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Don't forget that Form 8938 thresholds are different if you're living abroad! If you qualify as an expat (physical presence test or bona fide residence test), the thresholds are much higher - $200,000 on the last day of the year or $300,000 at any time during the year for single filers. I made the mistake of filing unnecessary 8938 forms for two years before a tax preparer pointed this out to me. Wasted a bunch of time gathering all that information when I was well below the applicable threshold as an expat.
Does this mean I might not need to file if I was living outside the US for part of the year? I was actually working in Asia for about 4 months last year on a project. How does that affect my filing requirements?
You would need to qualify as a foreign resident under either the physical presence test (330 days outside the US in a 12-month period) or the bona fide residence test (established residence in a foreign country for an entire tax year). Based on what you described - just 4 months abroad - you wouldn't qualify for the higher foreign resident thresholds. You'd still use the standard domestic thresholds ($50,000 on last day/$75,000 any time for single). The higher thresholds are really designed for Americans who are living abroad permanently or for extended periods.
Anyone else getting conflicting info from different IRS publications about what actually needs to be reported on Form 8938? Pub 54 seems to contradict Form 8938 instructions about certain types of assets... š¤Æ
The most reliable source is the actual Form 8938 instructions document from irs.gov. Publication 54 is more general for Americans abroad. The specific rules for what counts as a "specified foreign financial asset" are detailed in the 8938 instructions. Generally includes: - Financial accounts at foreign financial institutions - Foreign stock or securities not held in a financial account - Interest in a foreign entity - Financial instrument with a foreign issuer or counterparty
One thing nobody's mentioned yet - make sure you're actually itemizing your deductions before worrying about this! With the standard deduction being $13,850 for single filers (for 2023 tax year), you'd need the mortgage interest plus other itemized deductions (state taxes, charitable giving, etc.) to exceed that amount for this to even matter. If both you and your boyfriend have limited other deductions, it might make sense for one of you to claim ALL the mortgage interest to push that person over the standard deduction threshold, while the other person just takes the standard deduction. Run the numbers both ways!
This is such a good point! My partner and I used to split our mortgage interest deduction, but last year we realized only one of us had enough other deductions to make itemizing worthwhile. Now I claim 100% of the mortgage interest (with his documented agreement) and itemize, while he takes the standard deduction. Saved us about $900 combined!
Exactly! Tax optimization is about looking at your complete situation, not just following generic rules. If one partner has significant charitable contributions or state/local taxes while the other doesn't, concentrating the mortgage interest with that person can create much bigger combined savings. Just make sure to document your agreement in writing. A simple signed statement explaining that one partner is claiming 100% of the deduction despite shared ownership, with both signatures, should be sufficient documentation. Keep copies with both tax records.
Has anyone used TurboTax for this situation? I'm trying to figure out how to actually enter this on my return. Do I just put in half the amount shown on the 1098? Will that trigger a mismatch flag with the IRS since they received the full amount under my SSN?
I did this with TurboTax last year! You enter the full 1098 amount when prompted, then later there's a screen asking if you paid all the mortgage interest yourself. Select "No" and it'll let you enter the percentage you're claiming. TurboTax then generates a statement explaining the situation to attach to your return. Super easy!
One thing that hasn't been mentioned yet - make sure to check if you need to file a Form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts). The threshold for reporting foreign inheritances is pretty high though - $100,000 from a nonresident alien individual or foreign estate. Since your spouse was a US citizen, you likely don't need to file this form, but it's something to be aware of for others dealing with foreign inheritances.
Thanks for bringing this up! My understanding was that since my husband was a US citizen, I don't need to file Form 3520 even though the property is in the UK. Is that correct? Are there any other international forms I should be aware of besides FBAR and the Form 8938?
You're correct. Since your husband was a US citizen, you don't need to file Form 3520 for this inheritance, even though the property is located in the UK. The form is specifically for gifts or inheritances from foreign persons (non-US citizens/residents). Beyond FBAR (FinCEN Form 114) and Form 8938, you might want to be aware of Form 8833 if you're claiming benefits under the US-UK tax treaty, but that's typically not needed for straightforward inheritances. Also, if you maintain any financial accounts in the UK after settling the estate, remember you'll need to continue reporting those on FBAR and potentially Form 8938 in future years if they meet the threshold.
Just a heads up - I'm a dual citizen too and when I inherited from my UK family, I found that currency exchange rate timing can make a big difference. The IRS will want to see values converted to USD, but the rate fluctuates daily.
Whatever you do, don't try to update your direct deposit info through email if anyone suggests that! My cousin got scammed this way last year - got an email claiming to be from the IRS about updating bank info for his refund. Turned out to be identity thieves. The IRS NEVER initiates contact through email about refunds or personal info. Just wait for the paper check like others have suggested. It takes a bit longer but it's the safest option at this point.
This happened to my mom too! She got a text message with a link to "update direct deposit info" and almost fell for it. These scammers know exactly when tax season is and target people waiting for refunds. The IRS will NEVER text or email you asking for bank information.
Has anyone had luck with calling the IRS Taxpayer Advocate Service instead of the main IRS number? I've heard they sometimes can help with refund issues if it's causing financial hardship.
The Taxpayer Advocate Service is really only for serious hardship cases or if you've tried multiple times to resolve an issue with the IRS without success. For a simple returned direct deposit that's being converted to a check, they probably won't take the case since the IRS has a standard procedure already in place.
Thanks for the clarification. Guess I'll just have to be patient and wait for the paper check to arrive. Seems like there's no way to speed up the process once the direct deposit has been rejected.
Emma Wilson
Have you considered checking if you qualify for the IRS Free File program? If your income is under $73,000, you might be able to file completely free using brand-name software. H&R Block doesn't participate anymore, but TurboTax, TaxAct and others do. Even if you don't qualify for Free File, most of the major software options are much cheaper than $405 for a straightforward return. I paid $49 for TaxSlayer this year for a return with W-2s, mortgage interest, and charitable donations.
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Yara Sayegh
ā¢Thanks for this suggestion! I didn't realize there was an income threshold for free filing options. My income is actually around $78,000 so I just miss that cutoff, but $49 sounds way more reasonable than what H&R Block quoted me. Did you find TaxSlayer easy to use? I'm not super tax-savvy but can follow clear instructions.
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Emma Wilson
ā¢TaxSlayer is pretty user-friendly with a straightforward interface. It walks you through everything step by step with explanations along the way. The questions are clear and it imports W-2s if you have your employer's EIN number. For mortgage interest, you just enter the information from your Form 1098. Even if you're not tax-savvy, these programs are designed for regular people. They have help sections and explanations for almost everything. And if you get stuck, most have support options where you can chat with a tax pro for specific questions.
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Malik Davis
I worked at H&R Block for two tax seasons and can tell you that $405 is their standard pricing for their "Deluxe" tier which they push on anyone with itemized deductions like mortgage interest. The problem is they automatically bundle in their "Peace of Mind" guarantee (basically audit protection) which adds about $100 to the bill without clearly explaining it's optional. If you do go with them, specifically ask to remove the Peace of Mind add-on and any other extras. The base price should be closer to $250-300 which is still high but more reasonable.
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Isabella Santos
ā¢Is the Peace of Mind guarantee even worth it? I've always wondered if these audit protection plans are just a way to scare people into paying more.
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