I'm so sorry you're going through this difficult situation. As others have mentioned, you absolutely can file as "married filing separately" without your husband's W-2. This means you'll only report your own income and deductions. A few important things to keep in mind: - You'll likely pay more in taxes than if you filed jointly, and you'll lose access to certain credits - Make sure to choose the correct filing status on your return - If you're concerned about missing income or suspect he's hiding financial information, you can request wage and income transcripts from the IRS to see what's been reported under both your social security numbers Don't wait too long to file - you can always amend later if your situation changes, but missing the deadline will result in penalties. Consider consulting with a tax professional if you're unsure about the implications for your specific situation. You have options and don't have to be held hostage by your spouse's refusal to cooperate.

I'm really sorry you're dealing with this stressful situation during an already difficult time in your marriage. You've gotten some excellent advice here, and I wanted to add a few practical points that might help: First, definitely file as "married filing separately" rather than risk missing the deadline. The penalties for late filing can be substantial (usually 5% per month of unpaid taxes), and you don't want to compound your problems. Second, if your husband works for a company, you might be able to contact his HR department directly. As his spouse, you may have rights to access certain information, especially if you've filed jointly in previous years. Some companies will provide wage information to spouses in situations like this. Also, consider that your husband's refusal to share tax documents could be relevant if you end up in divorce proceedings. Courts generally don't look favorably on spouses who withhold financial information, so document his refusal in writing (save any texts, emails, etc.). Finally, if you have access to any bank statements or pay stubs around the house, gather those as backup documentation. Even if you can't get his W-2, having some record of his approximate income could be helpful for your own planning. Take care of yourself during this difficult time, and remember that you do have options and rights here.

This has been such an educational thread! I'm in a similar situation to the original poster - just started a new job and was completely overwhelmed by the state W4 form after struggling through the federal one. Reading through everyone's experiences and advice has really helped clarify things. The key takeaways I'm getting are: 1. State forms are often simpler than federal (especially for flat tax rate states) 2. It's better to be conservative and have slightly more withheld than risk owing 3. You can adjust your W4 throughout the year as you learn more 4. Each state has different rules and exemption values I'm in Texas, which doesn't have state income tax, so I don't have to deal with this particular issue. But I've been following along because I might be relocating for work next year and want to be prepared. The advice about checking for 2025 rule changes and using state withholding calculators will definitely come in handy. Thanks to everyone who shared their experiences - both the successes and the mistakes. It's reassuring to know that even tax professionals recommend starting conservative and adjusting as needed rather than trying to get everything perfect immediately. This kind of practical, real-world advice is so much more helpful than trying to decipher the official forms and instructions!

As someone who works in tax compliance, I want to add one more important consideration that hasn't been fully addressed yet - the timing of when you submit your W4 changes during the year. If you realize you need to adjust your exemptions, don't wait until the end of the year! The earlier you make the change, the more pay periods you have to correct any under-withholding or over-withholding from earlier in the year. For example, if you discover in July that you're not having enough withheld, you still have 5-6 months of paychecks to make up the difference. But if you wait until December, you might need to have a huge amount withheld from just one or two paychecks, which could create cash flow problems. I also want to echo the advice about keeping records of your W4 elections. I recommend taking a photo of your completed form before submitting it, and also noting the date you submitted any changes. This helps tremendously if you need to reference your withholding elections later or if there are any payroll discrepancies. For Illinois specifically (like the original poster), remember that Illinois also has local taxes in some municipalities that might require additional withholding considerations beyond just the state exemptions.

Based on your description, Exception 1(a) is most likely the correct choice for your situation. Since you mentioned your bank sent a letter stating your account is subject to IRS information reporting, and you have a regular savings account earning interest, this falls under passive income from U.S. sources. Exception 1(b) specifically requires the income to be "effectively connected with U.S. trade or business," which doesn't apply to you since you're not running a business in the U.S. A regular savings account generating interest income is considered passive income, not business income. For supporting documentation, include: - The letter from your bank confirming IRS reporting requirements - Any 1042-S forms if you've received them (or a statement from the bank that they will issue these) - Make sure the bank letter specifically mentions that interest income will be reported to the IRS The key is that your bank is doing the reporting to the IRS - that's what qualifies you for Exception 1(a). Double-check that your bank letter clearly states they'll be reporting your interest income to the IRS, as this is crucial documentation for your W-7 application.

I went through this exact same situation last year and can confirm that Exception 1(a) is the right choice for your case. The distinction between 1(a) and 1(b) really comes down to whether your income is from passive investments (like bank interest) versus active business operations. Since you mentioned you have a regular savings account earning interest and your bank confirmed they'll be doing IRS reporting, you're dealing with passive income subject to information reporting - which is textbook Exception 1(a). One tip: when you get the letter from your bank, make sure it explicitly states that they will report the interest income to the IRS and issue Form 1042-S. Some banks send generic letters that don't mention the specific reporting requirements, which can cause delays or rejections. I had to go back to my bank twice to get the right wording before my application was accepted. Also, don't stress too much about the timeline - mine took about 7 weeks during off-season, but I know people who applied during tax season and waited 12+ weeks. The important thing is getting the documentation right the first time.

Does anyone know if this is different for LLC vs sole proprietor? I have a single-member LLC but file Schedule C.

This is such a common confusion point for self-employed folks! I went through the exact same thing when I started my consulting business. The key is proper documentation - make sure your invoices clearly separate the reimbursed expenses from your service fees. I use a simple format like "Service Fee: $X, Travel Reimbursement: $Y" on each invoice. This makes it crystal clear to both you and the IRS that these are genuine reimbursements, not additional income. One tip that helped me: I keep a separate spreadsheet tracking each reimbursed expense with the corresponding receipt and invoice number. Makes tax time so much easier and gives you bulletproof documentation if questions ever come up. TurboTax handles this pretty well if you enter everything in the right categories - just make sure you're consistent about how you classify things. The peace of mind of doing it right from the start is definitely worth the extra bookkeeping effort!

This thread has been super informative! I'm dealing with a similar situation where I received my final paycheck of 2023 on December 31st via direct deposit, but my pay stub shows January 1st, 2024 as the "pay period end date." My employer's HR department is insisting this makes it 2024 income, but based on everything I'm reading here about constructive receipt, it sounds like they're incorrect since I had the money in my account on December 31st, 2023. Has anyone successfully convinced their employer to correct this kind of mistake? I'm worried about getting into a back-and-forth argument with payroll when tax season is already here. Should I just accept their decision and file Form 4852 like someone mentioned, or is it worth fighting this?

I'm a tax preparer and see this confusion every year. The key thing to remember is that the IRS follows the "constructive receipt" rule - you're taxed on income when you have the right to receive it, not when it's officially "earned" or when the pay period ends. Since your money was deposited December 30, 2023, that's when you constructively received it, so it belongs on your 2023 W2. Your employer should include this in your 2023 W2, giving you 13 paychecks for that year. This is completely normal and happens whenever year-end pay dates fall this way. Don't let them tell you otherwise - the deposit date is what matters for tax purposes, not the pay stub date or pay period. If your employer insists on putting it on your 2024 W2, they're making an error that you'll need to address before filing your taxes.