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Is this calculation correct? Form 8959 Additional Medicare Tax questions for MFS filing

I'm filing married filing separately with my husband in a community property state because of my student loan situation. We got an extension for 2023 taxes and hired a tax professional since neither of us really understands how to handle Form 8958 (community property allocation). I'm questioning if our tax preparer knows what they're doing either. The first draft they sent us didn't include Form 8959 (Additional Medicare Tax) in either of our returns. When I asked about it, they added the form but nothing changed in our calculations. The current paperwork shows my husband owes $3,200 while I'm getting a refund of $4,700 - partly because I claimed our child and didn't receive any of the economic impact payments for our child in 2023. I also had an extra $25 withheld from each paycheck throughout 2023 after what happened with our 2022 returns. Our preparer claims my husband didn't withhold enough, but I thought Form 8959 was supposed to help balance things out between spouses in our situation. I'm hesitant to trust this preparer after a previous experience in 2022 where a different preparer forgot to have either of us claim our child, forcing us to file an amended return (complete nightmare). This preparer's email signature says "Tax Return Preparer & Insurance Broker" so I'm not sure if they're a CPA or have the right credentials. Any insight would be appreciated! Edit: I mixed up the form numbers in my original post. The form the preparer completed was Form 8958 (not 8959). Sorry for the confusion!

StarGazer101

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I think there's confusion happening with your forms. Form 8958 is for community property allocation (splitting income 50/50), while Form 8959 is for Additional Medicare Tax (which only applies if your income is over $200k single or $125k MFS). The reason you're seeing one person owe and one get a refund is probably because of tax credits and stimulus payments going to just one spouse. That's normal even in community property states. Income splitting doesn't mean credit splitting. Does your tax preparer have an EA (Enrolled Agent) or CPA designation? Those credentials mean they've passed rigorous testing and maintain continuing education requirements. A "Tax Return Preparer" might just have minimal training.

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Keisha Jackson

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Just wanted to add - you can search the IRS website for "Directory of Federal Tax Return Preparers with Credentials and Select Qualifications" to verify credentials. If they're just a PTIN holder with no other credentials, you might want someone more qualified for complicated returns.

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Connor O'Neill

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I went through a very similar situation last year in Texas (also community property state, MFS filing). The key thing to understand is that Form 8958 is absolutely required for your situation - it allocates community income 50/50 between spouses regardless of who actually earned it. The dramatic difference in your tax outcomes (husband owing $3,200 vs your $4,700 refund) is likely correct because while income gets split 50/50, credits and payments don't. Since you claimed your child, you get the full Child Tax Credit on your return only. Same with the stimulus payments - they go entirely to whoever claims the qualifying dependent. Your extra $25 per paycheck withholding throughout 2023 also only benefits your return, not your husband's. So even though your income was properly split via Form 8958, all the credits and extra withholding are concentrated on your return. The red flag for me is that your preparer initially forgot Form 8958 entirely. This form is mandatory for MFS in community property states - there's no option to skip it. I'd definitely verify their credentials on the IRS directory. For complex situations like yours, you really want a CPA or Enrolled Agent with specific community property experience, not just someone with a basic PTIN. You might want to double-check that Form 8958 properly splits your W-2 income 50/50 between both returns, regardless of who earned what.

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Nia Jackson

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This is exactly the explanation I needed! Thank you for breaking down how the income splitting works separately from credits and withholding. It makes so much more sense now why our outcomes are so different even though we're in a community property state. You're right about the red flag with initially forgetting Form 8958 - that should have been automatic for our situation. I'm definitely going to verify their credentials on the IRS directory like you suggested. Do you happen to know if there's a way to double-check that they allocated our W-2 income correctly on Form 8958? I want to make sure they actually split it 50/50 rather than just assigning income to whoever earned it. Also, when you say "complex situations," what other scenarios would require finding a specialist beyond just the community property MFS filing?

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Keisha Robinson

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This thread has been incredibly helpful! I'm in a similar situation with some Apple shares I've held since 2012. Based on all the advice here, I'm planning to donate about $25,000 worth directly to my church rather than selling first. One question I haven't seen addressed: if I'm planning multiple charitable donations this year (both cash and stock), should I bunch all my giving into one year to exceed the standard deduction threshold, or spread it out? My wife and I typically donate about $8,000 annually in cash, but with the stock donation we'd be at over $33,000 this year. Also, has anyone dealt with a situation where you want to donate to multiple charities but some can accept stocks and others can't? I'm wondering if it makes sense to use a donor-advised fund for everything or just for the organizations that can't handle direct stock transfers.

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Marcus Marsh

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Great questions! For the bunching strategy, with a $33,000 total charitable giving year, you'd definitely exceed the standard deduction ($27,700 for married filing jointly in 2023), so bunching could make sense. You might consider alternating years - do the big stock donation plus your regular cash giving in one year to itemize, then just take the standard deduction in off years when you give less. This maximizes your overall tax benefit. Regarding multiple charities, a donor-advised fund might be perfect for your situation! You could transfer all your Apple shares to the DAF in one transaction (getting the full deduction this year), then distribute grants to all your preferred charities - both those that can and can't handle stock transfers. The DAF handles all the administrative work, and you maintain flexibility about timing future grants. Many DAFs also offer online platforms where you can research and donate to thousands of qualified charities easily. Just remember that once money goes into a DAF, it's irrevocably committed to charity (though you control the timing and recipients of grants).

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StarStrider

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This is such valuable information! As someone new to stock donations, I'm wondering about the mechanics of actually selecting which specific shares to donate when you have multiple purchase dates. For example, if I bought SPY shares in 2010, 2015, and 2020, and I want to donate $10,000 worth, how do I ensure I'm donating the shares with the lowest cost basis to maximize the tax benefit? Also, does anyone know if there are any restrictions on donating shares that are part of a dividend reinvestment plan (DRIP)? I have some utility stocks where I've been automatically reinvesting dividends for years, so I have dozens of tiny purchase lots at different prices. Would this complicate the donation process, or can I still select the most advantageous shares to transfer? Finally, I'm curious about the timing of when to get the stock appraised for fair market value. Do I need to get a formal appraisal before initiating the transfer, or is using the average high/low price on the transfer date sufficient for tax purposes?

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Chloe Delgado

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As a military family going through PCS, I'd strongly recommend checking the Treasury Offset Program immediately at 800-304-3107 rather than waiting. Military moves have tight timelines and you need to know exactly what funds you'll have available. Also, since you mentioned you're military, be aware that the Servicemembers Civil Relief Act (SCRA) provides some protections against certain types of debt collection, though it doesn't prevent all offsets. Your base legal assistance office can clarify which debts might still be subject to offset even with SCRA protections. Better to know now than discover a surprise offset when you need those funds for your move!

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Liam Brown

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This is really helpful advice about SCRA protections! I had no idea that military members might have different rules for certain types of offsets. Since you're PCSing soon, you might also want to check with your finance office - they sometimes have resources or contacts that can help expedite getting answers about your refund status. The last thing you want during a military move is financial surprises when you're already dealing with all the logistics of relocating your family. Definitely call that Treasury number ASAP rather than wondering!

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Fidel Carson

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Hey Ravi! As a fellow military family who went through this exact situation during our last PCS, I can confirm what others have said - SBTPG absolutely will NOT show offset information. They only receive and process whatever the IRS sends them AFTER any offsets are deducted. Since you're PCSing next month, here's what I wish someone had told me: Call the Treasury Offset Program at 800-304-3107 RIGHT NOW, don't wait. Have your SSN ready and they can tell you within minutes if there are any pending offsets against your refund. This saved us from budgeting incorrectly for our move expenses. Also, definitely touch base with your base's financial counselor or legal assistance office about SCRA protections - some types of debt have different rules for active duty members, though not all offsets can be prevented. The key is knowing exactly where you stand financially before your PCS timeline gets too tight. Good luck with the move!

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Gavin King

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This is such solid advice, especially the part about calling Treasury Offset immediately rather than waiting! I made the mistake of assuming my refund was just delayed when it had actually been partially offset for an old student loan. Wasted two weeks constantly checking SBTPG and getting more stressed while trying to finalize apartment deposits for my move. The Treasury folks were actually really helpful once I finally called - they walked me through exactly what happened and even helped me understand the timeline for when I'd receive the offset notice letter. Definitely don't make my mistake of waiting and wondering!

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Liam Sullivan

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Just an FYI - make sure you're keeping detailed records of how much you use the trailer for business vs personal use. The IRS has been cracking down on this lately. I keep a logbook in my trailer and note every use, the purpose, and mileage. Has saved me a couple times when questions came up. Also, take plenty of photos of the trailer being used for business purposes throughout the year. Documentation is your best friend if you ever get audited!

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Great question about the trailer depreciation! I'm also a small business owner and dealt with similar equipment purchases. One thing I'd add to the excellent advice already given - make sure to consider the timing of when you place the trailer "in service" for your business. The IRS requires that you actually start using the asset for business purposes before you can claim any depreciation. So if you bought it in December 2024 but didn't start using it for landscaping jobs until January 2025, you'd need to wait until your 2025 tax return to start claiming the depreciation. Also, since you mentioned this is your first major equipment purchase, you might want to look into whether you qualify for the small business exemption from certain record-keeping requirements. If your business gross receipts are under $27 million (which sounds likely for a landscaping operation), you have some flexibility in how you account for these purchases. The 60% bonus depreciation for 2024 that Aisha mentioned is spot-on, but don't forget you can also elect out of bonus depreciation if regular MACRS gives you better tax planning benefits spread over multiple years.

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GalaxyGlider

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This is really helpful information about the "in service" timing requirement! I hadn't thought about that distinction between purchase date and when you actually start using it for business. Since you mentioned the small business exemption - are there any other record-keeping simplifications that might apply to smaller operations like landscaping businesses? I'm always looking for ways to reduce the administrative burden while staying compliant. Also, could you explain a bit more about when someone might want to elect out of bonus depreciation? That seems counterintuitive to pass up a larger immediate deduction.

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William Schwarz

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I've been following this conversation with great interest as our tennis booster club is facing the exact same dilemma. Ruby, I want to echo what others have said about avoiding the 501(c)(7) route - we almost made that mistake ourselves until our accountant warned us about the potential issues. One thing I haven't seen mentioned yet is the importance of having proper corporate structure in place BEFORE applying for tax exemption. Make sure you're incorporated as a nonprofit corporation in your state first, then apply for federal tax exemption. Many booster clubs operate as unincorporated associations, but the IRS generally prefers to see formal corporate structure for 501(c)(3) applications. Also, regarding the social events concern - don't worry about organizing family events! The IRS understands that educational support organizations often have social components. The key is that your PRIMARY purpose needs to be supporting the band's educational mission. Social activities can be secondary as long as they're not your main focus. I'd strongly recommend getting your documentation reviewed before submitting. After seeing all the positive feedback about taxr.ai in this thread, I'm definitely planning to use that service for our application. Better to catch any issues upfront than deal with rejection letters and delays later. Good luck with your application process! The fact that you're asking these questions now shows you're on the right track.

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This is such valuable information! I'm new to this whole process and honestly feeling pretty overwhelmed by all the requirements. The point about incorporating as a nonprofit corporation first is something I hadn't even considered - our track booster club has just been operating informally with a basic bank account. Can someone clarify the typical timeline for this whole process? If we need to incorporate first, then apply for tax exemption, how long should we expect this to take from start to finish? We're hoping to have everything sorted out before our spring fundraising season kicks into high gear. Also, @William Schwarz, when you mention having an accountant warn you about 501(c)(7) issues, what specific red flags did they point out? I want to make sure I understand all the potential pitfalls before we move forward.

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Omar Fawzi

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Great question about timing, Hiroshi! I can share our experience with the incorporation and tax exemption process since we just completed it for our swimming booster club. For incorporation, it varies by state but typically takes 2-4 weeks if you file online. Most states charge between $50-100 for nonprofit incorporation. You'll need to have your bylaws, articles of incorporation, and board members identified before filing. Some states offer expedited processing for an additional fee if you're in a hurry. Once you're incorporated and have your state certificate, you can immediately apply for your EIN (takes about 10 minutes online), then submit your 1023-EZ application. The IRS is currently processing most 1023-EZ applications in 2-4 weeks, so you're looking at roughly 6-10 weeks total from start to finish if everything goes smoothly. Regarding the 501(c)(7) red flags - our CPA pointed out that social clubs have very strict limitations on fundraising from non-members. Since booster clubs typically sell concessions and merchandise to the general public (not just member families), we'd likely violate the 35% non-member income limit that could jeopardize the exemption. Plus, social club members can't deduct their dues as charitable contributions, which would hurt our fundraising efforts. The educational support mission of a 501(c)(3) is a much better fit for what booster clubs actually do. I'd recommend starting your incorporation process now so you're ready for spring fundraising season!

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Marilyn Dixon

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This timeline breakdown is incredibly helpful! I'm just getting started with organizing our lacrosse booster club and had no idea there were so many steps involved. The 6-10 week timeline actually sounds very manageable when you break it down like that. One follow-up question - when you incorporated as a nonprofit, did you need to have a minimum number of board members? I'm wondering if we need to formalize our leadership structure before we can even start the incorporation process. Right now we just have a few parent volunteers who help out, but no official titles or roles. Also, the point about the 35% non-member income limit for 501(c)(7) is really eye-opening. We were definitely planning to sell team merchandise and concessions at games to anyone who wanted to buy, so we would have blown right past that limit without even realizing it. Thanks for potentially saving us from a major headache!

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