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Just FYI - if youre using dependent care FSA money for a preschooler, make sure your provider gives you their Tax ID number or SSN. Lots of people miss this and then cant properly report the FSA benefits. You need to list all care providers and their tax IDs on Form 2441 even with MFS status.
This is so important! I had my return rejected last year because I forgot to include my daycare provider's tax ID number. Also keep in mind that some smaller home daycares might give you their SSN instead of a business EIN.
Great question about MFS and dependent care benefits! I went through something similar last year. A few key points that might help: First, yes - you can absolutely claim the Child Tax Credit for your 4-year-old even with MFS status. That's $2,000 you shouldn't miss out on. For your FSA contributions, those $4,800 in pre-tax deductions have already given you the tax benefit by reducing your taxable income. However, with MFS status, you're actually limited to only $2,500 in dependent care FSA benefits per year (vs $5,000 for joint filers). So if you contributed $4,800, you may need to pay taxes on the excess $2,300. You'll definitely need to complete Form 2441 to report these benefits properly. The form will show your FSA contributions and ensure you're handling the MFS limitations correctly. One thing I'd strongly recommend - actually run the numbers for both MFS and MFJ scenarios. I know the student loan payments are a major factor, but sometimes the tax savings from filing jointly (especially with multiple kids and childcare expenses) can offset the increase in loan payments. Worth double-checking before you finalize your filing status.
Wait, I'm confused about something you mentioned. If the FSA limit is $2,500 for MFS filers, but they've already deducted $4,800 from paychecks throughout the year, how does that work exactly? Does the employer automatically stop the deductions at $2,500, or could someone actually end up with $2,300 that becomes taxable income? That seems like a huge oversight that could catch people off guard at tax time. Also, is there any way to adjust this mid-year if you realize you're going over the limit, or are you stuck with whatever was deducted?
Just to add another perspective - one option no one's mentioned is adjusting your vesting schedule while the company valuation is still low. If you accelerate vesting now, you'll recognize ordinary income on the current (presumably low) value difference between what you paid and fair market value. This won't fix the missed 83(b), but could minimize the tax impact if done while company valuation is still close to what you paid. You'll want a proper 409A valuation to document the current fair market value to support this approach.
This is a tough situation but you're not completely out of options. I've seen similar cases where founders had some success with a few different approaches: 1. **Document your reasonable cause**: Even though the IRS is strict about the 30-day rule, you should still prepare documentation showing you had reasonable cause for the delay (misunderstanding the timeline, reliance on incorrect advice, etc.). While it rarely works for 83(b) elections, having this documentation ready could help if you ever face penalties. 2. **Consider a Section 83(b) "protective election"**: Some tax advisors suggest filing the election anyway with a cover letter explaining the circumstances, even though you're past the deadline. The IRS will likely reject it, but it creates a paper trail showing your intent and good faith effort. 3. **Restructure now while valuation is low**: Since your company hasn't increased much in value, this is actually the best time to explore restructuring options. The tax consequences of canceling and reissuing shares would be minimal at current valuations. 4. **Plan for the future**: Make sure you understand exactly how the missed election will affect you at different exit scenarios (acquisition, IPO, etc.) so you can plan accordingly. The key is acting quickly while your company valuation is still low. Once it starts growing, your options become much more limited and expensive.
This is a really complex situation that touches on several different tax concepts! Based on what you've described, you're dealing with both the Section 121 exclusion for primary residence sales and the classification of mixed-use properties. The key issue is that the IRS will likely view your RV park as a business investment rather than a replacement primary residence, even if you're living on the property. However, there are some strategies that might help: 1. **Separate the residential from business portions**: If you can clearly delineate what part of the property is your actual residence (whether that's an RV pad, a small house, or a manufactured home), that portion might qualify for the Section 121 exclusion. 2. **Timing matters**: You generally need to purchase your replacement residence within a reasonable timeframe to maintain the exclusion benefits. 3. **Documentation is crucial**: Keep detailed records of all expenses, improvements, and usage to support your position if audited. Given the complexity and potential tax implications (we're talking about significant capital gains here), I'd strongly recommend getting professional advice from a tax attorney or CPA who specializes in real estate transactions. They can help you structure the purchase and development in a way that maximizes your tax benefits while staying compliant with IRS regulations. This isn't a DIY situation - the stakes are too high to guess!
This is really helpful advice! I'm actually in a similar situation - considering selling my primary residence to buy a small ranch where I'd run a glamping business. The point about separating residential from business portions makes a lot of sense. Do you happen to know if there's a minimum square footage or percentage that needs to be designated as "personal residence" to qualify for the Section 121 exclusion? I'm wondering if having just a small cabin on a large commercial property would still count, or if the IRS has specific thresholds they look for. Also, when you mention timing matters for the replacement residence - is there a specific deadline like the 45/180 day rules for 1031 exchanges, or is it more subjective?
@dc11f34c4971 Great question about the thresholds! The IRS doesn't have specific square footage minimums for the Section 121 exclusion, but they do look at whether the space genuinely functions as your primary residence. The key test is whether you use it as your main home where you live, sleep, and conduct your daily personal activities. For timing, the Section 121 exclusion doesn't have the same strict deadlines as 1031 exchanges. You don't need to buy a replacement property at all to claim the exclusion - it's just about selling your primary residence that you've lived in for 2 of the last 5 years. The exclusion amount (up to $250k single/$500k married) applies regardless of what you do with the proceeds. However, if you're trying to argue that part of your new property qualifies as a replacement primary residence, you'd want to establish residency there fairly quickly to support that claim. The IRS looks at factors like where you receive mail, voter registration, driver's license address, etc. Your glamping situation sounds very similar to the original poster's RV park question. Just make sure whatever you designate as your personal residence is clearly separated from the business operation both physically and in your record-keeping!
Just want to add another perspective here - I went through something very similar when I sold my house to buy a working farm with a farmstand business. What really helped was consulting with a tax professional before making the purchase, not after. They helped me structure the transaction so that I clearly allocated the purchase price between the residential portion (my actual farmhouse) and the business portion (the farmstand, storage buildings, commercial kitchen, etc.). This required getting separate appraisals for each use, but it was worth it. The residential portion qualified for the Section 121 exclusion, saving me about $45,000 in capital gains taxes. The business portion was treated as a separate investment, which meant I did pay capital gains on that allocation, but it also meant I could depreciate those business assets going forward. One thing I learned is that you need to be very intentional about how you document everything from day one. The IRS will scrutinize mixed-use properties closely, so having clean records showing the legitimate business purpose versus personal residence use is essential. Don't try to get too creative with the allocations - they need to reflect the actual fair market values and intended use. The key is getting professional guidance before you buy, not trying to figure it out at tax time!
This is exactly the kind of real-world example that's so helpful! Getting separate appraisals for different portions of the property is brilliant - I never would have thought of that approach. It makes total sense though, since you need to justify the allocation with actual market values rather than just picking convenient percentages. The timing point about consulting before purchase (not after) is something I wish more people understood. By the time you're filing taxes, your options are pretty limited. But if you plan ahead, you can structure things to maximize your benefits legally. Quick question - when you got the separate appraisals, did you use the same appraiser for both portions or different specialists? I'm wondering if having one appraiser do both might be simpler for consistency, or if using different appraisers who specialize in residential vs commercial properties would give you stronger documentation. Also really appreciate you sharing the actual dollar amount you saved ($45k) - it helps put the value of proper planning into perspective!
Ohio usually processes pretty quickly! I filed my state return there last month and got my direct deposit in exactly 7 business days. The Ohio Department of Taxation has a "Check My Refund Status" tool on their website that's super helpful - you just need your SSN and refund amount. Since you just got accepted today, I'd expect to see movement within the next week or so. Direct deposit is definitely the way to go compared to waiting for a paper check!
Thanks for the info! That's really reassuring to hear it was exactly 7 days for you. I'll definitely check out that Ohio refund status tool - sounds way more reliable than just refreshing my bank account every hour š
Ohio is actually one of the better states for refund processing! I've been doing taxes for clients there for years and typically see direct deposits hitting accounts within 7-10 business days after acceptance. Since yours was just accepted today, you're looking at probably next week sometime. The nice thing about Ohio is they're pretty consistent - not like some states where it can vary wildly. Just keep an eye on your bank account and maybe check the Ohio tax website's refund tracker in a few days if you want peace of mind!
Andre Laurent
Has anyone tried going to a tax professional instead of using TurboTax for this duplicate SSN problem? I'm wondering if they have better ways of resolving it or if they just tell you to paper file too.
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AstroAce
ā¢I'm an enrolled agent (tax pro), and unfortunately, we face the same e-filing blocks that TurboTax does. The IRS system automatically rejects any e-filed return with an SSN that's already been used. However, a good tax pro might be able to help determine WHY it's happening and give better guidance on resolving it compared to TurboTax's generic advice.
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Andre Laurent
ā¢Thanks for the insider perspective! I was hoping there might be some special tax pro workaround, but it sounds like the IRS system is the bottleneck regardless of how you file. I guess I'll try some of the other suggestions here first before paying for professional help that might end with the same paper filing recommendation.
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Natasha Orlova
I went through this exact nightmare last year! Here's what finally worked for me after weeks of frustration: First, call the Social Security Administration (not the IRS) at 1-800-772-1213 to verify your nephew's SSN is correct and there are no issues with his Social Security record. Sometimes there are name/SSN mismatches in their system that cause the duplicate error. Second, if that checks out clean, you'll likely need to file Form 8948 (Preparer Explanation for Not Filing Electronically) along with your paper return. This form specifically addresses situations where e-filing is rejected due to duplicate SSN issues. The frustrating truth is that when someone else has already filed using that SSN (whether legitimately or fraudulently), the IRS computer system has no way to determine which filer is correct - it just blocks all subsequent attempts. Paper filing forces a manual review where they can sort it out. One silver lining: if it turns out to be fraud, you might qualify for expedited processing of your paper return. Make sure to include a cover letter explaining the situation and any documentation you have proving your right to claim your nephew (custody papers, school records, etc.). Good luck - I know how maddening this process is!
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