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The issue is pretty clear-cut based on IRS Publication 501. To claim someone as a dependent who's not your biological child, they must be either: 1. Your legally adopted child 2. Your stepchild (through legal marriage) 3. Your foster child (placed by authorized agency) 4. A qualifying relative who lives with you all year Since you weren't married during the tax year, your fiancé can't claim your children. Period. It doesn't matter if you're getting married soon or if he supports them financially. The tax preparer was completely wrong, and honestly, I'd report them to the chain's corporate office because this is a pretty basic tax rule they should know.
Thanks for this clear explanation! So even though he pays for a lot of their expenses, the relationship test is a hard requirement? Would we need to amend both our returns now, or just his?
The relationship test is absolutely a hard requirement that can't be worked around just with financial support. The IRS is very clear on this point. You'll need to amend your fiancé's return to remove the children as dependents. You should also file or amend your return to claim them if you're eligible (meet the tests for claiming your own children). This should resolve the issue with the IRS, though you might still face some penalties or interest if there was a significant underpayment on your fiancé's original return.
I worked as a tax preparer for 10 years and this makes me so angry! The tax chain should absolutely help you fix this situation since THEY gave you incorrect advice. They're trying to avoid admitting fault by asking for a different form. Take your disallowment letter straight to corporate if the DM won't help. The specific law is in Internal Revenue Code Section 152, which defines qualifying child and qualifying relative. Being a fiancé doesn't meet either test. Also, if they prepared your return with incorrect information, they should cover any penalties or fees associated with amending the return. Many tax prep companies have accuracy guarantees - check if yours does.
What about common law marriage states? Would that change anything in this situation?
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One thing nobody's mentioned yet - if you're living abroad, you automatically get a 2-month extension on your filing deadline (June 15 instead of April 15). Also, US citizens abroad can request an additional extension to October 15. But these extensions only apply to filing - if you owe money, interest still accrues from the April deadline. Also, look into whether you need to file an FBAR (FinCEN Form 114) if you have foreign financial accounts that exceed $10,000 at any point during the calendar year. The penalties for not filing FBARs can be way worse than for regular tax returns!
Do you know if the FBAR requirement applies to joint accounts? I have access to my parent's account in their home country that definitely exceeds $10k but it's not technically my money.
Yes, the FBAR requirement absolutely applies to joint accounts. If you have signature authority over a foreign account - even if the money isn't technically yours - you still need to report it if the total of all your foreign accounts exceeds $10,000 at any point in the year. This is a common oversight that can lead to serious penalties, so I'm glad you asked. The reporting is separate from your tax return and done electronically through FinCEN's BSA filing system. The good news is they have procedures for submitting late FBARs with explanations for reasonable cause to potentially reduce penalties.
Anyone know which tax software is best for filing back taxes? I tried using TurboTax but it wants me to pay for each past year separately which gets expensive fast.
FreeTaxUSA lets you file prior years for only $15 per federal return (state is extra). They have forms going back several years. You'll have to mail in the printed returns though - e-filing isn't available for prior years on most platforms.
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Don't forget about VITA (Volunteer Income Tax Assistance) and TCE (Tax Counseling for the Elderly) programs if your income is under $60,000 or you're 60+ years old! I volunteered with VITA last year and we helped hundreds of people file completely free. You get your taxes prepared by IRS-certified volunteers and they're really thorough. Most locations can handle W-2s, simple 1099s, education credits, earned income credit, child tax credits, and basic retirement income. They typically can't do complicated business returns or rental properties though. To find a location near you, call 800-906-9887 or use the locator tool on the IRS website. Pro tip: make an appointment early in the season - slots fill up FAST!
Do VITA volunteers know how to handle gig worker income? I drove for Uber last year and also did some DoorDash. Not sure if that's too complicated for the free service.
Yes, most VITA sites can definitely handle gig worker income like Uber and DoorDash! That falls under Schedule C (self-employment) income, which most VITA volunteers are trained to prepare. Just make sure to bring all your documents - your 1099s from the platforms, a record of your mileage (this is a big deduction!), and any other business expenses like your cell phone bill portion used for the apps. Not all VITA sites handle all forms though, so when you call to make an appointment, specifically mention you have gig work income to confirm they can help with that.
Has anyone tried FreeTaxUSA? I've used it for the past 2 years and it's been really good. Federal filing is completely free regardless of income or complexity (I have investments, HSA, and 1099 income), and state is only like $15. The interface isn't as fancy as TurboTax but it gets the job done without upselling you constantly.
I second FreeTaxUSA! Used it last year after TurboTax tried to charge me $89 for having an HSA. FreeTaxUSA handled everything perfectly - even my crypto transactions and home office deduction. Their customer service was surprisingly good too when I had a question about my state return.
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Has anyone considered suggesting tax-advantaged accounts? If OP hasn't maxed out their IRA or 401k for the year, putting money there won't help with the current capital gains taxes, but it could reduce their overall tax burden.
This is what I did last year. Had about 10k in stock gains, maxed out my traditional IRA contribution for $6,500 which lowered my taxable income. Didn't eliminate the capital gains tax but my overall tax bill was lower. Every bit helps.
I actually haven't maxed out my 401k this year! Been too focused on my brokerage account since that's where I've been seeing better returns. But you're right, I should probably look at the tax advantages too. My company does a 5% match so I'm definitely leaving money on the table. Thanks for bringing this up - sometimes the obvious solutions get overlooked when you're trying to find clever tax hacks.
Remember that short-term capital gains (held less than a year) are taxed as ordinary income, but long-term gains get preferential rates. If you're close to the 1-year mark on any positions, it might be worth holding just to get the lower long-term rate. Also, don't overlook state taxes! Depending on where you live, state taxes on capital gains can be significant. Some states have no income tax (like TX, FL, WA) while others have high rates. You mentioned $14,500 in gains - what tax bracket are you in? If you're in the 12% federal income tax bracket, your long-term capital gains rate could actually be 0%!
I'm in California (ouch) and in the 22% federal bracket based on my job income. Most of my gains are long-term thankfully, but I did have a few quick trades that'll be hit with short-term rates. I've been thinking about moving to a no-income-tax state at some point, but for now I'm stuck with CA's rates on top of federal. It's a double whammy.
Mia Rodriguez
Just wanted to add another perspective here. I had a similar 401k correction situation a couple years ago. My advice - make sure you keep really detailed records of: 1. The date you discovered the over-contribution 2. The date you requested the correction 3. The actual date the correction was processed 4. All communications with your 401k administrator 5. The amount of the correction and any earnings that were also distributed This documentation saved me during a random review of my return the following year. The IRS initially questioned the 1099-R, but having this paper trail made it super easy to explain.
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Jacob Lewis
•This is great advice. Do you think it's worth attaching a statement to my tax return this year explaining the situation, even though the actual correction will be reported next year?
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Mia Rodriguez
•In my experience, attaching a statement to your current year return isn't necessary and might actually complicate things. The IRS systems are set up to handle these corrections through their normal process - current year W-2 as is, then 1099-R next year. What's most important is keeping your own detailed records in case questions come up later. When I went through this, the IRS was only interested in my documentation when they had a specific question the following year. Adding extra explanations to your current return could potentially flag it for unnecessary review.
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Amelia Martinez
Has anyone used TurboTax or H&R Block for handling this kind of 401k correction situation? Do they have any special forms or worksheets for this? I'm trying to decide if I should just use software or go to a professional this year.
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Ethan Clark
•I used TurboTax last year for this exact situation. There's no special form for the current year - you just enter your W-2 as is. Next year when you get the 1099-R, TurboTax has specific questions that identify it as a return of excess contributions. It was pretty straightforward once I understood I didn't need to do anything special in the current year.
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