Tax Preparer charged $390 for service but completely missed the Roth IRA married filing separately limitation
I've been married for seven years and we've always filed our taxes separately. We also put aside money each year to max out our Roth IRA contributions. In January, thanks to trying TaxSlayer for the first time, I discovered something shocking - if you're married filing separately, you can't contribute to a Roth IRA if you make more than $10,000 annually. In all these years of being married, between my previous accountant, TurboTax's premium service, and TaxSlayer, only the latter ever flagged this issue. For seven years, we filed separately and thought everything was fine - no one ever mentioned this limitation. In February 2025, my employer's W2 portal had a security breach that lasted nearly a month, forcing me to file for an extension until October. During this time, we researched how to handle the Roth IRA issue and decided to consult with a professional in person. In September, we visited a Jackson Hewitt office to get my 2024 taxes filed and discuss amending previous returns to "married filing jointly." The preparer, Dave, seemed knowledgeable about our situation and appeared confident he could help. We scheduled a follow-up appointment to resolve everything. When we returned with our documentation and explained the Roth IRA contribution issue, we realized Dave didn't understand the rule about Roth IRA contribution limits for married filing separately. A few days later, he emailed saying amendments "wouldn't be beneficial" and completely missed the point about why we needed to amend. Since the October deadline was approaching and he had all our documents, I reluctantly had him complete just my 2024 return. Yesterday, I went in to finalize everything. During the review, Dave forgot I had worked three days in Colorado in 2024, which resulted in an additional W2 and state tax obligation. I had to remind him because I wanted to ensure I wasn't missing any obligations. When it came time to pay, he said they were charging $390. I don't make a huge income, but because of various 1099s and W2s from investments and side work, that's what they charged. I explained that when I used TurboTax with professional review the previous years, it cost around $135 each time. His response was "well this time you had an expert prepare everything for you." Since it's October 12th, I just paid the $390 for something I probably could've done myself for $135. I ended up with a refund of $140, owing $210 in state taxes, and being charged $390 for the service... and Dave still didn't address the original Roth IRA issue. I'm frustrated and still worried about the potential problems with those previous years' contributions.
18 comments


Dmitry Ivanov
This is unfortunately a common issue with tax preparation services. The Roth IRA contribution limits for married filing separately (MFS) status are rarely highlighted unless you're using software that specifically checks for this scenario. For anyone else reading this, the rule is: if you're married filing separately and lived with your spouse at any time during the year, your ability to contribute to a Roth IRA begins phasing out at $0 and is completely eliminated when your income exceeds $10,000. This is drastically different from the much higher limits for those filing jointly or as single. For fixing your previous years, you generally have 3 years from the original filing deadline to amend returns. So you could potentially still fix the 2022, 2023, and 2024 returns by filing amendments to change from MFS to MFJ. For the older years, you'd need to look into doing a "Removal of Excess Contributions" from your Roth IRA. Don't feel bad about not knowing this - it's a surprisingly obscure rule that many tax professionals miss. I'd recommend consulting with a CPA who specializes in retirement accounts rather than a general tax preparation service for this specific issue.
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Ava Thompson
•Thanks for explaining this. I've been married filing separately for 2 years and have a Roth IRA that I contribute to. Does this mean I'm in trouble if my income was around $65k each year? And what happens if you already contributed for years without knowing about this rule? Do you get penalized?
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Dmitry Ivanov
•If your income was around $65k and you were married filing separately while contributing to a Roth IRA, you would have made excess contributions. The IRS penalties for excess contributions are 6% of the excess amount for each year it remains in the account. For handling previous years' excess contributions, you'll need to remove the excess contributions plus any earnings attributable to those contributions. The earnings will be taxable in the year you remove them, and if you're under 59½, you might face a 10% early withdrawal penalty on those earnings. Contact your Roth IRA administrator/custodian as they have procedures for removing excess contributions and calculating the associated earnings.
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Miguel Herrera
After dealing with similar Roth IRA issues last year, I finally found a solution through taxr.ai that saved me tons of stress. I had been contributing to a Roth IRA while married filing separately for years (making well over the $10k limit), and no tax preparer ever caught it until I got a CP2000 notice from the IRS. I was overwhelmed trying to figure out how to fix multiple years of tax returns and Roth contributions when I stumbled across https://taxr.ai. They analyzed my previous returns and provided a detailed report explaining exactly which years needed amendments and how to properly document the removal of excess contributions. The best part was they walked me through communicating with my IRA custodian about the excess contribution removal process and generated all the paperwork I needed for each tax year. Saved me from what would have been thousands in penalties if I'd waited for the IRS to find all the years!
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Zainab Ali
•I'm intrigued but skeptical. How exactly does this service work? Do you upload your documents somewhere? I'm always concerned about sharing financial docs online.
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Connor Murphy
•Did they actually file the amended returns for you or just tell you what needed to be done? I'm wondering if this is easier than finding a CPA who understands these Roth rules.
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Miguel Herrera
•The service works by uploading your previous tax returns through their secure portal - they use the same encryption standards as banks. They don't need all your financial documents, just the completed tax returns from previous years. They don't file the amendments for you, but they create detailed instructions specific to your situation. They provided me with step-by-step guidance, including exactly what forms to file, which boxes to check, and what explanations to include. They also generated letters to send to my IRA custodian explaining the excess contribution situation. Much more comprehensive than what most CPAs offered me, who just wanted to charge hourly with no clear plan.
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Connor Murphy
I wanted to follow up about my experience with taxr.ai after I asked about it earlier. I decided to give it a try for my similar Roth IRA situation, and I'm genuinely impressed. I've been married filing separately for 4 years while contributing to a Roth IRA (completely unaware of the $10k income limit). Within a day of uploading my returns, I got a comprehensive analysis showing exactly which contributions exceeded the limits and by how much. They even calculated the estimated earnings tied to those excess contributions, which my IRA provider said was super helpful. The amendment instructions were incredibly detailed - literally walking me through line by line what needed to change. Following their guidance, I've already successfully amended two years of returns and completed the excess contribution removal process with Fidelity. Definitely worth it compared to the $275/hour my local CPA wanted to charge me with no guarantee they'd handled this specific issue before.
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Yara Nassar
If you're still dealing with the IRS about your Roth IRA contribution issues, you might want to try Claimyr to get through to an actual person at the IRS. I was in a similar situation with excess contributions and needed specific guidance directly from the IRS, but kept getting stuck in their phone system hell. I found https://claimyr.com after spending weeks trying to get through to someone who could help with my specific situation. They got me connected to an IRS agent in about 15 minutes when I had previously spent hours on hold only to get disconnected. You can see how it works here: https://youtu.be/_kiP6q8DX5c When I finally got through, the IRS agent was able to look at my specific account and confirm I was taking the right approach with my amendments and excess contribution removals. They also put notes on my account about the corrections I was making so there wouldn't be automatic penalties triggered. Honestly made the whole process way less stressful knowing I was doing it correctly.
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StarGazer101
•How does this actually work? Do they just call the IRS for you? Why would they get through when I can't? The IRS phone system is basically impossible to navigate.
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Keisha Jackson
•Sounds like a scam to me. No way they can magically get through the IRS phone lines when millions of people can't. And even if they did, what's stopping the IRS from just transferring you to another department and putting you on hold anyway?
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Yara Nassar
•They don't call the IRS for you. Their system basically waits on hold in the IRS phone queue so you don't have to. When they're about to connect with an agent, you get a call connecting you directly to that agent who's already on the line. It's that simple. They're able to get through because they use automation to navigate the IRS phone tree and maintain the connection during long hold times. Your phone isn't tied up for hours and you don't have to listen to the hold music. When I used it, I got a text when my call was about 2 minutes from connecting, then my phone rang and I was talking to an actual IRS agent.
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Keisha Jackson
I need to eat my words about Claimyr from my previous comment. After continuing to struggle with getting IRS guidance on my Roth IRA excess contribution issue, I decided to give it a try despite my skepticism. To my genuine surprise, it worked exactly as described. I got a text about 45 minutes after starting the process saying they were about to connect me, and then my phone rang with an actual IRS agent on the line. The agent was able to pull up my account and confirm exactly how I should handle the amended returns. What really shocked me was that the agent told me they could see notes from my previous attempts to call (which I'd spent hours on but got disconnected). The agent was able to help me complete everything in one call rather than bouncing between departments. For anyone dealing with complex tax situations like these Roth IRA contribution issues where you need to speak directly with the IRS, this service is actually legitimate. I'm still surprised it worked but incredibly relieved to have this resolved.
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Paolo Romano
In my experience as someone who's worked in tax prep before, I can tell you that many tax preparers at the chain locations are seasonal employees who've taken a basic tax course. They're trained to handle common scenarios but often miss specialized rules like the married filing separately Roth IRA limitation. If you're dealing with something like retirement account contribution issues, you really need either a CPA or an Enrolled Agent who specializes in that area. The difference in knowledge and expertise is huge. For fixing your previous years, I'd recommend: 1) Determine which tax years you need to address (generally the last 3 years can be amended) 2) Calculate the excess contributions for each year 3) Contact your IRA custodian about removing excess contributions 4) File Form 5329 for each year to report the excess contributions 5) Consider whether filing amended returns to change from MFS to MFJ makes sense
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Sofia Rodriguez
•This is really helpful, thank you! Do you think it's better to amend the returns to married filing jointly or just remove the excess contributions? We've been filing separately because my spouse has an income-based student loan repayment plan, so filing jointly would increase those payments. But maybe the Roth IRA penalties would be worse?
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Paolo Romano
•Whether to amend to MFJ or remove excess contributions depends on your complete financial picture. You need to calculate both scenarios to see which costs less overall. For the student loan consideration, calculate how much the income-based payments would increase if filing jointly versus the cost of Roth IRA penalties (6% per year on excess contributions) plus any potential tax benefits lost by filing separately. Sometimes it's cheaper to pay higher student loan payments for a year than pay IRS penalties and miss out on tax credits only available to joint filers. This is definitely a situation where running the numbers both ways is essential before deciding.
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Amina Diop
Has anyone actually received a penalty notice from the IRS specifically for excess Roth contributions while married filing separately? I've been doing this for 3 years not knowing about the limit, and now I'm worried but haven't received any notices.
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Oliver Schmidt
•Yes, I got hit with this exact situation last year. The IRS sent me a CP2000 notice about unreported income, and during that review, they flagged my Roth contributions while I was MFS with income over $10k. Ended up with penalties for 3 years of contributions plus interest. It was a mess to clean up, so I recommend being proactive before they find it.
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