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Zara Rashid

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5 Has anyone run into issues with the 4-year limit on the AOTC? My parents claimed it for me for 3 years already, and now I'm in my 4th year of college. I'm worried because I took a semester off, so technically I might need a 5th year to graduate. Will we lose out on the credit for my final year?

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Zara Rashid

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18 The AOTC is limited to 4 tax years per eligible student, not 4 years of college. So if your parents claimed it for 3 tax years already, they should be able to claim it one more time, regardless of how long it takes you to graduate. What matters is the number of tax years the credit was claimed, not your academic timeline.

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One thing to keep in mind is that the AOTC can only be claimed for the first four years of post-secondary education, and the student must be enrolled at least half-time in a degree program. Since you mentioned you're living at home and attending college full-time, you should be fine on the enrollment requirement. Also, make sure your mom knows that only "qualified education expenses" count toward the AOTC - this includes tuition and required fees, plus required books and supplies. Room and board, transportation, and optional expenses don't qualify, even if they're education-related. The fact that you both contributed to paying doesn't complicate things as much as you might think. The IRS treats all qualified expenses as if they were paid by the person claiming you as a dependent. So your mom can claim the full credit based on the total qualified expenses, regardless of who actually wrote the checks.

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This is really helpful clarification! I didn't realize that room and board expenses don't count toward the AOTC. We were including those in our calculations which probably made things more confusing. So just to make sure I understand - if my total tuition and required fees were $8,000 this year, and my mom and I each paid $4,000, she can claim the AOTC based on the full $8,000 in qualified expenses (up to the $4,000 maximum for the credit calculation)? Even though I contributed half? Also, do textbooks that aren't specifically required by the course but are recommended count as qualified expenses?

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One strategy I don't see mentioned is differentiating between the PSL and the actual tickets. My CPA structured my ticket business so that I personally own the PSLs as an investment asset (since they can appreciate over time), while my LLC "rents" the right to purchase the annual tickets from me. This way, the LLC can deduct the full cost of the annual tickets plus a reasonable "rental fee" for using my PSLs, and I report that rental income personally. This creates some nice tax flexibility depending on my overall situation each year. When/if I eventually sell the PSLs, I'll be taxed at capital gains rates rather than ordinary income. My CPA said this approach works best when the PSLs have significant value like yours do at $80k.

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This is exactly the kind of situation where proper planning upfront can save you thousands in taxes and headaches later. One thing I'd add to the excellent advice already given is to consider the timing of when you set up your LLC and start treating this as a business. If you retroactively try to claim business deductions for years when you were just casually selling tickets, that could raise red flags. But going forward, if you formalize the structure and start operating in a businesslike manner, you'll be in much better shape. Also, don't overlook the potential for other revenue streams once you have the LLC set up. Some of my clients have expanded into buying/selling other events' tickets, partnering with other season ticket holders, or even offering ticket management services. The infrastructure you set up for your football tickets can often support additional activities. Just make sure whatever you do, you're genuinely operating with profit motive and keeping detailed records. The IRS hobby loss rules are no joke, especially with high-dollar activities like this.

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This is really helpful advice about the timing aspect! I'm wondering - since I've already been selling tickets for about 3 years, would it be problematic to form an LLC now and start treating it as a business going forward? Or should I be concerned about the IRS questioning why I'm suddenly calling it a business when I wasn't before? Also, you mentioned other revenue streams - I've actually been thinking about helping some friends who have season tickets but don't want to deal with the hassle of selling them. Would that kind of ticket management service fit well within the same LLC structure, or would that create complications?

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I think everyone is overlooking the major issue here - the business OWNS VANS! If you have company vehicles and employees, you should probably be looking at a more formal business setup beyond just home office deductions. Have you considered renting a small commercial space for your business? The tax benefits might actually be better, especially as you grow. When I expanded my pet business beyond just a home office, my accountant showed me that commercial rent was 100% deductible as a business expense, whereas home office has all these complicated calculations and limitations. Plus, with a separate location, I avoided bringing business liability onto my personal property.

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Edwards Hugo

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I've definitely considered it! The challenge is that having the dogs at a separate location would require someone to be there 24/7 for overnight sitting services, which is a big part of my business. Right now, having it at my home means I can care for overnight dogs without additional staffing costs. The vans are primarily for pick-up and drop-off services, and the employees help with walking routes during the day while I manage the sitting at my property. It's kind of a hybrid model. But you make a good point about liability - I've been wondering if I should form an LLC to separate business liability from my personal assets.

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Definitely form that LLC ASAP! With employees, company vehicles, and clients bringing their pets to your property, you're exposed to significant liability risks. An LLC will protect your personal assets if something goes wrong - dog bite, employee injury, vehicle accident, etc. Also, once you have the LLC, you might want to look into the Augusta Rule (Section 280A(g)). If your LLC "rents" your home for business meetings, client consultations, or employee training sessions, you can pay yourself up to 14 days of fair market rental value completely tax-free. This could be more advantageous than the home office deduction in some cases. For your current situation though, yes, that dedicated backyard space absolutely qualifies for the home office deduction as long as you maintain exclusive business use. Just make sure you're calculating based on total property square footage (house + entire yard) and keep meticulous records. The IRS loves to challenge home-based businesses with unusual setups, so documentation is everything.

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Wow, I've never heard of the Augusta Rule before - that sounds like it could be a game changer! Can you explain more about how that would work practically? Like, would I need to document formal "meetings" happening at my home, or could regular client consultations count? And how do you determine fair market rental value for something like this? I'm definitely going to look into the LLC formation too. Do you know if having an LLC would affect how I calculate the home office deduction, or would it work the same way as a sole proprietorship?

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Mei Wong

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Has anyone had success claiming WOTC for long-term unemployment recipients? I'm finding it really hard to get proper documentation proving they've been unemployed for 27+ weeks. What specifically counts as proof?

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I've done it successfully. You need a letter from the state unemployment office showing the benefits history, or if they weren't receiving benefits, you can use a self-attestation form plus any documentation showing they were actively looking for work (job application records, emails with recruiters, etc).

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Mei Wong

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Thanks for the info! I didn't realize self-attestation could be used if they weren't receiving benefits. That makes it a lot easier. I'll check with our state workforce agency about the proper forms.

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Mei Chen

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Just wanted to add some practical advice from someone who's been claiming WOTC for about 3 years now. The biggest mistake I see small business owners make is not asking the right questions during the hiring process. You can't just assume someone qualifies - you need to actually ask potential hires about their veteran status, unemployment history, SNAP benefits, etc. I created a simple questionnaire that I have all candidates fill out that covers the main target groups. It's not invasive, just straightforward questions like "Are you a veteran?" and "Have you been unemployed for 6+ months?" Also, keep really good records! The IRS can audit these credits, so document everything. I keep a file for each WOTC employee with their original application, the 8850 form, certification from the state, and all supporting docs. It's saved me headaches during audits. One more tip - don't forget about the credit for hiring people from rural renewal counties. It's one of the lesser-known target groups but if your area qualifies, it can apply to a lot more potential hires than you'd think.

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This is really helpful practical advice! I'm new to the WOTC process and wondering - when you say you ask about unemployment history during hiring, do you need to be careful about how you phrase those questions? I don't want to accidentally discriminate or violate any employment laws while trying to identify WOTC-eligible candidates. Also, do you have any tips on how to approach the conversation with candidates? I imagine some people might be hesitant to disclose things like SNAP benefits or ex-felon status, even though it could benefit both of us.

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GalaxyGazer

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Great question about the legal aspects! You're absolutely right to be cautious. The key is to frame these questions as optional and explain the benefit. I typically say something like: "We participate in a federal tax credit program that helps us hire from certain groups while providing you with employment opportunities. Would you be willing to share if any of these categories apply to you? This information is completely voluntary and won't affect our hiring decision." For sensitive topics like ex-felon status or benefit receipt, I explain that it's actually advantageous - it can help secure their position because we get a tax incentive for hiring them. Most people are more willing to share when they understand it works in their favor. I also make sure to ask these questions AFTER I've already decided to hire them, during the paperwork phase. That way there's no question about it influencing the hiring decision. The 28-day deadline for filing Form 8850 gives you some wiggle room to have these conversations post-offer.

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How to Maintain a Tax Home Status While Working as a Travel Nurse - IRS Rules

Been spending the last week diving into tax home regulations and I'm a bit overwhelmed with all the specific rules. Just want to make sure we're doing everything right! My husband (works remotely full-time) and I (registered nurse) along with our kids are planning to hit the road while I take travel nursing assignments starting in April 2023. We own our house but still have a mortgage on it. Looking at the three criteria the IRS uses for maintaining a tax home, I'm trying to figure out if this plan works: We'd rent out 3 bedrooms and the main living areas of our home to other traveling nurses coming to our area. These would be short-term rentals (3-4 months each) with some gaps (2-3 weeks) between tenants. We'd keep a bedroom in the basement for ourselves to stay in between assignments. The rental income wouldn't cover our full mortgage ($2700/month) but would offset some costs (hoping for around $1600 in rental income). After about 12-15 months of travel nursing, we plan to move back home permanently. My main questions: - For criteria #1: Since I'll have worked in our home area for the first few months of 2023, does that count as having substantial business in our tax home area for the year? - For criteria #2: Since we're still paying the mortgage, maintaining a room for ourselves, and the house isn't rented 100% of the time, does that satisfy the duplicate expenses requirement? Also wondering about state tax filing. I've read remote workers need to file in their state of residence, but our residences will be temporary due to my nursing contracts. Should we file separately with my husband just filing in our home state? For example, he wouldn't qualify as a California resident, nor would he need to file a return there, but I would. Can we file jointly for federal but separately for state returns? Would his company need to adjust their withholding for different states as we move around? I know rules vary by state, but I want to understand the basic concept.

My husband and I just went through an IRS audit for exactly this situation! Big warning: we ran into trouble because we were renting out too much of our home. The IRS agent cited the "dwelling unit used as a home" rules and said we were treating it more as a rental property than a personal residence. The key is making sure your personal use days exceed the greater of: 14 days or 10% of the total days it's rented. So if you rent portions of your home for 300 days, you need to personally use it for at least 30 days during the year. For duplicate expenses, keep detailed records showing you're paying both housing costs (mortgage/utilities at your tax home AND temporary housing during assignments). The IRS was particularly interested in seeing that we maintained utility services in our name even during rental periods. Also, a lot of travel nurse agencies don't handle state taxes correctly! Double-check their withholding - ours completely missed withholding for two states which created a mess.

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Ethan Davis

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This is why tax rules make no sense! So if they rent out parts of their home for 300 days but are only physically there for say, 25 days, they fail the test? Even though they maintain a portion for themselves year-round? That seems crazy strict.

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Actually, that's a common misunderstanding. The personal use days calculation is tricky for partial rentals. Since they're maintaining a portion of the home for their exclusive use year-round, those days count as personal use days even when they're physically away. So in your example, they'd likely pass the test. What tripped us up was that we rented our ENTIRE home with no space reserved for ourselves, then counted just the days we were physically there as personal use. The IRS ruled that we had effectively converted it to a rental property. Big difference when you maintain a specific portion exclusively for yourself!

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This thread has been incredibly helpful! I'm a travel PT who's been struggling with similar tax home issues. One thing I'd add based on my experience - document EVERYTHING about your intent to return permanently to your tax home. The IRS looks closely at whether you truly intend your travel assignments to be temporary. Keep records showing you're actively planning your return: renewal of professional licenses in your home state, maintaining voter registration, keeping your kids enrolled in local schools if applicable, continuing relationships with local healthcare providers, etc. Also, for the state tax filing complexity you mentioned - I learned the hard way that some states have "convenience of employer" rules that can trip up remote workers. New York is notorious for this. Your husband should definitely check if any of the states you'll be in have these rules, as they might try to tax his entire income even if he's just temporarily there with you. One last tip: consider getting a tax professional who specializes in itinerant workers BEFORE you start traveling. The upfront cost pays for itself when you avoid mistakes that could trigger an audit or penalties later.

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Emma Bianchi

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This is such valuable advice, especially about documenting intent to return! I hadn't thought about the "convenience of employer" rules - that could definitely complicate things for remote workers. Quick question for everyone who's been through this - how important is it to maintain the same bedroom/space in your home throughout the travel period? We were thinking of switching which room we keep for ourselves based on rental demand, but now I'm wondering if that consistency matters to the IRS for proving it's truly our permanent residence? Also, has anyone dealt with property management companies for the rental portion while traveling? I'm worried about losing control over documentation and record-keeping if we use a third party to handle the rentals.

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