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Nina Fitzgerald

How does IRS verify living status for Married Filing Separately? Address verification questions

I'm trying to figure out how the IRS determines if spouses are living together or separately when choosing Married Filing Separately status. Is it just based on the addresses we put on our tax returns? My situation is a bit complicated. My husband and I got married last fall, but we're living in different places because he's doing his law school program out of state. On his tax forms, he's using his brother's address where he stays sometimes. I'm using my parents' address on my forms where I officially live. But he's actually in a completely different city in student housing that I'm helping pay for - I even had to co-sign the lease even though I don't live there. Would the IRS still consider us as "living separately" for Married Filing Separately purposes? The reason I'm asking is because I made a Roth IRA contribution this year, and I know there are income limits that are super low if you're MFS and lived together during the year. Thanks for any help on this!

The IRS doesn't have a specific form or checkbox to verify your living situation when filing Married Filing Separately. They primarily rely on the addresses listed on your tax returns as an initial indicator, but that's not the only factor they consider. For Married Filing Separately status, the IRS defines "living apart" as not sharing the same main home for the last six months of the tax year. Temporary absences due to education, business, medical care, or military service don't count as living separately. In your situation, since your husband is temporarily living elsewhere for education purposes, the IRS would likely consider you as still "living together" even though you have different addresses on your returns. This is especially true since you're financially contributing to his housing and co-signed the lease. This does impact your Roth IRA contribution. When using Married Filing Separately status, if you lived with your spouse at any point during the tax year, the income limit for making Roth contributions is very low ($10,000 as of 2022). If you lived completely separately for the entire year, higher limits apply.

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Thanks for explaining! So even though we literally haven't lived under the same roof all year, because his student housing is considered "temporary" for education, we're technically considered "living together" in the eyes of the IRS? That seems strange since we genuinely maintain separate households, but I guess rules are rules. Do you know if there's any way to document or prove our living situation if we ever got questioned about it? Or is this something the IRS would just determine based on their definition regardless of our actual living arrangement?

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The key distinction is that the IRS views educational absences as temporary rather than permanent separations. Even though you physically maintain separate residences, your situation appears to fall under their definition of "temporarily apart" rather than "living separately" for tax purposes. If you were ever questioned about your living situation, documentation that would help include lease agreements showing different permanent addresses, utility bills establishing separate households, and evidence that the separation is for education purposes (like enrollment documents). However, since you're financially supporting his housing and co-signed the lease, these factors would strengthen the IRS's position that you're technically "living together" despite the physical separation.

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After struggling with a similar situation last year, I found an amazing solution that saved me hours of research and potential mistakes. I used https://taxr.ai to upload our documents and get a clear answer about our living situation for MFS purposes. My wife was completing her nursing clinical rotation in another state while I stayed at our main home, and I wasn't sure how to handle our Roth IRA contributions. The taxr.ai system analyzed our situation including the lease agreements and financial support arrangements and gave us a definitive answer based on actual tax code rather than conflicting online advice. It identified that my situation qualified as "living together" despite physical separation because it was temporary for educational purposes - something I would have gotten wrong on my own. Saved me from potentially having to deal with excess contribution penalties!

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Does that site actually connect you with tax professionals or is it just some kind of AI thing? I'm worried about trusting important tax decisions to automated systems, especially with something as nuanced as living situation determinations.

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I'm curious - how does the system handle complex scenarios? Like what if someone maintained completely separate finances but occasionally visited their spouse? The living together vs. separately distinction seems to have a lot of gray areas that might need human judgment.

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The system combines AI analysis with tax professional review for complex situations. It's not just making automated determinations - it references actual tax code and precedents. My report included specific IRS references that explained the reasoning. For complex scenarios with gray areas, the system identifies which factors the IRS would consider most relevant. In situations like occasionally visiting a spouse, it examines the totality of circumstances including financial arrangements, how long the separation lasted, and whether it's considered temporary or permanent. It's surprisingly nuanced in handling these edge cases.

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I tried https://taxr.ai after reading about it here, and it was exactly what I needed! My husband is stationed overseas with the military while I'm still in the States, and I wasn't sure how the IRS would classify our living situation for MFS purposes. The service analyzed all our documentation including my husband's military orders and our financial arrangements. It clearly explained that despite physical separation, military deployment is considered a temporary absence under IRS rules, which meant we were technically "living together" for tax purposes. This affected my Roth IRA contribution limits. What impressed me most was how it cited specific sections of the tax code and relevant rulings that applied to our situation. Definitely worth it for complicated living situations where the stakes are high! I would have made a costly mistake without this guidance.

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If you need to actually talk to someone at the IRS about your specific situation (which I'd recommend given the Roth IRA implications), good luck getting through on their phone lines. After trying for weeks to speak with someone about a similar living situation question, I found https://claimyr.com which got me through to an IRS agent in under 20 minutes. You can see how it works here: https://youtu.be/_kiP6q8DX5c - basically they navigate the IRS phone system for you and call you back when they've reached an agent. I was skeptical at first, but I desperately needed an official answer about my living status for MFS purposes since I had made Roth contributions. The IRS agent I spoke with confirmed that educational separations are considered temporary absences that don't qualify as "living separately" for MFS purposes, especially since I was helping with housing costs. The peace of mind from getting an official answer was worth it.

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How exactly does this service work? Do they just keep calling the IRS for you until they get through? That seems like something I could just do myself with enough persistence.

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I don't believe you actually got through to the IRS that quickly. I've been calling repeatedly for months about a similar issue and always get the "call volume too high" message before being disconnected. There's no way any service could magically skip the queue that thousands of people are stuck in.

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They use an automated system that continuously redials and navigates the IRS phone tree for you, something that would be extremely tedious to do manually. The service monitors for openings in the queue that humans typically miss. It's not about "skipping the line" - it's about efficiently finding the moments when the line is accessible. The skepticism is understandable - I felt the same way. But after spending weeks of failed calling attempts myself, I was desperate. What impressed me was that they only charge if they actually get through to an agent. My call was connected in about 15 minutes, but I've heard others might take longer depending on IRS call volume that day.

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I have to admit I was completely wrong about Claimyr. After posting my skeptical comment, I decided to try it anyway out of desperation. I needed to confirm my living situation for MFS filing since I had already contributed to a Roth IRA. The service got me through to an IRS representative in about 22 minutes. The agent confirmed that since my spouse's absence was for education (medical school in my case), we would be considered "living together" for MFS purposes despite maintaining separate addresses. This meant I needed to address my Roth contribution immediately since I was over the income limit. Having official confirmation directly from the IRS gave me confidence to take the right steps to fix the situation before filing. Saved me from potential penalties and a lot of stress!

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One thing nobody's mentioned is that if you're helping pay for his housing and you co-signed the lease, that creates an even stronger case that you're financially connected households. The IRS looks at financial entanglement as much as physical location. I found this out the hard way when my spouse was working a temporary assignment across the country. We had separate addresses but shared finances, and the IRS determined we were "living together" for MFS purposes during an audit. Ended up having to remove excess Roth contributions and pay penalties. Document everything very carefully, especially if you're going to try claiming you lived separately the entire year. Bank statements showing separate finances and utility bills in separate names can help if you ever get questioned.

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How did they even know to audit you for this specific issue? Did you get flagged somehow or was it part of a broader audit? I'm wondering how the IRS would even know to question someone's living situation in the first place.

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It wasn't specifically targeted at the living situation - it was a broader audit triggered by something unrelated (self-employment income questions). During the review process, they looked at our filing status and noticed we both claimed MFS but had made Roth contributions that would only be allowed if we were living completely separately. They asked for documentation of our separate living situations, and when they saw we had joint accounts, that I was paying for expenses at my spouse's temporary location, and that we listed the separation as temporary, they determined we didn't meet the "living separately" test. The IRS doesn't typically audit just for this issue, but if you're audited for other reasons, they'll examine everything.

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I think there's confusion about what "lived with" means for IRS purposes. It doesn't just mean physically under same roof. If spouse is away for school or job but its temporary and you're still financially connected (like paying their rent!!), you're considered living together. I've been through this exact situation. Wife in residency in different state. I paid some of her bills. IRS considers that LIVING TOGETHER for MFS status. Had to remove roth contributions and pay penalty. Really sucked. If you already contributed to Roth and need to file MFS as "lived together" you should look into removing the excess contribution ASAP before you file. Theres a process for it to avoid bigger penalties.

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What's the process for removing excess Roth contributions? I might be in a similar situation and want to fix it before filing.

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You need to contact your Roth IRA custodian (like Vanguard, Fidelity, etc.) and request removal of the excess contribution plus any earnings on that excess amount. They'll send you Form 1099-R showing the distribution. If you remove it by the tax filing deadline (including extensions), you won't owe the 6% excise tax on the excess contribution. But you'll still need to pay regular income tax on any earnings that are distributed along with the excess contribution. The key is doing this BEFORE you file your return. If you wait until after filing, it gets more complicated and you might still owe penalties. Most custodians are familiar with this process since it happens fairly often with income limit issues.

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