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Has anyone dealt with the "testing period" for the last-month rule with HSAs? I'm in a similar situation and thinking about using that rule, but I'm worried about what happens if I can't maintain HDHP coverage for the full testing period next year.
The last-month rule can be helpful but also risky. If you have HDHP coverage on Dec 1, you can contribute as if you had it all year. BUT you must keep qualifying HDHP coverage for the entire following year (testing period). If you don't maintain coverage, you'll have to include the "accelerated" portion of your contribution in your income AND pay a 10% additional tax on that amount. I've seen people get burned by this when they changed jobs or their employer changed health plans the next year. Unless you're very confident about your coverage next year, the safer bet is to prorate based on actual months of eligibility.
That makes sense. I'm not sure I want to risk it since I might change jobs again next year. I'll stick with the prorated approach based on my months of eligibility. Thanks for explaining the testing period consequences!
Congratulations on your marriage! Your timing is actually pretty good for HSA planning since you're changing jobs early in the year. Here's what I learned from my own similar situation: First, you absolutely don't need to roll over your existing HSA - it's your money forever. I kept mine with the old provider since they had better investment options and lower fees than my new employer's HSA. For contribution limits with marriage, it depends on your coverage types. If you both keep individual/self-only HDHP coverage through your respective employers, you can each contribute the full individual limit ($3,850 for 2025). However, if either of you has family coverage, you're limited to one family contribution total ($7,750 for 2025) that you split between your accounts. Since you're changing jobs, track your coverage months carefully. You can only contribute based on months you actually have qualifying HDHP coverage. So if you start your new job in May, you'd prorate your contributions accordingly. One tip: coordinate with your spouse on contribution timing if you're both maxing out. We set up automatic contributions but made sure to monitor them monthly to avoid any accidental over-contributions, especially since employer contributions count toward your limits too. The IRS Publication 969 has all the detailed rules if you want to dive deeper into the specifics!
15 Great discussion here! As someone who's dealt with several cooperative housing associations over the years, I can confirm that the switch from Form 1120 to 1120-C is usually the right move for true housing co-ops. One thing I'd add is to carefully review the cooperative's bylaws and proprietary lease agreements before making the switch. The IRS looks at both the legal structure AND the actual operations to determine if an entity qualifies for cooperative tax treatment under Section 216. Key factors to check: - Do residents own shares in the corporation rather than individual units? - Are there proprietary leases tied to share ownership? - Does the co-op operate on a cost-recovery basis rather than for profit? - Are any patronage dividends or refunds distributed based on use/occupancy? If you can answer yes to these questions, Form 1120-C is definitely the way to go. The patronage dividend deductions alone can result in significant tax savings, as mentioned earlier in this thread. Also worth noting - if the co-op has been consistently profitable on Form 1120 filings, switching to 1120-C might reveal they've been missing opportunities to reduce taxable income through proper cooperative accounting methods.
Krappppp! Our previous treasurer was filing 1120-H with zero tax liability. Since her departure, we haven't filed anything. The last tax year filed was 2021. We're 16 units, market rate, and over 105 years old, have run out of a checking account the whole time as far as I can tell. How much trouble are we in?
Just throwing this out there - have you considered talking to your wife's HR department about whether they offer an FSA (Flexible Spending Account)? It's not as good as an HSA since the money is use-it-or-lose-it each year, but you can still put pre-tax dollars in there for healthcare expenses. My husband is self-employed and I carry our insurance through my employer. We max out my FSA every year ($3,200 for 2025) and use it for all our family medical expenses. Not as good as the investment potential of an HSA, but still a decent tax savings.
That's a really good point - I hadn't thought about an FSA. I'll definitely ask her to check with HR about that option. Do you know if we'd still be eligible if we file taxes separately? And is there any special documentation needed to use the FSA for my expenses even though she's the one with the employer plan?
FSA eligibility doesn't depend on your tax filing status, so you're good whether you file jointly or separately. The FSA follows the health plan, so if you're covered under her insurance, your medical expenses qualify for FSA reimbursement with no special documentation beyond what's normally required (receipts, etc.). The main downside compared to HSAs is the "use it or lose it" feature, though many plans offer a $610 rollover or a 2.5 month grace period. We just make sure to schedule any needed medical/dental work toward the end of the year if we have funds left over. Another option that MIGHT work for you is looking into an Individual Coverage HRA (ICHRA) if you have any employees or are considering hiring any. But the FSA is probably your simplest option.
Don't forget to look into whether you qualify for the self-employed health insurance deduction! Even though your wife's employer provides the insurance, if you're paying any portion of the premiums (either directly or indirectly by reimbursing your wife), you may be able to deduct that amount on your Schedule C. I'm in a similar situation and was able to deduct about 40% of our family premium last year because that was determined to be "my portion" of the coverage. Talk to a tax professional about how to calculate and document this properly.
Is this actually legit? I thought you couldn't deduct premiums if you're eligible for coverage through your spouse's employer plan? My accountant told me this wasn't allowed.
@Saleem Vaziri Your accountant might be thinking of the rule that prevents you from deducting premiums if you re'eligible to participate in a subsidized health plan through your spouse s'employer. But the key word is subsidized. "If" you re'paying the full cost of adding yourself to your spouse s'plan meaning (the employer isn t'contributing toward your portion ,)then you can potentially deduct that amount as a self-employed person. The IRS allows self-employed individuals to deduct health insurance premiums paid for themselves and their families, even if the insurance is obtained through a spouse s'employer, as long as the premiums aren t'being subsidized by that employer for the self-employed person s'coverage. You ll'want to get documentation from your wife s'HR department showing exactly how much of the premium is allocated to your coverage versus hers. This can get tricky to calculate, but it s'definitely worth exploring with a tax professional who understands self-employment rules.
Santiago Diaz
Going back to the original question, the IRS might not even care about this level of detail if audited. Publications like 463 are guidelines, but in practice, the difference between deducting 50% vs 100% of a relatively small expense like Uber rides probably won't raise flags. My accountant always says to be reasonable and consistent in your approach. If you deduct 100% because the cost would've been identical traveling alone, that's completely defensible. Just document your reasoning. Personally, I split shared expenses 50/50 for my 1099 work just to be conservative, but either approach works as long as you have a reasonable basis and documentation.
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Millie Long
ā¢Is that true even if the expenses end up being more than the income? Like OP mentioned getting $750 but maybe spending more on travel. Would that trigger an audit if they deduct all those expenses?
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Santiago Diaz
ā¢For a one-time speaking engagement, it's absolutely fine if expenses exceed income. The IRS understands that not every individual transaction in a business will be profitable. What they look at is your pattern over multiple years. If you consistently report losses from the same activity year after year, that's when they might question whether it's a business or a hobby. For an occasional speaking gig, deducting legitimate travel expenses that exceed the honorarium won't raise any red flags as long as you can document the business purpose and necessity of the expenses. The hobby loss rule generally kicks in when you show losses in 3 out of 5 consecutive years. A single engagement with a loss is very normal and not concerning from an audit perspective.
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KaiEsmeralda
Small tip from experience - make sure you keep all transportation receipts with notes about business purpose. For the Uber/taxi rides, I write directly on the receipt "transport to/from business speaking engagement" and snap a photo. Same for train tickets - write "business travel for paid speaking engagement" on them before filing. Seems obvious but these little notes saved me during an audit when I had to prove which trips were business vs personal.
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Debra Bai
ā¢Do electronic receipts work just as well? I usually get everything by email and just save PDFs in a folder. Should I be printing and annotating them?
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Arjun Kurti
ā¢Electronic receipts are absolutely fine! The IRS accepts digital records as long as they're legible and complete. I keep everything in a cloud folder organized by year, then by expense type. You can add your business purpose notes right in the filename (like "Uber_to_conference_Jan2024_business.pdf") or create a simple spreadsheet that cross-references your receipts with the business purpose. Just make sure you have backups - I keep copies in two different cloud services just in case. During my audit, the agent was totally fine with me showing everything on my laptop from my organized digital files.
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