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same in IL, state came quick
Has anyone actually gone through an audit on this kind of situation? I claimed my girlfriend's daughter last year and now we're being audited. The biological father also claimed her even though she only sees him every other weekend. I'm terrified we'll have to pay back the child tax credit.
I went through this exact situation 2 years ago. Make sure you have documentation showing the child lived with you - school records showing your address, medical records, even dated photos of the child at your home throughout the year can help. The IRS mainly cares about where the child actually lived for the majority of nights in the year.
I went through a similar situation a few years back and learned some important details that might help you. The key thing to understand is that when multiple people could potentially claim the same child, the IRS has "tiebreaker rules" to determine who has priority. Since you're not married to your girlfriend, you'd need to qualify under the "qualifying relative" rules rather than "qualifying child" rules. This means you need to provide more than 50% of the child's total support AND the child's gross income must be less than the exemption amount (which isn't an issue for a 7-year-old). The tricky part is that if the biological father is eligible to claim the child but chooses not to, that doesn't automatically make you eligible. However, if you truly provide more than half the support and meet the other tests, you may have a valid claim. My advice would be to carefully calculate exactly what percentage of the child's total annual support you're providing (housing, food, clothing, medical, education, etc.) and document everything. If it's genuinely over 50% and the child lives with you more than half the year, you likely have a stronger claim than the biological father, regardless of the child support he pays. Just make sure to communicate with all parties involved to avoid duplicate claims, which can trigger audits for everyone.
This is really helpful context about the qualifying relative vs qualifying child distinction! I'm new to understanding these rules and didn't realize there was a difference. When you say I need to calculate the percentage of support I'm providing, does that include things like the fair market value of housing? Since they're living in my home rent-free, how do I calculate what portion of my mortgage/rent counts toward their support? Also, does the child support the biological father pays count toward his support percentage or mine, since it technically goes to my girlfriend?
Has anyone used a third-party service to help with the ERO application? I'm in a similar boat and wondering if it's worth hiring someone or if I should just apply directly.
I used a tax attorney who specializes in IRS representation to help with my application because I had a more complicated situation (bankruptcy from 3 years ago). Cost me about $1500 but they handled everything and my application was approved without issues.
I actually went through this exact situation about 2 years ago with a DUI from 6 years prior. I was terrified that it would prevent me from getting ERO status, but it turned out to be much less of an issue than I expected. The key things that helped me were: 1) Being completely honest on Form 8633 - I disclosed everything upfront, 2) Including a brief letter explaining the circumstances and what I learned from the experience, and 3) Emphasizing my clean record and professional conduct since then. My application was approved without any follow-up questions. The IRS seems much more concerned with recent issues or patterns of behavior rather than isolated incidents from several years ago. Your 9 years of experience as a tax preparer with an active PTIN actually works strongly in your favor - it shows you've been trusted with tax preparation responsibilities and maintained good standing. Don't let the DUI stop you from pursuing your business goals. Just be honest, provide complete information, and let your professional track record speak for itself.
This is exactly what I needed to hear! It's so reassuring to get perspective from someone who went through the same situation. I've been losing sleep over this, but your experience gives me confidence that I'm probably overthinking it. Did you have to provide any specific documentation about the DUI resolution, or was the disclosure on Form 8633 and your explanatory letter sufficient? I'm trying to gather everything I might need before I submit the application.
Has anyone successfully resolved this error by creating an IRS online account? I've heard sometimes you can pull your exact AGI from their transcript system.
YES! This is exactly what worked for me. I created an account on IRS.gov and downloaded my tax transcript from last year. The AGI on that transcript was actually different than what showed on my saved PDF copy of last year's return (no idea how that happened). Used the transcript number and my return was accepted immediately.
I had this exact same reject code last week and it was driving me crazy! After reading through all these suggestions, I ended up trying the IRS transcript approach that Carmen mentioned. Created my online account at IRS.gov and pulled up my 2023 tax transcript - turns out the AGI I had been using was off by exactly $1! Must have been a rounding error somewhere. Used the exact number from the transcript and my return was accepted within minutes. Definitely recommend checking your transcript first before trying the other methods - it's free and might save you a lot of time and stress. Thanks everyone for all the helpful advice in this thread!
That's such a relief to hear you got it resolved! A $1 difference causing a rejection seems so frustrating, but I'm glad the transcript method worked. I'm actually dealing with a similar situation right now - got the same IND-507-01 code yesterday. Did you have any trouble setting up the IRS online account? I've heard the identity verification process can be tricky sometimes. Also wondering how long it took for the transcript to show up once you created the account? Thanks for sharing your success story - gives me hope that this might be simpler than I thought!
Ava Martinez
I'm dealing with a similar situation but with a different twist - I moved from Hong Kong to the US in early 2024 and my MPF provider is telling me I can only withdraw after being outside Hong Kong for 12 months. So I won't be able to access my funds until early 2025. From what I'm reading in this thread, it sounds like the tax treatment will be the same regardless of when I actually receive the money - it'll be taxable income in the year I receive it (2025 in my case). But I'm wondering if there are any planning opportunities since I have advance notice of when this income will hit. For example, would it make sense to try to keep my other income lower in 2025 to stay in a lower tax bracket when the MPF distribution comes in? Or are there any strategies for spreading the tax impact across multiple years? My MPF balance is pretty substantial after working in Hong Kong for 8 years, so I'm worried about the tax hit all coming at once. Has anyone dealt with the 12-month waiting period requirement and found any useful planning strategies for managing the eventual tax impact?
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Aisha Mahmood
β’Great question about tax planning for a large MPF distribution! Since you have advance notice, there are definitely some strategies worth considering. You're right that keeping other income lower in 2025 could help manage the tax bracket impact - things like deferring bonuses, maximizing retirement contributions, or timing other deductible expenses. One approach some people use is to see if they can structure the withdrawal as multiple smaller distributions across tax years, though I'm not sure if Hong Kong MPF rules allow that flexibility. You might also want to look into whether making maximum contributions to traditional IRAs or 401(k)s in 2025 could help offset some of the taxable income. The 12-month waiting period is actually pretty common for expat pension withdrawals. I'd definitely recommend consulting with a tax professional who specializes in international situations before you receive the funds - they can model out different scenarios and help you optimize your overall tax situation for 2025. Having that advance planning time is actually a nice advantage that most people in this thread didn't have!
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Ava Thompson
Just wanted to add some perspective as someone who went through MPF withdrawal taxation a couple years ago. One thing that really helped me was getting a letter from my MPF provider in Hong Kong that specifically broke down the tax treatment of my contributions there. This documentation was crucial when my US tax preparer was trying to determine what portions might qualify for different treatment. The key insight for me was understanding that Hong Kong salaries tax had already been paid on the mandatory employee contributions going into the MPF, but the employer contributions were made pre-tax. This distinction mattered for US tax purposes, though as others mentioned, any investment growth is still fully taxable here regardless of the source. Also, don't overlook state tax implications if you're in a state that taxes income. Some states have different rules for retirement distributions that might affect your overall tax situation. California, for example, generally follows federal treatment but you'll want to confirm based on your specific state. The complexity really justified getting professional help for me - between federal taxes, state considerations, and potential FBAR reporting, there were too many moving pieces to risk getting wrong on a DIY approach.
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Aisha Rahman
β’This is really valuable information about getting documentation from the MPF provider! I'm curious - when you requested that letter breaking down the tax treatment, did you have to specifically ask for certain information or did they have a standard format for US tax purposes? I'm worried about getting the right documentation since my MPF provider might not be familiar with what US tax preparers need. Also, regarding the state tax implications you mentioned - I'm moving to Texas which doesn't have state income tax, so I assume that simplifies things for me. But it's a good reminder that location matters beyond just federal treatment. Did your tax preparer end up using Form 8606 for reporting the different portions of your MPF withdrawal, or was it handled differently? I'm trying to get a sense of what forms I'll need to prepare for when I meet with a professional.
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