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Don't forget to consider whether either of you has income-based student loan payments! My husband and I discovered that filing jointly significantly increased his income-based repayment amount because they factored in my income too. We ended up filing separately even though we paid more in taxes because the student loan payment savings more than made up for it.
This! My spouse and I actually calculated both ways - the tax savings from filing jointly versus the student loan payment increase from combining our incomes. We saved about $1,400 in taxes by filing jointly, but her income-based repayment would have gone up by $230/month, so filing separately made more sense for us.
I hadn't even thought about student loans! My husband is on an income-based repayment plan for his federal loans. I'll definitely need to calculate if the tax benefits of filing jointly would be offset by higher student loan payments. Thank you for bringing this up!
One more thing to consider - if either of you has past-due child support, back taxes, or defaulted federal student loans, filing jointly could put your refund at risk of being seized. My friend learned this the hard way when their entire joint refund was taken for the spouse's defaulted loans. Just something to keep in mind if that might apply to your situation.
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One thing ur brother in law should definitely check is if there's a time limit for responding!!!! My cousin ignored one of these notices thinking it was a mistake and ended up owing way more in penalties. I think they give u like 90 days or something but don't quote me on that. Also tell him to make copies of EVERYTHING he sends them and send it certified mail so they can't claim they never got it. The IRS is notorious for "losing" paperwork.
This is really good advice, thanks! The letter does mention a 90-day period to respond. Do you know if we need to use any specific forms when sending the documentation? Or just include a letter explaining everything with copies of the supporting documents?
For a notice of deficiency, he should definitely include a written letter that references the notice number (should be in the top right corner of what they sent). No specific form is needed, but make sure he includes his social, the tax year in question, and contact info. I'd organize everything super clearly - like "Regarding item 1 on the notice, here are documents A, B, C that prove..." Makes it easier for whoever reviews it. And yeah, certified mail with return receipt is absolutely essential. My cousin learned that lesson the hard way.
has anyone else noticed how the IRS seems to be sending wayyy more of these deficiency notices lately? feels like they're just throwing them at the wall to see what sticks. my neighbor, my coworker and now ur brother all got them within the last few months. i wonder if they have some kinda quota to meet 🙄
They actually do have increased enforcement funding from the Inflation Reduction Act, so they've been ramping up enforcement activities. They're supposed to be targeting high-income taxpayers, but seems like everyone's getting caught in the net.
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Just wanted to add - don't go to H&R Block for this situation. They charge SO much for prior year returns (like $100+ PER YEAR). Look into the VITA program that someone mentioned above. I volunteered with them and we helped people file back taxes for free all the time. Many VITA sites can handle 2-3 years of back taxes with no problem. Google "VITA tax site near me" and make an appointment. Bring your ID, Social Security card, and any tax documents you can find. If you explain your situation, they'll help you figure out what to do next.
Thank you for this suggestion! I had no idea VITA existed. Do they have income limits? And will they still help even if I'm missing some of my documents?
Yes, VITA does have income limits - generally they serve people making under $60,000, but exact limits can vary by location. Since you mentioned making around $28k-$32k, you should definitely qualify. They absolutely will help if you're missing documents! That's a super common situation. The VITA volunteers can help you determine what's missing and can show you how to request wage transcripts from the IRS that will have all your W-2 information. They deal with this situation regularly and won't make you feel bad about it. Just be upfront about your situation when you make the appointment so they can schedule enough time to help you.
Has anyone been through an actual audit for unfiled taxes? My sister didn't file for 5 years and now has the IRS sending scary letters. What happens in these cases?
Not an audit exactly, but I did get CP59 notices (failure to file notices) for 2 years I missed. The IRS doesn't usually do full audits just for not filing - they send notices first. Your sister should respond ASAP though. The longer she waits, the worse it gets. If she can't pay what she owes, she should still file and then request a payment plan. The penalty for not filing is 10x higher than the penalty for not paying.
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Another option to consider: if your husband is a resident of Ecuador for the entire tax year and doesn't have US income, you might qualify for "Nonresident Alien Spouse" treatment. This can sometimes let you file as Head of Household legitimately. Look at Publication 519 (U.S. Tax Guide for Aliens) which explains when you can make a choice to treat a nonresident alien spouse as a resident. It might give you more filing options.
That's interesting! So there might be a way I could still file as Head of Household? Do you know if there are any risks to using this approach with an expired ITIN? Would I need to attach additional forms?
The Head of Household status would only be available if you meet certain requirements - generally having a qualifying dependent (like a child) living with you and providing more than half their support. If you choose to treat your nonresident alien spouse as a resident alien, you'd both need to file using Married Filing Jointly, not Head of Household. This requires submitting a statement with your return and both spouses signing it. The risk is that your husband would then be taxed on his worldwide income, not just US income. If you don't make this election, then Married Filing Separately is usually the correct status, and you can use his expired ITIN without issue. You might want to include a brief statement explaining the ITIN situation with your return.
I just wanna point out something nobody mentioned - ITINs only expire if they haven't been used on a tax return for 3 consecutive years OR if they were issued before 2013 and haven't been renewed. If you've been listing his ITIN on your returns even as HOH, it might not actually be expired!
That's not completely accurate. ITINs issued before 2013 have been expiring on a rolling schedule regardless of use. ITINs with middle digits 70-87 expired in 2019 and middle digits 88-92 expired in 2020. Middle digits 93-99 expired in 2021.
Thanks for the correction! You're right about the rolling expiration schedule for older ITINs. I forgot about that policy. If the OP's husband got his ITIN recently (within the last 10 years), then it would only expire after 3 years of non-use on a tax return. If it's an older one, it might have expired based on those middle digit schedules regardless of use. The IRS sent notices about those expirations, but if he's abroad, he might have missed them.
Yara Sayegh
Something nobody mentioned yet - if you're married and file jointly, your spouse's income will also count toward the QBI phase-out threshold. My wife has W2 income and I have 1099, and her income pushed us over the threshold even though my 1099 income alone wouldn't have. There are specified service trades or businesses (SSTBs) that have stricter QBI rules too, so depending on what type of 1099 work you're doing, that could also affect your calculation. Might be worth checking if your field falls under SSTB classification.
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NebulaNova
•What exactly counts as an SSTB? I'm working as a 1099 consultant in healthcare tech... not direct patient care, but developing software for medical practices. Would that be considered an SSTB?
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Yara Sayegh
•Healthcare is generally considered an SSTB, but the rules have some nuance when it comes to tech that supports healthcare. If your work is developing software that directly relates to the provision of healthcare services, it might be considered an SSTB. However, if your software is more administrative or could be used across multiple industries but happens to be used in healthcare, you might not fall under SSTB rules. The distinction matters a lot for QBI since SSTBs have stricter phase-out thresholds. I'd recommend getting a professional opinion on your specific situation since the classification can significantly impact your tax liability. The IRS has issued some guidance on this, but there are still many gray areas, especially in tech-related fields that support traditional SSTB industries.
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Keisha Williams
I made a mistake on my QBI calculation last year because I didn't realize my W2 income counted toward the threshold. Had to file an amended return which was a huge pain. Just to confirm what others said - yes, it's total taxable income that matters, and yes, retirement contributions like 401k are a great way to reduce that taxable income to maximize QBI. Business expenses also help. According to my accountant, the contribution limits for 401k plans apply across all plans you have in a year, so your calculation for the solo 401k is correct - you subtract what you already contributed to your employer plan.
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Paolo Conti
•Did the amended return trigger any issues with the IRS? I'm in a similar boat and worried about red flags if I file an amendment.
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