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Ask the community...

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Diego Chavez

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I just wanna point out something nobody's mentioned - with Section 179 you can pick and choose which assets to apply it to, but with the de minimis safe harbor, once you make that election it applies to ALL qualifying expenditures under $2,500. This actually burned me one year when I would've preferred to depreciate some items normally but was forced to expense them all because of the safe harbor election.

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I don't think that's right? I'm pretty sure you can choose which assets to apply the de minimis safe harbor to, just like with Section 179. My accountant definitely picked and chose last year.

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Omar Fawaz

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@Diego Chavez I think @Anastasia Smirnova might be right here. My understanding is that the de minimis safe harbor election allows you to expense qualifying items, but it doesn t force'you to expense ALL items under $2,500. You still have the choice of whether to capitalize and depreciate specific assets normally, even with the election in place. The election just gives you the option to immediately expense items that meet the criteria when you choose to do so. Could you clarify what situation caused you to be forced to "expense" everything? I m trying'to make sure I understand this correctly for my own planning.

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Great discussion everyone! As someone who's been through this exact decision process, I wanted to add a few practical considerations that might help others: The key advantage of the de minimis safe harbor isn't just avoiding recapture - it's also simplicity in record-keeping. With Section 179, you need to track business use percentage annually throughout the entire recovery period (usually 5-7 years depending on the asset). With the safe harbor, once it's expensed, you're done tracking. However, there's a timing consideration people often miss: if you're in a lower tax bracket this year but expect higher income next year, you might actually want to depreciate normally rather than take the immediate deduction. The safe harbor forces you to take the full deduction in year one. For the original poster's situation with the laptop and furniture totaling under $4,100, I'd lean toward the safe harbor given the flexibility concerns you mentioned. Just make sure you have that written accounting policy in place before filing - it really can be simple, but it needs to exist and be dated within the tax year. One last tip: if you're unsure about future business use, the safe harbor is definitely the safer choice. Better to get the deduction upfront without recapture risk than potentially owe money back to the IRS later.

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This is exactly the kind of practical breakdown I was looking for! The record-keeping simplification alone makes the safe harbor attractive for my situation. I hadn't considered the timing aspect with tax brackets though - that's a good point. Since I'm expecting my consulting business to grow significantly next year, I should probably run some numbers to see if deferring the deduction might actually be beneficial. One question on the written policy requirement - does it need to be signed or notarized, or literally just a dated document that says "we expense items under $2,500"? I want to make sure I don't mess up something that seems straightforward but has hidden requirements.

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One crucial thing that hasn't been mentioned - check your tax transcript! You can get this free online at the IRS website. Look for Transaction Code 971 with "Bankruptcy Discharge" noted. If that code appears for the tax years in question, print multiple copies as evidence. If it doesn't appear, that might be the root of your problem - the IRS system may not have properly recorded your discharge. Also, under bankruptcy law, the IRS can audit/review/assess taxes for previously unfiled returns even after discharge. Make sure you're not dealing with a different tax year or unfiled return that wasn't included in the original bankruptcy.

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Andre Dubois

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That's really helpful. I just checked our transcripts online and I do see code 971 with "Bankruptcy Discharge" for the tax years we included in our filing. So their system does show it was discharged, yet they're still trying to collect. This makes the levy notice even more confusing!

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This confirms that you have a strong case! The fact that their own system shows the discharge means you're dealing with a disconnect between their main records and their collection department. When you file your Collection Due Process request (Form 12153), include printouts of these transcripts showing the 971 code. Also specifically request in writing that your case be reviewed by the Insolvency Unit, not just the general Appeals office. This is the department that specializes in bankruptcy cases and will immediately recognize the error when they see the transcript with the discharge code alongside your levy notice.

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The IRS bankruptcy procedures are so messed up. I work in an accounting office and see this more than you'd think. Here's what usually happens: 1. Bankruptcy gets discharged properly 2. IRS central records note the discharge correctly (code 971) 3. But the collection system operates semi-independently 4. During system updates/migrations, the collection flags sometimes get dropped 5. Automated collection systems start up again even though central records show the discharge This isn't legal, but it happens due to their antiquated computer systems. The fastest resolution is usually getting someone from the Insolvency Unit to manually re-flag your account as discharged in both systems.

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Dylan Cooper

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Is there any way to prevent this from happening? My bankruptcy was just discharged last month and included some IRS debt. Now I'm worried this will happen to me in a few years!

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Unfortunately there's no foolproof way to prevent it, but you can take some proactive steps. First, keep detailed records of your bankruptcy discharge paperwork and store copies in multiple places. Second, check your IRS tax transcripts annually online to make sure the 971 codes are still showing for your discharged years. If you notice the discharge codes disappear from your transcripts, contact the Insolvency Unit immediately before any collection notices start. Also, if you move addresses, make sure to file Form 8822 with the IRS so they have your current contact information - sometimes people miss early warning letters because they moved and the IRS doesn't have updated addresses. The key is catching it early before it gets to the levy stage. Most of these system glitches can be fixed quickly if you catch them when they happen rather than waiting until collection enforcement begins.

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Zara Rashid

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Hey has anyone used TurboTax to report royalty income from a 1099-MISC? I'm wondering if the software walks you through where to put this or if I need to know which forms/schedules to use ahead of time?

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Luca Romano

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I used TurboTax last year for my music royalties. It definitely asks about 1099-MISC income and guides you through the process. It'll ask questions to determine if it should go on Schedule C or Schedule E based on your situation. Just make sure you're using at least the Deluxe version - the free one doesn't support these forms.

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I went through this exact situation with my first book royalties last year! What really helped me was understanding that the IRS looks at whether writing is an active business for you or more of a passive activity. Since you self-published and are actively involved in the process, you have options. One thing to consider: if you plan to continue writing and publishing, treating this as a business (Schedule C) might be worth the self-employment tax because you can deduct a lot more expenses - not just the direct costs like editing and cover design, but also a portion of your home office, computer equipment, research materials, even attending writing conferences. However, if this was more of a one-time project and you're not actively pursuing writing as an ongoing business, Schedule E for royalties might be simpler and avoid the extra SE tax. The key is being consistent with how you treat it going forward. Keep good records either way - the IRS likes to see that you're treating it seriously if you claim it's a business.

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NebulaNomad

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This is really helpful insight! I'm actually planning to write more books - I have two more manuscripts in progress and am treating this as a serious business venture. Based on what you're saying, it sounds like Schedule C might be the way to go even with the self-employment tax, especially since I could deduct my home office setup, writing software subscriptions, and the marketing courses I've been taking. Do you know if there's a minimum income threshold where Schedule C becomes more advantageous than Schedule E, or is it really just about whether you're actively pursuing it as a business?

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Ryan Young

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Just wanna mention - my ex and I alternated years claiming our kid when we were dealing with student loans and MFS. So one year she'd claim the kid, next year I would. Our tax guy said this was totally fine as long as we both agreed and it helped maximize our refunds over time. Maybe that's something to think about for future years?

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Sophia Clark

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That doesn't work for married couples still living together. The IRS has specific tiebreaker rules, and alternating years is only really an option for divorced or separated parents with custody agreements.

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Lilly Curtis

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Based on your situation, you should almost certainly claim your child on your return rather than your wife claiming him. Here's why: With your income at $16,000 and your wife's at $105,000, you're in a much better position to benefit from the Child Tax Credit. For married filing separately, the Child Tax Credit begins phasing out at $75,000 of adjusted gross income, so your wife would still get the full credit, but you're so far below that threshold that you'd definitely get the maximum benefit. More importantly, with your very low income, you might also qualify for the Additional Child Tax Credit (the refundable portion), which could give you money back even if you don't owe any taxes. This is huge when your income is this low. Also consider that you took unpaid leave specifically to care for your child - this strengthens your position as the primary caregiver from the IRS perspective, which matters for the dependency claim. I'd strongly recommend using tax software to run both scenarios (you claiming vs. your wife claiming) to see the actual dollar difference, but in most cases with this large of an income gap, the lower-income spouse claiming the child results in significantly better overall tax benefits for the household.

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This is a really complex area of tax law that I've dealt with professionally. One thing I haven't seen mentioned yet is the importance of determining whether this is a "bonus" split dollar arrangement or a "split premium" arrangement - the tax treatment can be significantly different. Also, don't overlook the potential for installment treatment of the transfer. Sometimes these policy transfers can be structured over multiple years to minimize the tax impact in any single year, especially if the cash surrender value is substantial. I'd strongly recommend getting copies of all the Form 1099s or W-2 entries related to the economic benefit reporting over the years. These will be crucial for calculating her actual tax basis in the policy. The employer should have detailed records of these amounts. One more thing to consider - if this is a significant amount, it might push your mother into a higher tax bracket in the year of transfer. You might want to explore whether the transfer can be timed strategically (early in the year vs. late) or structured differently to optimize the tax outcome.

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Lily Young

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This is exactly the kind of detailed guidance I was hoping to find! The distinction between "bonus" and "split premium" arrangements is something I hadn't come across in my research. Could you explain briefly what the key differences are in tax treatment between these two types? Also, regarding the installment treatment option - is this something that needs to be negotiated with the employer before retirement, or can it potentially be structured at the time of transfer? My mom's retirement is still a few months away, so there might be time to explore different structuring options if that could help minimize the tax impact. The timing consideration is really important too. Her other retirement income will start in January, so if the policy transfer happens late in the current tax year versus early next year, it could make a significant difference in her overall tax situation.

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Great question about the bonus vs. split premium distinction! In a "bonus" arrangement, the employer pays the full premium and reports the economic benefit as taxable income to the employee each year. In a "split premium" arrangement, the employee actually pays part of the premium (usually the term cost portion) directly, which creates immediate basis. Regarding installment treatment, this definitely needs to be negotiated with the employer before the transfer occurs. The employer would need to agree to transfer the policy in stages or structure it as a series of partial transfers over multiple tax years. Since your mom still has a few months, I'd recommend discussing this option with both the employer and a tax advisor. The timing is crucial - if she's going to have significant other retirement income starting in January, completing the transfer in the current tax year might be better to avoid stacking all the income in the same year. However, this depends on her specific tax situation and marginal rates. A tax projection comparing both scenarios would be very helpful for making this decision.

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I've been following this discussion with great interest as my spouse and I are facing a very similar situation with her employer's split dollar policy. One aspect that hasn't been fully addressed is the potential impact on Medicare premiums down the road. If your mother is approaching Medicare eligibility (or already enrolled), a large taxable income spike from the policy transfer could trigger IRMAA (Income-Related Monthly Adjustment Amount) surcharges on her Medicare Part B and Part D premiums. These surcharges are based on modified adjusted gross income from two years prior, so a big income hit in 2025 would affect her Medicare premiums in 2027-2028. This is another reason why the installment treatment option mentioned by Cameron Black could be really valuable - spreading the taxable income over multiple years might help avoid or minimize these Medicare surcharge thresholds. The income thresholds for IRMAA change annually, but they can add hundreds of dollars per month to Medicare premiums for higher-income retirees. Just something else to factor into the timing and structuring decisions. Medicare planning often gets overlooked in these types of retirement benefit transfers, but it can have a significant long-term financial impact.

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This is such an important point about Medicare IRMAA that I hadn't considered! My mom is 63, so she'll be enrolling in Medicare in a couple of years, and a large income spike from the policy transfer could definitely trigger those surcharges down the road. I looked up the current IRMAA thresholds and they start at around $103,000 for individuals, with multiple tiers going up from there. If the policy transfer adds a significant amount to her AGI, it could easily push her into a higher IRMAA bracket for those future years. This really reinforces the importance of exploring the installment treatment option that was mentioned earlier. Even if it means slightly more complexity in the transfer process, spreading the taxable income over 2-3 years could potentially save thousands in Medicare premiums later on. Do you know if there are any other "look-back" tax consequences like IRMAA that we should be considering? It seems like these types of retirement income spikes can have ripple effects that extend well beyond the immediate tax year.

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