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Something nobody mentioned yet - whoever claims the child gets both the dependent exemption AND the child tax credit. In your income bracket ($43k vs her $75k), you'd probably benefit more from these tax breaks than your ex would, especially with the phase-out limits for higher incomes. Also, since you're the custodial parent, you might qualify for Head of Household filing status, which gives better tax rates and a higher standard deduction than filing as Single. Your ex wouldn't get that benefit regardless of whether she claims your daughter as a dependent or not.
I didn't even think about the Head of Household status! Does that make a big difference in the tax calculation? And would I still qualify for that even if I end up letting her claim our daughter as a dependent this year?
Yes, Head of Household status makes a significant difference! For 2024 taxes (filed in 2025), the standard deduction for HOH is $21,900 versus just $14,600 for Single filing status. That's a $7,300 difference in taxable income right off the bat, which could save you thousands depending on your tax bracket. You can still qualify for Head of Household even if you let your ex claim your daughter as a dependent, as long as your daughter lives with you more than half the year and you pay more than half the cost of maintaining the home. The dependent exemption and Head of Household status are separate benefits.
My ex and I solved this by alternating years. I get even years, she gets odd years. We put it in writing and signed it to prevent future arguments. It's not perfect but it's fair and prevents the nightmare of competing claims that could trigger IRS audits for both of us.
I had this same issue happen to me. Filed Feb 2, got accepted Feb 3, then "approved" status for like 3 weeks! Finally got my deposit on March 1. The IRS is just really backed up this year. If they gave you a date of April 4, I'd bet money you'll get it that day or maybe even a couple days earlier. The system is usually pretty accurate once it gives you an actual date.
Did you get the full amount you were expecting? I'm worried because mine says "approved" but with a slightly different amount than I calculated.
Yes, I got exactly the amount shown on the "Where's My Refund" tool. If your approved amount is different than what you calculated, the IRS probably made an adjustment to your return. This happens a lot - they might have caught a math error or determined you qualified for a different credit amount than what you claimed. The good news is that once it shows "approved" with a specific amount, that's what you'll get deposited. You should receive a letter in the mail explaining any adjustments they made to your original return.
Pro tip: Check your bank account early morning on your deposit date! The IRS typically sends deposits in batches overnight, so many people see their refunds hit their accounts around 6-7am on the scheduled date. Also, some banks post deposits a day or two early, especially online banks. My credit union consistently posts my tax refund about 24 hours before the official IRS date.
You guys are ignoring a simple solution. The employee and her husband could just do the math themselves to figure out how much extra to withhold. That's what my wife and I do. Take both your annual salaries, add them together, use a tax calculator online to estimate your total tax bill for the year, then divide by number of paychecks. Compare that to what's currently being withheld and add the difference to line 4(c) of the W-4. It's not rocket science and doesn't require special tools or services. Just basic math.
Not everyone is comfortable doing tax math though. My eyes glaze over whenever I try to calculate this stuff, and I inevitably make mistakes. I think the point is that the employer shouldn't be blamed for following the W-4 instructions correctly.
Fair point. I forget that not everyone is comfortable with tax calculations. You're right that the employer isn't at fault here - they processed the withholding correctly based on the form provided. A simpler approach would be to just use the IRS Tax Withholding Estimator online. It walks you through everything step by step and tells you exactly what to put on each line of the W-4. No math required.
Side note: has anyone noticed that the withholding tables seem completely off lately? Even with the "married, but withhold at higher single rate" option checked on old W-4s, we still had people underwithholding. The new W-4 multiple jobs section is better but still not perfect.
I think the problem is that the withholding system is based on outdated assumptions about household income. The tables were designed when it was common to have one primary earner in a family. Now with two similar incomes, the system gets confused without specific instructions.
Just a heads up for anyone dealing with unemployment repayments - the IRS has a specific publication that covers this: Publication 525 under "Repayments." I went through this last year and found that if your repayment is under $3,000, it's usually better to just take it as an itemized deduction in the year you made the repayment. But if you don't itemize (like me), you might be out of luck for smaller repayments since the standard deduction is probably higher. For larger repayments over $3,000, definitely look into the claim of right provision - it saved me about $1,800 compared to the deduction route.
Does anyone know if the repayment has to be voluntary to qualify for these options? My wages were garnished to repay overpaid unemployment from 2021, so I'm not sure if that counts as a "repayment" for tax purposes.
Great question about garnished wages. Yes, involuntary repayments like wage garnishment absolutely count as repayments for tax purposes. The IRS doesn't distinguish between voluntary and involuntary repayments in this case. What matters is that you included the original unemployment amount in your taxable income in a prior year, and now you've repaid it (whether by choice or through garnishment). Make sure you get documentation from the unemployment office showing the total amount garnished during the year, as you'll need that to support your deduction or claim of right adjustment.
Has anyone successfully e-filed a return with a claim of right adjustment for unemployment repayment? I'm using TurboTax and it seems completely confused when I try to enter this. It keeps putting the repayment as a miscellaneous itemized deduction subject to 2% AGI which I know is wrong!
I had this same issue with TurboTax last year! You need to go to "Deductions & Credits" then "I'll choose what I work on" then scroll down to "Miscellaneous Tax Deductions" and you should see an option for "Claim of Right" or sometimes "Repayments Under Claim of Right." If you don't see it, try searching for "IRC 1341" in the search box.
Brooklyn Foley
One thing nobody's mentioned - if your husband is filing 5 years of back taxes, make sure he's not missing the self-employment tax (Schedule SE) which is another 15.3% on top of income tax. Seen so many 1099 contractors get shocked when they realize they owe both. Also, don't forget estimated tax penalty for not making quarterly payments.
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Sarah Ali
ā¢Oh god, I hadn't even thought about that! Is the self-employment tax calculated on the gross 1099 income or after deductions? And what's the estimated tax penalty usually amount to?
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Brooklyn Foley
ā¢Self-employment tax is calculated on your net profit after deductions (thankfully). So all those business expenses will reduce both your income tax and SE tax. That's why maximizing legitimate deductions is so crucial for 1099 workers. The estimated tax penalty varies based on how much you should have paid quarterly and current interest rates. It's basically an interest charge for not making timely payments throughout the year. It won't be your biggest concern compared to the failure-to-file and failure-to-pay penalties, but it's another thing that adds up. Form 2210 calculates this penalty, and sometimes you can get it waived if you have a reasonable cause, but after 5 years that might be difficult.
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Jay Lincoln
Has your husband been getting notices from the IRS already? If they've been sending notices for years and he's ignored them, that's a very different situation than if he's filing voluntarily before they contacted him. The voluntary disclosure approach gets much better treatment.
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Jessica Suarez
ā¢This is actually super important. If the IRS has already sent notices of deficiency or started collections, the approach is completely different than voluntary disclosure.
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