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Ask the community...

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Has anyone else successfully dealt with this? I'm going through something similar with my mother claiming me when I've been completely independent for years. Filed my return and now waiting for the IRS to sort it out but it's been 2 months already with no communication.

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StarSurfer

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I went through this exact situation last year. The IRS sent us both letters about 3 months after I filed. I had to send copies of my rent payments, utility bills, and a statement explaining my situation. It took about 2 more months, but they eventually ruled in my favor and processed my return. My mom got hit with an additional tax bill though.

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I went through almost the exact same situation with my ex-spouse two years ago. He claimed me as a dependent when we'd been separated for over a year and I was completely self-supporting. The key thing to understand is that you have every right to file your own return claiming yourself, even if he's already filed. The IRS will automatically flag this as a duplicate Social Security Number issue and start an investigation. When you file, make sure to check the box indicating that no one else can claim you as a dependent. Keep copies of everything that proves you support yourself - rent/mortgage payments, utility bills, grocery receipts, bank statements showing your income, etc. You'll need this documentation when the IRS requests it. In my case, it took about 4 months total to resolve, but I eventually got my full refund plus interest. My ex had to file an amended return and pay back the incorrect dependent credit he claimed. The IRS was actually pretty straightforward to work with once I provided the documentation. Don't let him get away with this - it's tax fraud and you shouldn't have to suffer financially because of his dishonesty. File your return as soon as possible so the IRS can start the review process.

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Malik Thomas

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Just wanted to add that if you take money from your HSA, make sure to keep ALL medical receipts, even small ones. The IRS allows you to reimburse yourself for qualified medical expenses from years ago (no time limit) as long as the expense occurred after you established the HSA.

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NeonNebula

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Wait really?? So if I have a $5000 medical bill from 2023 (that I already paid out of pocket) and I take $5000 out of my HSA now, I can avoid the penalty by "retroactively" using it for that old bill??

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Wow I had no idea! I've been paying some pretty significant medical bills out of pocket over the past couple years because I was trying to let my HSA grow. So you're saying I could actually withdraw that amount penalty-free as long as I have documentation of those past expenses? That could be a game changer for my situation.

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Connor, I'm really sorry to hear you're in such a tight financial spot. Before you make any moves on your retirement accounts, I'd strongly suggest checking if you have any unreimbursed medical expenses from the past few years that you paid out of pocket. As Malik mentioned, the HSA has this amazing feature where you can reimburse yourself for qualified medical expenses with no time limit - as long as the expense occurred after you opened your HSA account. This could potentially let you withdraw from your HSA completely penalty-free if you have documentation for past medical bills, prescriptions, dental work, vision expenses, etc. Even something like over-the-counter medications (with a prescription), medical equipment, or travel expenses for medical care can qualify. Keep every receipt and make sure the total amount you withdraw doesn't exceed your documented qualified expenses. If you don't have enough past medical expenses to cover what you need, then yes, the 401k loan route would be much better than an early withdrawal. At 28, you've got decades for that money to grow - the real cost isn't just the penalties, it's the lost compound growth over time. Hang in there, and make sure to explore every option before touching those retirement funds! šŸ’Ŗ

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Oscar O'Neil

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For future reference, here's what I learned about 1099-INT forms from the IRS: 1. When the IRS issues a 1099-INT for interest on your tax refund, they are the "payer" 2. The Payer's Federal Identification Number is the TIN you need (52-1545001) 3. You generally need to report this interest on Schedule B if it's over $1,500 total interest 4. This interest is fully taxable at the federal level but may not be taxable for your state (depends on where you live) Hope this helps others who run into the same confusion!

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Do you know if I need to include this interest in my AGI calculation? And does getting a 1099-INT from the IRS increase my chances of being audited?

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Oscar O'Neil

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Yes, interest from a tax refund shown on a 1099-INT must be included in your AGI (Adjusted Gross Income) as it's considered taxable income at the federal level. Receiving a 1099-INT from the IRS does not increase your audit risk. It's a routine form sent when they pay you interest on refunds that were delayed. Since this information is already reported to the IRS (they created the form), there's no additional audit risk as long as you properly report the interest on your tax return.

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Quick clarification - I'm a tax preparer and want to add that you actually need to report ALL interest on your tax return, not just amounts over $1,500. The $1,500 threshold is just for when you need to itemize the sources on Schedule B. Even small amounts of interest income need to be reported on your 1040.

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Liv Park

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Thanks for clearing that up! So where exactly do I put the smaller interest amounts on the 1040 if I don't need Schedule B?

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Chloe Martin

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For smaller interest amounts (under $1,500 total), you report them directly on Line 2b of Form 1040 ("Tax-exempt interest"). Wait, that's not right - taxable interest goes on Line 2a ("Taxable interest"). You just enter the total amount there without needing to itemize the sources on Schedule B. Only when your total taxable interest exceeds $1,500 do you need to attach Schedule B to show the breakdown of sources.

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Ravi Gupta

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Just to add something important here - there's a statute of limitations on amended tax returns. You can generally only go back 3 years from the original filing due date to file an amendment and claim a refund. So if you filed your 2022 taxes on April 15, 2023, you have until April 15, 2026, to file an amended return for 2022. For 2023 taxes, you'd have until April 15, 2027. Don't wait too long to address this or you could lose your chance to recover the overpaid taxes from earlier years!

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GalacticGuru

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is there any way to get an extension on that 3 year limit? my situation goes back 5 years and i just discovered it...

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Ravi Gupta

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Unfortunately, the 3-year limit for claiming refunds is pretty strict. There are very few exceptions, and they typically involve situations like physical or mental incapacity that prevented you from filing. The fact that you weren't aware of the error generally isn't considered grounds for an extension. That said, you should still try to recover what you can from the last 3 years. And it's worth consulting with a tax professional to see if there might be any other angles to pursue for the older years - sometimes there are creative approaches that might work in specific situations, though I wouldn't get your hopes up too much for anything beyond the 3-year window.

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Wow, reading through all these responses makes me realize I'm not alone in this! As someone who works in employee benefits administration, I can confirm that this domestic partner vs. spouse classification mix-up happens WAY more often than you'd think. A few additional tips based on what I've seen work: 1) When you approach HR, come prepared with documentation - marriage certificate, copies of your paystubs showing the imputed income, and ideally a calculation of how much this has cost you. Being organized makes them take it more seriously. 2) If your initial HR contact says "nothing can be done," ask to escalate to the benefits director or payroll manager. The front-line benefits person might not have authority or knowledge to make retroactive corrections. 3) Some companies have a formal "benefits error correction" process that allows for retroactive fixes. Ask specifically if this exists at your company. 4) Document everything in writing - send follow-up emails after verbal conversations summarizing what was discussed and agreed upon. The key thing to remember is that this IS fixable in most cases. Your employer has been incorrectly reporting your tax situation, and they generally want to correct legitimate errors like this to avoid potential issues with the IRS down the road. Don't give up if the first person you talk to says no!

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Nia Johnson

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Has anyone here actually had success getting the penalties reduced? I'm amending several years and looking at almost as much in penalties as the original tax! This is so frustrating, especially since I'm trying to do the right thing by amending.

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CyberNinja

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Yes! I was able to get my penalties reduced by calling and explaining that I had reasonable cause - in my case, I had medical issues during the original filing period and didn't have all the correct information. They reduced the penalties by about 70%. They were surprisingly understanding once I actually got to talk to someone.

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I've been through this exact scenario with a 2018 amended return that resulted in owing about $4,200 additional. Here's what I learned from the experience: The good news is that since you filed your original 2019 return on time, you won't face the failure-to-file penalty on your amended return. That's a huge relief because that 5% monthly penalty can add up fast. However, you will owe: - Failure-to-pay penalty: 0.5% per month on the unpaid tax from April 15, 2020 (or July 15, 2020 if you had the COVID extension) until paid - Interest: This compounds daily and the rates have fluctuated quite a bit since 2020 For context, my penalties and interest on that $4,200 ended up being about $1,800 total by the time I paid in late 2022. The interest was actually the bigger component since it had been accumulating for several years. One tip: when you file Form 1040X, make your best estimate of penalties and interest and pay it with the return. Even if you're slightly off, it shows good faith and stops the clock on further accumulation. The IRS will adjust and either refund any overpayment or bill you for any shortage. Also consider requesting First Time Penalty Abatement if you qualify - it can eliminate the failure-to-pay penalty portion, though not the interest.

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