Home › Forums › General Discussion › 2020 Tax Season › Will people ever qualify for a PATH exception?
- This topic has 8 replies, 4 voices, and was last updated 5 years ago by Marion.
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Topic Starter
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January 25, 2020 at 6:36 pm #4332945
So, our wonderfully magnanimous congresspeople decided a few years ago that the best way to protect needy families with lots of kids from fraud was to make sure that they had to wait several weeks to get their much-needed tax refunds. How thoughtful of them! I can tell you that I feel so much better knowing that the IRS gets to keep my money for longer now. It helps me sleep at night, if you know what I mean!
My question is this–if you have filed with the same dependents, using the same software, having you DD go into the same account for YEARS, can’t they logically conclude that you are who you say you are? Has anyone heard any chatter about there being a point wherein folks in this situation no longer have to be shackled by PATH?
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January 30, 2020 at 10:22 am #4335171Marion
@somuchmore.. I claim 0 on my w-4 .. my federal withholdings are usually around 1500-2000 for the year. My refund is usually thousands more than my withholdings.. so…thats not really giving the gov a loan.
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January 30, 2020 at 4:28 am #4335006
The path act is more than just a delay for certain filers though. It is really great legislation. It helps prevent people from claiming fraudulent <span>tax</span> withholding, includes new provisions for ITIN filers, contains the wrongful incarceration exclusion which allows the wrongfully accused to claim restitution and it expanded the work opportunity credit for employers. Prior to it being enacted there were huge problems in all those areas including identity theft. We are better for this.
You don’t want to be getting a refund anyway. They are bad. Getting your <span>tax</span> liability to close to zero by changing your W-4 withholdings is much better. You are basically giving the government a loan. That you aren’t sure will be repaid. They are allowed to hold it as they see fit with accordance to the laws and policies outlined in the massive and complicated tax code. Your refund can be held for years. I suggest meeting with a <span id=”IL_AD6″ class=”IL_AD”>CPA</span> ,some charge as little as $25, and having them help in adjusting your income withholdings. If you do this your get the same amount but throughout the year instead of waiting for a frustrating <span>tax</span> season. You may even still get a small more reasonable refund of $100 or owe some. In fact, owing under a $100 means you did something right all year and got your money in your paychecks. Use the extra to pay bills or put into your IRA or retirement for an even bigger right off next year. Or a savings account.<input type=”hidden” name=”IL_IN_ARTICLE” value=”1″ class=”IL_IN_AUTO”>
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Let me be as clear and frank as I can–there is no benefit to me or most of us low-wage earners with several children. I claim exempt each year, and I am still due several thousands of dollars that my family and I depend upon to make ends meet every year. Delaying these refunds is just begging for predatory lenders to step in and provide “tax services” by promising expedited refunds in the form of 200% interest quick loans. People in my situation often find themselves in desperate need to get a hold of the money, and unfortunately, many fall prey to these schemes.
People who do not think of this obviously have never been in this situation. Furthermore, people who defend PATH as some kind of fix-all for the aforementioned problems likely do not consider the points that I have made in my OP. I have 8 kids; they’re the same 8 kids every year, and they all have the same social security numbers every year. I have a bank account that my DD has been going into for the last 15 years. I’m not pulling any fast ones. There should be some sort of accommodation for people who have proven that they’re not committing fraud.
And, let’s be real, how does holding on to people’s refund for another month, in the sea of millions of tax refunds, actually serve any real purpose? Is there a dedicated department at the IRS who takes the PATH victims’, I mean beneficiaries, returns into a special room to investigate and make sure they are protected from fraud? Not likely. My guess is that it was meant to be punitive for people who receive back more than they paid and discourage people from having a lot of kids. I have a lot of kids because my wife and I wanted a large family, and we didn’t anticipate having a master’s degree yet not being able to earn barely above minimum wage after health problems that don’t qualify for disability.
This is broken. Let’s fix it.
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January 30, 2020 at 1:00 am #4335009
Oh, and if you are audited, you will stand the chance of not seeing your refund for a MINIMUM of 6 weeks AFTER they are finished with your return (because they will treat it as if you filled a <span id=”IL_AD6″ class=”IL_AD”>paper</span> return), up to MAYBE 6 months….but I have heard of people seeing their returns nearly a year AFTER the audit was finished. That’s too long for the wait, so if I were you, I would walk the PATH and wait the wait. It’s better than taking the chance.
Let them look at my records with a fine-toothed comb. Like most people in my situation, I don’t have interests, dividends, write-offs, business expenses, or anything other than 1040-worthy income. That’s it.
I can understand them taking extra time the first filing, and maybe even the second, but year after year of them “making sure I’m not claiming kids that aren’t mine” is absolutely ridiculous. A department that can go back and look at the last decade (at least) of my tax returns and see that everything adds up the same every year should be smart enough to rubber stamp my return once they verify that they match my W2 info. Any other action is ridiculous and uncalled for.
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January 30, 2020 at 12:12 am #4335000Somuchmore
The path act is more than just a delay for certain filers though. It is really great legislation. It helps prevent people from claiming fraudulent tax withholding, includes new provisions for ITIN filers, contains the wrongful incarceration exclusion which allows the wrongfully accused to claim restitution and it expanded the work opportunity credit for employers. Prior to it being enacted there were huge problems in all those areas including identity theft. We are better for this.
You don’t want to be getting a refund anyway. They are bad. Getting your tax liability to close to zero by changing your W-4 withholdings is much better. You are basically giving the government a loan. That you aren’t sure will be repaid. They are allowed to hold it as they see fit with accordance to the laws and policies outlined in the massive and complicated tax code. Your refund can be held for years. I suggest meeting with a CPA ,some charge as little as $25, and having them help in adjusting your income withholdings. If you do this your get the same amount but throughout the year instead of waiting for a frustrating tax season. You may even still get a small more reasonable refund of $100 or owe some. In fact, owing under a $100 means you did something right all year and got your money in your paychecks. Use the extra to pay bills or put into your IRA or retirement for an even bigger right off next year. Or a savings account.
I am not understanding why everyone is putting themselves through this and being angry at the outcome. Adjust your withholding.
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January 29, 2020 at 3:34 pm #4334749
Oh, and if you are audited, you will stand the chance of not seeing your refund for a MINIMUM of 6 weeks AFTER they are finished with your return (because they will treat it as if you filled a paper return), up to MAYBE 6 months….but I have heard of people seeing their returns nearly a year AFTER the audit was finished. That’s too long for the wait, so if I were you, I would walk the PATH and wait the wait. It’s better than taking the chance.
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January 29, 2020 at 3:27 pm #4334743
The only way that you MAY qualify is if you are going through a genuine PROVEN hardship. You will have to go and see a tax advocate and show proof that you are in danger of losing your home or something just as serious, and even then, you may not even be approved for a faster refund. The PATH act was put into place to eliminate tax fraud on the bases that some people are trying to claim children that are not theirs and combat identity theft. When you do go and see the TA, make sure that you take up to date proof of identity, certified birth certificates of all children that are YOURS, and proof of your hardship. They MIGHT put in a notice in the records that will help you, but then they may also subject you to a tax audit just to make sure that no one else is claiming the credits that you are claiming for the same dependents. So basically it’s a roll of the dice / a game of chance. I suffered ID theft nearly 6 years ago, where someone used my SSN and filed taxes in my name while I was unemployed. They collected over $30,000, and I didn’t find out until AFTER I got back to work, had worked nearly a year, and tried to file during the following tax year! For people like me who have actually suffered ID theft (and I claimed the same dependents as I always did in prior work years) it is a complete nightmare! While I hate the wait, I love that they are putting these practices into play so that others will not go through what I had to.
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January 25, 2020 at 9:19 pm #4332960
I can tell you speaking from preparing taxes for a living plus being under PATH. It sucks yeah but I’m grateful for PATH. I’ve had so many people ask me to put their neighbors aunts kids as dependents etc. Fraud is real. And it’s very common. I see it daily people being audited for claiming kids they are not entitled to. But to answer your question, no exceptions have been brought up.
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January 25, 2020 at 8:42 pm #4332955Taxturtle
No. I’ve been in that boat for 21 years and have still fallen under Path with no exceptions.
I filed the 18th, accepted the 21st and didn’t even update to Path but I’m also a weekly so I won’t update until next week.
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