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A few years ago I went through this exact same issue with my ex! Here's what I discovered: document EVERYTHING. Keep a calendar showing all the days your kids stayed with you, save receipts for major expenses, and maintain copies of school records showing your address as their primary residence. If your ex files first and incorrectly claims the children, you'll still need to file a paper return (you can't e-file in this case) and include all your documentation. The IRS will review both returns and make a determination. It takes longer to get your refund this way, but it works.
Thanks for sharing your experience! Did you have any issues with the IRS contacting you after you both claimed the same children? How long did the whole process take to get resolved?
Yes, both of us received letters from the IRS about 3 months after filing. They requested additional documentation from each of us to prove our claims. I sent in my custody calendar, school records showing my address, and medical receipts showing I was the one taking them to appointments. The whole process took about 6 months to resolve completely. My refund was held until the determination was made, which was frustrating, but in the end they ruled in my favor since I had the kids more nights of the year. Be prepared for the delay if you go this route - it's not quick, but the IRS does eventually sort it out.
Be careful with Head of Household filing status! My ex and I had a similar situation and I got audited because we BOTH filed as Head of Household. Make sure only the parent who has the kids for more than half the year (the custodial parent) uses this status. Also, take advantage of the increased Child Tax Credit for 2025! It's up to $2,000 per qualifying child now. And don't forget about the additional child tax credit which is refundable up to $1,600 per qualifying child.
Another option you might consider - check if your wife's mom received a physical copy of the 1095-A in the mail. Sometimes people miss these forms in their mail since they look like regular healthcare notices. The marketplace typically mails them out by late January/early February. Also, if you can't get the form in time, you could file an extension to give yourself more time to track it down. Just remember an extension to file isn't an extension to pay, so you'd still need to estimate and pay any taxes due by the regular deadline.
Good point about checking the mail more thoroughly. I'll ask her mom to look through her papers again. Do you know if filing an extension is complicated? We've never done that before and I'm worried about messing something else up.
Filing an extension is actually very simple. You just need to submit Form 4868 which you can do electronically through most tax software or the IRS Free File. It automatically gives you until October 15th to file your complete return. The tricky part is estimating any taxes you might owe, since you'll still need to pay by the regular April deadline to avoid penalties and interest. Since your issue is just missing a form rather than not knowing what you owe, you could complete your return as best you can to estimate your tax liability, then pay that amount when filing the extension.
Just wanted to point out something important - if your wife was covered under her mom's marketplace plan, but her mom claimed the premium tax credit, you actually DO need to report this on your taxes. This is because the IRS needs to verify that everyone who received subsidized coverage is accounted for across all tax returns. It's confusing because your wife was on her mom's plan, but since you're filing a separate return from her mom, the IRS system flags the disconnect when it doesn't see the 1095-A information on your return.
For anyone considering DIY filing, I built a simple spreadsheet that helped me track everything for my ERTC claim. It has separate tabs for each quarter, wage calculations, PPP allocation, and the revenue comparison test. Happy to share if anyone wants it - just DM me. The whole process took me about 3 weekends to complete, but I saved around $32,000 compared to what a "specialist" company wanted to charge me. The IRS isn't processing these quickly (took 11 months to get my refund), but it was worth the wait.
Would love to see your spreadsheet! I'm just starting the process and feeling overwhelmed by all the calculations.
Does anyone know the deadline for filing these ERTC claims? I heard it was extended but not sure until when.
For most businesses, you can amend payroll tax returns (Form 941-X) up to 3 years after the original filing date. So for 2020 Q2, if you filed on July 31, 2020, you have until July 31, 2023 to amend. For 2021 Q3 (the last eligible quarter), most businesses will have until October/November 2024 to file claims. The IRS did implement a moratorium on processing new claims from September 2023 to early 2024 due to fraud concerns, but they're processing claims again now. Just be aware that processing times are extremely long - currently 10-12 months is common.
Just want to add something important that nobody's mentioned yet - if you're filing a prior year return AND you owe money, you should file ASAP to minimize penalties and interest! The failure-to-file penalty is usually 5% of unpaid taxes for each month your return is late (up to 25%), while the failure-to-pay penalty is much smaller at 0.5% per month. Also, check if you qualify for "first-time penalty abatement" - if you haven't had any penalties in the prior 3 years, the IRS might waive your late-filing penalties. I saved over $400 this way!
Do you know if you can request the first-time penalty abatement when you file the late return, or do you have to wait until after they assess the penalties?
You typically need to wait until after the IRS assesses the penalties before requesting first-time penalty abatement. So you'd file your late return, receive a notice from the IRS about penalties, and then call them to request the abatement. When you call, specifically ask for "first-time penalty abatement" and explain that you have a clean compliance history for the previous three years. They'll check your records, and if you qualify, they can often approve it during that same call. It's definitely worth doing - the penalties can add up quickly on late returns!
Dont forget that if youre getting a REFUND for your 2023 taxes, you have until April 15, 2027 to file and still get your money back!! But if you OWE money, your already accumulating penalties and interest. The IRS doesn't care about unfiled returns that owe them $0 or that they owe YOU money for.
Are you sure about that? I thought the IRS requires you to file regardless of whether you're getting a refund or not. I've always heard not filing is illegal even if you don't owe anything.
Oliver Wagner
One thing nobody mentioned - if you refinanced rather than purchased, the rules are completely different. When you refinance, you have to spread the points over the life of the loan. So for a 30-year mortgage, you'd deduct 1/30th of the points each year. But since you said this was your first home mortgage, sounds like this was a purchase not a refi, so that rule wouldn't apply to you. Just wanted to mention it in case it helps someone else reading this thread!
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QuantumQuest
ā¢This was definitely a purchase, not a refinance. But your comment about spreading the deduction over the loan term made me wonder - if points for a refinance are spread over the loan term, is there any scenario where points for a purchase could be treated similarly?
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Oliver Wagner
ā¢For a home purchase, points are generally fully deductible in the year paid, assuming they meet the IRS criteria (which most standard mortgage situations do). There's no option to voluntarily spread them over the loan term like with a refinance. The only scenario where purchase points would be spread over the loan term is if they fail to meet the IRS criteria for immediate deduction - like if they're unusually high for your area or if the property isn't your primary residence. But from what you've described about your standard mortgage on your primary home, those exceptions wouldn't apply to you.
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Natasha Kuznetsova
Just to confirm what others have said - if you took the standard deduction in 2022, you can't go back and cherry-pick just the mortgage points to itemize for that year. It's all or nothing with itemizing vs. standard deduction. I made this mistake too when I bought my house in 2021. The standard deduction was better for that year, but I hated "losing" the points deduction. My tax guy told me that's just how it works - sometimes the timing doesn't work out in your favor. At least you'll save more in 2023 by itemizing!
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Javier Mendoza
ā¢Is there any advantage to amending your 2022 return to itemize instead of taking the standard deduction? Or would the math still work out the same?
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