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[Tax Identity Theft] Someone tried filing fraudulent 2021 return in my name - blocking my legitimate filing. Need advice!
I really screwed up. I waited until just last week to file my 2021 taxes. I'm an American living overseas, so I get hammered with taxes from both the US and my host country (Germany). Because of foreign tax credits, I was expecting a pretty substantial refund (around $13,000). I used TurboTax to e-file and got rejected almost immediately with error code IND-452. After calling the IRS, I found out someone had already tried to file a return using my information back in February! Thankfully, the IRS had flagged it and requested identity verification, which the scammer couldn't provide. So the fraudulent return is just sitting there in limbo. I've already completed the ID verification process on the IRS website (the real me passed), but when I called the IRS to ask if they could just delete the fraudulent return, they said no. Instead, they told me I need to fill out a bunch of forms and MAIL THEM IN to report the fraud and correct everything. The agent said this whole process typically takes 6-12 months to resolve. This is causing major problems for me since I'm in the process of buying an apartment and need my tax documentation sorted. Waiting up to a year is going to completely derail my plans. Has anyone dealt with tax identity theft before? Is there any way to expedite this process? Any advice would be greatly appreciated!
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What is the W-9 form used for? Needing detailed explanation and examples
Hey everyone, I'm pretty confused about this tax form situation. My cousin just started a small business and asked me to fill out a W-9 form for some design work I did for him. I have no idea what this form is actually used for or why he needs it from me. Can anyone break this down in simple terms? Maybe give me an example of when/why this form is needed? I've never had to deal with this before since I've always just been a regular W-2 employee. Thanks in advance!
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Just to add another real-world example of how W-9s work: I run a small photography business and I collect W-9s from all my second shooters and assistants. I keep them on file, and anyone I pay $600+ during the year gets a 1099-NEC in January. The W-9 is super important because if someone refuses to give me one, I'm technically supposed to withhold 24% of their payment for backup withholding! Nobody wants that, so it's in everyone's best interest to just complete the form.
Quick question - if someone fills out the W-9 but doesn't check any of the business entity boxes and just puts their SSN, how do you know whether to issue a 1099-NEC or 1099-MISC? My lawn care guy gave me his W-9 but I'm confused about which form to use.
If they just put their SSN and don't check any business entity boxes, they're most likely an individual/sole proprietor (the first box on the form), and you would issue them a 1099-NEC for services they provided. The 1099-NEC is specifically for nonemployee compensation - basically paying someone for services when they're not your employee. The 1099-MISC is now used for other types of payments like rent, prizes and awards, medical payments, etc. - but not for services anymore. A few years ago the IRS split these forms, and service payments that used to go on the MISC now go on the NEC form.
Don't forget that just cuz you fill out a W-9 doesnt automatically make you a contractor! The IRS has specific rules about who can be classified as an independent contractor vs an employee. If your working situation looks more like employment (they control when/where/how you work), you might actually need to be classified as an employee with a W-4 instead of a W-9, even if the company wants to treat you as a contractor to avoid paying employment taxes.
This is really important! My friend got misclassified as a contractor when she should have been an employee, and she ended up paying way more in self-employment taxes than she should have. What's the best way to determine if you're truly a contractor or if you should be an employee?
Do I need to claim the Retirement Saver's Credit or can I skip it?
I've been trying to file my taxes and noticed that all the tax software programs want me to upgrade to their paid version to claim the Saver's Credit. They're also charging an extra $55 processing fee to pay the filing cost from my refund! At this point, I'd actually lose money by claiming the Saver's Credit compared to just skipping it. I contributed to my 401k last year and technically qualify for the credit, but I'm wondering - is claiming the Saver's Credit mandatory when filing taxes? Or can I legally choose to not claim it if the filing fees would exceed the credit amount? Seems crazy that I'd have to pay more to claim something that's supposed to benefit me financially.
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Something nobody's mentioned - if you qualify for a credit but choose not to claim it, you can still amend your return later (within 3 years) if you change your mind. So if you skip the Saver's Credit this year to avoid fees, but later find a free way to file an amended return with Form 8880, you could still get that money. Just file Form 1040X with the additional credit. Though honestly, with the suggestions above about using Free File options, you probably won't need to go this route.
How difficult is it to file an amended return? I've always been scared to do it because I heard it increases your audit risk. Is that true?
Filing an amended return isn't particularly difficult - you file Form 1040X showing the changes from your original return. You'll need to include any forms related to the changes (like Form 8880 for the Saver's Credit). That's actually a common misconception about audits. Filing an amendment doesn't automatically increase your audit risk, especially for something straightforward like adding a credit you qualified for but didn't initially claim. The IRS is mainly concerned with significant changes that reduce your tax liability by large amounts without clear justification.
Has anyone tried using Credit Karma Tax (now Cash App Taxes)? I filed with them last year and they included the Saver's Credit form without charging extra. Completely free filing including all forms. They don't have a pay-with-refund option though, so no extra fees there either.
I used Cash App Taxes this year and can confirm they include the Saver's Credit form for free. Their interface isn't as polished as TurboTax, but it gets the job done and I saved about $120 in fees.
How to file missing taxes from 2021 now that it's past deadline
So I just realized I completely missed filing taxes for 2021, and now I'm worried about potential consequences. The thing is, I didn't have any income that year as I was basically taking time off after leaving my previous job in late 2020. I was living off savings and help from family. Is there any way I can still file taxes for 2021 at this point? It's been 3 years and I'm not sure if there's a process for this. If I can still file, do I just put 0 for my annual income since I didn't work that year? Or do I need to report the small amount of interest from my savings account? I'm really confused about how to handle this situation and if I'll face any penalties for filing so late. Any advice would be appreciated!
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Just wanted to add some info about penalties for the original poster. Since you had no income in 2021, you probably weren't required to file at all, which means there's no failure-to-file penalty. But if you did have some income from interest or other sources that required filing, here's what you should know: The failure-to-file penalty is typically 5% of unpaid taxes for each month your return is late, up to 25%. If you're more than 60 days late, the minimum penalty is either $435 (for returns due after 1/1/2020) or 100% of the tax owed, whichever is less. But again, this only applies if you were required to file in the first place.
What about the stimulus payments from 2021? Could filing for that year help claim those if someone missed them originally?
Yes, filing a 2021 return could help you claim the third Economic Impact Payment (stimulus) if you were eligible but never received it. The third stimulus payment was $1,400 per person, and it was technically an advance payment of the 2021 Recovery Rebate Credit. If you were eligible for the stimulus but didn't receive it, you can claim it as the Recovery Rebate Credit on your 2021 return. This is a really good point - even if you had zero income and weren't required to file, you might want to file specifically to claim this credit. However, you must file within three years of the original due date to claim this credit, so for 2021 taxes, you'd need to file by April 18, 2025.
Does anyone know if TurboTax or H&R Block still sell their 2021 software? I found my old W-2 from that year and realized I never filed.
I think you can still buy prior year versions on their websites. I just checked and TurboTax definitely still sells 2021 software but it's download only, no CD versions anymore. H&R Block should have it too. Just make sure you're getting the right tax year!
How to calculate AGI (Adjusted Gross Income) correctly?
Title: How to calculate AGI (Adjusted Gross Income) correctly? 1 Ok so I'm really confused about calculating my AGI and can't seem to get a straight answer anywhere. My understanding is that AGI is your gross income minus deductions, right? For example: Let's say my gross income is $220k. I have around $75k taken out in total taxes. And then I have about $9,300 taken out for various deductions. So would my AGI = $210,700 (gross income minus deductions)? Or would it be $135,700 (gross income minus taxes and deductions)? Also, I'm not sure if it matters whether the deductions are pre-tax or post-tax? Does AGI include ALL deductions or just certain ones? I feel like this should be simple but every website I check seems to explain it differently!
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3 Another important point - your AGI affects A LOT of other things on your tax return! It can determine eligibility for certain credits, deductions, and even things like student loan repayment plans or Medicare premiums. For example, I learned that reducing my AGI by increasing my traditional 401k contributions helped me qualify for the student loan interest deduction, which I was previously phased out of. Calculating it correctly is super important!
7 How much does AGI affect the amount of taxes taken out of your paycheck each month? I feel like I always owe more at tax time, even when I claim 0 allowances.
3 Your AGI doesn't directly affect the taxes taken out of your paycheck. Your paycheck withholding is based on the W-4 form you fill out and the withholding tables your employer uses. If you consistently owe at tax time, you might need to update your W-4 to have additional withholding taken out. The 2025 W-4 doesn't use allowances anymore - instead, you can specify an additional dollar amount to withhold from each paycheck. Another option is to make quarterly estimated tax payments if you have significant income not subject to withholding.
16 PSA: Taxable income ≠ AGI ≠ Modified AGI (MAGI) I spent hours trying to figure out why I didn't qualify for a Roth IRA contribution even though my "income" seemed under the limit. Turns out: 1. AGI = Gross income - adjustments (401k, HSA, etc) 2. MAGI = AGI + certain deductions added back (like student loan interest) 3. Taxable income = AGI - standard/itemized deduction They're all different and used for different purposes! The one that matters for Roth IRA eligibility is MAGI, not AGI.
13 This! And don't forget about state AGI calculations which might be different from federal. I got audited by NY state because their AGI calculation didn't match federal, and I had used the federal number for state tax calculations.
Malik Thompson
I had a similar situation in 2020. One thing that helped me was contacting my local Taxpayer Advocate Service office. They can sometimes intervene when there are hardships involved (like your home purchase). You'll need to complete Form 911 to request their assistance. In my case, they were able to expedite the process somewhat - it still took about 4 months total, but that was better than the year I was initially quoted. Just search "Taxpayer Advocate Service" + your city to find the local office.
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Keisha Brown
AuthorThanks for suggesting this! I didn't know about the Taxpayer Advocate Service. Did you have to prove financial hardship, or is the identity theft itself enough reason for them to help?
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Malik Thompson
The identity theft alone may not be enough - you need to demonstrate some kind of significant hardship. In your case, the home purchase being jeopardized should qualify. Make sure to include documentation about your pending home purchase and any deadlines you're facing when you submit Form 911. Include a copy of your purchase agreement or a letter from your lender explaining that the mortgage approval is contingent on resolving the tax situation. Be very specific about dates and financial consequences if your tax situation isn't resolved in time.
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Isabella Ferreira
Has anyone tried contacting their congressional representative's office about IRS issues? My brother had an identity theft situation last year, and after months of no progress, he contacted our senator's office. They have staff specifically for helping constituents with federal agency problems. Within a few weeks of the senator's office inquiry, the IRS suddenly became much more responsive. Might be worth a shot if other approaches aren't working quickly enough.
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CosmicVoyager
I second this approach. I worked for a congressional office years ago, and constituent services for federal agencies (especially IRS issues) was a big part of our work. The IRS has liaisons specifically for congressional inquiries, and they can often move things along much faster than going through normal channels.
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