


Ask the community...
I work as a tax preparer and see these situations fairly often. Based on what you've described, you should be able to claim your partner as a dependent. The key tests you need to meet are: 1. **Support Test**: You provided more than half of his total support for the year (sounds like you clearly meet this) 2. **Gross Income Test**: His income must be less than $4,700 for 2024 (you mentioned zero income, so ā) 3. **Member of Household Test**: This is where the incarceration question comes in For the member of household test, the IRS considers temporary absences - including incarceration, hospitalization, education, military service, etc. - as time the person is still living with you, provided it's reasonable to assume they'll return to your household. Since your partner lived with you for 7 months and returned after his release, the 5-month incarceration would be considered a temporary absence. Make sure to keep documentation of the financial support you provided (rent, utilities, groceries, etc.) and proof of your shared residence before and after the incarceration period. You don't need to submit anything with your return, but having records ready is always smart in case of questions later. Also double-check that no one else (like his parents) will be claiming him as a dependent to avoid any conflicts with the IRS.
This is such a comprehensive breakdown - thank you! As someone new to navigating these dependency rules, I really appreciate having all the tests laid out clearly. The documentation point is especially helpful. I've been keeping receipts for groceries, utilities, and other expenses but wasn't sure if that was necessary. Better to be over-prepared than caught off guard if the IRS has questions later. It's reassuring to see a tax professional confirm what others have been saying about temporary absences. Makes me feel more confident about moving forward with claiming him as a dependent.
Just wanted to add my experience from a similar situation last year. My boyfriend was incarcerated for 4 months in 2023, and I was nervous about claiming him as a dependent even though I clearly met all the support requirements. I ended up consulting with a CPA who confirmed that the temporary absence rule definitely applies to incarceration periods. One thing that really helped was creating a simple spreadsheet tracking all the support I provided throughout the year - rent, utilities, food, medical expenses, etc. Even though he wasn't physically present for those 4 months, I was still covering his portion of rent and keeping up with expenses that would resume when he returned. The CPA said this kind of documentation clearly demonstrates the ongoing financial relationship and intent for him to return to the household. Also, don't forget to consider any expenses you might have incurred related to his incarceration - commissary money, phone calls, transportation to visit - these all count as support you provided during that period. I claimed him successfully and had no issues with the IRS. Sometimes the tax code actually works in favor of people in difficult situations!
This is such helpful real-world advice! I love the idea of creating a spreadsheet to track all support expenses - that's something I hadn't thought of but makes total sense for documentation purposes. And you're absolutely right about expenses related to the incarceration itself counting as support. I did put money in his commissary account and paid for phone calls, so it's good to know those qualify too. It really helps to hear from someone who actually went through this process successfully. The fact that you had no issues with the IRS after claiming him gives me a lot more confidence about my own situation. Thanks for sharing your experience!
Has anyone used TurboTax Self-Employed for this kind of situation? I'm wondering if it helps identify which expenses qualify when you're in that gray area.
I used it last year. It asks questions about your profit motive and helps identify which expenses qualify. The interview format walks you through everything. It was pretty helpful for my side gig, caught some deductions I would've missed.
The transition from hobby to business can definitely be confusing! The good news is that there's no magic income number you need to hit before you can start deducting business expenses. What matters most is your intent and how you operate. Here's what I'd recommend documenting to strengthen your position: Keep a separate business bank account (even if it's just a basic checking account), maintain detailed records of all income and expenses, create a simple business plan showing how you intend to become profitable, and treat it professionally with business cards, invoices, etc. The IRS will look at factors like whether you're actively seeking customers, if you're improving your skills/methods to increase profits, how much time you're dedicating to it, and whether you're conducting it in a businesslike manner. Even if you're operating at a loss initially, that's completely normal for new businesses. Since you're already tracking expenses, you're on the right track! Just make sure each expense has a clear business purpose and keep good records. The key is being able to show you're genuinely trying to build a profitable business, not just enjoying an expensive hobby.
Is this her first teaching job? I'm a school district payroll manager, and we see this issue CONSTANTLY with new teachers who don't understand their retirement system. In many states, teachers have mandatory retirement contributions that are taken INSTEAD OF Social Security (not in addition to it). So the $0 for Social Security might be correct if she's in a state with a separate teacher retirement system. But the federal withholding is definitely wrong. $41 per paycheck for someone making $62k would only make sense if she claimed she was exempt or claimed a huge number of dependents. My guess: she filled out her W-4 incorrectly when starting the new position. You should: 1. Check her W-4 on file 2. Compare her last paystub YTD amounts to the W2 3. Ask about her state's teacher retirement system rules
This is really helpful info. I'm a first-year teacher and just realized my federal withholding seems super low. How do I know if I'm in one of the states where teachers don't pay into Social Security? And should I update my W4 now to avoid problems when filing next year?
@Mary Bates - Great question! There are 15 states where some or all teachers don t'pay Social Security: Alaska, California, Colorado, Connecticut, Illinois, Kentucky, Louisiana, Maine, Massachusetts, Missouri, Nevada, Ohio, Rhode Island, Texas, and West Virginia. Check your paystub - if you see TRS "or" Teacher "Retirement System deductions" but no Social Security deductions, you re'likely in one of these states. Definitely update your W-4 ASAP if your federal withholding seems too low! You can submit a new W-4 to HR anytime during the year. Use the IRS withholding calculator online to figure out what you should be claiming. It s'much better to have slightly too much withheld than to face a huge tax bill next April like the original poster is dealing with.
I'm dealing with a very similar situation right now! My husband is also a teacher and we just discovered his W2 shows almost no federal withholding despite making $58k. After reading through these responses, I'm starting to think it's definitely a W-4 issue. What really helped us was getting a copy of his W-4 from HR - turns out he accidentally marked "exempt" on his first day because he was rushing through paperwork and didn't understand what it meant. The payroll person said this happens with new teachers ALL THE TIME. We're now working with the district to correct his withholding going forward and setting up quarterly payments to avoid another surprise next year. Definitely check what's on file for her W-4 - that's probably where the problem started. Also, if you're in one of those states where teachers don't pay Social Security (like we are in Ohio), that part might actually be correct. But the federal withholding being so low is almost certainly a W-4 error.
Thanks for sharing your experience! That's really helpful to know this is a common issue with new teachers. I'm wondering - when you say you're setting up quarterly payments to avoid another surprise next year, do you mean estimated tax payments to the IRS? How did you calculate how much to pay each quarter? I'm worried we might be in the same boat next year if we don't get ahead of this.
Going through the same thing right now! Code 570 showed up after I verified my identity 2 weeks ago. From what I've learned, it's basically the IRS putting a temporary freeze while they review everything to make sure it all matches up. The waiting is brutal when you need that money, but hang in there - most people see it clear within 2-6 weeks after verification. Keep checking your transcript daily for any changes, and maybe set up informed delivery so you don't miss any mail from them. You got this! šŖ
Miguel Ramos
One thing I haven't seen mentioned yet is the potential impact of state disability insurance (SDI) and other payroll taxes for remote workers. Even if you don't owe income tax to a state, you might still be subject to their payroll taxes if your employer is based there. For example, California has SDI tax that applies to all wages paid by California employers, regardless of where the work is performed. This is separate from income tax obligations. Similarly, some states have unemployment insurance requirements that follow the employer's location rather than where you work. I learned this the hard way when I discovered I owed California SDI tax even though I successfully argued I didn't owe California income tax as a remote worker. The rules are completely different and it's easy to overlook. If you're dealing with multi-state issues, make sure to research both income tax AND payroll tax obligations separately. Your payroll department might not be handling this correctly either - I've seen cases where employers weren't withholding required SDI but were withholding income tax they shouldn't have been. Also worth noting: some states are starting to require quarterly estimated payments for remote workers, especially if you're classified as an independent contractor rather than an employee. The requirements can be quite different from your home state's rules.
0 coins
Mia Roberts
ā¢This is such an important point that often gets overlooked! I had no idea about the SDI requirements being separate from income tax. Just to clarify - if you're working remotely for a California employer but living in another state, you're saying you might still owe California SDI even if you successfully establish that your income isn't California-sourced for income tax purposes? That seems like it could catch a lot of remote workers off guard, especially since most people probably assume if they don't owe income tax to a state, they're completely clear of all tax obligations there. Do you know if there's an easy way to check what payroll taxes your employer should be withholding based on their location vs. your work location? This might explain some confusing line items I've been seeing on my paystubs.
0 coins
GalacticGuardian
ā¢Yes, exactly! California SDI operates under completely different rules than income tax. Even if you successfully establish that you're working remotely for your own convenience (avoiding California income tax), you can still be subject to SDI if your employer is California-based. The SDI rate for 2024 is 0.9% on wages up to $153,164. For checking what should be withheld, I'd recommend looking at your state's employment development department website - they usually have guides for multi-state employers. California's EDD has specific guidance on this. You can also check your paystub for line items like "CA SDI" or "CA CASDI" - if you see those deductions but live out of state, that's likely what's happening. The tricky part is that some employers get this wrong in both directions - either not withholding required SDI for out-of-state remote workers, or withholding it when they shouldn't (like if the employee works for a branch office in another state). I'd suggest reaching out to your HR/payroll department with specific questions about which state's payroll taxes they're applying to your situation. If they can't give you a clear answer, that might be a red flag that they need to review their multi-state payroll procedures.
0 coins
Emma Davis
This thread has been incredibly helpful! I'm in a similar situation as a remote worker and had no idea about some of these complexities. A few additional points that might help others: **Documentation is key**: Beyond the work location log mentioned earlier, I'd also recommend saving all travel receipts, hotel bookings, and any emails/communications that establish your remote work arrangement. If your company has a formal remote work policy, get a copy for your records. **State-specific quirks**: Each state really does have its own weird rules. For example, I discovered that some states consider ANY work performed on their soil as creating a filing requirement, while others have safe harbors for short-term business travel (usually under 30 days). **Professional help timing**: If you're going to consult a tax professional, do it BEFORE you file rather than after you get an audit notice. Multi-state tax specialists can often structure your filing approach to minimize future audit risk. **Estimated payments**: Don't forget that if you end up owing taxes to multiple states, you might need to make quarterly estimated payments to avoid underpayment penalties. The safe harbor rules can be different for each state too. The remote work tax landscape is definitely still evolving post-pandemic, so staying informed and keeping good records is more important than ever!
0 coins