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Ask the community...

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Lucas Turner

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Hi, I'm a green card holder who had this exact situation for 3 years. I filed every year even with no income to report. When I applied for citizenship, the officer specifically asked for all my tax returns and seemed pleased I had consistently filed, even with zeros. Just my personal experience, but I'd 100% recommend filing.

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Kai Rivera

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Did you use a tax professional or did you file yourself? Was it complicated?

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Lucas Turner

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I filed myself using the free version of TurboTax. It was super simple - the software walks you through everything, and with no income to report, you basically just enter your personal information and a bunch of zeros. Takes maybe 30 minutes tops. The first year I was nervous about making mistakes, but it's really straightforward. The software asks if you have income from various sources, you say no to everything, and it prepares a very basic return. When I had my citizenship interview, I just brought printed copies of all my returns, and the officer checked them off their list.

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I went through this exact situation with my brother who's a green card holder. After researching extensively and consulting with an immigration attorney, here's what I learned: Technically, if your spouse truly has zero income and falls below the filing threshold, they're not legally required to file. However, there are several compelling reasons to file anyway: 1. **Immigration benefits**: When applying for citizenship, USCIS often requests tax transcripts as evidence of compliance with U.S. laws. Having a consistent filing history, even with zero income, demonstrates good faith effort to follow tax obligations. 2. **Documentation**: Filing creates an official record that your spouse was present in the U.S. and aware of their tax responsibilities, which can be valuable for future immigration processes. 3. **No penalties**: There's no downside to filing a zero return - it's free using IRS Free File options and takes minimal time. 4. **Peace of mind**: Eliminates any uncertainty about compliance and creates a paper trail showing responsible behavior. My brother filed zero returns for two years before getting work authorization, and during his citizenship interview, the officer specifically asked for tax returns. Having them available made the process much smoother. I'd strongly recommend filing - it's a simple safeguard that protects their immigration status.

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StarStrider

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This is really helpful advice! I'm wondering though - when you say "filing creates an official record that your spouse was present in the U.S." - does this mean the IRS shares information with immigration services? I'm curious about how exactly these agencies communicate with each other and whether there are any privacy concerns green card holders should be aware of when it comes to tax filings.

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If your son's babymama (the ex) was the custodial parent for part of the year before the divorce was finalized, make sure she's not planning to claim the child too. Could cause major headaches. Whoever has the child for more nights during the year is considered the custodial parent for tax purposes, regardless of what the divorce decree says!! Just speaking from experience...caused me a 3 month refund delay last year.

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This is a complex situation that requires careful planning to maximize your family's tax benefits. Based on what you've described, here are the key considerations: **For claiming your son as a dependent:** Since he's working part-time (about 14 hours weekly) and receiving minimal child support, his total income is likely well under the $4,800 threshold for 2024. If you're providing more than half his support (food, housing, etc.), you can claim him as a qualifying relative. **For your granddaughter:** This is where strategy becomes important. You have two main options: 1. **You claim both:** You get dependency exemptions for both, but miss out on EIC benefits since your income is likely too high. 2. **Split approach:** You claim your son as a dependent, but let him file his own return claiming your granddaughter. He could potentially receive significant EIC benefits (up to $3,995 for one child in 2024) plus the refundable portion of the Child Tax Credit. **My recommendation:** Run the numbers both ways. The "split" approach often works better financially for families in your situation because the EIC and Child Tax Credit benefits for lower-income filers can exceed the dependency exemption value for higher-income taxpayers. Also verify the custody timeline - since the divorce was finalized in November and he got primary custody, make sure your granddaughter lived with your household for more than half the year to avoid conflicts with the ex-wife's potential claim. Consider consulting a tax professional to run both scenarios with your actual numbers.

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Yara Abboud

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This is really helpful advice! I'm curious about the timing aspect you mentioned. Since the divorce was finalized in November and they've been living with Connor since April, that should definitely meet the "more than half the year" test for the granddaughter, right? Also, when you mention running the numbers both ways, are there any free calculators or tools that can help compare these scenarios? I imagine it's pretty complex to figure out the optimal approach without actually preparing both returns. @b81bfc1fa5fb Thanks for breaking this down so clearly - the split approach concept makes a lot of sense!

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One thing nobody mentioned yet - if your property is in a federally declared disaster area and the damage relates to that disaster, different rules might apply. Worth checking if your water damage was from a qualifying event, as this can change how you can deduct certain expenses.

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Exactly right. My rental was damaged in the 2023 hurricanes and I was able to take casualty loss deductions that wouldn't normally be available. It's worth checking FEMA's website to see if your area had any declarations.

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Based on your description, this sounds like it could qualify as repairs rather than improvements since you're restoring the property to its previous condition due to necessary fixes. The key is documenting that these expenses are restoring damaged elements rather than upgrading them. A few important considerations for your $25,000+ project: 1. **Document everything thoroughly** - Take extensive photos of the damage before work begins, get written assessments from contractors stating the work is necessary for habitability, and keep detailed invoices showing exactly what was repaired vs. replaced. 2. **Consider the "restoration" rules** - The IRS has specific guidance on when extensive work qualifies as restoring property to its previous condition rather than improving it. Since your ceiling is collapsing and walls have water damage, this strengthens your case. 3. **Break down your expenses** - Some portions might be deductible repairs while others could be capital improvements. For example, if you're replacing damaged drywall with identical materials, that's likely a repair. But if you upgrade to higher-quality materials, that portion might be an improvement. 4. **Look into the Safe Harbor election** - If your property qualifies, you might be able to immediately deduct improvements under certain thresholds rather than depreciating them. Given the complexity and dollar amount involved, I'd strongly recommend consulting with a tax professional who specializes in rental property before starting the work. They can help you structure the project and documentation to maximize your deductions while staying compliant with IRS rules.

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This is really helpful advice! I'm curious about the "restoration" rules you mentioned - where can I find the specific IRS guidance on this? I want to make sure I understand exactly what qualifies before I start this project. Also, when you say "break down expenses," do you mean I should get separate invoices for different types of work, or is it more about how I categorize things on my tax return?

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I actually had a similar concern when I first started filing early a few years ago. What helped ease my mind was understanding that the IRS processes millions of 941 forms and they're really looking for mathematical errors, missed payments, or inconsistencies - not the timing of when you filed. The key things that would actually trigger flags are: significant discrepancies between quarters without explanation, math errors on the form, or patterns that suggest underreporting of wages. Filing early when you genuinely have no more payroll activity is actually considered responsible business practice. If you're still nervous about it, you could always call the IRS business tax line to confirm (though getting through can be challenging). But based on everything I've read and experienced, you're absolutely fine to file now if you're certain about no additional wages this quarter.

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Liam McGuire

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I can definitely relate to wanting to get everything wrapped up before the year ends! I've been in your exact situation and can confirm that filing your 941 early is absolutely fine when you know you won't have additional payroll activity. One thing that might give you additional peace of mind - when I filed my Q4 2023 form in mid-December, I actually received my processing confirmation from the IRS faster than usual. I think this is because they're not as swamped with returns in December compared to their January rush. Just make sure you're confident about no more wages for the quarter. I always double-check things like year-end bonuses, final expense reimbursements, or any contractors who might need to be paid before December 31st. Once you're certain, go ahead and file - it's much better than scrambling in January when you're dealing with other year-end tax deadlines. The IRS actually appreciates businesses that are proactive about their tax obligations rather than waiting until the last minute. You're showing good faith by filing promptly when your obligations are complete.

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Skylar Neal

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This is really helpful! I'm in a similar boat with wanting to close everything out before year-end. Quick question - when you say you received processing confirmation faster, do you mean the IRS sends some kind of acknowledgment that they received your 941? I've never gotten anything like that before, so I'm wondering if I should expect something or if no news is good news. Also, great point about double-checking bonuses and contractor payments. I almost forgot about a small year-end bonus I was planning to give my part-time employee. Better to wait until after I pay that to file the 941!

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Do Robinhood wash sale rules apply differently to options trading?

Hi everyone, wanted to get some insight on a frustrating tax situation with my options trades. I'll simplify the numbers to make this easier to understand. Last year I made around $110,000 trading stock options on Robinhood, with a cost basis of approximately $125,000. My total wash sales according to Robinhood are about $5,000, giving me a net loss of around $8,000. But because of these wash sales, instead of reporting the full $8k loss, they're only showing a $3k loss on my 1099. Most of these wash sales were from day trading options contracts that I either sold at a loss or that expired worthless. I've already contacted Robinhood support and they just told me to "talk to a tax professional" (super helpful, right?). I'm planning to speak with my buddy's wife who does tax work, but thought I'd check here first. I'm particularly confused about one stock - PYPL. I never repurchased the PYPL options that triggered the wash sale, yet Robinhood didn't adjust my cost basis for my existing stock position. Even weirder, the total contract profit/loss for PYPL shows $0.00, which makes no sense. When I asked about this, the customer service rep just said "someone would look into it"... My main question: With stocks, I know you can trigger a wash sale but still claim the loss if you sell the position and don't rebuy within 30 days. But with options, can you permanently lose the tax deduction by triggering a wash sale? Does Robinhood handle this correctly?

I've been dealing with similar issues with Robinhood's options wash sale reporting. One thing that helped me understand the problem better was pulling my own trade history and manually calculating what should and shouldn't be wash sales based on the IRS criteria. For options, the key factors are: same underlying stock, same strike price, AND same expiration date. If any of these differ, there's a strong argument that they're not "substantially identical." However, Robinhood's system seems to flag anything with the same underlying as a potential wash sale, which is overly broad. In your PYPL case, if you never repurchased options with identical terms within the 30-day window, those definitely shouldn't be wash sales. The $0.00 profit/loss display is almost certainly a system glitch - I've seen this happen when their automated calculations get confused by expired contracts. My advice: Document everything with specific transaction dates and contract details. When you contact support, reference the specific IRS Publication 550 language about "substantially identical securities" and ask them to review each flagged transaction individually rather than relying on their automated system. It's frustrating, but the squeaky wheel gets the grease with Robinhood. Keep escalating until you reach someone who actually understands options taxation rather than just reading from a script.

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This is really helpful advice! I'm new to options trading and had no idea about the specific criteria for "substantially identical" securities. I've been getting wash sale flags on what seem like completely different contracts just because they're for the same underlying stock. Quick question - when you say "same expiration date," does that mean the exact same expiration, or would weekly options vs monthly options for the same week potentially be considered different? I've been trading both SPY weeklies and monthlies and I'm wondering if that affects the wash sale treatment. Also, has anyone had success citing IRS Publication 550 specifically when dealing with Robinhood support? I'm wondering if mentioning specific tax code sections actually helps or if their first-level support just ignores it.

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Great question about the expiration dates! Yes, it needs to be the exact same expiration date for the IRS to consider options "substantially identical." So SPY weeklies expiring on Friday and SPY monthlies expiring that same Friday would be considered the same, but weeklies vs monthlies with different expiration dates would not trigger wash sales. Regarding citing IRS Publication 550 - it definitely helps, but you need to get past the first-level support. The initial chat representatives usually don't understand tax regulations and will just give you generic responses. However, once you get escalated to their tax specialist team (which you can request specifically), mentioning Publication 550 Section 4 about wash sales and providing the specific language about "substantially identical securities" carries a lot more weight. I'd recommend having the exact quote ready: "Substantially identical securities include the same stock in the same corporation." For options, this has been interpreted to require same underlying, strike, AND expiration. The more specific you can be with regulatory citations, the more likely they are to take your case seriously and actually review the transactions rather than just defending their automated system. One tip: when you escalate, specifically ask to speak with someone who handles "complex options taxation issues" rather than general customer service. That usually gets you routed to someone with actual knowledge of these rules.

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I've been following this thread closely as I'm dealing with a similar situation. Just wanted to add another perspective on the "substantially identical" issue that might help others. I had a case last year where I was trading AAPL options - sold some $150 calls expiring in March at a loss, then bought $155 calls expiring in April within the wash sale period. Robinhood flagged this as a wash sale, but when I challenged it, they eventually agreed it shouldn't have been flagged since both the strike price AND expiration date were different. The key insight I learned from my tax attorney is that the IRS applies the "substantially identical" test very strictly for options. Even a $5 difference in strike price or one day difference in expiration is enough to make them NOT substantially identical. This is different from stocks where small differences might still be considered substantially identical. What really helped me was creating a simple table showing: - Original contract: Underlying, Strike, Expiration, Sale Date - Replacement contract: Underlying, Strike, Expiration, Purchase Date - Days between transactions - Why they're NOT substantially identical This visual format made it much easier for Robinhood's tax team to understand why their automated system was wrong. I'd recommend anyone dealing with this issue to document it the same way - it really cuts through the confusion and gives them something concrete to work with. For what it's worth, after getting my corrected 1099, my additional deductible losses were about $8,400. Definitely worth the effort to fight these incorrect wash sale designations.

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Derek Olson

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This is exactly the kind of systematic approach I needed to see! Thank you for sharing that table format - it makes so much sense to document it visually rather than trying to explain it in paragraphs. I'm dealing with a similar situation where Robinhood flagged SPY options as wash sales even though they had different strikes and expirations. Your example with AAPL gives me confidence that these should definitely be challengeable. Quick follow-up question: when you submitted this to Robinhood, did you go through regular support channels or did you have to escalate to get someone who understood the nuance? And roughly how long did the whole process take from initial challenge to receiving the corrected 1099? Also, did your tax attorney charge a lot for helping with this? I'm trying to weigh whether it's worth getting professional help or if the documentation approach you described is enough to handle it myself.

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