


Ask the community...
This is such a complex situation! I went through something similar when I was trying to qualify as a real estate professional while my husband had rental properties managed by a company. One thing that might help - since you're getting married in April, you'll want to be extra careful about documentation starting January 1st of this year. Even though you won't be married until April, if you're filing jointly for the tax year, ALL your hours from January 1st will count toward the 750+ requirement. For your farmhouse renovation, the key is proving business intent vs. personal use. Since you plan to sell it, keep detailed records showing this was always the business plan - purchase documents, renovation budget focused on profit maximization, maybe even get a before/after appraisal to show the business value you're adding. Regarding your fiancΓ©'s rental property - the beauty of the election to treat all rental activities as one is that you don't need to materially participate in EACH property individually. Your combined hours across all real estate activities (including your renovation work) can satisfy the material participation test for the entire portfolio. Just make sure you're tracking everything contemporaneously - date, time, specific activity. I learned that lesson the hard way! Also consider whether you might qualify under the "more than half your working time" test since you're a SAHM - that could actually work in your favor here.
This is really helpful, especially about the January 1st documentation! I hadn't thought about how filing jointly would affect the hour counting from the beginning of the year. Quick question about proving business intent for the farmhouse - we did buy it specifically because it was undervalued due to its condition, and I have the original listing and our purchase strategy notes. Would those help demonstrate business intent? Also, should I be getting formal appraisals done, or would contractor estimates of the value we're adding be sufficient for documentation? The "more than half working time" angle is interesting since I'm not working elsewhere. If my renovation work qualifies as real estate business activity, that would definitely be more than half my working hours!
Those purchase strategy notes and original listing documents are exactly what you need! They show your business intent from the beginning. I'd recommend getting at least one formal appraisal now (showing current condition) and planning another after completion - this creates a clear record of value added through your business activities. Contractor estimates can supplement this, but formal appraisals carry more weight if you're ever audited. Keep all receipts for materials and document major renovation milestones with photos and dates. You're absolutely right about the "more than half working time" test - as a SAHM focused on real estate renovation, this could be your strongest path to qualification. Just make sure you're tracking ALL your time spent on real estate activities, not just the hands-on renovation work. Research, planning, coordinating contractors, sourcing materials - it all counts toward your business hours. One more tip: consider setting up a separate business entity or at least a dedicated business bank account for your renovation activities. This further demonstrates business intent and makes record-keeping cleaner for tax purposes.
I've been following this thread and wanted to add some practical insights from my experience as a tax professional who frequently deals with real estate professional status claims. One critical point that hasn't been fully addressed is the timing of your marriage and how it affects your qualification. Since you're marrying in April, you'll need to be extra careful about how you structure your activities for the rest of the year. The IRS will look at your combined filing status, but they'll also scrutinize whether your real estate activities were truly "businesses" versus personal projects that became businesses after marriage for tax purposes. For your farmhouse renovation to count, you'll need to establish that it was a business from day one - not just something that became a business when you realized the tax benefits. Document everything: your business plan, market research showing why you chose this property, renovation budget focused on maximizing resale value, and keep detailed contemporaneous time logs. Regarding the 200+ unit rental property - the election to treat all rental activities as one is powerful, but be prepared for IRS scrutiny when combining a hands-off managed property with hands-on renovation work. You'll need to show some level of involvement in the rental business beyond just making the election. This could be reviewing management reports, making strategic decisions about the property, or participating in major decisions even if day-to-day management is delegated. The key is creating a clear paper trail that shows legitimate business activity, not just tax avoidance. Make sure every hour you claim is defensible and directly related to your real estate businesses.
Check your state laws too! Some states have additional protections for employee reimbursements. In California, for example, Labor Code Section 2802 requires employers to reimburse employees for all necessary expenses incurred while performing their job duties. Your state might have something similar.
Good point about state laws. Also, if enough money is involved across all drivers, might be worth consulting with an employment attorney. Many offer free initial consultations and might take a case like this on contingency if there's a clear violation.
This is a frustrating but unfortunately common issue in the delivery industry. Your employer is definitely making a mistake that's costing everyone money. When mileage reimbursements are handled correctly under an "accountable plan," they should be completely tax-free for both you and your employer. The key requirements for an accountable plan are: 1) the reimbursement must be for legitimate business expenses, 2) employees must substantiate the expenses (like tracking miles), and 3) any excess reimbursements must be returned. Since you're getting paid below the federal mileage rate and presumably tracking your deliveries, this should easily qualify. I'd suggest documenting everything - your actual mileage, the reimbursement rate you're receiving, and how it's being reported on your paystubs. Then approach your employer with IRS Publication 463 which clearly explains how mileage reimbursements should work. Emphasize that fixing this will save THEM money too on payroll taxes. If that doesn't work, you might need to file amended tax returns for previous years to recover overpaid taxes, though that's more complicated. The main thing is getting it fixed going forward so you're not artificially inflating your taxable income with money that's just covering your car expenses.
This is really helpful advice! I'm wondering though - when you say "file amended tax returns for previous years," how far back can you actually go? And is there a statute of limitations on getting those overpaid taxes back? I've been dealing with this same issue for about 2 years now and I'm curious if it's worth the hassle to try to recover those past overpayments or if I should just focus on getting it fixed going forward. Also, do you know if there are any penalties for employers who consistently misclassify reimbursements like this? It seems like if it's such a clear-cut issue, there should be some consequences for businesses that keep doing it wrong.
Hey Connor! I totally get your frustration - this whole process is way more confusing than it should be. Since you mentioned you're relatively new to US taxes, here's the key thing to remember: when you chose to have H&R Block take their fees from your refund (the Refund Transfer option), your money takes a detour through Pathward before reaching you. Think of it like this: IRS β Pathward (fees extracted) β Your bank account You can't log into Pathward because it's not a real account for you - it's just a temporary processing station. To track everything, stick to these two reliable sources: 1. **H&R Block account** - Shows if your return was accepted and processed 2. **IRS Where's My Refund tool** - Shows the actual status from the government side Don't stress too much about the timing either - even though it feels like forever, the whole process typically takes 2-3 weeks total. The fact that you're being proactive about tracking it shows you're doing everything right! Hope this helps clear up the confusion! π
@85ecf604042e This is such a helpful breakdown! As someone who just went through my first tax season last year, I wish I had found this explanation earlier. The analogy of Pathward being like a "processing station" really clicks for me. I spent way too much time trying to create some kind of Pathward account that doesn't exist. One thing I'd add for other newcomers - don't panic if the IRS tool shows "sent" but you haven't received your refund yet. That 2-3 day processing window at Pathward feels like forever when you're waiting for your money!
@297b08930051 I completely understand your confusion! This whole Pathward situation trips up so many people every tax season. Here's the simple truth: you can't and don't need to access any Pathward account - it literally doesn't exist for consumers. What's happening is that when you chose to have H&R Block deduct their fees from your refund, your money goes: IRS β Pathward (temporary holding/fee extraction) β Your actual bank account. Pathward is just the behind-the-scenes processor. To check your status: β’ Log into your H&R Block online account β’ Look for "Check Refund Status" or "E-file Status" β’ Use the IRS "Where's My Refund" tool directly The H&R Block portal will show if they've received your refund and deducted their fees. The IRS tool shows when they actually sent it out. Don't feel bad about being overwhelmed - the tax prep companies intentionally make this process confusing! You're asking all the right questions, and once your refund processes (usually within 21 days), you'll have a much clearer picture of how it all works for next year.
@f0db9d4314a5 This is exactly the kind of clear explanation I needed when I was going through this process! You've really simplified what feels like such a complicated system. I think what makes it even more confusing for newcomers like me is that H&R Block doesn't really explain upfront that choosing the "pay fees from refund" option means your money takes this detour through a third-party bank. They just present it as a convenient payment option without mentioning you'll be wondering where your refund went for days! Thanks for breaking down the actual steps to check status - I'm going to bookmark this thread for next year.
Has your husband been in the US continuously since you got married? Because that affects whether he's considered a resident alien or non-resident alien for tax purposes. If he passes the substantial presence test (basically in the US for 183 days or more in a year), he might actually be considered a resident alien for tax purposes regardless of his immigration status. This matters because resident aliens are taxed on worldwide income, while non-resident aliens are only taxed on US-source income. It completely changes the approach to addressing the back taxes.
This is such an important point that people miss! My husband was technically undocumented for years but because he was physically present in the US, he was considered a resident alien for tax purposes and we had to file that way once we got things straightened out.
I want to emphasize something that might get overlooked in all the technical discussion - don't panic about this situation. While it's complex, the IRS generally works with taxpayers who are making good faith efforts to come into compliance. Given the complexity of your situation (married filing status issues, NRA determination, 20 years of unfiled returns), I'd strongly recommend working with an Enrolled Agent or CPA who specializes in international tax matters. They can help you prioritize which issues to address first and in what order. One thing to consider is that your husband may not actually owe taxes for all those years - if his income was below certain thresholds or if tax treaties apply based on his country of origin, some years might not have required filing at all. The key is getting professional guidance to navigate this systematically rather than trying to tackle everything at once. Start with getting him an ITIN, correcting your recent filing status, and then working backward through the most critical years. This isn't insurmountable - it just needs a careful, strategic approach.
Justin Trejo
Has anyone seen actual text from the proposal? All I can find are news articles ABOUT the proposal but not the actual details. Would love to read the source document if anyone has it.
0 coins
Alana Willis
β’Check the Treasury Green Book - it's where detailed tax proposals from the administration are published. The most recent one should have the retirement account proposals. You can find it on the Treasury Department website.
0 coins
Amara Nnamani
I've been following this discussion closely as someone who's also trying to understand these proposed changes. What strikes me is how much misinformation is circulating about this topic. From my research, the key thing people are missing is that this isn't really about "taxing 401k contributions" - it's about changing the tax incentive structure from deductions to credits. Under the current system, if you're in the 32% tax bracket, you save 32 cents per dollar contributed. Under the proposed credit system, everyone would get the same percentage benefit regardless of income level. For most middle-class earners, this would actually be a tax cut, not an increase. The "harm" only comes to high-income earners who currently get outsized tax benefits from retirement contributions. Regarding the original poster's concern about employer profit-sharing contributions - these would still be treated as pre-tax contributions that get taxed upon withdrawal, just like today. The credit system would apply to how much tax benefit you get from making those contributions, not when they're taxed. It's frustrating how complex tax policy gets distorted in the media cycle. The actual proposal is much more nuanced than "Biden wants to tax your 401k.
0 coins