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Ask the community...

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AstroAce

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The issue is pretty clear-cut based on IRS Publication 501. To claim someone as a dependent who's not your biological child, they must be either: 1. Your legally adopted child 2. Your stepchild (through legal marriage) 3. Your foster child (placed by authorized agency) 4. A qualifying relative who lives with you all year Since you weren't married during the tax year, your fiancΓ© can't claim your children. Period. It doesn't matter if you're getting married soon or if he supports them financially. The tax preparer was completely wrong, and honestly, I'd report them to the chain's corporate office because this is a pretty basic tax rule they should know.

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Thanks for this clear explanation! So even though he pays for a lot of their expenses, the relationship test is a hard requirement? Would we need to amend both our returns now, or just his?

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AstroAce

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The relationship test is absolutely a hard requirement that can't be worked around just with financial support. The IRS is very clear on this point. You'll need to amend your fiancΓ©'s return to remove the children as dependents. You should also file or amend your return to claim them if you're eligible (meet the tests for claiming your own children). This should resolve the issue with the IRS, though you might still face some penalties or interest if there was a significant underpayment on your fiancΓ©'s original return.

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Chloe Martin

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I worked as a tax preparer for 10 years and this makes me so angry! The tax chain should absolutely help you fix this situation since THEY gave you incorrect advice. They're trying to avoid admitting fault by asking for a different form. Take your disallowment letter straight to corporate if the DM won't help. The specific law is in Internal Revenue Code Section 152, which defines qualifying child and qualifying relative. Being a fiancΓ© doesn't meet either test. Also, if they prepared your return with incorrect information, they should cover any penalties or fees associated with amending the return. Many tax prep companies have accuracy guarantees - check if yours does.

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Diego Rojas

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What about common law marriage states? Would that change anything in this situation?

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Free and Low-Cost Tax Filing Options for 2025 Filing Season

Alright tax people, I've been researching free and budget-friendly tax filing options for this upcoming tax season and wanted to share what I found! There seem to be lots of choices for filing individual returns (Form 1040 series) depending on your situation. I've broken it down into three main categories: self-filing options, self-filing with assistance, and completely free tax preparation programs. I'll try to highlight special options for military members, those needing to file prior years, Form 1040-NR filers, US expats, and people with stock transactions too. **Self-Filing Options** *Available from late January through October 17 for current tax year* If your 2024 Adjusted Gross Income (AGI) is under $79,000, I definitely recommend starting with IRS Free File. My Free Taxes from United Way also connects you with a free version of TaxSlayer if your AGI is under that $79k threshold. Important tip: You MUST click through the links on these official websites to get truly free filing! Both IRS Free File and the My Free Taxes version of TaxSlayer should handle any type of income without extra charges as long as you're under the AGI limit. This means no surprise fees for self-employment, 1099 forms, gig income, unemployment, etc. Don't make the mistake of going directly to a company's website - they'll usually try to upsell you. TurboTax and H&R Block aren't part of the IRS Free File Alliance anymore, so I generally don't recommend them for truly free filing. Has anyone else found other reliable free/low-cost options I missed?

Amina Toure

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Don't forget about VITA (Volunteer Income Tax Assistance) and TCE (Tax Counseling for the Elderly) programs if your income is under $60,000 or you're 60+ years old! I volunteered with VITA last year and we helped hundreds of people file completely free. You get your taxes prepared by IRS-certified volunteers and they're really thorough. Most locations can handle W-2s, simple 1099s, education credits, earned income credit, child tax credits, and basic retirement income. They typically can't do complicated business returns or rental properties though. To find a location near you, call 800-906-9887 or use the locator tool on the IRS website. Pro tip: make an appointment early in the season - slots fill up FAST!

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Do VITA volunteers know how to handle gig worker income? I drove for Uber last year and also did some DoorDash. Not sure if that's too complicated for the free service.

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Amina Toure

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Yes, most VITA sites can definitely handle gig worker income like Uber and DoorDash! That falls under Schedule C (self-employment) income, which most VITA volunteers are trained to prepare. Just make sure to bring all your documents - your 1099s from the platforms, a record of your mileage (this is a big deduction!), and any other business expenses like your cell phone bill portion used for the apps. Not all VITA sites handle all forms though, so when you call to make an appointment, specifically mention you have gig work income to confirm they can help with that.

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Has anyone tried FreeTaxUSA? I've used it for the past 2 years and it's been really good. Federal filing is completely free regardless of income or complexity (I have investments, HSA, and 1099 income), and state is only like $15. The interface isn't as fancy as TurboTax but it gets the job done without upselling you constantly.

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Javier Torres

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I second FreeTaxUSA! Used it last year after TurboTax tried to charge me $89 for having an HSA. FreeTaxUSA handled everything perfectly - even my crypto transactions and home office deduction. Their customer service was surprisingly good too when I had a question about my state return.

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Has anyone considered suggesting tax-advantaged accounts? If OP hasn't maxed out their IRA or 401k for the year, putting money there won't help with the current capital gains taxes, but it could reduce their overall tax burden.

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Demi Hall

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This is what I did last year. Had about 10k in stock gains, maxed out my traditional IRA contribution for $6,500 which lowered my taxable income. Didn't eliminate the capital gains tax but my overall tax bill was lower. Every bit helps.

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Dana Doyle

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I actually haven't maxed out my 401k this year! Been too focused on my brokerage account since that's where I've been seeing better returns. But you're right, I should probably look at the tax advantages too. My company does a 5% match so I'm definitely leaving money on the table. Thanks for bringing this up - sometimes the obvious solutions get overlooked when you're trying to find clever tax hacks.

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Remember that short-term capital gains (held less than a year) are taxed as ordinary income, but long-term gains get preferential rates. If you're close to the 1-year mark on any positions, it might be worth holding just to get the lower long-term rate. Also, don't overlook state taxes! Depending on where you live, state taxes on capital gains can be significant. Some states have no income tax (like TX, FL, WA) while others have high rates. You mentioned $14,500 in gains - what tax bracket are you in? If you're in the 12% federal income tax bracket, your long-term capital gains rate could actually be 0%!

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Dana Doyle

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I'm in California (ouch) and in the 22% federal bracket based on my job income. Most of my gains are long-term thankfully, but I did have a few quick trades that'll be hit with short-term rates. I've been thinking about moving to a no-income-tax state at some point, but for now I'm stuck with CA's rates on top of federal. It's a double whammy.

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Josef Tearle

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One thing to consider with your cover letter - include specific details about the timeframes your child was with you. For example "Child resided with me continuously from January 1-March 15, April 10-June 8..." etc. I went through this with my ex who traveled constantly for work but still tried to claim our kids. The more specific your documentation, the easier it is for the IRS to verify. Also consider including statements from school officials, daycare providers, or doctors confirming your child's residence with you.

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Thanks for the specific advice. Do you think having a notarized statement from my parents (who live with us and helped care for my daughter while spouse was traveling) would be helpful to include with the cover letter?

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Josef Tearle

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Yes, a notarized statement from your parents would be very helpful since they're third-party witnesses to your child's living situation. The IRS values documentation from people other than the parents involved in the dispute. Having your parents include specific dates they helped care for your daughter while living in your home would add credibility to your claim. Just make sure they're precise about timeframes and their statement aligns with your overall documentation. This kind of supporting evidence can really strengthen your case with the IRS.

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Shelby Bauman

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Don't forget to include Form 8379 (Injured Spouse Allocation) with your paper return! This protects your portion of any refund if your STBX has any outstanding debts the IRS might try to collect. During my divorce last year, I neglected to file this and lost half my refund to my ex's student loan debt.

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Quinn Herbert

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That's not what Form 8379 is for though? Injured Spouse is when you file jointly and want to protect your refund from your spouse's debts. OP is filing separately, so this wouldn't apply. I think you're thinking of something else.

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I'm a high school economics teacher and I dedicated two full class periods to teaching students how taxes actually work because it's criminal how little practical knowledge they're given. Made them all calculate taxes on sample incomes and they were shocked at how progressive tax brackets actually work. The best explanation I found was: "If tax brackets are 10% on the first $10k and 15% on income between $10k-$50k, and you make $20k, you pay 10% on the first $10k ($1,000) and 15% on the next $10k ($1,500) for a total of $2,500, not 15% on the full $20k." Simple explanations go a long way.

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Ethan Davis

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Can you share any other examples you use? I have a teen who's starting their first job and I want to teach them right from the start.

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I use a tax bucket analogy with actual buckets in class. Each bucket represents a tax bracket with its rate written on it. We pour "income water" into the first bucket until it's full, then overflow into the next bucket with a higher rate, and so on. It's very visual and helps them see that only the dollars in each specific bucket get taxed at that rate. For a teen with their first job, I'd focus on explaining the W-4 form and how to calculate their likely tax burden based on their expected annual income. Also explain FICA taxes (Social Security and Medicare), which are flat taxes, versus income tax which is progressive. Most teens are surprised to learn they might not owe any federal income tax if they make under the standard deduction amount, but they'll still see FICA taxes taken out.

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Yuki Tanaka

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I didn't understand the difference between marginal and effective tax rates until my 30s, and I have a college degree! I was literally turning down overtime because I thought it would "push me into a higher bracket" and somehow result in less money. What's worse is my dad, who I thought was financially savvy, reinforced this misconception. "Be careful with raises," he'd say, "sometimes you end up with less money after taxes." Now I try to explain to friends using percentages. If you make $100k and your tax bill is $15k, your effective tax rate is 15%, even though your marginal (highest) rate might be 24%. People seem to understand that better.

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Carmen Ortiz

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You're not alone! I refused a raise for the same reason when I was younger. Such a mistake. I wonder how many people are making career decisions based on tax misconceptions?

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