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This is a really helpful thread! I'm in Nevada (another community property state) and just discovered I've been missing Form 8958 for the past 4 years. Like Derek, my spouse and I keep completely separate finances, but it sounds like we still need to split our income 50/50 for tax purposes regardless. From what everyone's saying, it seems like the main issue isn't the missing form itself, but whether you've been properly allocating income according to community property laws. If you've been reporting only your individual income without the 50/50 split, that could be a bigger problem than just the missing paperwork. I'm leaning toward consulting with a tax professional who understands community property rules rather than trying to figure this out myself. The peace of mind would be worth the cost, especially since it sounds like the rules are more complex than just "keep your finances separate.
The missing Form 8958 itself likely won't trigger penalties, but the underlying income allocation issue could be significant. In community property states, the IRS expects married couples filing separately to follow state law regarding income splitting, regardless of how you actually manage your finances. Here's what I'd suggest: First, determine if you've been properly allocating community income. If you and your spouse have been reporting only your individual earnings without the required 50/50 split, that's a substantive tax issue beyond just missing paperwork. The good news is that if your combined tax liability as a couple is correct (even if individually allocated wrong), the IRS is usually more lenient. For peace of mind, consider requesting your tax transcripts from the IRS to see if they've flagged anything unusual with your returns. You can also run some quick calculations - if splitting your incomes 50/50 would have resulted in roughly the same total tax liability you actually paid, you're probably in good shape. Given that you're in California and this affects multiple years, I'd really recommend at least a consultation with a tax professional who understands community property rules. They can quickly assess whether amendments are necessary and help you get compliant going forward.
For a rough estimate, yes, you can start by adding your total wages/salaries and dividing by 2 - that gives you the basic community income split. However, it gets more complex with things like separate property income (like inheritance or income from assets you owned before marriage), business income, and certain deductions. The key is that community property rules generally apply to income earned from personal services during marriage, but not necessarily to all types of income. So if you both just have regular W-2 jobs, the 50/50 split calculation is pretty straightforward. If there are businesses, investments, or other income sources involved, it gets trickier. You can request your tax transcripts online at irs.gov - just create an account and look for "Get Transcript." The transcripts will show if the IRS has made any adjustments or sent notices about your returns. If everything looks clean there, it's a good sign that your situation hasn't raised any red flags yet. Since you just moved to Texas last year, you'll definitely want to get this sorted out going forward. The community property rules only apply while you're actually residing in the community property state, so your previous years in non-community property states wouldn't be affected.
For a rough calculation, you're on the right track but it's a bit more nuanced than just splitting total income 50/50. Here's a simplified approach: 1. Add up all "community income" (wages, salary, business income earned during marriage) for both spouses 2. Divide that total by 2 - this is what each spouse should report as community income 3. Add any separate property income (like inheritance, income from assets owned before marriage) to each person's individual return 4. Compare this to what you actually reported The tricky part is identifying what's community vs. separate property income, which varies by state. For most people with regular W-2 jobs, it's pretty straightforward - wages earned during marriage are community income. You can request transcripts online at irs.gov (Account Transcripts show what the IRS has on file for you). If there are no notices or adjustments showing, that's generally a good sign that nothing has been flagged yet. Don't stress too much before talking to a professional - in many cases, the overall tax impact is smaller than people expect, especially if both spouses were reporting all their income somewhere on their combined returns.
Those values actually seem a little low for 2025 filing. With inflation over the past few years, I'd bump them up by 10-15%. My tax preparer specifically told me to adjust my donation values for inflation each year.
This is terrible advice! You can't just arbitrarily increase values because of inflation. The IRS expects fair market value, which is what someone would pay for the items in their current condition at a thrift store. Used clothing values don't necessarily increase with inflation at the same rate as new clothing. This is exactly the kind of thing that can trigger an audit.
Your valuation list looks quite reasonable and aligns well with standard donation guides. Those values should still be appropriate for your 2024 tax return filing. The key thing to remember is that the IRS wants "fair market value" - what someone would reasonably pay for these items at a thrift store or consignment shop. A few important reminders for your filing: - Make sure you have receipts from the charity showing the date and organization name - Keep your detailed list (sounds like you're already on top of this!) - Take photos of higher-value items if possible for your records - If your total non-cash donations exceed $500, you'll need Form 8283 The condition assessment mentioned by others is crucial - "good" condition items can use your listed values, but anything with significant wear, stains, or damage should be valued lower. Since you mentioned being organized, I'd suggest noting the condition of each item on your list for future reference. Your approach of keeping detailed records puts you in a great position if there are ever any questions about your deductions.
Has anyone here actually gotten audited specifically about S Corp health insurance treatment? I'm curious what the real-world risk is. I've been just paying health insurance personally and taking the self-employed health insurance deduction without running it through my S Corp payroll at all... which I'm now realizing might be incorrect after reading this thread.
Yes, actually. My S Corp got audited in 2021, and health insurance handling was one of the specific issues they examined. The agent was particularly interested in whether we had properly included shareholder health premiums on W-2s and whether we had documentation for our health reimbursement plan. We had been doing it correctly (thankfully) but they indicated this is an area they look at closely because it's frequently done wrong. They specifically mentioned that taking the self-employed health insurance deduction without having the premiums flow through the S Corp and onto the W-2 is a red flag.
Thanks for sharing your audit experience - that's exactly the kind of real-world insight that's helpful! It sounds like the IRS is definitely paying attention to this area. For anyone in a similar situation to @Sasha Ivanov, you'll want to correct this for future years. The proper flow should be: S Corp pays or reimburses health insurance premiums ā those amounts get added to your W-2 as wages (but not subject to FICA/FUTA) ā you then take the self-employed health insurance deduction on your personal return. Just paying personally and taking the deduction skips the crucial W-2 reporting step that the IRS expects to see. It's one of those things that might fly under the radar for a while, but if you do get audited, it's an easy thing for them to catch since the deduction on your personal return won't match up with any corresponding W-2 wages. The good news is this is usually fixable by amending prior year returns if needed, though you'll want to consult with a tax professional about the best approach for your specific situation.
This has been bugging me so i asked our benefits manager. She said our company USED to not tax the premiums, but then they ran an analysis and found that making the switch to taxing the premiums now (to make future benefits tax free) saved employees an average of $3,400 in taxes when they actually had to use the STD/LTD benefits. Apparently a finance guy in our company who had to go on long term disability a few years ago was shocked when his already reduced income (the LTD only paid 65% of his salary) was ALSO getting taxed, leaving him with way less than he expected. After that, they changed the policy company-wide. So yea, sounds like ur company is actually doing you a favor by taxing these premiums now!
This thread has been incredibly helpful! I work in HR and we get this question constantly. What I've learned from implementing this at my company is that while both taxation approaches are legally compliant, the choice really comes down to what's better for employees in the long run. We did a cost-benefit analysis similar to what Oliver mentioned, and found that for most employees, paying the small tax on premiums now versus paying tax on actual disability benefits later was a no-brainer. The average premium tax impact was about $15-20 per paycheck, but the tax savings when someone actually needs disability benefits can be thousands of dollars. One thing I'd recommend - ask your HR to provide a clear explanation of their policy in writing. Many companies don't communicate this well, which is why employees get confused seeing "taxable" items on their paystub that they didn't expect. A simple benefits guide explaining "we tax these premiums now so your future benefits are tax-free" goes a long way toward reducing confusion. Also worth noting that this doesn't just apply to employer-paid premiums - if you're paying additional premiums for supplemental coverage through payroll deduction, make sure those are being handled with after-tax dollars too so any benefits from that coverage remain tax-free.
Avery Saint
Pro tip: if u got federal student loans check the studentaid.gov website first. they usually know b4 the irs transcript updates
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Mei-Ling Chen
Check your transcript for code 898 (Treasury Offset Program) - that's the big one that shows if they're planning to take your refund. Also look for any negative amounts with future dates. The codes can be confusing though, so don't panic if you see something weird without understanding what it means first. You can also call the Treasury Offset Program at 1-800-304-3107 to see if you have any debts that might cause an offset. Better to know now than get surprised later!
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