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Something else to consider - check if you qualify for the IRS Taxpayer Advocate Service. They're designed to help when normal IRS channels aren't working. If your situation is causing financial hardship (like you're waiting on a significant refund you need for living expenses), they might be able to help speed things up. The catch is that they're also overwhelmed with cases, but they can sometimes cut through the bureaucracy faster than waiting for the normal process. You can find your local office here: https://www.taxpayeradvocate.irs.gov/contact-us/
I tried the Taxpayer Advocate last year and they told me they couldn't help with identity verification cases unless there was a genuine financial hardship. Has this policy changed recently?
The policy hasn't officially changed, but in practice, it varies by office and how you present your case. Identity verification cases can qualify if you can demonstrate actual financial hardship (like facing eviction, utility shutoff, inability to pay for medications, etc.) caused by not receiving your refund. What's also changed is that some Taxpayer Advocate offices now have specialized staff just for handling identity verification backlogs. Worth calling your local office to check their current procedures, as they've been updating their approach to handle the massive backlog of these cases.
Has anyone tried going to their local IRS office in person for this? I'm wondering if bringing all my documents to an actual human might be faster than all this waiting around for forms and phone calls.
I did this last month and it worked perfectly! Called the appointment line (844-545-5640), got an appointment for the following week at my local office. Brought my ID, social security card, the IRS letter, and copies of my tax returns. The agent verified my identity on the spot and released my return for processing. Refund showed up 3 weeks later!
Just to add another perspective - I'm an estate attorney (not giving legal advice here) and we see this question frequently. The "deceased" designation on a prior year return is simply informational. It tells the IRS that as of the filing date, this taxpayer is deceased. It doesn't impact the calculation of taxes or filing status for that return - it just helps with administrative tracking. The IRS uses this information to update their records and handle future correspondence appropriately.
Does the spouse need to file anything special along with the return when they mark the other person as deceased? Like a death certificate or anything official?
For a joint return where one spouse is deceased, you generally don't need to submit a death certificate with the return itself. You simply write "DECEASED" after the deceased spouse's name at the top of the return, and include the date of death. If the surviving spouse is filing as the deceased taxpayer's personal representative, they should sign the return and write "Filing as surviving spouse" in the signature area. For more complex situations involving larger estates that require Form 706, additional documentation would be needed, but for typical joint returns, the notation is sufficient.
My wife passed in 2023 and I'm still figuring all of this out. One thing no one mentioned here - make sure you get multiple certified copies of the death certificate (like 15+). You'll need them for EVERYTHING - bank accounts, investment accounts, property transfers, insurance, and sometimes for tax purposes too.
So sorry for your loss. I went through this with my husband last year. Another tip: request a tax transcript from the IRS for the past few years. Sometimes there are refunds or issues you didn't know about, and it gives you a complete picture of what the IRS has on file.
Just want to add my two cents as someone who's been filing S-corp returns for my business for 7 years. The first year is definitely the hardest! There's a learning curve, but once you understand the basic concepts, it gets much easier. If you decide to do it yourself, make sure you understand: 1) How to allocate between reasonable salary and distributions 2) Keeping business and personal expenses separate 3) Quarterly estimated tax payments 4) Payroll tax requirements The software I use (TaxAct) actually has decent guidance for S-corps and is way cheaper than hiring an accountant. I'd say give it a try yourself first, and if you get stuck, you can always hire help for the complicated parts.
Thanks for the advice! Did you use any specific resources to learn about the S-corp requirements when you first started? And approximately how much extra time did it add to your tax preparation compared to just doing personal returns?
When I first started, I found the IRS's "Tax Information For S Corporations" publication really helpful, along with some YouTube videos from CPAs. The Small Business Administration website also has good resources. As for time commitment, my first year doing S-corp returns took about an extra 8-10 hours beyond my normal personal returns. There was a lot of learning and double-checking. Now I can knock it out in about 3-4 extra hours each year. The key is keeping good records throughout the year - that makes tax time so much easier! If your husband's businesses have clean bookkeeping, you're already halfway there.
Be careful about DIY with S-corps! I tried doing mine myself last year and missed the requirement to pay myself a "reasonable salary" - took too much in distributions instead. Ended up with an IRS notice and had to pay additional self-employment taxes plus penalties. S-corps have specific rules that personal returns don't. Honestly, the money I "saved" by not hiring an accountant ended up costing me three times as much in the end.
Tax pro here - I see this question a lot. The easiest way to think about it is: 1. How much state tax did you ACTUALLY pay last year? ($9,000 in your case) 2. How much did you get to deduct? ($6,500 in your case) 3. The difference ($2,500) is the amount you got NO tax benefit from 4. If your refund ($1,400) is less than this difference, it's NOT taxable You might need to use the worksheet in Publication 525 if you had other itemized deductions or if the standard deduction comes into play, but for most SALT cap situations, this simplified approach works.
Thanks for this simple breakdown! So just to confirm - in my case with $10,400 paid, $6,500 deducted, and $1,400 refunded - the refund is completely non-taxable? And would I still get a 1099-G from my state for the refund even though I don't need to report it?
Yes, your $1,400 refund would be completely non-taxable since it's less than the $3,900 difference between what you paid and what you were able to deduct. And yes, you'll still receive a 1099-G from your state because they don't know your specific federal tax situation. You'll need to report it on your federal return, but the tax software or worksheet will help you calculate that the taxable amount is $0. Don't skip reporting it just because the taxable amount is zero - that can trigger a mismatch notice from the IRS.
Does anyone know if there's a specific form I need to fill out for this? I'm doing my taxes by hand this year to save money and the instructions are confusing me.
You'll need to report the state refund on Schedule 1, Line 1. But you should complete the "State and Local Income Tax Refund Worksheet" in the 1040 instructions first to determine how much (if any) is actually taxable. If you're dealing with the SALT cap situation described in this thread, you may well calculate that $0 is taxable, but you still need to work through the worksheet.
Zainab Ahmed
Just to add another perspective here - I worked as a tax preparer for years, and this is a clear mistake by the CPA. There's absolutely no scenario where 1099-INT and 1099-DIV income shouldn't appear on the 1040, even if it's not taxable. One thing to check - is it possible these investments are held in a tax-advantaged account like an IRA? In that case, you wouldn't report the interest and dividends on the 1040. But if regular 1099 forms were issued (not as part of an IRA or similar account), then this income must be reported. The fact that your parents received actual 1099 forms that weren't included on the return is concerning and suggests a genuine oversight rather than a legitimate tax strategy.
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Giovanni Moretti
β’That's a good point about tax-advantaged accounts! But no, these are definitely regular taxable investment accounts they've had for years, not IRAs. The 1099s were issued by their bank and a brokerage firm for normal taxable accounts. I think at this point it's pretty clear the CPA made a mistake. Do you think this kind of oversight indicates my parents should look for a new tax preparer, or is this the kind of mistake anyone might make occasionally?
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Zainab Ahmed
β’Based on your confirmation that these are regular taxable accounts, this is definitely an error that shouldn't have happened. While everyone can make an occasional mistake, missing multiple 1099 forms is concerning because it's such a fundamental part of tax preparation. I would suggest having a conversation with the CPA first. Their response will tell you a lot - a good professional will acknowledge the error, fix it promptly at no additional cost, and explain what steps they'll take to prevent similar mistakes in the future. If they're defensive or try to charge for fixing their own mistake, that's a red flag. What makes this particularly troubling is that tax software and even manual checklists that CPAs use are specifically designed to prompt for 1099 income. This suggests either carelessness or possibly that some documents were misplaced during preparation.
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Connor Byrne
One slightly different possibility - could the CPA have netted these amounts against losses somewhere else? Sometimes preparers will combine multiple income/loss items when there are offsetting amounts. Check Schedule D or Form 8949 to see if there might be losses that were used to offset these gains. Though even if that happened, it's still incorrect. The interest should be on line 2a regardless, and the dividends should show on lines 3a/3b before any netting occurs elsewhere on the return. But it might explain the preparer's thinking.
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Yara Abboud
β’That's not how tax reporting works though. Interest income and dividends aren't netted against capital losses on Schedule D. They're entirely separate types of income reported on different lines of the 1040. Capital losses can offset capital gains, but not interest or dividend income.
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