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Ask the community...

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Luca Romano

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Jsut a heads up the NY state tax dept is VERY aggressive about claiming people as residents. I know 2 travel nurses who got audited cause they worked more than 183 days in NY but claimed florida as there home. One lost and had to pay like $12k in back taxes plus penalties. Make sure u can prove u have ACTUAL significant expenses in florida not just mail going there. NY will absolutely count the days u spend in the state and if its over 183 theyre gonna come after u.

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Nia Jackson

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New York considers you a statutory resident if you maintain a "permanent place of abode" in NY and spend more than 183 days there. Since you're renting a room in NYC and working consistently in the area, you need to be extremely careful with your day count. I'd recommend consulting with a tax professional who specializes in multi-state taxation specifically for healthcare travelers. New York is notoriously aggressive with residency audits, especially with high-income professionals like travel nurses who claim residency in no-income-tax states like Florida.

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Lucas Adams

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Isabella, your situation is definitely complex and you're right to be concerned! Based on what you've described, there are some red flags that could put you at risk with the IRS. The biggest issue is that you're spending most of your time in the NYC area (sounds like potentially over 183 days) while only visiting Florida briefly between assignments. The IRS looks at where you actually conduct your life and work, not just where your mail goes. To strengthen your Florida tax home claim, you'd need to establish regular, substantial expenses there - not just occasional dinners. Consider: - Setting up a formal rental agreement with your cousin (even $300-400/month with a written lease) - Keeping a vehicle registered/insured in Florida - Maintaining a storage unit for your belongings - Documenting every day you spend in Florida with receipts, photos, etc. Given that your husband is based at LaGuardia and you're consistently working in the NYC area, you might want to seriously consider whether establishing NYC as your official tax home would be simpler and safer in the long run. Yes, you'd lose some tax advantages, but audit protection might be worth it. I'd strongly recommend consulting with a tax professional who specializes in travel healthcare workers before your next filing. The potential penalties from an unsuccessful audit could be substantial.

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This is a really frustrating situation, but you're handling it the right way by documenting everything and filing with the labor board. From a tax perspective, you're actually in a straightforward position - you only need to report the income that's actually shown on your W-2 for 2024, regardless of what you should have been paid. One thing I'd add to the great advice already given: make sure to keep copies of ALL your documentation (timesheets, pay stubs, communications with your employer) in multiple places - digital copies, physical copies, maybe even email them to yourself. If this drags out or if your employer tries to retaliate, having bulletproof documentation will be crucial. Also, don't let your employer intimidate you about this. What they're doing is wage theft, plain and simple, and it's illegal in every state. The fact that they're claiming it's for "break times" or that you were "rounding up" when you have documentation proving otherwise shows they know they're in the wrong. Stay strong and keep fighting for what you're owed!

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Evelyn Xu

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This is such solid advice, especially about keeping multiple copies of documentation. I learned this the hard way when dealing with a similar situation - my employer "mysteriously" lost their copies of my timesheets when I started asking questions. Having digital backups saved me. One thing I'd add: if you have any text messages or emails where your manager discusses the hour changes (even if they're trying to justify it), screenshot those immediately. Employers sometimes delete digital communications once they realize there might be legal issues. Also, if you have coworkers who witnessed the time manipulation or experienced it themselves, get their contact info now in case you need witness statements later. You're absolutely doing the right thing by not backing down. Wage theft affects way more workers than people realize, and employers often count on people being too intimidated to fight back.

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I went through something very similar with a previous employer who was consistently "adjusting" my hours downward. One additional thing to consider - if your employer has been doing this systematically, they may also owe you interest or penalties on the unpaid wages, depending on your state's laws. When you file your complaint with the labor board, ask specifically about penalty wages (sometimes called "waiting time penalties") that might apply if your employer willfully withheld wages. In some states, employers can be required to pay additional compensation equal to your daily wage for each day the wages remain unpaid, up to a certain maximum. Also, keep an eye on your next few paychecks to make sure your employer doesn't retaliate by further manipulating your hours or suddenly finding reasons to reduce your shifts. Document everything going forward too - retaliation for filing wage complaints is illegal and can strengthen your case significantly. The tax advice others have given is spot on - just report what's on your W-2 this year, and any settlement will be taxable when you actually receive it. But don't let the potential tax implications discourage you from pursuing what you're rightfully owed. $1,718 is nothing to sneeze at!

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Weighing Section 179 vs bonus depreciation vs standard deduction for business vehicle - need help deciding

I'm a freelance consultant who purchased an SUV (under 6,000 lbs) in late December 2023. I literally only used it for business twice before year-end - once driving home from the dealership (6 miles) and once to a client meeting (7 miles). That put me just over 50% business use for 2023, but I know my business usage is gonna drop below 50% for 2024. I'm trying to figure out the smartest tax move here. TurboTax shows I could take either Section 179 or bonus depreciation deduction this year (about $14,200 deduction which would save me approximately $3,100 in federal taxes). But I'm worried about depreciation recapture next year when my business use drops. Should I just claim the standard mileage rate for 2023 (basically nothing since I barely drove it) to avoid dealing with recapture taxes in 2024? Seems like I'm just borrowing from myself - save $3,100 this year but pay it back next year due to recapture. For anyone good with numbers: The SUV cost $40,300. I believe straight-line depreciation would be around $4,030 per year over five years. But some depreciation calculators showed first year (just those two trips on 12/29/2023) would only be about $200, and then $4,835 each year from 2024-2028 (assuming 5-year value is 40% less = $16,120). So would recaptured depreciation be $14,200 minus $4,030 = $10,170? Or would it be $14,200 minus $200 = $14,000? Then do I multiply either $10,170 or $14,000 by my tax rate (24%) to figure my additional 2024 tax burden? That gives me either $2,441 or $3,360 in extra taxes next year, which is close to what I'd save this year. Really appreciate any help sorting this out! Also, TurboTax seems to default to Section 179 vs bonus depreciation - not sure if that matters knowing my business use is dropping below 50%.

Ravi Kapoor

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Based on your situation, I'd strongly recommend considering bonus depreciation over Section 179 given that your business use is dropping to around 30% next year. Here's why: With Section 179, when your business use drops below 50%, you'll face recapture on the ENTIRE excess depreciation taken above what normal depreciation would have been. So you'd potentially recapture close to that full $14,000 amount. With bonus depreciation, the recapture is proportional to your business use reduction. If you go from 51% to 30% business use, you'd only recapture based on that 21 percentage point reduction, not the entire deduction. Given your specific numbers and the fact that you barely used the vehicle for business in 2023, here's what I'd consider: 1. **Bonus depreciation** - Better than Section 179 for your situation 2. **Partial bonus depreciation** - Maybe only take 30-40% of the allowable deduction now to minimize future recapture 3. **Standard mileage** - Simplest option, minimal 2023 deduction but no recapture headaches The standard mileage route might actually be smartest here since you had such minimal business use. You'd get about $8.50 deduction for 2023 (13 miles Ɨ $0.655) but avoid all the complexity and recapture risk. Sometimes the simplest path is the best one, especially when the "benefit" is really just borrowing from future tax years.

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Sean Murphy

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This is excellent analysis! I'm leaning heavily toward the standard mileage option after reading everyone's comments. That $8.50 deduction for 2023 sounds pathetic compared to $14,200, but avoiding the recapture complexity seems worth it given my minimal business use. One quick question though - if I go with standard mileage for 2023, am I locked into that method for the life of the vehicle? Or could I switch to actual expenses in future years if my business use increases significantly? I know there are some restrictions about switching methods, but I'm not clear on the specifics. Also, @fa9c4b54bd03, your point about partial bonus depreciation is intriguing. Could you elaborate on how that would work practically? Like, if bonus depreciation allows 100% first-year deduction, could I elect to only take 30% of that amount to better match my expected future business use?

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Lucy Lam

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Great questions! Regarding switching methods - once you choose standard mileage in the first year you place the vehicle in service, you can switch to actual expenses in later years. However, if you start with actual expenses (including depreciation), you're generally locked into that method for the life of the vehicle. So starting with standard mileage gives you more flexibility. For partial bonus depreciation, yes, you can elect to take less than the full 100% bonus depreciation allowed. You'd make this election on Form 4562 by specifying the percentage you want to claim. So if 100% bonus depreciation would be $14,200, you could elect to take only 30% ($4,260) or any other percentage you choose. This creates a middle ground that might better align with your expected future business use patterns. Given your situation, I'm actually agreeing more with the standard mileage approach. It keeps your options open and avoids the complexity entirely. You could always reassess in future years if your business use patterns change significantly.

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Ethan Wilson

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This is such a helpful thread! I'm dealing with a similar situation with my consulting business vehicle. One thing I'd add is that you might want to consider your overall tax planning strategy for both years, not just the vehicle depreciation in isolation. If you expect your income to be significantly different between 2023 and 2024, that could influence the decision. For example, if you're having an unusually high income year in 2023 due to a large project, taking the larger deduction now (even knowing you'll face recapture) might make sense if it pushes you into a lower tax bracket or helps with other income-based thresholds. Also, don't forget about state tax implications - some states handle depreciation recapture differently than federal, so the timing decision might have different impacts depending on where you're located. That said, given your minimal 2023 business use, the standard mileage approach really does seem like the cleanest solution. Sometimes avoiding complexity is worth more than maximizing every possible deduction, especially when you're essentially just shifting the tax burden between years rather than actually saving money.

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Nia Harris

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This is exactly the kind of holistic thinking that's needed for this decision! You're absolutely right about considering the bigger tax picture, not just the vehicle depreciation in isolation. The state tax angle is particularly important and often overlooked. Some states don't conform to federal bonus depreciation rules, so you could end up with different depreciation schedules for state vs federal purposes, creating even more complexity. Given all the discussion here, I'm convinced that for @618db9ad3f82's situation with such minimal 2023 business use, standard mileage is the smart play. That $8.50 deduction might feel tiny compared to $14,200, but avoiding the recapture maze and keeping future flexibility seems invaluable. Plus, if business use increases significantly in future years, there's always the option to switch to actual expenses then. Sometimes the best tax strategy is the one that lets you sleep well at night without worrying about complex recapture calculations!

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Has anyone looked into the IRA Qualified Charitable Distribution option? If you're over 70.5 years old, you can donate directly from your IRA to a charity and it counts toward your Required Minimum Distribution without increasing your taxable income. You don't itemize it because it's never counted as income in the first place. Might be something to consider for older taxpayers facing this issue.

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Mason Davis

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That's a really helpful suggestion, but unfortunately not applicable in my case yet - I'm only 42. But definitely something to keep in mind for the future or for others reading who might be in that age bracket!

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Ruby Blake

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I completely understand your frustration! I was in almost the exact same situation last year with about $7,200 in charitable donations but only $23,500 total itemized deductions. After researching extensively, I can confirm what others have said - those charitable deductions are essentially "lost" for tax purposes if you take the standard deduction. There's no carryforward provision unless you exceed 60% of your AGI (which at $380k would be $228k in donations - way more than your $8,500). However, I did learn about the "bunching" strategy that's been mentioned. Instead of donating $8,500 every year, you could potentially donate $17,000-20,000 in alternating years. This way you'd itemize every other year (assuming your other deductions stay consistent) and take the standard deduction in the off years. With your income level, you might also want to consider donating appreciated stock or mutual funds instead of cash if you have any. You avoid capital gains tax AND get the full market value deduction. Just make sure you've held the securities for more than a year to get long-term capital gains treatment. The Donor Advised Fund suggestion is also worth exploring - it lets you make a large contribution in one year for the tax benefit, then distribute to charities over multiple years as you see fit.

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Zoe Stavros

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This is such a comprehensive summary of all the strategies discussed - thank you! As someone just starting to navigate this charitable deduction maze, the bunching approach you mentioned really makes sense mathematically. One follow-up question: when you bunch donations in alternating years, do you actually time the donations themselves or just accelerate payments? For example, if I normally donate monthly to certain organizations, would I literally skip a year of donations and then double up the following year? Or could I continue regular giving but prepay next year's donations in December to bunch them into the current tax year? I'm wondering about the practical logistics since some of my donations are recurring monthly commitments to local nonprofits that rely on steady funding.

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Another option: you can actually get your wage and income transcript directly from the IRS website which will show any 1099s filed for you. Go to IRS.gov and search for "Get Transcript Online." If nothing shows up for that company, they probably haven't filed it yet. Also, keep in mind you're supposed to get your 1099s by January 31st. If companies don't comply, they can face penalties. The IRS actually takes this seriously because they want the tax revenue from contractors.

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Thanks for this tip! I just checked the IRS transcript and you're right - nothing from this company shows up at all. Looks like they haven't filed anything. Does this mean I'm definitely going to have issues with my return?

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No, you won't necessarily have issues with your return. The fact that nothing shows up actually supports your case - it shows the company hasn't fulfilled their obligation. Just report the income accurately based on your bank records. If they file late and there's a discrepancy, the IRS will more likely question the company than you, especially if your reported amount is higher than what eventually gets reported. The key is documentation - keep those bank statements and records of your attempts to contact them.

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Liam Mendez

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Had this same problem last year. What I did was file Form 8919 "Uncollected Social Security and Medicare Tax on Wages" along with my return. This is for when you were treated as an independent contractor but should actually have been an employee. The benefit is you only pay the employee portion of FICA taxes (7.65%) instead of the full self-employment tax (15.3%). Check out the criteria on the form - if you were essentially working like an employee (they controlled your schedule, provided equipment, etc.), this might apply to you and save you some money.

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This is interesting but also sounds risky. Couldn't this trigger an audit if you're claiming the company misclassified you?

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Pedro Sawyer

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It can potentially trigger scrutiny, but if you legitimately meet the criteria for employee classification, it's completely legal and proper to file Form 8919. The IRS actually wants to identify misclassification because employers owe their share of FICA taxes too. The key is being honest about the working relationship - if they set your hours, told you how to do the work, provided tools/equipment, and you worked primarily for them rather than having multiple clients, you might have a case. But if you truly worked independently, stick with reporting it as contractor income on Schedule C. @Liam Mendez - did the IRS follow up with you or the company after you filed Form 8919?

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