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I was confused by the same thing last year! Just wanted to add that the reason this is all so confusing is that the $5,000 FSA limit hasn't been updated in decades while childcare costs have skyrocketed. It's ridiculous that the tax code hasn't kept up with real costs. For my family, even using both the FSA and the tax credit, we only get tax relief on about a third of what we actually spend on childcare. I wish they'd update these limits to reflect what childcare actually costs in 2025!

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100% agree. We pay $24,000 a year for one child in daycare in the city, and the $5,000 FSA limit is just insulting. It hasn't been raised since 1986! Even with the additional $1,000 you can get from the tax credit, it barely makes a dent.

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This is such a helpful discussion! I'm in a similar boat but with slightly different numbers. I have one child and spent $8,000 on daycare last year. I put the full $5,000 into my dependent care FSA, so I have $3,000 in remaining expenses. From what I'm understanding here, since I only have one qualifying child, my maximum eligible expenses for the Child and Dependent Care Credit would be $3,000. But I need to subtract my $5,000 FSA contribution from that $3,000 limit... which would give me a negative number? Does this mean I can't claim ANY additional expenses for the tax credit since my FSA already exceeded the $3,000 single-child limit? Or am I misunderstanding how this works?

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You're understanding it correctly, unfortunately. Since you only have one qualifying child, your maximum eligible expenses for the Child and Dependent Care Credit is $3,000. Since you already used $5,000 through your FSA (which exceeded the $3,000 single-child limit), you can't claim any additional expenses for the tax credit. The FSA benefit is still valuable though - that $5,000 reduced your taxable income, which likely saved you more in taxes than the credit would have provided anyway. The credit is calculated as a percentage of eligible expenses (20-35% depending on income), so even if you could claim $3,000, you'd only get back $600-$1,050. The FSA probably saved you more than that in reduced income taxes. It's definitely frustrating how the limits work, especially when childcare costs so much more than these outdated caps!

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Sean Doyle

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Another trucker here - just to add a real example: I bought my Peterbilt for $175,000 last year. My CPA took Section 179 deduction for the full amount on last year's taxes. This year I'm only deducting the INTEREST portion of my loan payments which is about $12,000 for the year. If I deducted the full loan payments (around $36,000/year including principal), that would definitely be double dipping since I already deducted the truck's value through depreciation.

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Zara Rashid

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So wait, if you use Section 179 to deduct the whole purchase price in year 1, do you get any deduction for the truck in year 2 besides the interest? Like does depreciation still continue or is it all used up?

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Sean Doyle

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Once you've used Section 179 to deduct the full purchase price, there's nothing left to depreciate in future years. The only deduction related to the truck financing you can take in following years is the interest portion of your loan payments. You'll still have other truck-related deductions though - maintenance, repairs, fuel, insurance, etc. These are separate operating expenses that you can deduct each year regardless of depreciation.

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Luca Romano

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I'm an owner-operator and just wanted to add that this confusion is super common. Like half the guys at my terminal are doing their taxes wrong. Remember: - The TRUCK (asset) = depreciable - The INTEREST on loan = deductible expense - The PRINCIPAL on loan = NOT deductible (that's what depreciation covers) - REPAIRS/MAINTENANCE = always deductible The IRS isn't dumb - they know what a loan payment includes and they'll catch double-dipping eventually!

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Nia Jackson

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What tax software do you use that correctly separates these things? I'm using TurboTax Self-Employed and it doesn't seem very clear about how to handle my truck loan vs depreciation.

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I've been using FreeTaxUSA for my owner-operator business and it handles truck depreciation pretty well. When you enter your truck purchase, it walks you through Section 179 vs regular depreciation options. For the loan, you have to manually separate the interest from principal using your loan statements, but it's not too complicated once you understand what you're doing. The key is keeping good records of your loan statements so you can pull out just the interest portion each month. Most loan servicers will send you a year-end statement that breaks down total interest paid vs principal, which makes tax time much easier.

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Carmen, I went through something very similar when my daughter moved to the UK with her mother two years ago. Here's what I learned from my experience and research: You can likely claim your kids as dependents since they're US citizens and you're providing over half their support with those $1,650 monthly payments. The key is documenting everything - keep those bank transfer records, tuition payments, and any other support you provide. For the Child Tax Credit, it's more restrictive. The IRS typically requires children to live with you in the US for more than half the year. Since your kids moved to Spain permanently (not temporarily), you probably won't qualify for the full CTC. However, you might still be eligible for other credits or deductions. One important thing to check: make sure your ex isn't also claiming them as dependents on her US return if she's still required to file here. That would create a conflict. Also, since you mentioned she moved to Spain, look into whether the US-Spain tax treaty affects your situation - it has specific provisions about dependent claims in cross-border situations. Given the complexity and the potential tax savings involved, I'd honestly recommend getting a consultation with a tax professional who specializes in international situations. The peace of mind and potential refund increase would likely cover the consultation cost, especially with $1,650/month in support payments at stake.

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@Carmen Sanchez This is really helpful advice! I m'curious about one thing though - when you mention the US-Spain tax treaty having specific "provisions about dependent claims in cross-border situations, do" you know if there s'a particular section or article number to look at? I ve'been trying to navigate these treaty documents but they re'pretty dense and technical. Also, regarding the consultation with an international tax professional - any tips on finding someone qualified? I ve'called a few local CPAs but most seem to shy away from international cases or want to charge consultation fees upfront just to determine if they can even help. The documentation point is so important too. I ve'been keeping my bank transfer records but didn t'think about getting formal documentation of other expenses. Should I be asking my ex to provide receipts for things like housing, food, medical expenses to help calculate the total support amount?

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CosmicCaptain

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Carmen, I've been following this thread and there's some excellent advice here. I want to add a practical perspective as someone who went through IRS scrutiny on a foreign dependent situation. The key thing that saved me during my audit was having a comprehensive support calculation worksheet. You'll want to document not just what you pay, but estimate the total cost of supporting each child for the year. This includes housing (their portion of rent/utilities in Spain), food, clothing, medical expenses, education, transportation - everything. Then you show that your $1,650/month ($19,800/year) plus direct tuition payments represent more than 50% of that total. The IRS agent actually appreciated that I had done this math upfront rather than just pointing to my bank transfers. One thing I haven't seen mentioned yet - if your kids visit you in the US during the year, document those stays too. While it probably won't change the Child Tax Credit eligibility since they're permanent residents of Spain, it does help establish the ongoing parent-child relationship for dependency purposes. Also, make sure you have their current Spanish address documented. The IRS sometimes wants to verify where dependents actually live, especially in international cases. Having utility bills or school enrollment documents with their Spanish address can be helpful if questioned. The investment in getting this right is definitely worth it - between the dependency exemption and any partial credits you might qualify for, you're looking at potentially significant tax savings.

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Tax preparer didn't claim my Lifetime Learning Credit - how to file amended return for education credit?

I'm kicking myself for not catching this sooner. For my 2022 tax return, my tax preparer completely forgot to claim my education credit (Lifetime Learning Credit) even though I provided all the documentation. When I realized the mistake, I contacted her about filing an amended return, but she gave me attitude and flat-out refused to help. Super professional, right? After running the numbers through a couple different tax software programs, I discovered I paid around $550 that I shouldn't have. I paid the full amount because I didn't want to deal with interest or penalties, but now I want that money back! Here's what my situation looks like: - AGI: $28,500 (W2 plus some unemployment) - Total tax: $1,350 - Federal income tax withheld: $780 - Amount I paid: $570 When I enter my 1098-T information: - Box 1 (payments for qualified tuition): $6,200 - Box 5 (scholarships/grants): $2,100 - I was at least a half-time student According to both tax programs, I qualify for the Lifetime Learning Credit (LLC) of about $820, which would have given me a refund of $250 instead of owing $570. I already used my American Opportunity Tax Credit (AOTC) during my first four years of college. Can someone walk me through how to file an amended return for 2022 to claim my education credit? What specific forms do I need? I've never done this before and I'm pretty annoyed that I'm having to fix someone else's mistake.

Oliver Cheng

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Has anyone here successfully e-filed an amended return for education credits? I know the IRS started allowing e-filing for Form 1040-X a few years ago, but I've heard mixed things about whether it works for all situations.

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Taylor To

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I e-filed an amended return through TurboTax last year to claim missed education credits. It worked fine but there are limitations. You can only e-file an amended return if you e-filed your original return through the same tax software. Also, not all tax situations qualify for e-filing amendments. For education credits specifically, I was able to e-file my amendment, but the system warned that some education credit corrections might require paper filing. It depends on what other changes you're making at the same time. Mine was straightforward - just adding the education credit with no other changes, so e-filing worked.

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Oliver Cheng

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That's really helpful, thanks! I originally filed through H&R Block online, so I'll check if they support e-filing my amendment. Would definitely save some time compared to mailing it in. Did processing time seem faster with e-filing compared to paper filing?

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Luca Romano

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I went through this exact same situation last year when my tax preparer missed my education credit! It's so frustrating having to clean up someone else's mistake, especially when you provided all the documentation. Based on your numbers, you definitely qualify for the Lifetime Learning Credit. With $6,200 in qualified expenses minus $2,100 in scholarships/grants, you have $4,100 in eligible expenses. At 20%, that would give you an $820 credit, which matches what you calculated. A few things to keep in mind when filing your 1040-X: - Make sure to check your AGI phase-out limits (for 2022, the LLC phases out between $59,000-$69,000 for single filers, so you're well within the range) - Double-check that you haven't already used 4 years of AOTC, which it sounds like you have - Include a clear explanation in Part III of the 1040-X about why you're amending The whole process took about 14 weeks for me to get my refund, but it was worth it. Don't let your preparer's mistake cost you money that's rightfully yours! You've got this.

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This is really encouraging to hear from someone who went through the same thing! I'm feeling much more confident about tackling this myself now. Quick question - when you mention checking the AGI phase-out limits, is that something I need to calculate separately or will it be automatically factored in when I complete Form 8863? I want to make sure I don't miss any steps that could delay the process even more. Also, did you have any issues with the IRS questioning your amendment since it was originally your preparer's error? I'm worried they might think I'm just trying to claim credits I'm not entitled to.

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ShadowHunter

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One thing nobody's mentioned is that the 1099-C might also include interest that was forgiven, not just principal. Box 3 on the form should show the interest if any was included. This matters because forgiven interest might be treated differently than forgiven principal for tax purposes.

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Actually that's a good point! In some cases, if the interest would have been deductible (like for some business loans), the canceled interest might not be taxable. Always worth checking the breakdown.

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AstroAce

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This is a really tough situation, and I feel for you having to deal with this unexpected tax burden. A few important things to consider: First, you absolutely need to report the 1099-C on your tax return - the IRS has a copy too, so ignoring it isn't an option. However, you may qualify for exclusions that could reduce or eliminate the tax impact. Since you mentioned you're already struggling with bills, definitely look into the insolvency exclusion that others have mentioned. Given that you co-signed in 2019 and your brother lost his job, it sounds like your financial situation may have been difficult when the debt was actually canceled. You'll need to calculate your total assets vs. total debts at the time of cancellation (not now). Regarding your brother - he may or may not have received a 1099-C depending on how the lender handled it. Sometimes they only send it to the primary borrower or co-signer they have the best contact info for. I'd strongly recommend consulting with a tax professional if possible, especially given the amount involved ($12,750). Many offer free consultations and can help you determine if you qualify for any exclusions. Don't let this sit until the last minute - you have options, but you need to explore them properly.

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