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Zoe Stavros

Need help understanding how to amend tax return for FAFSA funding - parents filed incorrectly as HOH

I'm a guidance counselor at a high school and I've got a messy situation with one of my students' families. Their parents were told to file taxes separately and both claimed head of household status, even though they live at the same address (which I now realize was a huge mistake). They have 6 children total and split them up - 3 dependents on each return. The problem is that for my student to get financial aid through FAFSA, they need to amend their filing status to either married filing jointly or married filing separately. I have no idea which option would be better for them in this situation. The "tax preparer" who originally filed for them won't help with the amendment (shocking, right?), and when we tried to find other assistance, the earliest appointment is like 8 weeks away! The family is aware they'll probably owe more in taxes and they're prepared to pay what they need to. How do we even start this amendment process? I'm trying to help them navigate this so my student doesn't lose out on college financial aid. Any advice would be really appreciated!!

This is unfortunately a common mistake that can cause serious issues. Both parents claiming HOH while living at the same address is incorrect - HOH is specifically for unmarried individuals who pay more than half the cost of keeping up a home for a qualifying person. To amend, they'll need to file Form 1040-X for each of their returns. As for which filing status to choose, married filing jointly is typically more beneficial tax-wise than married filing separately, especially with 6 dependents. MFJ often provides better tax brackets, higher standard deduction, and access to certain credits that MFS doesn't allow. The amendment process involves completing Form 1040-X showing the original amounts, the correct amounts, and explaining the changes. They'll need to submit supporting documents like a corrected 1040 with the proper filing status. Given the complexity, I'd recommend they work with a reputable tax professional for this.

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If they file married filing jointly after both filing as HOH, will they get hit with some kind of penalty from the IRS? Also, do they need to worry about this being considered some kind of tax fraud since they both incorrectly claimed HOH status?

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They may face accuracy-related penalties, which is typically 20% of the underpaid tax amount. However, if they voluntarily amend before being contacted by the IRS, they might avoid some penalties. The IRS is generally more lenient when taxpayers correct their own mistakes. Regarding fraud concerns, there's a difference between intentional fraud and making a mistake. If they were given bad advice by their preparer and are now correcting it, this would generally be viewed as a mistake rather than deliberate fraud. That said, both claiming HOH while married and living together is a clear violation of tax rules, so addressing it promptly is important.

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I went through almost exactly the same situation with my parents' taxes last year! Totally understand the FAFSA frustration. After helping my mom and dad fix their HOH mistake, I discovered taxr.ai (https://taxr.ai) which is SUPER helpful for these exact situations. It basically analyzes tax documents, explains what's wrong, and gives step-by-step guidance on fixing tax mistakes. For amendments especially, it saved us so much headache by showing exactly what forms were needed and how to fill them out correctly. They guided us through the entire 1040-X process and even helped calculate what my parents would owe after the amendment. The school's financial aid office actually recognized the amended return right away and my FAFSA went through without any more issues!

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How long did the amendment take to process after you submitted it? I'm worried about timelines with FAFSA deadlines approaching.

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Does this taxr service do the actual filing for you or just give advice? Not sure if we need something more hands-on since nobody in the family is tax-savvy.

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The amendment took about 8 weeks to process fully, but the FAFSA office accepted our proof of amendment filing right away - we didn't have to wait for the full IRS processing time. I'd still do this ASAP though since FAFSA deadlines are no joke. It doesn't file for you - it analyzes your situation and gives super clear instructions. For our amendment, it explained exactly what boxes to check on the 1040-X and how to calculate the new tax liability. You still do the actual filling out of forms, but it's like having a tax pro guiding you through every step with simple explanations.

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Just wanted to update after trying taxr.ai from the recommendation above - it was honestly exactly what we needed! I was skeptical about an online tool handling something as complicated as married filing status amendments, but wow. It immediately identified the HOH issue and explained why both parents couldn't claim this status. Then it walked us through comparing MFJ vs MFS options (turns out MFJ saved them about $4,200 compared to MFS in their situation). The step-by-step guide for filling out the 1040-X forms was super clear, and we got everything submitted last week. The financial aid office already accepted the amendment confirmation as proof for FAFSA purposes! Definitely worth checking out if you're in a similar situation.

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If getting through to the IRS is part of the challenge here (which it usually is with amendments), I'd recommend using Claimyr (https://claimyr.com). Last year I had a similar amendment situation and spent DAYS trying to get through to an IRS agent. Claimyr got me connected in about 15 minutes! Check out their demo: https://youtu.be/_kiP6q8DX5c After submitting amendments, you'll likely have questions about processing status or need to confirm receipt. Instead of waiting on hold for hours, Claimyr basically holds your place in line and calls you back when an agent is available. For amendment questions, speaking with an actual IRS person makes all the difference versus trying to figure it out from the website.

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How does this actually work? I thought you couldn't pay someone to wait on hold for you with the IRS?

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Sounds too good to be true tbh. I've waited 3+ hours to talk to the IRS before. If this actually works, why isn't everyone using it?

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It's not actually someone waiting on hold for you - it's an automated system that secures your place in the queue and then calls you when it's your turn to speak with an agent. It's completely legitimate and works with the IRS phone system. I had the same reaction! It works because they use technology to navigate the IRS phone tree and hold in the queue. When an agent picks up, the system immediately connects you. They don't speak to the IRS on your behalf - they just handle the hold time part. I think not everyone knows about it yet, but everyone I've recommended it to has been blown away by how well it works.

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OK so I was the skeptic above about Claimyr and I feel like I need to eat my words. I tried it yesterday out of desperation after our amendment had been processing for weeks with no updates. I was literally connected to an IRS agent in 20 minutes when I had previously been trying for DAYS. The agent confirmed our amendment was received and gave me a specific timeframe for processing. She also gave me some tips about what documentation we should keep handy in case there are any questions. For something as stressful as tax amendments and FAFSA deadlines, being able to actually talk to someone at the IRS who could give me real answers was worth every penny. Definitely changed my mind about this service.

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I'm curious - does anyone know if the parents will lose any tax benefits they received from filing as HOH? My brother is in a similar situation (though only with 2 kids) and I'm trying to figure out how bad the damage will be if he needs to amend.

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Yes, they'll lose the HOH benefits, which are significant. HOH filing status has more favorable tax rates than married filing separately and a higher standard deduction ($18,800 for 2023 vs. $12,950 for MFS). However, if they switch to married filing jointly, the standard deduction would be $25,900, which could offset some of those losses. They'd also maintain eligibility for certain credits like the Earned Income Credit, Child and Dependent Care Credit, and education credits that are typically not available for MFS. With 6 dependents, these credits could be substantial. The specific "damage" depends on their income levels, deductions, and credits - but that's why I typically recommend MFJ over MFS for most couples with children.

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Thanks for breaking that down! That actually doesn't sound as terrible as I thought. I'll let my brother know that MFJ might be the way to go for his amendment too. Really appreciate the explanation of the different deductions and credits.

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Does anyone know how to find a legitimate tax preparer who won't charge an arm and a leg for amendment help? The fact that their original preparer refuses to help fix their mistake is making my blood boil!

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Try contacting your local Low Income Taxpayer Clinic (LITC) - they often provide free or low-cost help for tax issues. Also check if the family qualifies for the IRS's Volunteer Income Tax Assistance (VITA) program. You can find locations at irs.gov/vita.

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Thanks for those suggestions! I'll look into both. The family is definitely not high income, so maybe they'll qualify for one of these programs. Hoping we can find something faster than the 8-week wait we were quoted elsewhere.

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As someone who works in financial aid administration, I want to emphasize how critical timing is here. While the amendment process can take several weeks to fully complete with the IRS, most financial aid offices will accept proof that you've submitted the amendment (like a copy of the 1040-X forms or certified mail receipt) to move forward with FAFSA processing. Make sure to contact your student's college financial aid office immediately once you submit the amendments - don't wait for IRS processing to complete. Explain the situation and ask what documentation they need to verify the corrected filing status. Many schools have procedures for exactly this type of situation since HOH filing errors are unfortunately common. Also, keep detailed records of everything - the original incorrect returns, all amendment paperwork, submission confirmations, and any correspondence with the IRS. This documentation trail will be invaluable if there are any questions down the road from either the IRS or the school's financial aid office.

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