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One thing to consider with married filing separately that many people overlook - you both have to take the standard deduction OR you both have to itemize. You can't have one spouse itemize while the other takes the standard deduction. This can make a huge difference in your refund calculation. Also, with MFS, you'll lose several tax benefits like education credits, child and dependent care credit, earned income credit, and the student loan interest deduction. Make sure whatever tax program you're using is accounting for these limitations!
Is that seriously true that both spouses have to choose the same deduction method?? I had no idea! We were planning to have my husband itemize since he has tons of deductible expenses while I'd take the standard deduction. Will this really not work?
Yes, it's absolutely true and it's one of the biggest "gotchas" with married filing separately. If one spouse itemizes, the other MUST also itemize - even if they have very few deductions. This often means the second spouse ends up with a very small itemized deduction amount that would have been much better served by taking the standard deduction. This requirement often wipes out much of the potential benefit of filing separately, which is why it's so important to run the numbers both ways. The tax code deliberately makes MFS less advantageous in most situations to encourage joint filing.
When I tried TaxAct last year there was a HUGE difference between their initial estimate and final amount too. For me it was because the software hadn't yet factored in the self-employment tax on my side gig income until later in the process. That made a $4,000 difference!
I've had similar experiences with TurboTax too. These programs often show "refund estimates" before they've calculated everything. Sometimes they don't include state taxes or certain penalties until the very end of the process.
Could there be a situation where your tax advisor might be right? I wonder if they're thinking about income limits. If you're near or over the income limit for Roth contributions, you might need to do a backdoor Roth (contribute to traditional then convert), which WOULD require Form 8606. Might be worth asking your advisor specifically why they think you need that form. If they're suggesting a backdoor Roth strategy, that's a whole different situation.
That's actually a really good point that I hadn't considered! My income is definitely below the Roth limits (about $95k for 2023), but maybe my advisor was assuming I'd be doing a backdoor Roth? I'll ask them specifically if that's what they were suggesting. If they were just mistaken about regular Roth contributions needing Form 8606, it might be time to find a new advisor...
Definitely worth a clarifying conversation with them. If your income is $95k, you're well within the limits for direct Roth contributions ($138,000 for single filers in 2023), so backdoor wouldn't be necessary. Some tax advisors who deal primarily with higher-income clients get so used to recommending backdoor Roth strategies that they sometimes default to that advice without checking if a direct contribution is possible. Or they might just be confusing the reporting requirements between traditional and Roth IRAs.
Just a reminder to make sure your contribution is earmarked specifically for 2023! I made a contribution in March last year and didn't clearly specify which tax year, and my investment company defaulted it to 2023 when I had intended it for 2022. Was a huge hassle to get fixed. Usually when you contribute online there's a dropdown to select the tax year, or if doing it by mail/check there's a place to note it.
Just want to add that when I got an IRS notice about underreported income, I discovered that sometimes brokerages report "proceeds" to the IRS but don't include your cost basis, making it look like you had way more taxable gain than you actually did. Check if your 1099-B has anything marked as "basis not reported to the IRS" - if so, the IRS might be counting the full sale amount as taxable income. Super common issue that causes these kinds of letters. Might be worth double-checking before paying anything or hiring help!
How would I know if the basis wasn't reported? Is there something specific to look for on the form? Because I think this might be exactly my issue.
Look at your 1099-B form from your brokerage - there should be a column that indicates whether the cost basis was reported to the IRS. Sometimes there's a checkbox, other times it might say "Covered" versus "Noncovered" transactions, or it might explicitly state "Cost basis not reported to IRS" for certain transactions. Noncovered securities (typically those acquired before certain dates or transferred from other brokerages) don't have their cost basis automatically reported to the IRS, so the IRS only sees the sale proceeds. In those cases, they might assume your entire proceeds are gains unless you properly report the cost basis on Form 8949.
As someone who used to work at a brokerage, this stuff happens ALL the time. Before paying anything, request a "CP2000 response form" and fill it out with your objection. Include copies of your original 1099 forms showing the correct amounts. The IRS is basically doing a matching program - they compare what's reported to them versus what's on your return. If your broker submitted incorrect info, you need to explain the discrepancy. Honestly, for a low thousands amount, you might not need a professional unless you're completely lost with tax forms. The TAS (Taxpayer Advocate Service) suggestion above is good, but they're extremely backlogged right now.
Another option worth considering is making the contribution to a Roth IRA instead, if your income allows it. While you won't get the tax deduction now, the money grows tax-free and withdrawals in retirement are tax-free too. We ran into the same issue a few years back when my husband's income increased. We ended up switching to Roth contributions going forward and just left the existing Traditional IRA alone.
I think I'm over the income limit for direct Roth contributions too. Do you know if I'd run into any issues if I go with the backdoor Roth approach mentioned above? I'm wondering if there's a timing issue since I already made the Traditional contribution a few months ago.
The timing shouldn't be an issue for the backdoor Roth approach. You can convert Traditional IRA funds to Roth at any time - there's no deadline for that part of the process. The only timing concern is getting your contribution classified correctly (as non-deductible) on your tax return. Just make sure you file Form 8606 with your taxes to document the non-deductible contribution, then do the conversion whenever you're ready. Some people prefer to wait a bit between contribution and conversion, while others do it immediately. Either way works fine from a tax perspective.
Has anyone dealt with this where both spouses are over the income limit? My husband and I both have 401ks at work and our combined income puts us well over the limit for deductible IRA contributions. We've been doing backdoor Roth contributions but I'm worried we're missing something.
You're on the right track! When both spouses are over the income limit and covered by workplace plans, backdoor Roth is typically the way to go. Just make sure you're keeping separate IRAs (never combine them) and each filing Form 8606 annually.
Sophie Duck
Don't forget that if you claim certain credits like the Earned Income Tax Credit (EITC) or Additional Child Tax Credit (ACTC), the IRS can't issue your refund before mid-February by law, no matter how early you file. This is due to the PATH Act which helps prevent fraud.
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Austin Leonard
ā¢Is that still true? I thought they changed that rule recently?
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Sophie Duck
ā¢The PATH Act requirements are still in effect for the 2025 filing season. There have been no changes to this law. If you claim EITC or ACTC, the earliest you would see your refund is around February 15th, regardless of when you file. The IRS uses this time to verify income reported on W-2s and 1099s against the credits claimed to prevent fraudulent refunds. While there are occasionally discussions about modifying these rules, no actual changes have been implemented yet.
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Anita George
last year i filed on feb 3 and got my refund by valentine's day. my friend waited til april and didn't get hers until june!! early bird gets the worm lol
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Abigail Spencer
ā¢That timing makes sense - returns filed closer to the deadline take longer because the IRS gets swamped. I always aim for early February once I have all my documents. Just make sure you have EVERYTHING before filing!
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