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Just to add another perspective - my sister is in almost the exact same situation with disability and two kids. She was able to claim a partial child tax credit but not get any refund from it. However, she did qualify for the Earned Income Credit because of a special rule for disability recipients who haven't reached retirement age. The key was finding a tax preparer who specializes in disability situations. The first mainstream place she went to (similar to your H&R Block experience) told her she didn't qualify for anything. The disability-focused tax preparer got her almost $3,000 back when all was said and done.
That's really helpful to know! Do you happen to remember what that special rule for the Earned Income Credit was called? I'd like to look it up so I can mention it specifically when I talk to another tax preparer.
The special rule relates to disability benefits that are taxable in the year you reach minimum retirement age. If you receive disability benefits from an employer plan and report them as wages, those can count as earned income for the EITC until you reach minimum retirement age. It's in IRS Publication 596 under "Disability Benefits and the EIC." The exact wording gets technical, but basically, if you're getting taxable disability benefits and haven't reached retirement age, you might qualify. It made a huge difference for my sister's refund.
Has anyone used the Free File options with a disability situation? I'm in a similar boat and wondering if those free programs can handle complex situations like disability income and dependents properly.
I used FreeTaxUSA last year with SSDI and a dependent. It worked well and asked all the right questions about my disability income and how it was reported. They had specific sections for disability benefits and walked through all the potential credits. Don't use the totally free version though - spend the extra $7 or whatever for the deluxe version which gives you better support for credits and deductions. Saved me way more than that $7 in the end.
Just a heads up about amended returns with treaty benefits - they take FOREVER to process. I filed a 1040-X last year claiming French-US treaty benefits that were missed on my original return, and it took almost 9 months to get my refund. The IRS website says 16 weeks for amended returns, but international ones with treaty claims seem to go into a special review queue.
9 months?! That's insane. Do you think there's anything that can be done to speed up the process? I was really hoping to get this refund before summer.
Unfortunately there's not much you can do to speed it up. International tax treaty claims get additional scrutiny because they're considered more complex. You can check the status of your amended return on the IRS "Where's My Amended Return" tool, but it just gives basic tracking info. If it's been more than 16 weeks since you filed, you can call and ask about the status, but they'll usually just tell you it's "in process." If you absolutely need the money sooner, you could look into getting a Tax Refund Advance loan from some tax preparation companies, but those usually have fees attached.
Make sure you're actually eligible under the correct treaty article! I thought I qualified under the India-US treaty for my consulting income, but it turned out I had misinterpreted Article 15. Since I was physically present in the US for more than 183 days, I wasn't eligible for the exemption I thought I was. Double-check your specific situation against the exact treaty language before filing the amendment.
Has anyone used TurboTax to file a 1040-X for something like this? Is it straightforward or should I find a tax professional?
I amended a return through TurboTax last year. If you used TurboTax for your original 2021 return, it's pretty straightforward - you can access your old return and make the amendment. If you used a different service originally, it gets more complicated. For something this specific, might be worth talking to a pro.
Something nobody's mentioned yet - getting a huge refund can actually be financially harmful in emergency situations. My sister was living paycheck to paycheck last year while overpaying taxes by about $400/month. When her car broke down, she had to put the repairs on a high-interest credit card because she didn't have the cash on hand. Meanwhile, that repair amount was sitting with the IRS, completely inaccessible to her until tax season. She ended up paying hundreds in interest on the credit card debt while waiting for "her" money to come back as a refund.
My accountant explained it like this: "If you're getting a big refund, it means you budgeted wrong all year." Changed my perspective completely!
That's a really good way to put it. I'm going to remember that one. Do tax preparers generally help with figuring out the right withholding amount?
Most definitely! A good accountant or tax preparer won't just file your return - they should help with tax planning throughout the year. Mine sends quarterly checkup emails to make sure my withholding is still on track based on any life changes (marriage, new job, etc). Just remember that their advice is only as good as the information you give them. If your situation changes significantly during the year (big bonus, side income, etc.), you should reach back out to adjust accordingly.
Dmitry Petrov
Everyone here is giving advice about forms and services, but I think they're missing something important - you might want to look into whether the company is taking advantage of interns by misclassifying them to avoid paying employment taxes. I worked in HR for years, and companies often try to save money by calling workers "contractors" when legally they should be employees. The IRS has a 20-factor test they use to determine proper classification, and from what you described (working in their office, using their equipment, set hours), your wife sounds like she should have been classified as an employee. This isn't just about your taxes - it's potentially a labor law violation. You could report them to your state's labor department or the IRS. In many states, there are penalties for misclassifying employees.
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Mei Zhang
β’That's a really interesting point I hadn't considered. Do you think reporting them could cause problems for us though? We're more concerned about getting our taxes right than getting the company in trouble. Would filing that SS-8 form someone mentioned above trigger some kind of audit or investigation?
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Dmitry Petrov
β’Filing an SS-8 does alert the IRS to potential misclassification, which could trigger them to look at the company's practices. However, this wouldn't cause problems for you - in fact, it could work in your favor. If the IRS determines your wife should have been classified as an employee, you would only be responsible for the employee portion of FICA taxes (7.65%) rather than the full self-employment tax (15.3%). The process is designed to protect workers, not penalize them. You can file the SS-8 and still go ahead with filing your taxes using Schedule C in the meantime. If the determination later comes back in your favor, you can file an amended return. Many companies incorrectly classify workers because they don't understand the rules or they're trying to save money. The determination process is one way the IRS educates employers and protects workers from bearing tax burdens that should be the employer's responsibility.
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StarSurfer
Anyone know if TurboTax handles this situation well? I've got a similar issue with a 1099-NEC from a part-time teaching gig, and I'm wondering if I need to upgrade to the Self-Employed version or if Deluxe would cover it.
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Ava Martinez
β’You definitely need TurboTax Self-Employed for any 1099-NEC income. The Deluxe version won't let you file Schedule C which is required for reporting self-employment income. Learned this the hard way last year and had to upgrade midway through filing.
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