Still Salty

[leonj12 4]

So last year my husband and I filed taxes in June for 2014, 2015, and 2016. He did not have an ITIN at the time because the lawyers we are using told us to wait until he got his SSN, so we never filed, but once we started preparing for the NVC we were asked for the tax returns. We told her why we didn't have any, she advised us to do them. We did. We filed for his ITIN and those 3 years. Excited for the money coming back, who wouldn't be, it would be a great boon for bills and to have some extra when he goes to Mexico so that we didn't have to worry. Well IRS sent us letters saying we didn't qualify for the Child Tax Credit because he did not have a SSN or TIN before January of 2017. That was $5,000 we missed out on. I blame the tax specialist we paid, who when we called to tell her said she didn't know that was a law. Well, why did we pay you then? Shouldn't you be on top of these things? I blame the lawyers, who did absolutely nothing on our case for a whole year, because apparently they 'lost' our case and forgot about it until I called them asking for updates. If that wouldn't of happened we would have applied for his TIN and filed for taxes before that damned law had taken place and would not have been penalized. So I'm still upset, that money would have been so helpful, and honestly I don't know how they can, I'm an American citizen as are my children, how can you punish me for marrying someone?

 

I need to call the IRS and ask if I can file joint this year-husband will have SSN sometime in February hopefully, his interview is next Monday!- and not get penalized, or if I need to file married but separate so that they can't bend me over and take that again.

[Italian_in_NYC 259]

Some pretty bad advice.

In over 10 years of tax experience I never ever advised on not filing. And if I did, I would have likely been fired (and the firm sued).

Try to call the taxpayer advocate (as soon as shutdown is over) and explain the situation.

[leonj12 4]

5 hours ago, Italian_in_NYC said:

Some pretty bad advice.

In over 10 years of tax experience I never ever advised on not filing. And if I did, I would have likely been fired (and the firm sued).

Try to call the taxpayer advocate (as soon as shutdown is over) and explain the situation.

I did, and unfortunately all I got was, "That sucks. They should have advised you to file as married but separate." And I talked to the lawyers but since I can't prove that phone call took place, I'm out of luck there too. My last option is to maybe scare the lawyers, fortunately my husband's case is being paid for by his company and at our final talk with the lawyer I'm going to mention how lousy everything was handled and how we were going to recommend the company pick up another law firm. I know what I'm hoping to get from it, but that is hardly what happens! I mean it's better than doing nothing at all, right?

[Sunny25 3]

There are usually fines for filing late so even if you could have received the additional child tax credit you wouldn't be getting back all that you expected. The lawyers should have known better though and not told you to wait.

[leonj12 4]

5 hours ago, Sunny25 said:

There are usually fines for filing late so even if you could have received the additional child tax credit you wouldn't be getting back all that you expected. The lawyers should have known better though and not told you to wait.

There is no fine or 'interest' if you are expecting a refund, only if you owe. And yeah they should have, but that's what we got unfortunately.