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Just to add another perspective - I'm an estate attorney (not giving legal advice here) and we see this question frequently. The "deceased" designation on a prior year return is simply informational. It tells the IRS that as of the filing date, this taxpayer is deceased. It doesn't impact the calculation of taxes or filing status for that return - it just helps with administrative tracking. The IRS uses this information to update their records and handle future correspondence appropriately.
Does the spouse need to file anything special along with the return when they mark the other person as deceased? Like a death certificate or anything official?
For a joint return where one spouse is deceased, you generally don't need to submit a death certificate with the return itself. You simply write "DECEASED" after the deceased spouse's name at the top of the return, and include the date of death. If the surviving spouse is filing as the deceased taxpayer's personal representative, they should sign the return and write "Filing as surviving spouse" in the signature area. For more complex situations involving larger estates that require Form 706, additional documentation would be needed, but for typical joint returns, the notation is sufficient.
My wife passed in 2023 and I'm still figuring all of this out. One thing no one mentioned here - make sure you get multiple certified copies of the death certificate (like 15+). You'll need them for EVERYTHING - bank accounts, investment accounts, property transfers, insurance, and sometimes for tax purposes too.
So sorry for your loss. I went through this with my husband last year. Another tip: request a tax transcript from the IRS for the past few years. Sometimes there are refunds or issues you didn't know about, and it gives you a complete picture of what the IRS has on file.
Former IRS employee here. One important thing to understand is the difference between civil penalties and criminal prosecution. The threshold for criminal charges isn't about dollar amount - it's about proving "willful" failure to file, which is a specific legal standard requiring evidence that you knew about your obligation and deliberately chose not to comply. For most people who simply got behind or disorganized, the IRS handles this through civil penalties (failure-to-file penalty of 5% per month up to 25% of taxes owed). Criminal prosecution is generally reserved for cases with aggravating factors like elaborate evasion schemes, fake identities, or continued pattern of deliberate non-compliance after multiple warnings. The fact that you're taking action now greatly reduces any criminal risk. Document everything about your efforts to get compliant.
So if someone received notices but still didn't file for like 5+ years, could that be considered "willful" by itself? Or do they need other evidence?
Repeated failure to respond to notices does strengthen the case for willfulness, but typically the IRS still looks for additional factors beyond just ignoring notices. The government must prove beyond reasonable doubt that you deliberately intended to violate a known legal duty. Evidence they might look for includes patterns like filing in years with refunds but not in years when you'd owe, taking active steps to conceal income, or making statements to others about intentionally not filing. Simply being disorganized, even for many years, usually results in substantial penalties but not criminal prosecution. That said, the longer the pattern continues, especially after direct contact from the IRS, the riskier the situation becomes.
Has anyone used TurboTax or similar software to file multiple years of back taxes? I'm in a similar situation (4 years unfiled) and wondering if the consumer software can handle this or if I need a professional.
You can use TurboTax for prior years but you'll need to buy the specific software for each tax year separately - they sell previous year versions on their website. But you can't e-file past years, you'll have to print and mail them. I did this for 3 years of back taxes and it worked fine, just time-consuming.
One thing to consider - if the car wasn't yours or your tenant's, did you contact the police before having it towed? In some jurisdictions, there are specific legal procedures for removing abandoned vehicles, even from private property. This could potentially affect whether the expense is considered "ordinary and necessary" for tax purposes.
Yes, we did call the police first! They came out and documented it, put one of those orange stickers on it, and told us we needed to wait 72 hours before having it towed. We followed all the proper channels. The police report actually said the car was reported stolen in another county, but for some reason the towing company still charged us because they said the owner didn't come claim it and they had storage fees.
That's good to hear! Since you followed the proper legal procedures, the expense would definitely qualify as an ordinary and necessary business expense for your rental activity. When you list it on your Schedule E, I recommend noting that proper procedures were followed and that it was necessary to maintain access to the property. While you probably won't need to provide that detail unless audited, it's good documentation to have.
I'm confused about safe harbor in general. Does it mean I don't have to keep receipts for small purchases for my rental? I've been saving every little Home Depot receipt even for $5 items and it's driving me crazy.
The de minimis safe harbor election does simplify recordkeeping, but you still need to keep receipts! What it really does is allow you to immediately deduct small-cost items (generally under $2,500 per item or invoice) rather than having to capitalize and depreciate them. For example, if you buy a $200 microwave for your rental unit, you can deduct it immediately rather than depreciating it over several years. But you absolutely should keep those receipts - they're your proof if audited. The safe harbor is about how you treat the expenses, not whether you need documentation.
This happened to me too! I freaked out when I saw strange banking info on my return from Jackson Hewitt. Make sure to ask Fiesta these questions: 1. What is the TOTAL fee including tax prep AND refund transfer fees? 2. When exactly will you get your money after the IRS sends the refund? 3. How will you receive the remaining funds? (direct deposit, check, prepaid card) They should have given you a document explaining all this before you signed your return. If they didn't, that's shady business practice and should be reported to the Better Business Bureau.
There's a form you were supposed to sign called a "Refund Authorization Form" or something similar that gives permission for this arrangement. Did they have you sign anything like that? If not, that's a big red flag. Check all your paperwork carefully. Also, just for future reference, there are free tax filing options that don't pull this refund transfer stuff. The IRS Free File program lets most people file for free if your income is under $73,000, and they don't play these games with your refund. Looking at section 35 is smart - always check where your money is going! Not a dumb question at all.
Levi Parker
11 One often overlooked approach is to use the IRS Tax Withholding Estimator online. It's free and walks you through calculating the proper withholding. Make sure your parents have their most recent paystubs and last year's tax return handy when using it. I found it incredibly helpful when my wife and I were in a similar situation - owing about $5,000 because we hadn't updated our W4s after getting married. The estimator asks about both incomes, how often you're paid, and other factors that affect your taxes.
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Levi Parker
ā¢7 I tried using that estimator but got confused halfway through. It asked for projected deductions and I had no idea what to put. Do you just guess? Or is there a way to figure out what deductions they'll have for this year?
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Levi Parker
ā¢11 For the deductions section, you can use last year's deductions as a starting point if your situation hasn't changed much. If your parents take the standard deduction (which most people do now with the higher amounts), you can just select that option without itemizing. If they do itemize, have them look at Schedule A from last year's return and use those figures as estimates, adjusting for any known changes (like if they paid off their mortgage or expect higher medical expenses this year).
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Levi Parker
5 Don't forget that underpayment penalties can apply if they don't withhold enough throughout the year! To avoid penalties, they generally need to withhold at least 90% of this year's tax or 100% of last year's tax (whichever is smaller).
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Levi Parker
ā¢16 Wait, so even if they pay everything they owe by the tax deadline, they can still get penalties if they didn't pay enough during the year?? That seems really unfair!
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