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Word of advice, NEVER go back to that tax preparer. I'm shocked they would claim that including insurance-paid expenses is legal. That's like Tax 101 stuff. For your audit, be super cooperative with the IRS and explain that you relied on your preparer's expertise. You should definitely request penalty abatement under "reasonable cause" since you hired a professional and had no reason to doubt their work.
This happened to my cousin last year. She ended up owing about $3500 in back taxes plus interest, but they waived most penalties because she could prove her preparer told her everything was fine. Make sure you save any emails or texts where you questioned the preparer about this!
Edward, I completely understand your stress about this situation. The good news is that medical expense audit issues are actually quite common and the IRS sees them frequently. Since you questioned your preparer about this approach and she insisted it was correct, you have a strong case for reasonable cause penalty relief. Here's what I'd recommend doing immediately: 1) Gather all your medical bills, insurance EOBs, and payment records from the audit years, 2) Calculate your actual out-of-pocket expenses (what YOU paid after insurance), 3) Prepare amended returns showing the correct deduction amounts, and 4) Write a detailed explanation letter describing how you relied on your preparer's professional advice. The IRS typically works with taxpayers who are cooperative and honest about mistakes, especially when a paid preparer was involved. You'll likely owe additional tax plus interest, but penalties can often be waived or reduced significantly. If you can't pay the full amount, the IRS offers installment agreements - don't let the fear of a large bill prevent you from responding promptly. Also, definitely document any communications you had with your preparer about questioning this deduction method. That evidence will be crucial for your penalty abatement request.
Just wanted to add another perspective here - I've been in a similar situation with my partner for about 3 years. We've found that keeping things simple and proportional to income really helps avoid any potential issues. What we do is calculate our combined monthly expenses (rent, utilities, groceries, etc.) and then each contribute based on our income percentage. So if I make 60% of our combined income, I put in 60% of the shared expenses. This way neither of us is really "gifting" money to the other - we're just paying our fair share. The IRS is generally more concerned with large, one-sided transfers that look like you're trying to avoid gift taxes. Normal cost-of-living sharing between cohabiting partners, even unmarried ones, typically doesn't raise red flags as long as it's reasonable and proportional. That said, definitely keep some basic records like others have mentioned. Even just saving your bank statements and maybe a simple note about your arrangement could be helpful if questions ever come up later.
This is exactly the approach my girlfriend and I have been considering! The proportional contribution based on income makes so much sense and seems like the fairest way to handle shared expenses. Quick question - do you track each individual expense category separately, or do you just calculate one lump sum for all shared expenses combined? We're trying to figure out the simplest way to set this up without making it too complicated to maintain long-term. Also, when you say "basic records," are you talking about just keeping the bank statements showing the transfers, or do you also document what the money was used for? Thanks for sharing your experience!
We keep it pretty simple - just one lump sum calculation for all shared expenses combined. At the beginning of each month, we add up rent, utilities, groceries budget, and any other regular shared costs, then each transfer our percentage into the joint account. For records, we mainly just keep the bank statements showing our monthly contributions and then a simple note in our phones about our income split percentage and how we calculated it. We don't track every individual grocery trip or utility payment - just the overall monthly contributions. The key is consistency. As long as you're both contributing regularly based on the same agreed-upon method, it's pretty clearly not a gift situation. We've been doing this for years without any issues, and having that simple documentation gives us peace of mind that we could explain our arrangement if needed.
This is really helpful information from everyone! I'm in a similar situation with my partner and we've been wondering about this exact issue. One thing I'd add is that it's worth considering setting up a separate "household" account that you both contribute to proportionally, rather than just having one person deposit large amounts that the other uses. That way there's a clearer paper trail showing both people contributing to shared expenses. We started doing this after reading about potential gift tax issues, and it makes everything much more transparent. Each month we calculate our shared expenses (rent, utilities, groceries, etc.) and transfer our proportional shares based on income into the household account. All shared expenses come out of that account, while our personal spending stays in our individual accounts. This approach has given us peace of mind that we're clearly not making gifts to each other - we're just each paying our fair share of living expenses. Plus, if we ever need to explain our arrangement to the IRS or anyone else, the documentation is crystal clear. The key thing seems to be maintaining that proportionality and keeping good records, which several people have mentioned. As long as you're not just having one person fund everything while the other benefits without contributing, you should be fine tax-wise.
This is such a smart approach! Having that separate household account really does make the paper trail much cleaner. My partner and I have been doing something similar but less organized - we just kind of alternate who pays for what, which probably looks messy from a documentation standpoint. I'm curious about how you handle things like one-time larger expenses that come up unexpectedly? Like if the car needs a major repair or there's a home maintenance issue. Do you still split those proportionally, or do you handle those differently since they're not regular monthly expenses? Also, do you find it worth updating your contribution percentages if your income situations change significantly, or do you just stick with the original split you agreed on?
Has anyone tried the IRS's W-4 calculator? I think it's free and supposedly helps you figure out proper withholding based on multiple jobs. Wondering if it would solve part of your problem at least for the W2 portion?
The IRS W-4 calculator is decent for multiple W2 jobs but completely falls apart when you throw S-corporation income into the mix. It doesn't account for the fact that you're paying yourself a salary from your own business or that you might take distributions. I ended up STILL owing $4500 after using it last year.
I've been dealing with a similar situation - multiple income streams including S-corp income can really mess with your withholding calculations! One tool that's worked well for me is FreeTaxUSA's TaxCaster. It's free and handles S-corp salary vs distribution scenarios better than most consumer tools I've tried. The key thing I learned is that you need to track your S-corp salary as regular W-2 income for withholding purposes, but then account for the self-employment tax savings compared to if that income was straight 1099. Most calculators miss this nuance. Also, don't sleep on making quarterly estimated payments - even if your withholding is close, having that extra buffer from estimated payments can save you from underpayment penalties. I set up automatic transfers to a separate "tax savings" account so the money is there when quarterly dates roll around. The IRS safe harbor rule is your friend too - if you pay 100% of last year's tax liability through withholding + estimated payments (110% if your AGI was over $150k), you won't owe penalties even if you end up owing more at filing time.
This is really helpful advice! I'm curious about the FreeTaxUSA TaxCaster - does it let you model different scenarios throughout the year? Like if I wanted to see what happens if I increase my S-corp salary by $10k and reduce distributions accordingly, can it show me the tax impact of that change? Also, that tip about the safe harbor rule is gold - I had no idea about the 110% threshold for higher income. That could definitely help us avoid penalties while we figure out the right withholding strategy. Do you happen to know if estimated payments made late in the year (like Q4) can still help meet that safe harbor requirement?
Don't forget about state taxes too! My wife is a nonresident alien and we file jointly for federal, but some states have different rules. In California where we live, we had to file a separate nonresident state return for her foreign income even though we filed jointly for federal. Check your state's rules!
This is so true! New York has similar complex rules. I found out the hard way after getting a surprise tax bill from the state even though our federal return was fine.
Just want to add another perspective here - we went through this exact situation last year and successfully filed jointly with the standard deduction. The key thing that helped us was understanding that the election to treat your NRA spouse as a resident is made simply by filing a joint return and including both spouses' worldwide income. You don't need to file any separate forms to make this election - it's automatic when you file Form 1040 jointly. However, you do need to attach a statement signed by both spouses saying you're making this election (this is the part many people miss). One tip: calculate both ways before deciding. We ran the numbers filing separately vs. jointly and the standard deduction savings from filing jointly more than offset the extra tax on my husband's foreign income. But every situation is different depending on income levels and what country the foreign income comes from (tax treaties matter!). The IRS Publication 519 has the clearest explanation of this if you want the official source, specifically the section on "Nonresident Spouse Treated as Resident.
Evelyn Kelly
Has anyone tried MileIQ for retroactively creating logs? My accountant mentioned it but I'm not sure if it can help with past years or just going forward.
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Paloma Clark
ā¢MileIQ is primarily for tracking current/future trips. For past years, I'd recommend a spreadsheet approach where you manually enter the data from whatever sources you have. Google Timeline history + a spreadsheet template worked best for me.
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Yuki Sato
One thing that really helped me when I had to reconstruct my 2017 mileage logs was creating a "typical week" template first. I looked at my calendar patterns and identified my regular business destinations, then calculated standard routes between them. For example, if I went to Client A every Monday and Client B every Wednesday, I could establish those as baseline trips and then look for variations. This approach helped me avoid over-estimating miles while still capturing the bulk of my business travel. Also, don't forget to check your car insurance records - sometimes they have annual mileage estimates that can help validate your totals. And if you had any major car repairs or oil changes, those service records often include odometer readings that can serve as checkpoints for your reconstruction. The IRS generally accepts reasonable reconstructions as long as you can show you made a good faith effort using available evidence. Document your methodology clearly - explain what sources you used and how you calculated the mileage. This transparency actually helps your case if you're ever questioned about it.
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Liam McGuire
ā¢This is really smart advice! I never thought about using insurance records or service receipts as validation points. That "typical week" approach makes so much sense too - it would definitely help establish credible patterns rather than trying to remember every single trip from years ago. Quick question - when you say "document your methodology clearly," did you create like a separate explanation document, or did you just add notes within your mileage log spreadsheet? I want to make sure I'm presenting this the right way if I ever need to defend it.
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