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I'm a tax preparer and see this situation all the time. Quick tip on top of what others have said: if you do file Married Filing Separately, remember that if one spouse itemizes deductions, the other MUST also itemize even if taking the standard deduction would be better. This catches many divorced/divorcing couples by surprise and can significantly impact your refund.
Thanks for bringing this up! I had no idea about the itemizing rule. Does this mean we need to coordinate our filing strategies even if we're doing separate returns? That seems frustrating.
Yes, you do need to coordinate at least on this one aspect. If your ex decides to itemize their deductions, you'll be forced to itemize as well, even if your itemized deductions are less than the standard deduction. This can result in you paying more tax than if you both took the standard deduction. It's one of the downsides of the Married Filing Separately status. That's why it's worth having a brief conversation with your ex about whether either of you plans to itemize, just so you're not caught off guard.
Random question - I heard there's a "head of household" filing status that's better than single or married filing separately. Can the OP use that since they're getting divorced?
One thing nobody's mentioned - you should check your state's Department of Labor website about worker misclassification. Some states are REALLY aggressive about going after companies that misclassify employees as contractors because they lose tax revenue. In my state (MA), I filed a complaint when something similar happened, and the state went after the company, not me. They ended up having to pay penalties AND reimburse me for the taxes I shouldn't have had to pay. Worth looking into alongside the federal options others have suggested.
That's really helpful! I'm in Illinois - do you know if they're pretty good about this kind of thing? I've never filed any kind of complaint before.
Illinois actually has a pretty strong stance on worker misclassification! They have a specific task force called the Illinois Task Force on Misclassification that investigates these exact situations. You can file a complaint through the Illinois Department of Labor. The state takes these issues seriously because misclassification costs them tax revenue and deprives workers of benefits and protections. The complaint process is straightforward - you'll need to provide information about the company, your working arrangement, and copies of any documentation you have (pay stubs, text messages about scheduling, etc). Even without recorded conversations, your description of the working relationship can be enough for them to investigate.
Don't forget you can also deduct any legitimate business expenses to reduce that tax bill! If you paid for your own cleaning supplies, mileage driving between houses, special clothing/uniforms, portion of cell phone used for work, etc. Those are all deductible business expenses that can significantly reduce your self-employment income.
This! When I was a house cleaner, I tracked my mileage between client houses (NOT from home to first job or last job to home, that's commuting), and all my supplies. Reduced my taxable income by almost 40%. Even if you didn't track it at the time, you can reconstruct reasonable estimates with calendar entries, texts arranging jobs, etc.
One thing to consider is the Marketplace insurance subsidies. If you've been getting premium tax credits based on your individual income of $26k, but should have been on your grandma's policy with household income of $69k combined, there could be significant premium tax credit repayment issues. When I amended returns for a similar situation, the insurance subsidy repayment was actually the biggest financial impact - way more than the dependency benefits. Definitely worth calculating before you decide to amend.
Omg I didn't even think about the insurance subsidies! Do you know if there's a limit to how much they can make you repay for those? I've been getting pretty substantial subsidies since my individual income is low...
There are repayment limitations based on your household income as a percentage of the federal poverty level. For most people, the maximum repayment amount ranges from $325 to $2,700 per year depending on income level. However, if the amended return pushes your household income above 400% of the federal poverty level, there is no repayment cap - you'd have to repay ALL subsidies received. This threshold is what really hurt in my situation.
This situation is exactly why the term "qualifying child" vs "can be claimed as a dependent" matters so much! I see this confusion all the time. Two considerations: 1) Look at tuition expenses. If grandma claims you as a dependent, SHE could claim the American Opportunity Credit (up to $2,500) for your college expenses, which is often better than education deductions you might claim yourself. 2) For prior years, use the IRS Interactive Tax Assistant tool to verify dependency status before amending. Search "ITA dependency" on irs.gov - it walks through all the tests to make sure you qualify.
This is so confusing! I thought if you paid your own tuition you always claim your own education credits regardless of dependency status? My parents claimed me but I still claimed my own American Opportunity Credit last year.
Something else to check - did you get a confirmation when you made your payment? If you paid through the IRS Direct Pay or EFTPS, you should have received a confirmation number. You can log into those systems to verify the payment went through. I always save those confirmation numbers with my tax records just in case there's ever a question.
Yeah I did get a confirmation email from TurboTax when I made the payment, but it was just saying they submitted it - not that the IRS actually received it. Should I be getting something directly from the IRS too?
Yes, you should have received a confirmation directly from the payment processor the IRS uses, not just from TurboTax. When you pay through TurboTax, they typically redirect you to an IRS-authorized payment processor, which should provide its own confirmation number. I'd recommend logging into your TurboTax account and checking the payment details section. There should be information about how your payment was processed and possibly a second confirmation number from the actual payment processor. If you can't find this, you might want to contact TurboTax support to get the payment confirmation details.
I'm in the same situation and what I've learned is that the IRS doesn't send "approved" notices for returns where you owe money - they only tell you if something's wrong. For peace of mind, I create an account on IRS.gov every year to check my account transcript after filing. It shows all transactions including when they process your return and apply your payment. Just look for transaction code 150 (tax return filed) and code 570 (payment applied). Takes about 3 weeks after filing to show up usually.
This is the right answer. I check my transcript every year. The transaction codes tell you everything - way more reliable than calling or using Where's My Refund.
Thanks! Yeah I've found the transcript to be the most reliable source of information. The IRS website isn't the most user-friendly, but once you learn how to read the transaction codes, it's actually pretty straightforward. For anyone looking for this information, you want the "Account Transcript" specifically, not the "Return Transcript" - they're different documents in the IRS system.
Yuki Tanaka
One thing nobody mentioned - your 401k plan administrator might have stricter requirements than the IRS for CARES Act withdrawals. My Fidelity plan required me to provide documentation of childcare expenses upfront before approving my withdrawal, even though the law only requires self-certification. Double check with your plan administrator before assuming you can just self-certify without any paperwork. Some are more strict than others!
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Carmen Ortiz
ā¢That's weird, my 401k is through Vanguard and they literally just had me check a box saying I qualified under the CARES Act. No documentation required at all. I wonder if different companies have different policies?
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Yuki Tanaka
ā¢Yes, each 401k administrator sets their own verification policies. Fidelity was being extra cautious with my company's plan, but Vanguard and others often just require the checkbox as you mentioned. It varies widely by both the administrator and sometimes even by the specific employer's plan. The actual IRS guidelines only require self-certification, but plan administrators can add their own layer of verification if they choose to. Always best to check directly with your specific plan before proceeding.
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MidnightRider
Just want to add something important - the CARES Act withdrawal option had a deadline of December 30, 2020. You can't actually take a CARES Act distribution anymore. The tax treatment aspects (spreading income over 3 years and the repayment option) are still relevant if you already took a distribution, but new withdrawals wouldn't qualify for the special treatment.
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Anastasia Sokolov
ā¢Wait seriously? I thought the CARES Act provisions were extended! This completely changes things for me. So there's no special COVID-related withdrawal option for 401ks anymore?
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Andre Laurent
ā¢That's mostly correct, but there's a small caveat. While the general CARES Act withdrawal deadline was December 30, 2020, some COVID-related relief provisions were extended through other legislation. However, the specific 401k withdrawal provisions with penalty waivers and extended repayment options did indeed expire.
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