right away. The penalty for not filing (failure-to-file penalty) is much higher than the penalty for not paying (failure-to-pay penalty).
20 Is there an application process for the payment plan? And do they charge interest while you're paying it off?
One thing nobody's mentioned yet - your mother-in-law's final tax return! Don't forget you need to file her personal income tax return for the partial year up until her date of death. This is separate from any estate tax returns. Also, depending on your state, there might be state inheritance taxes even if you're below the federal estate tax threshold. For example, Pennsylvania has an inheritance tax that kicks in at much lower values than the federal tax.
What about medical expenses she had before passing? Can those be deducted on her final return? My family member had nearly $30k in out-of-pocket medical costs in their final months.
Yes, medical expenses can be deducted on the final tax return, and they're subject to more favorable rules in this situation. Medical expenses paid by the estate within one year of death can be treated as if they were paid at the time of death, and can be deducted on the final income tax return. The threshold for deducting medical expenses is typically 7.5% of adjusted gross income, but given the potentially large expenses in a final illness, it's quite possible you'll exceed that threshold and be able to take a substantial deduction.
From my experience with my parents' estate, document EVERYTHING. Keep detailed records of every penny spent on funeral costs, home maintenance, attorney fees, etc. These are typically expenses of the estate and reduce the taxable amount. Also, be careful about who serves as the executor/trustee. It's a lot of work and can create resentment if one person is doing everything. Our family ended up hiring a neutral third party to serve as executor after siblings couldn't agree, and it was worth every penny to preserve relationships.
How much did it cost to hire a third-party executor? We're considering this option because tensions are already high.
A lot of people forget about UGMA/UTMA accounts as alternatives to 529s. If the child might not go to college, these let you save without the education restriction. But big downside - the child WILL get control of these funds at either 18 or 21 (depends on your state), and they can spend it on anything they want. Also they're considered the child's asset for financial aid which hits harder than parent-owned accounts.
Thanks for bringing this up! How do the tax benefits compare between UGMA/UTMA accounts and a 529? I'm pretty confident my kids will attend college, but I like having flexibility.
The tax treatment is completely different. With a 529, your earnings grow tax-free and withdrawals for education are tax-free - it's a much better tax advantage if you know the money will be used for education. With UGMA/UTMA accounts, you get the "kiddie tax" benefit where a portion of the investment income is taxed at the child's (typically lower) tax rate. But once that income exceeds about $2,300 (in 2023), the excess is taxed at the parent's rate. And there's no tax-free withdrawal feature - when they take money out, any earnings are subject to capital gains tax.
Does anyone know if you can transfer a 529 plan from a parent to a grandparent? My situation is backwards from most - I opened 529s for my grandkids but now their parents make more money than me and could benefit from the state tax deduction more than I can.
You can change account ownership in most states, but there are some restrictions. In my state (Virginia), I changed my daughter's 529 ownership to her grandparents when they retired to a higher-tax state that offered better deductions. But some states don't allow ownership transfers or treat it as a new contribution. Call your specific 529 plan administrator to check their rules.
Make sure you're looking at ALL your tax credits too, not just EITC. With two dependents, you should be getting Child Tax Credit which is worth up to $2,000 per qualifying child. The lookback provision doesn't apply to CTC, but with your income level, you might qualify for Additional Child Tax Credit which is refundable. Also check if you qualify for the Child and Dependent Care Credit if you paid for childcare so you could work or look for work.
Thanks for mentioning this! I didn't think about the Additional Child Tax Credit. Do you know if unemployment income counts toward eligibility for that? And does the Child and Dependent Care Credit apply if the childcare was only for part of the year (Jan-Mar before I lost my job)?
Unemployment income does count toward eligibility for the Additional Child Tax Credit, which is good news in your case. The ACTC looks at your total income, not just earned income like the EITC does, so your unemployment benefits will help you qualify. For the Child and Dependent Care Credit, you can absolutely claim it for just part of the year. You can claim expenses you paid for childcare during the months you were working (January-March). Even though it was only a few months, every bit helps when it comes to maximizing your refund.
Has anyone actually verified if this lookback provision is still available for 2023 taxes (filing in 2024)? I know it was definitely a thing during COVID, but I thought some of these special provisions expired.
I just checked the IRS website and unfortunately I think the EITC lookback provision expired. It was specifically extended for 2021 taxes (filed in 2022) but I don't see anything about it being available for 2023 tax returns. That might explain why your refund is lower.
Mateo Sanchez
Something nobody mentioned yet - make sure you also check your state's tax rules for gambling/fantasy winnings. Some states have different thresholds and requirements than federal. For example, in my state, I have to submit a separate form specifically for gambling income if it exceeds $1,000, even if I didn't receive any official tax documents.
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CosmicCrusader
โขThat's really helpful, I didn't even think about state-specific requirements. Do you happen to know if most tax software handles this automatically, or is it something I need to specifically look for?
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Mateo Sanchez
โขMost major tax software should prompt you about state-specific gambling income forms if you indicate you have gambling/fantasy winnings, but it's not guaranteed. It depends on the software and how thorough their questionnaires are. I'd recommend specifically looking for gambling/fantasy sports sections in your state return once you complete the federal portion. If you're using software like TurboTax or H&R Block, search for terms like "gambling," "fantasy sports," or "other income" in the state section. If nothing comes up, check your state's department of revenue website - they usually have guides for reporting different types of income.
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Aisha Mahmood
Just as a heads up - the fantasy platforms typically only issue 1099s when you win over $600 FROM A SINGLE PLATFORM. So if you won $1,500 from each of 4 different sites, you might not get any 1099s even though your total is $6,000. The $600 threshold is per-platform, not in total across all platforms. But as others said, you still need to report it all!
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Ethan Clark
โขActually this isn't quite right for fantasy sports/gambling. The threshold for gambling winnings is generally based on the amount of the win and the type of gambling, not a simple $600 threshold. For fantasy sports specifically, platforms typically issue 1099-MISC forms when net profits exceed $600, but some use other criteria.
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Aisha Mahmood
โขThanks for the correction! You're right that it's more complicated than I stated. Fantasy sports sites typically issue 1099-MISC forms for net winnings (winnings minus entry fees) over $600, but even that can vary by platform. Some might use a 1099-K for certain payment thresholds instead. The main point still stands though - just because you didn't get a 1099 doesn't mean you don't have to report the income. Always better to report everything properly rather than risk issues with the IRS later.
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