


Ask the community...
Everyone's focusing on getting the documents, but I want to address what ACTUALLY happens if you don't file: 1. The IRS will eventually send notices (CP59 Notice) 2. They might file a "Substitute for Return" based on income info they have, which won't include any deductions/credits you'd qualify for 3. They'll assess tax, penalties and interest 4. They can eventually garnish wages, take money from bank accounts, and seize tax refunds for YEARS 5. There's no statute of limitations on unfiled returns, so this can haunt you forever I ignored filing for 3 years when I was younger and it took me 6 years to clean up the mess. DON'T DO IT.
Did they ever come to your house or anything? That's what I'm worried about. Also did it affect your credit score?
They never came to my house - that's pretty rare unless you're being investigated for tax fraud involving large amounts of money or criminal activity. The IRS generally handles everything through mail notices and phone calls before taking more serious collection actions. It absolutely destroyed my credit score for years. The tax liens showed up on my credit report and dropped my score by over 100 points. This affected my ability to get apartments, car loans, and credit cards. Even after I paid everything off, the damage lingered for a while. The credit reporting rules have changed somewhat since then, but tax problems can still indirectly affect your credit when they impact your financial situation.
Some practical advice: even with missing docs, FILE SOMETHING by the deadline (April 15)! You can file Form 4868 for an automatic extension to October, then use that time to get your docs sorted. The extension doesn't extend the time to pay, but it prevents the nasty failure-to-file penalty which is much worse than the failure-to-pay penalty.
Wait so if I file for an extension I still need to pay what I think I might owe? How do I even calculate that without my W-2??
Yes, you're expected to make a good-faith estimate of what you might owe and pay that amount when you file the extension. Without your W-2, you can estimate based on your final paystub of the year, which usually has year-to-date information. Most paystubs show how much federal tax was withheld throughout the year. If you don't have your last paystub, you could also estimate based on last year's return if your income situation was similar, or check your bank deposits to calculate approximately what you earned and estimate taxes from there. Even if your estimate isn't perfect, showing that you made a reasonable effort to comply will usually help reduce penalties.
One thing nobody's mentioned yet - make sure you respond to the LT38 by the deadline even if you're still sorting out the details! Those notices have strict deadlines and if you miss it, you could lose certain appeal rights. If you need more time, call the number on the notice and request an extension while you gather documentation. They'll usually give you an additional 30-60 days if you have a legitimate reason. Also, if you do end up owing money, look into a payment plan. The IRS offers reasonable monthly payment options, and once you're on a plan, they'll stop sending threatening notices.
That's really helpful - I was so focused on figuring out the correct amount that I hadn't thought about the deadline. The notice says I have 30 days to respond. If I request more time, does that stop any collection actions they might take?
Requesting more time usually pauses collection actions while your case is being reviewed, but it's not guaranteed. Make sure you get confirmation (ask for a transaction ID or confirmation number) when you request the extension. The safest approach is to send a written response by certified mail before the deadline stating that you're disputing the amount and gathering documentation to support your position. This officially stops the collections process while your case is reviewed. Then follow up with your complete documentation once you have everything organized.
Has anyone had success getting interest charges removed in situations like this? I had a somewhat similar issue where the IRS made an error processing my return, and by the time they figured it out, they had added over $800 in interest to my balance.
Check your W4 form with your employer. If you had it set to 0 allowances (on the old system) or didn't adjust it on the new W4 system, a tiny refund is actually GOOD. Means you kept more of your $ during the year instead of giving IRS interest-free loan. People getting huge refunds just had too much withheld.
How do you check if you're withholding the right amount? I always get really small refunds too and I'm never sure if that's good or bad.
The IRS has a tax withholding estimator on their website that's actually pretty accurate. You input your income, filing status, and other tax situations, and it tells you if you're on track. You can adjust your W-4 anytime with your employer if you want a bigger refund (more withholding) or more money in each paycheck (less withholding). Small refunds are technically better financially because you've had access to more of your money throughout the year instead of waiting for a refund. But some people prefer larger refunds as a form of forced savings.
Not to be a downer but $102k with ONLY $380 back sounds like something might be off? I made $100k last year, single no kids, and got back $1,450. Maybe check if he claimed all your standard deduction? Or if your state taxes were done right?
It really depends entirely on how much was withheld from each paycheck though. You probably just had more withheld throughout the year.
True, withholding makes all the difference. My job tends to withhold a bit more than necessary. I also contribute to a traditional 401k which lowers my taxable income pretty significantly, forgot to mention that. That probably explains the difference between our refund amounts. Might be worth checking if you have any retirement contributions or other pre-tax deductions that could have been missed.
One option you haven't considered is the "last-month rule" (also called the "full-contribution rule"). If you had HDHP coverage on December 1st, 2023, you can actually contribute the FULL annual limit, BUT you must remain HDHP-eligible for the entire following year (through Dec 31, 2024). This is called the "testing period." If you don't maintain eligibility throughout 2024, the excess contributions will be subject to income tax AND an additional 10% tax penalty. So it's a bit risky if you're not sure about your 2024 health coverage. This would allow you to keep your full $3850 contribution and claim the full deduction, but you need to be confident you'll have HDHP coverage all through 2024.
I had no idea about this rule! So if I stay on my HDHP through all of 2024, I can keep the full $3850 contribution for 2023, even though I only had coverage starting in May 2023? Do I need to indicate this somehow on my 2023 Form 8889?
Yes, exactly! If you had HDHP coverage on December 1, 2023, you qualify for the "last-month rule" and can contribute the full $3,850 for 2023 - as long as you maintain HDHP coverage for all of 2024. On Form 8889, you'll need to check the box on line 3 that says "If you, and your spouse if filing jointly, had an HDHP for the entire year, check the box..." This indicates you're using the last-month rule. You would then enter the full-year contribution limit on line 3. Just remember this comes with that testing period requirement - if you don't maintain HDHP coverage through December 31, 2024, you'll have to include the "excess" portion in your income for 2024 plus pay that additional 10% tax.
Quick question about HSAs - I contributed through my employer's payroll deduction throughout 2023. Do I still need to file Form 8889? My tax software isn't prompting me for it even though I have an HSA.
Yes, you absolutely need to file Form 8889, even with employer payroll deductions. Your tax software might not be prompting you because it doesn't know you have an HSA. You need to specifically tell it that you contributed to an HSA. Look for the section in your tax software about HSAs, health accounts, or tax deductions/credits. Once you indicate you have an HSA, it should generate Form 8889. The form is required for ALL HSA contributions and distributions, regardless of how they were made. Your W-2 should show HSA contributions in box 12 with code W if they were made through payroll.
Omar Fawaz
Something nobody has mentioned yet - have you asked the apartment complex if they'll accept proof that you've submitted the ITIN application? Many places will let you sign the lease if you can show them the W-7 that's been submitted. Also, would they accept her as an occupant but not on the lease? That might be a workaround if you qualify for the apartment based on just your income.
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CosmicCommander
ā¢Thanks for this suggestion! I actually tried asking if they would accept proof of application but they were pretty firm about needing the actual ITIN before finalizing the lease. I didn't think about the occupant vs. lease-holder distinction though - that's a really good idea. I'll check if my income alone meets their requirements. The only concern is that many places have rules about all adults living in the unit being on the lease. I'll definitely bring this up with them tomorrow. Really appreciate the suggestion!
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Chloe Martin
Has anyone actually challenged an apartment complex on this requirement? My understanding is they need either an SSN or ITIN for credit check purposes, but a foreign national with no US credit history won't have a US credit report anyway, so what are they actually checking?
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Diego Rojas
ā¢They use it for identity verification and for potential collections if you break the lease. Without an ITIN or SSN, they have no way to report to credit bureaus or track you down if you skip out on rent. Some places will accept a larger security deposit instead.
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Chloe Martin
ā¢That makes sense, thank you. I hadn't considered the collections angle. I wonder if offering an additional security deposit might work in the original poster's case. Seems like that would address their concern about potential risk.
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