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Something nobody's mentioned yet - if you're planning to get divorced and will have a formal agreement, you could address this for future years. A divorce decree or separation agreement can specify which parent gets to claim the child for tax purposes, regardless of the residency test. But for your current situation, it's like everyone is saying - only one of you can claim the child as a qualifying child, and usually that's the custodial parent (who the child lived with more). Also, look into the child and dependent care credit if either of you paid for childcare while working or looking for work. That's separate and has its own rules.
Do you know if a notarized agreement between the parents would work for this tax year? Or does it HAVE to be a formal court document? My friend and her ex just write up who claims which kid each year and get it notarized.
For married couples filing separately, a notarized agreement between parents typically won't override the IRS tiebreaker rules. The IRS generally looks at the actual facts (where the child lived, who provided support) rather than private agreements between married spouses. However, there is Form 8332 (Release/Revocation of Release of Claim to Exemption for Child by Custodial Parent) that allows the custodial parent to release their claim to the dependency exemption to the noncustodial parent. But this is usually used in divorce situations and has specific requirements. For your current tax year as a married couple filing separately, you'll likely need to follow the standard tiebreaker rules based on residency and support tests. The notarized agreement approach your friend uses might work better once there's a formal separation or divorce decree in place.
I see you're getting a lot of good advice here, but let me add something important that might help with your decision-making process. As others have mentioned, with MFS filing status, you're both ineligible for the Earned Income Credit regardless of who claims your daughter - that's a significant tax benefit you're losing. Given that your daughter lived with you for the majority of the year (10+ months), you would typically be the one eligible to claim the Child Tax Credit under the residency test. The fact that your husband provided more financial support doesn't override this requirement for the CTC. However, before you finalize your filing approach, you might want to run the numbers both ways: MFS with you claiming the CTC versus Married Filing Jointly. Even though you separated, you can still file jointly if you were married as of December 31st. Sometimes the overall tax savings from filing jointly (including potential EIC eligibility) outweigh the benefits of filing separately, even in separation situations. If there are reasons you absolutely must file separately (like wanting to keep finances completely separate or liability concerns), then yes, you should claim your daughter since she lived with you, and your husband cannot use the ODC as an alternative way to claim the same child.
Don't make this more complicated than it needs to be! Here's the simple version: 1) If anyone in the household has a regular medical FSA, nobody in the household can contribute to an HSA 2) If the FSA is limited to just dental/vision, then HSA is still allowed 3) If the FSA is "post-deductible" (only kicks in after meeting deductible), HSA is still allowed I went through this whole mess last year. Ended up having my wife decline her FSA so I could max out my HSA since the HSA has better long-term benefits (investment options + no "use it or lose it" rule).
But what about dependent care FSAs? Those are for childcare costs not medical right? Do those also make you ineligible for an HSA?
No, dependent care FSAs have absolutely no impact on HSA eligibility! They're completely separate because they cover childcare expenses, not medical expenses. You can absolutely have a dependent care FSA and an HSA at the same time without any problems. The rules only apply to healthcare FSAs that could potentially overlap with what an HSA covers. Dependent care is a whole different category in the tax code.
Just wanted to add another perspective for folks dealing with this FSA/HSA household issue - timing matters a lot for your decision! If you're currently in a situation where your spouse has a regular FSA that's disqualifying you from HSA contributions, don't forget that you can make changes during your spouse's next open enrollment period. Most companies have open enrollment in the fall for the following year's benefits. Also worth noting: if your spouse has a qualifying life event (like job change, birth of child, etc.), they might be able to switch from a regular FSA to a limited purpose FSA mid-year, which could open up HSA eligibility for you sooner than waiting for the next enrollment period. The key is planning ahead since these accounts have different contribution deadlines. HSA contributions can be made up until the tax filing deadline (usually April 15th), but FSA elections are typically locked in during open enrollment and can't be changed without a qualifying event. One strategy that worked for my family: we calculated the total tax savings from both scenarios (spouse FSA + my regular health plan vs. spouse limited FSA + my HSA) and found the HSA route saved us about $800 more per year, especially since we can invest HSA funds for long-term growth.
This is exactly the kind of strategic planning I wish I'd known about earlier! I'm curious about the investment aspect you mentioned - can you really invest HSA funds like a retirement account? My employer's HSA just seems like a regular savings account with a debit card. Also, when you calculated the $800 savings, did that include the potential investment growth from the HSA or just the immediate tax benefits? I'm trying to figure out if it's worth the hassle of having my husband switch his FSA during the next enrollment period.
The community wisdom on this is pretty consistent: run the numbers both ways before deciding. Most tax software allows you to calculate both scenarios before finalizing. In my experience, MFJ is better for about 95% of couples, but those 5% where MFS works better usually see SIGNIFICANT benefits that make it worthwhile. What's your specific concern about filing jointly vs separately?
As someone new to this community, I really appreciate all the detailed responses here! I had no idea about the rule that if one spouse itemizes when filing separately, both spouses must itemize - that's a crucial detail that could significantly impact the decision. One thing I'm curious about that hasn't been mentioned yet: how does the timing work if you want to change your mind? Like if you file separately in April but then realize joint would have been better, is there a way to amend and switch filing statuses for that tax year? Or are you locked in once you submit? Also, for anyone who has experience with both methods - how much more complicated is the paperwork when filing separately? Does it essentially double the work since you're preparing two returns instead of one?
I'm currently in the same situation - verified my Michigan identity on March 8th and trying to figure out the timeline. Reading through everyone's experiences here has been incredibly helpful! It sounds like the consensus is 19-24 days is the typical range, which would put me around March 31st-April 5th for my refund. I'm also new to Michigan taxes (moved from Arizona last year) and was completely caught off guard by the verification requirement since my federal refund came through so quickly. It's reassuring to know this is standard procedure and not an indication that something went wrong with my filing. The consistency of everyone's timelines gives me confidence that Michigan's system, while slower than federal, is at least predictable. I'll try to be patient and stop checking the "Where's My Refund" tool quite so obsessively!
I'm in almost the exact same situation! I verified my identity with Michigan on March 7th (just one day before you) and have been anxiously waiting for any updates. This is my first year filing Michigan taxes after moving here from Washington state, so I had no idea what to expect when they requested verification. Based on all the helpful experiences shared in this thread, it looks like we should both expect our refunds around the same time - late March to early April. It's really comforting to see that the 19-24 day timeline seems so consistent across different people's experiences. I've definitely been guilty of checking that "Where's My Refund" tool way too often too! At least now I know I'm not alone in this waiting game and that it's completely normal for Michigan's process.
I'm also going through this verification process right now! Just completed my identity verification with Michigan on March 10th after reading through all these helpful experiences. It's my first time filing Michigan taxes since moving here from Colorado last year, and I had no idea this verification step was so common. Based on everyone's shared timelines, it looks like I should expect my refund sometime around April 2nd-7th if the 19-24 day pattern holds true. I really appreciate how everyone has shared their actual dates and experiences - this is way more useful than the vague "processing times may vary" language on the Michigan Treasury website. It's reassuring to know that while the wait is longer than federal returns, the timeline seems fairly predictable. I'll try to resist the urge to check the "Where's My Refund" tool every day and just be patient for those 3-4 weeks!
PaulineW
One more important consideration that hasn't been mentioned - timing of your purchase within the tax year matters a lot for Section 179! Unlike regular depreciation which gets prorated based on when you buy during the year, Section 179 gives you the full deduction regardless of whether you buy in January or December. Since you mentioned needing to purchase in the next couple weeks, this actually works in your favor if you're planning to take Section 179. You'll get the full deduction for 2025 even if you buy the vehicle in late April. However, there's a catch - Section 179 has an overall annual limit (around $1.2 million for 2025, but phases out if you buy more than $3+ million in equipment total). For most small LLCs this isn't an issue, but if you're planning other major equipment purchases this year, you might want to prioritize which items get the Section 179 treatment. Also, just to add to what others said about heavy vehicles - the 6,000+ pound rule is based on the manufacturer's gross vehicle weight rating (GVWR), not the actual weight. You can usually find this on a sticker inside the driver's door frame. Many mid-size SUVs like Toyota 4Runner, Chevy Tahoe, Ford Explorer actually qualify even though they might not seem "heavy." Definitely keep all your purchase documents and start that mileage log immediately - the IRS is pretty strict about contemporaneous record keeping for vehicle deductions!
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Ana Rusula
โขThis is super helpful about the timing aspect! I didn't realize Section 179 wasn't prorated like regular depreciation. That's actually perfect timing for my situation since I was worried about "losing" part of the deduction by buying later in the year. Quick question about the GVWR - is this something I should specifically ask the dealer about when I'm shopping? I'm looking at a few different SUVs and want to make sure I'm comparing apples to apples from a tax perspective. Also, do certified pre-owned vehicles qualify for Section 179 the same way as brand new ones, or are there different rules for used vehicles? I'm definitely going to start that mileage log from day one - thanks for the reminder about contemporaneous records. The last thing I want is to get audited and not have proper documentation!
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Gabriel Freeman
โขYes, definitely ask about the GVWR when shopping! Most dealers will know this off the top of their head, but if not, it's always listed on the door placard or in the vehicle specs. Some vehicles are right on the borderline - like certain Honda Pilots are just under 6,000 lbs while others barely make it over depending on the trim level and options. Used vehicles absolutely qualify for Section 179 just the same as new ones! The deduction is based on what YOU pay for it (your basis), not the original purchase price. So if you buy a used SUV for $35,000 that originally cost $50,000, your Section 179 deduction would be based on the $35,000. This can actually be a sweet spot - getting a heavy vehicle that qualifies for the enhanced deduction at a lower cost basis. One thing to watch with used vehicles though - make sure you get good documentation of the purchase price and any dealer fees, since this becomes your depreciable basis. Also, if you're financing, only the purchase price counts for Section 179, not the total of all your loan payments including interest. Smart move on starting the mileage log immediately. I've seen people try to reconstruct their business miles months later and it never looks good to the IRS. Even if you think you'll remember every trip, trust me, you won't!
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Rajan Walker
Just wanted to add something that might help with your decision timeline - since you mentioned needing to purchase within the next couple weeks, consider getting pre-approved for financing now if you haven't already. This will give you more negotiating power and help you move quickly once you decide on a vehicle. Also, regarding the Section 179 vs. regular depreciation decision, there's another factor to consider: your LLC's current and projected income. Section 179 is most beneficial when you have sufficient income to absorb the large upfront deduction. If your LLC's income is lower this year but you expect it to grow significantly, spreading the deduction over several years through regular depreciation might actually be more tax-efficient. One more tip from my experience - when you do get that accountant, bring them your vehicle options before finalizing the purchase. They can run a quick analysis showing the tax impact of each option based on your specific situation. The few hundred dollars for that consultation could save you thousands in optimizing your vehicle choice and deduction strategy. Don't forget to factor in your state taxes too! Some states don't conform to federal Section 179 rules, so you might have different deductions for state vs. federal returns. Your future accountant can help with this, but it's worth keeping in mind as you make your decision.
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Leslie Parker
โขThis is really solid advice about getting pre-approved for financing first! I'm actually in a similar situation with my new LLC and hadn't thought about how my current vs. projected income should factor into the Section 179 decision. Quick question about state tax conformity - do you know if there's an easy way to check which states don't follow federal Section 179 rules? I'm in California and want to make sure I'm not missing something important. Also, when you mention bringing vehicle options to an accountant for analysis, what specific information should I gather beforehand to make that consultation most effective? I'm definitely leaning toward getting that professional input before making such a big financial decision, especially since the tax implications seem pretty complex once you factor in all these variables.
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