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I'm a tax preparer and see this situation all the time. Quick tip on top of what others have said: if you do file Married Filing Separately, remember that if one spouse itemizes deductions, the other MUST also itemize even if taking the standard deduction would be better. This catches many divorced/divorcing couples by surprise and can significantly impact your refund.

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CyberSiren

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Thanks for bringing this up! I had no idea about the itemizing rule. Does this mean we need to coordinate our filing strategies even if we're doing separate returns? That seems frustrating.

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Yes, you do need to coordinate at least on this one aspect. If your ex decides to itemize their deductions, you'll be forced to itemize as well, even if your itemized deductions are less than the standard deduction. This can result in you paying more tax than if you both took the standard deduction. It's one of the downsides of the Married Filing Separately status. That's why it's worth having a brief conversation with your ex about whether either of you plans to itemize, just so you're not caught off guard.

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Random question - I heard there's a "head of household" filing status that's better than single or married filing separately. Can the OP use that since they're getting divorced?

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No, you can't claim Head of Household if you're married as of December 31st. You would need to be "considered unmarried" which means either legally separated under a decree or legally divorced. Plus you need a qualifying dependent and to have paid more than half the cost of keeping up your home.

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Zainab Ahmed

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Just to add another perspective here - I worked as a tax preparer for years, and this is a clear mistake by the CPA. There's absolutely no scenario where 1099-INT and 1099-DIV income shouldn't appear on the 1040, even if it's not taxable. One thing to check - is it possible these investments are held in a tax-advantaged account like an IRA? In that case, you wouldn't report the interest and dividends on the 1040. But if regular 1099 forms were issued (not as part of an IRA or similar account), then this income must be reported. The fact that your parents received actual 1099 forms that weren't included on the return is concerning and suggests a genuine oversight rather than a legitimate tax strategy.

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That's a good point about tax-advantaged accounts! But no, these are definitely regular taxable investment accounts they've had for years, not IRAs. The 1099s were issued by their bank and a brokerage firm for normal taxable accounts. I think at this point it's pretty clear the CPA made a mistake. Do you think this kind of oversight indicates my parents should look for a new tax preparer, or is this the kind of mistake anyone might make occasionally?

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Zainab Ahmed

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Based on your confirmation that these are regular taxable accounts, this is definitely an error that shouldn't have happened. While everyone can make an occasional mistake, missing multiple 1099 forms is concerning because it's such a fundamental part of tax preparation. I would suggest having a conversation with the CPA first. Their response will tell you a lot - a good professional will acknowledge the error, fix it promptly at no additional cost, and explain what steps they'll take to prevent similar mistakes in the future. If they're defensive or try to charge for fixing their own mistake, that's a red flag. What makes this particularly troubling is that tax software and even manual checklists that CPAs use are specifically designed to prompt for 1099 income. This suggests either carelessness or possibly that some documents were misplaced during preparation.

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Connor Byrne

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One slightly different possibility - could the CPA have netted these amounts against losses somewhere else? Sometimes preparers will combine multiple income/loss items when there are offsetting amounts. Check Schedule D or Form 8949 to see if there might be losses that were used to offset these gains. Though even if that happened, it's still incorrect. The interest should be on line 2a regardless, and the dividends should show on lines 3a/3b before any netting occurs elsewhere on the return. But it might explain the preparer's thinking.

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Yara Abboud

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That's not how tax reporting works though. Interest income and dividends aren't netted against capital losses on Schedule D. They're entirely separate types of income reported on different lines of the 1040. Capital losses can offset capital gains, but not interest or dividend income.

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Sergio Neal

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Don't forget about the Earned Income Tax Credit too! If your income is below certain thresholds, you might qualify for this on top of the Child Tax Credit. For 2024 taxes (filing in 2025), a married couple with one child can earn up to about $53,120 and still get some EITC benefit. It phases out gradually as income increases. With your combined income of $78,000, you're probably over the limit, but if one of you took unpaid leave that reduced your annual income, it might be worth checking. The EITC can be worth up to $3,995 with one child for 2024.

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We probably don't qualify for that one then, since our combined income is still around $78k even with my wife's unpaid leave. But thanks for mentioning it! Are there any other credits or deductions we should look into as new parents?

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Sergio Neal

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You might still qualify for the child and dependent care credit I mentioned earlier if you're paying for childcare. Also look into whether you can deduct any medical expenses related to the birth - if your total medical expenses for the year exceed 7.5% of your adjusted gross income, you can deduct the amount over that threshold if you itemize deductions. Some employers also offer dependent care FSAs which let you set aside pre-tax money for childcare expenses. It's too late for 2024, but something to consider for 2025. And start looking into 529 college savings plans - there's no federal tax deduction for contributions, but earnings grow tax-free when used for education expenses.

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Has anyone here used the "Child Tax Credit Filer" tool or whatever it's called on the IRS website? Is it easier than doing it through TurboTax? This is my first year claiming my daughter and I'm confused about all the options.

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Juan Moreno

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I used the IRS Free File system last year to claim the child tax credit for my son. It was actually pretty straightforward - it asks clear questions about dependents. If your income is under $73,000, you can use it for free. If you make more, TurboTax or H&R Block might be easier, but they'll charge you for the forms needed to claim child-related credits.

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Yuki Tanaka

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One thing nobody mentioned - your 401k plan administrator might have stricter requirements than the IRS for CARES Act withdrawals. My Fidelity plan required me to provide documentation of childcare expenses upfront before approving my withdrawal, even though the law only requires self-certification. Double check with your plan administrator before assuming you can just self-certify without any paperwork. Some are more strict than others!

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Carmen Ortiz

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That's weird, my 401k is through Vanguard and they literally just had me check a box saying I qualified under the CARES Act. No documentation required at all. I wonder if different companies have different policies?

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Yuki Tanaka

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Yes, each 401k administrator sets their own verification policies. Fidelity was being extra cautious with my company's plan, but Vanguard and others often just require the checkbox as you mentioned. It varies widely by both the administrator and sometimes even by the specific employer's plan. The actual IRS guidelines only require self-certification, but plan administrators can add their own layer of verification if they choose to. Always best to check directly with your specific plan before proceeding.

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Just want to add something important - the CARES Act withdrawal option had a deadline of December 30, 2020. You can't actually take a CARES Act distribution anymore. The tax treatment aspects (spreading income over 3 years and the repayment option) are still relevant if you already took a distribution, but new withdrawals wouldn't qualify for the special treatment.

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Wait seriously? I thought the CARES Act provisions were extended! This completely changes things for me. So there's no special COVID-related withdrawal option for 401ks anymore?

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That's mostly correct, but there's a small caveat. While the general CARES Act withdrawal deadline was December 30, 2020, some COVID-related relief provisions were extended through other legislation. However, the specific 401k withdrawal provisions with penalty waivers and extended repayment options did indeed expire.

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One thing nobody's mentioned - you should check your state's Department of Labor website about worker misclassification. Some states are REALLY aggressive about going after companies that misclassify employees as contractors because they lose tax revenue. In my state (MA), I filed a complaint when something similar happened, and the state went after the company, not me. They ended up having to pay penalties AND reimburse me for the taxes I shouldn't have had to pay. Worth looking into alongside the federal options others have suggested.

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Zoe Wang

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That's really helpful! I'm in Illinois - do you know if they're pretty good about this kind of thing? I've never filed any kind of complaint before.

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Illinois actually has a pretty strong stance on worker misclassification! They have a specific task force called the Illinois Task Force on Misclassification that investigates these exact situations. You can file a complaint through the Illinois Department of Labor. The state takes these issues seriously because misclassification costs them tax revenue and deprives workers of benefits and protections. The complaint process is straightforward - you'll need to provide information about the company, your working arrangement, and copies of any documentation you have (pay stubs, text messages about scheduling, etc). Even without recorded conversations, your description of the working relationship can be enough for them to investigate.

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Don't forget you can also deduct any legitimate business expenses to reduce that tax bill! If you paid for your own cleaning supplies, mileage driving between houses, special clothing/uniforms, portion of cell phone used for work, etc. Those are all deductible business expenses that can significantly reduce your self-employment income.

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Sarah Ali

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This! When I was a house cleaner, I tracked my mileage between client houses (NOT from home to first job or last job to home, that's commuting), and all my supplies. Reduced my taxable income by almost 40%. Even if you didn't track it at the time, you can reconstruct reasonable estimates with calendar entries, texts arranging jobs, etc.

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