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Sean, it sounds like you have a really strong case for Head of Household filing status! Based on what you've described - separated since June (meeting the 6-month rule), kids living with you 85% of the time, and you paying most expenses including the mortgage - you definitely meet the IRS requirements. One practical tip: keep detailed records of all the household expenses you've paid (mortgage, utilities, groceries, childcare, etc.) and document the kids' living arrangements. Even though the IRS doesn't require upfront documentation, having this organized will give you peace of mind and be helpful if any questions come up later. Your ex is technically wrong about needing to file jointly - being legally married doesn't prevent you from filing HOH if you meet the other requirements. The tax benefits of HOH (higher standard deduction, better tax brackets, and more favorable credit phase-outs) will likely save you significantly compared to either filing jointly or married filing separately. Just make sure you communicate with your ex about who's claiming which kids to avoid any duplicate claims that could trigger IRS attention.
This is really helpful Omar! As someone new to this community, I'm amazed at how much detail everyone provides. Sean, one thing I'd add is to also keep records of any child support payments (if applicable) since those can affect the "more than half" household cost calculation. Also, if your ex does end up filing his own return, make sure you both use the same dependent information (like Social Security numbers) consistently to avoid processing delays. The IRS systems will flag mismatches pretty quickly these days.
As a newcomer to this community, I'm really impressed by the detailed advice everyone's sharing! Sean, it definitely sounds like you qualify for Head of Household status based on your situation. One thing I'd add that I learned from my own divorce process - make sure to keep a calendar or journal documenting which days the kids were with you versus your ex. The IRS uses the "more than half the year" test (183 days), and having clear records can be crucial if there's ever a dispute. Also, since you mentioned your ex wants to file jointly "one last time," remember that you both have to agree to file jointly - you can't be forced into it just because you're still legally married. The tax savings from HOH status are usually substantial, especially with two kids. Don't let the complexity intimidate you - it sounds like you have a straightforward case that meets all the requirements!
Great point about keeping a calendar, Brady! I'm new here too and finding all this advice so valuable. Sean, another thing to consider - if you do decide to document the days, you might want to include not just overnight stays but also who was responsible for school pickups, medical appointments, and other daily care activities. The IRS looks at the "custodial parent" as the one who provided the primary home, but having evidence of day-to-day caregiving responsibilities can strengthen your position if questions ever arise. It sounds like you're already doing most of the heavy lifting financially and practically, so HOH really seems like the right choice for your situation.
Just wanted to add my experience since I went through this exact situation last year with my daughter. I paid her $425 for social media help with my consulting business. I ended up putting it on line 48 (Other expenses) with the description "Contract services - family member" after consulting with a CPA. The reasoning was that it provides clearer documentation for the IRS about the nature of the payment, especially since no 1099 was issued. One thing I learned that might help others - make sure you and your daughter are consistent about how you both report this. I reported it as a contractor payment on my Schedule C, so she needed to report it as self-employment income on her Schedule C (even though it was under $600). The IRS can cross-reference these if they want to, so consistency is key. Also, even without a formal contract, I created a simple written record of what work she did and when, along with copies of her deliverables (social media posts, graphics she made, etc.). This gave me solid backup documentation in case of questions later. The amount doesn't matter for deduction purposes - you get the same $387 deduction whether it goes on line 11 or line 48. It's really just about clear documentation and making sure both parties report consistently.
This is really helpful! I'm new to running a small business and have been worrying about getting everything exactly right. Your point about consistency between both tax returns makes a lot of sense - I hadn't thought about the IRS potentially cross-referencing them. Quick question: when you created that written record of her work, did you have her sign it too, or was it just your own documentation? And did you pay her by check or cash? I'm trying to figure out the best way to document the payment trail for my records. Also appreciate the reminder that the deduction amount is the same either way - I was getting caught up in thinking one method might be "more correct" than the other when really it's just about documentation clarity.
I've been dealing with similar questions about family member payments for my home-based business. One thing that helped me was understanding that the IRS doesn't really care which line you use (11 vs 48) as long as the expense is legitimate and properly documented. What I found most important was creating a clear paper trail. Even for small amounts like your $387, I recommend: 1. Write up a simple agreement or work order describing what your daughter did 2. Keep records of when the work was performed 3. Document how you paid her (check, Venmo, etc.) 4. Have her create basic invoices for the work The "Other expenses" approach on line 48 with a description like "Contract services - family member" or "Freelance work - under $600" seems to be the preferred method among tax professionals I've spoken with. It's more transparent and less likely to raise questions since you're clearly indicating this was a small contractor payment that didn't require a 1099. Just make sure your daughter reports it correctly on her return. If this was her only freelance income and she's not running a regular business, she might be able to report it as "Other income" instead of setting up a whole Schedule C, which could save her from self-employment taxes.
This is exactly the kind of practical advice I was looking for! I really like your point about creating a clear paper trail even for smaller amounts. Your checklist approach makes it feel much more manageable. One follow-up question - you mentioned that if this was her only freelance income, she might be able to report it as "Other income" instead of Schedule C to avoid self-employment taxes. Is there a specific threshold or rule that determines when someone should use Schedule C vs Other income? My daughter doesn't have any other business income, so this could potentially save her some money if it applies to our situation. Also, thanks for the specific wording suggestions for line 48. "Freelance work - under $600" seems like it would be very clear to anyone reviewing the return about what this expense represents.
Hey Isabella! I was in the exact same boat last year with my Uber Eats and DoorDash income. The good news is you don't need to stress about separating tips from base pay - they're all treated as self-employment income on your taxes. Here's what I learned: Your entire 1099-K amount ($24,680) goes on Schedule C as gross receipts. The IRS doesn't care how much was tips versus base pay because you're an independent contractor, not an employee. What REALLY matters is tracking your business expenses to offset that income. I saved over $3,000 in taxes by properly deducting: - Mileage (this is huge - 67 cents per business mile for 2024) - Phone bill percentage used for work - Hot bags, car phone mounts, etc. - Car maintenance and repairs - Even a portion of car insurance For mileage, if you didn't track everything, try using your delivery history to estimate. Count your total deliveries and multiply by average miles per delivery (usually 3-5 miles depending on your area). TurboTax will walk you through Schedule C step by step when you select "self-employment income." Don't overthink the tip separation - focus on maximizing your legitimate business deductions instead!
Thanks Paolo! This is super helpful. I'm relieved I don't need to separate the tips. Quick question - when you say "phone bill percentage used for work," how do you figure out what percentage to use? I use my phone for the delivery apps but also personal stuff obviously. Is there like a standard percentage or do I need to track actual usage somehow? Also, do you know if car washes count as a business expense? I definitely wash my car more often now that I'm delivering food to people!
Isabella, I totally get the panic about that 1099-K amount! I went through the same thing my first year doing gig work. Everyone here is right - you don't need to separate tips from base pay for tax purposes since you're an independent contractor. One thing that might help ease your mind: that $24,680 is your GROSS income, not what you'll actually pay taxes on. After you deduct business expenses on Schedule C, your taxable income will be much lower. Since you mentioned using TurboTax, here's a tip that saved me tons of time: When you get to the self-employment section, TurboTax will ask about your business expenses in plain English. It'll specifically ask about vehicle expenses, and you can choose between actual expenses or the standard mileage deduction (usually better for gig workers). Don't forget about smaller expenses that add up: insulated bags, phone chargers, even hand sanitizer you bought for deliveries. Keep receipts going forward, but for this year, try to estimate what you spent on delivery-related items. The key is being reasonable and honest about your deductions. The IRS expects gig workers to have these types of expenses, so don't be afraid to claim legitimate business costs that helped you earn that income!
This is exactly the reassurance I needed! The idea that my taxable income will be much lower after deductions makes me feel so much better. I was literally losing sleep thinking I'd owe thousands in taxes on that $24,680. Quick question about the hand sanitizer and small items - do I need receipts for everything or can I estimate some of the smaller purchases? I definitely bought tons of sanitizer, extra phone chargers, and even got a car organizer specifically for deliveries, but I don't have receipts for all of it. Also, when TurboTax asks about vehicle expenses, should I definitely go with the standard mileage deduction? I haven't been tracking my actual car expenses like gas receipts and maintenance costs separately.
The "As of date" essentially tells you when the IRS last updated your account in their system. It's not your filing date - that stays the same regardless. Think of it as a timestamp showing when they last processed any activity on your account. Since you filed an amended return in March, that definitely triggered updates to your account, which is why you're seeing the "As of date" change. During the amendment process, this date will update periodically as your return moves through different stages of review and processing. One thing that helped me understand my transcript better was looking at the transaction codes alongside the "As of date." Different codes tell you what type of processing is happening. For amended returns, you'll typically see codes like 976 (amended return received) and eventually 846 (refund issued) if you're getting money back. The 16-20 week timeframe is accurate for most amended returns, but your "As of date" will give you clues about progress. If it starts jumping forward more frequently or by larger increments, that usually means your amendment is moving through the final review stages.
This is really helpful! I've been staring at my transcript for weeks trying to figure out what all those codes mean. You mentioned code 976 for amended returns - is there a way to know what stage my amendment is in based on the codes? My transcript shows a 976 from when I filed in March, but I'm not sure if there are other codes I should be looking for that would indicate it's moving through the system.
@AstroAdventurer Great breakdown of the "As of date" concept! After dealing with my own amended return confusion last year, I learned that there are indeed specific codes that can help track your amendment's progress. Beyond the 976 code you mentioned, look for code 971 - this usually appears when your amendment enters manual review. If you see a 570 code, that typically means your refund is on hold pending review completion. The code you really want to see is 571, which often indicates the hold has been released and your refund should process soon. @Sergio Neal - The progression usually goes 976 received (ā) 971 under (review ā) sometimes 570 hold (ā) 571 hold (released ā) 846 refund (issued .)Not every return will show all these codes, but they can definitely help you understand where you are in the process. The timing between these codes can vary wildly - I ve'seen people get from 976 to 846 in 8 weeks, while others wait the full 20 weeks.
The "As of date" can be really confusing at first! I went through the same thing with my amended return last year. Basically, it's just the IRS's way of saying "this is how current your account information is as of this date." What threw me off initially was thinking it had something to do with my actual filing date, but it doesn't. Your January 27th filing date is still recorded separately in their system. The "As of date" is more like a processing timestamp that updates whenever the IRS does anything with your account. Since you filed an amendment in March, that created new activity on your account, which is why you're seeing updates. The date will probably continue to change periodically as your amended return works its way through their system. Sometimes it jumps forward by just a week or two (normal processing cycles), and sometimes it can jump ahead by months when they're actively working on your case. One tip: if you see the date suddenly jump way forward or start updating more frequently, that's usually a good sign that your amendment is progressing through their review process. The waiting is definitely the hardest part, but at least you know it's in their system and moving along!
Thanks for sharing your experience! I'm going through something similar right now - filed my original return in February and then had to amend in April when I realized I missed some 1099 income. My "As of date" has been jumping around and I wasn't sure if that was normal or if something was wrong. It's reassuring to hear that the frequent updates can actually be a good sign. I've been checking my transcript obsessively (probably not healthy lol) and seeing the date change every couple weeks was making me nervous. Now I understand it's just their system processing things in cycles. Did you end up getting your amended refund within the 16-20 week timeframe they quote, or did it take longer? I'm trying to manage my expectations since I know amendments take way longer than regular returns.
@StarSailor I actually got my amended refund in about 14 weeks, which was faster than I expected! The key thing I learned was to watch for patterns in how the "As of date" changes. @Anastasia Popov I totally get the obsessive transcript checking - I was doing the same thing! What I noticed was that when my amendment was getting close to completion, the As "of date started" updating more frequently AND I started seeing new transaction codes appear. The combination of both happening together seemed to be the real indicator that things were moving toward resolution. One thing that might help with managing expectations: if your As "of date stays" the same for 3-4 weeks straight, that usually just means your return is sitting in a queue waiting for review. But when it starts moving again, especially if you see it jump forward by a month or more, that s'when you know someone is actually working on your case. The waiting is brutal, but try not to stress too much about the timeline - amendments are just inherently slow!
Brielle Johnson
Pro tip from someone who went through this exact situation last year - make copies of EVERYTHING before you mail those returns! I mean every single page, including all your W-2s, 1099s, and any supporting documents. The IRS processing centers can be slow with prior year returns (mine took about 16 weeks to process), and if they have questions or need additional documentation, you'll want to have copies ready to send. Also, keep detailed records of when you mailed each return with your certified mail receipts. One more thing - if you discover you made errors on any of those prior year returns after you've already mailed them, you can file amended returns (Form 1040X) to correct them. Just make sure to wait until the original returns are fully processed first before filing any amendments.
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Dylan Hughes
ā¢Thanks for the detailed advice! The 16-week processing time is good to know - I was wondering how long it might take. Quick question: when you say to wait until the original returns are processed before filing amendments, how do you know when they're fully processed? Do you get some kind of confirmation from the IRS, or do you just have to wait the full 16 weeks?
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Ruby Garcia
ā¢You'll know your original return is processed when you can see it reflected in your IRS online account transcript, or when you receive any correspondence from the IRS about that return (like a notice of assessment or refund check). You can also call the IRS to check processing status, though as others mentioned here, getting through can be challenging. The key thing is not to file the 1040X amendment until the IRS has the original return in their system. If you file the amendment too early, it can cause confusion and delays since they won't have the original to compare it against. I learned this the hard way when I tried to rush an amendment for my 2020 return! Also worth noting - if you're owed additional refunds from your amendments, those can take even longer to process than the original late returns, sometimes 12-16 weeks additional processing time.
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Natasha Ivanova
Just wanted to add a quick note about something that caught me off guard when I filed my late returns - make sure you're using the correct standard deduction amounts for each tax year! The standard deduction changes annually, so don't accidentally use the 2023 amounts on your 2021 or 2022 forms. For 2021: Single filers had a $12,550 standard deduction, married filing jointly was $25,100 For 2022: Single was $12,950, married filing jointly was $25,900 I almost made this mistake and would have either overpaid or underpaid my taxes. The IRS forms for each year should have the correct amounts printed on them, but it's worth double-checking since you're working with multiple years of forms at once. Also, if you moved between states during any of those years, make sure you're filing part-year resident returns for the correct states. I had to file returns in both Maryland and Virginia for 2022 since I moved mid-year, and figuring out the income allocation was trickier than I expected.
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FireflyDreams
ā¢Great point about the standard deduction amounts! I hadn't thought about that changing year to year. This is exactly the kind of detail that would trip me up. The state filing situation sounds complicated too - did you have to pay taxes to both states for that year, or were you able to get credits to avoid double taxation? I'm staying in Virginia for all the years I need to file, but I'm curious how that works for people who moved. Thanks for sharing those specific deduction amounts - I'm going to write those down so I don't mix them up when I'm filling out the forms.
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