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Ask the community...

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Carmen Vega

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I think you're all missing a key detail - using FSA money for a child doesn't automatically mean you have to claim that child as your dependent. FSA funds can be used for any qualifying dependent, even if your ex claims them on their taxes. The real question is: did your divorce decree specify who claims which child? Many divorce agreements include language about alternating years or assigning specific children to each parent. That would override any tax tiebreaker rules.

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NeonNebula

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Our decree says we'll each claim one child each year, but it doesn't specify which parent claims which child. We've been flexible about it so far. I didn't realize I could use FSA funds on both children regardless of who claims them! That definitely gives us more options.

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Carmen Vega

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That's great that your decree already addresses this! The flexibility is helpful. And yes, you can absolutely use your Dependent Care FSA funds for both children, even if your ex claims one of them on their taxes. The IRS allows FSA funds to be used for "qualifying individuals" which includes your children under 13 who you're the parent of, regardless of whether you claim them as tax dependents. Just make sure your FSA administrator knows this rule, as sometimes they incorrectly think the child must be your tax dependent.

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Jason Brewer

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Just wanted to add one more consideration that might affect your decision - make sure you're both tracking your household expenses carefully to meet the "keeping up a home" test for head of household status. Each of you needs to pay more than half the cost of maintaining the home where your respective child lives for more than half the year. This includes rent/mortgage, utilities, food, repairs, and other household expenses. With 50/50 custody, you'll want to document which expenses each of you is paying for each household. Also, since you mentioned you're on good terms with your ex, I'd suggest running the numbers for different scenarios before deciding who claims which child. Sometimes the parent with higher income benefits more from certain credits, while the lower-income parent might get a bigger boost from the Earned Income Credit. A tax professional could help you optimize the overall tax savings for both families combined. One last tip - make sure whatever arrangement you agree on is documented in writing (even just an email between you two) in case the IRS ever questions your filing status. Good luck!

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This is really helpful advice! I'm new to navigating taxes after divorce and didn't realize there were so many moving pieces beyond just deciding who claims which kid. The "keeping up a home" test sounds like something I need to pay closer attention to - I've been splitting some expenses with my ex but wasn't tracking them systematically. Do you have any suggestions for the best way to document these household expenses? Should we be keeping separate records for each household, or is there a simpler way to track who's paying what percentage of each child's living costs? Also, when you mention getting help from a tax professional, do you mean someone who specializes in divorce-related tax situations? I'd love to make sure we're maximizing benefits for both of us rather than accidentally leaving money on the table.

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Ana Rusula

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I'm so sorry for your loss, Lily. Losing a parent unexpectedly is devastating, and it's completely understandable that you're feeling overwhelmed by the tax implications on top of everything else you're dealing with. You absolutely did not make a mistake! What you've created is exactly what many families set up during difficult times like this - a temporary memorial fund. The IRS actually has established guidance for these situations, and what you're describing is what tax professionals call a "conduit" or "pass-through" arrangement. Here's what should give you peace of mind: • The EIN was necessary for banking purposes, but it doesn't automatically create a taxable business entity • Since you're collecting donations temporarily and distributing them all for memorial purposes (scholarship and funeral costs), this isn't considered a profit-making enterprise • The donations aren't taxable income to you or the fund • Money going to the college for the scholarship won't create tax complications • Funds used for legitimate funeral expenses are generally not taxable Since you plan to distribute everything and close the account, you most likely won't need to file any business tax returns with that EIN. The key is keeping detailed records of all donations received and distributions made - save copies of checks, keep receipts, and get documentation from the college. Your father would be so proud of how you're honoring his memory through this scholarship and covering funeral costs. Please don't let tax worries overshadow this beautiful tribute you've created during such a difficult time.

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Khalil Urso

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Ana, thank you for such a thoughtful and comprehensive response. As someone new to this community, I'm really struck by how consistently supportive and knowledgeable everyone has been in helping Lily through this difficult situation. Your explanation about the "conduit" or "pass-through" arrangement really helps clarify why this is different from a regular business entity. It's reassuring to know that the IRS has established guidance specifically for these memorial fund situations that families face during grief. The practical advice about record-keeping while emphasizing that complex tax filings likely aren't needed strikes the perfect balance - providing security without adding unnecessary stress during an already overwhelming time. @Lily Young - I hope seeing this incredible outpouring of consistent advice from so many experienced community members is giving you the peace of mind you deserve. Every single person has confirmed that you handled everything correctly and that your memorial fund is a beautiful way to honor your father s'memory through both the scholarship and funeral expense coverage. Please focus on that meaningful tribute rather than worrying about tax complications that simply don t'exist in your situation. The level of support and expertise this community has shown is truly remarkable to witness as a newcomer.

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Caden Turner

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I'm so deeply sorry for the loss of your father, Lily. What you're going through right now - managing grief while trying to understand complex tax implications - is incredibly difficult, and your concerns are completely understandable. Please know that you absolutely did not make a mistake. What you've set up is actually very common and is recognized by the IRS as a legitimate temporary memorial arrangement. The banker was correct that you needed an EIN to open the account, but this was purely for banking compliance requirements, not because you were creating a business entity that needs to file tax returns. What you have is called a "conduit arrangement" - you're temporarily collecting donations from family and friends to distribute them for specific memorial purposes. Since you're planning to give half to the scholarship fund and use half for funeral expenses, and then close the account entirely, the IRS generally doesn't consider this taxable activity. Here's what should ease your worries: - The donations aren't considered income to you or the fund - Money going to the scholarship (through the college) won't create tax issues - Funeral expense distributions are typically not taxable - You likely won't need to file any business returns with that EIN The most important thing is to keep good records of everything - copies of donation checks, receipts for funeral costs, and documentation from the college when you make the scholarship donation. Your father would be so proud of how thoughtfully you're honoring his memory. Focus on that beautiful tribute rather than letting tax concerns add to your grief during this already difficult time.

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Aisha Patel

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Caden, thank you for such a compassionate and thorough explanation. As someone who's new to this community, I'm really moved by how everyone has come together to support Lily during such a difficult time. Your point about the EIN being required for "banking compliance requirements" rather than creating a business entity really helps clarify the confusion that seems to be at the heart of Lily's concerns. It makes perfect sense that banks have their own requirements that don't necessarily align with tax implications. The term "conduit arrangement" that you and several others have used really helps illustrate why this situation is different from a typical business setup. It's clear that the IRS recognizes these temporary memorial funds serve a specific purpose during grief and aren't meant to be ongoing enterprises. @Lily Young - I hope the overwhelming consistency of advice from so many knowledgeable community members is giving you the reassurance you need. Every single response has confirmed that you handled this properly and that your memorial fund is a beautiful way to honor your father through both the scholarship opportunity and covering funeral costs. Please don t'let tax worries diminish this meaningful tribute during an already challenging time. The level of expertise and compassion this community has shown is truly remarkable to witness as a newcomer here.

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Caden Turner

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Great question! I went through this exact confusion last year when I started trading more actively. The consolidated 1099 from TradeWave is definitely what you want - it's much better than getting separate forms for each type of transaction. One thing I'd add to the helpful responses here is to double-check that your consolidated 1099 includes ALL your trading activity from the year. Sometimes if you had positions at multiple brokers or transferred accounts mid-year, you might need statements from each institution. Also, keep an eye out for any supplemental or corrected 1099s that might come later - brokers sometimes issue corrections in February or March. The consolidated format saves so much time during tax prep. I remember my first year trying to match up individual 1099-B forms with my actual trades and it was a nightmare. The consolidated version having everything in one place with clear summaries makes the whole process much smoother.

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Lena Schultz

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This is super helpful advice! I actually didn't think about the possibility of needing multiple statements if I had accounts elsewhere. I did have a small Robinhood account that I closed mid-year before switching everything to TradeWave - do you know if I need to get a separate 1099 from Robinhood for those transactions, or would TradeWave have included everything when they processed my account transfer? Also, when you mention supplemental/corrected 1099s, what kinds of things typically get corrected? Just want to make sure I'm not filing too early if there might be updates coming.

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Great question about the Robinhood situation! You'll definitely need a separate 1099 from Robinhood for any transactions that occurred before you transferred your account. When you transfer positions between brokers, the receiving broker (TradeWave) only gets the current holdings - they don't get historical transaction data for trades that happened at the previous broker. So if you sold any stocks, received dividends, or had other taxable events at Robinhood before the transfer, those should appear on a separate Robinhood 1099. The TradeWave 1099 would only show activity that happened after the transfer, plus any gains/losses when you eventually sell the transferred positions (using the cost basis from when you originally bought them at Robinhood). As for corrections, common things that get updated include: incorrect cost basis calculations, missing dividend payments that were processed late, or adjustments to corporate actions like stock splits. Some brokers also issue corrections if they discover wash sale calculations were wrong. I usually wait until mid-February before filing just to be safe, but you can always file an amended return if corrections come in later.

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Steven Adams

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As someone who also recently started more active trading, I can confirm that what you received from TradeWave is indeed a consolidated 1099, and Omar's explanation is spot-on! You don't need to fill out separate forms - the consolidated version combines all your investment activity into one comprehensive statement that makes tax filing much easier. One additional tip I'd suggest: before you start entering information into your tax software, take a few minutes to review each section of the consolidated 1099 to make sure you understand what types of income are included. The sections are usually clearly labeled (like "Proceeds from Broker Transactions" for your stock sales, "Dividend Income" for dividends received, etc.), and this will help you navigate your tax software more confidently. Also, since this is your first year with significant trading activity, you might want to consider keeping a simple spreadsheet or notes about your major trades throughout the year going forward. While the consolidated 1099 handles the tax reporting requirements, having your own records can be helpful for investment planning and tracking your performance over time.

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Just wanted to add another perspective on the gift splitting strategy mentioned earlier. If you and your spouse decide to split the gift to maximize the annual exclusion ($38,000 total), make sure you're both actually participating in the gift. The IRS requires that both spouses consent to gift splitting, and you'll need to indicate this on Form 709 if you file one. Also, consider the timing carefully - if you make the gift late in the year, you might want to wait until January to make additional gifts so you can take advantage of the next year's exclusion amounts. This is especially relevant since the annual exclusion amounts are indexed for inflation and tend to increase over time. One last tip: if your son is planning to use this money for major purchases like a house or education, keep records showing the source was a gift from settlement funds. Some lenders or schools might ask about large deposits, and having clear documentation will make those processes smoother.

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Jean Claude

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Great point about the gift splitting consent requirement! I wasn't aware that both spouses need to formally consent on the form. Does this mean we both need to sign Form 709, or is there a specific section where the non-gifting spouse indicates consent? Also, your suggestion about timing is really smart. Since we're already in late 2025, it might make sense to wait until January to start the gifting process so we can take full advantage of both years' exclusion amounts. Do you know if the 2026 annual exclusion amount has been announced yet, or do they typically release that information closer to the new year? The documentation tip for lenders is something I hadn't considered but makes total sense. Having a clear paper trail from settlement to gift will definitely help avoid questions down the road.

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Natalie Chen

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Regarding gift splitting consent, if you're the one actually making the gift but want to split it with your spouse for tax purposes, your spouse needs to consent on their own Form 709 or you can include their consent on your form. There's a specific section (Part 1, Line 12) where the consenting spouse signs to agree to the gift splitting election. The 2026 annual exclusion amount typically gets announced by the IRS in late October or November, but it won't be official until then. However, given inflation trends, it's reasonable to expect it might increase to around $20,000, though that's just speculation. Your timing strategy sounds solid - starting in January 2026 would let you potentially give $19,000 this year and whatever the new limit is next year. Just make sure to document everything clearly, including dates of transfer, amounts, and source documentation linking back to your settlement. Banks and other institutions really appreciate having this paper trail readily available.

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One aspect that hasn't been covered yet is the importance of keeping contemporaneous records of your gift decisions and timing. The IRS has been increasingly scrutinizing large gifts, especially when they come from settlements, so documentation is key. I'd recommend creating a simple gift log that includes: the date of each transfer, the amount, the recipient, and a note referencing your settlement as the source. If you're splitting gifts across multiple years, this becomes even more critical to show clear intent and proper timing. Also, if your settlement was structured (meaning you receive payments over time rather than a lump sum), the gift tax implications apply each year you make gifts, not just when you received the settlement. This could actually work in your favor for staying under annual exclusion limits if you have flexibility in your payout schedule. Consider consulting with a CPA who specializes in gift tax issues, especially given the complexity of settlement funds and the amounts involved. The cost of professional advice upfront could save you significant headaches later if the IRS has questions about your transfers.

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This is excellent advice about documentation! I'm new to this community but dealing with a similar situation. The gift log idea is brilliant - I hadn't thought about creating a systematic record like that. For those of us who are new to gift tax issues, could you clarify what you mean by "contemporaneous records"? Is there a specific format the IRS prefers, or is it more about having dated documentation that shows your decision-making process at the time? Also, your point about structured settlements is really interesting. If someone has the option to choose between a lump sum and structured payments, it sounds like the structured approach might actually provide more flexibility for gift planning. Has anyone here had experience with that type of decision?

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Has anyone tried calling the IRS directly to get wage info? Is that even possible or do they just tell you to wait for the W2?

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The IRS can provide a wage and income transcript but they won't have 2024 W2 info fully processed yet. If you call now they'll probably only have complete data for 2023 and earlier. Your best bet is still trying to get it from your employer directly.

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StarSeeker

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Another option that worked for me is checking if your employer uses a third-party payroll service like Paychex, Gusto, or Paycom. Even if they don't use W2express, these services often have their own employee portals where you can access your tax documents. You can also try contacting your employer's HR or payroll department directly - they're required to provide you with a copy of your W2 if you request it. Most companies can email you a PDF copy pretty quickly, especially if you explain you're having trouble with their online system. If all else fails and you're really in a time crunch, you can file your taxes using your final paystub from each job. The IRS allows this if you can't get your W2 by the filing deadline, though you'll want to make sure your numbers are as accurate as possible to avoid any issues later.

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This is really helpful advice! I didn't know you could file using your final paystub if you can't get your W2 in time. How does that work exactly - do you just enter the year-to-date totals from your last paystub where the W2 info would normally go? And what happens when your actual W2 eventually arrives - do you need to file an amended return if the numbers are different?

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