


Ask the community...
Has anyone considered that filing separately might actually be better in some cases? My cousin was in this exact situation but filing separately ended up saving them money because of income-based student loan repayments. Might be worth running the numbers both ways.
This is really good advice. I almost automatically filed jointly with my non-working spouse but then realized I'd lose my income-based repayment qualification on my student loans. The tax savings from joint filing was about $1,800 but my student loan payments would have increased by over $300/month. Do the full calculation!
Great question! I went through this exact situation two years ago with my husband who was on a dependent visa with no work authorization. Filing jointly was definitely the right choice for us - the standard deduction alone saved us thousands. One thing I'd add that hasn't been mentioned yet: make sure you understand the "resident for tax purposes" rules. Even if your spouse doesn't have a green card or work permit, they might still be considered a resident for tax purposes if they pass the substantial presence test or if you make the election to treat them as a resident. This can affect which forms you need to file. Also, keep really good records of your spouse's immigration documents and any correspondence with USCIS. I found it helpful when preparing our taxes to have everything organized, especially since some tax software gets confused when you have a spouse with an ITIN instead of an SSN. The process is definitely manageable, but don't hesitate to consult a tax professional who has experience with immigrant tax situations if you run into any complications. It's worth the peace of mind!
What about taxation issues related to cannabis businesses? Perfect research topic with tons of complexity. Since it's federally illegal but legal in many states, these businesses face unique tax challenges, especially with 280E limitations on business deductions. Multiple tax court cases address what expenses can be allocated to COGS vs disallowed under 280E. Also look at banking restrictions creating cash handling tax compliance issues, and state/federal taxation conflicts.
I chose this topic for my tax research project last year and it was incredibly rich! Look at Alternative Health Care Advocates v. Commissioner and Patients Mutual Assistance Collective Corporation v. Commissioner for 280E analysis. The N. California Small Business Assistants Inc. v. Commissioner case had a fascinating dissent arguing 280E might be unconstitutional. Plenty to dig into!
Have you considered looking at the taxation of social media influencer income? This is a rapidly evolving area with lots of research potential. Key issues include: 1. Classification of income (business vs. hobby) - there are recent cases where the IRS has challenged influencers who didn't report income or claimed hobby losses 2. Valuation of bartered goods and services (free products for reviews) - how do you value a "free" vacation or product when it's compensation? 3. International taxation when influencers have global audiences but receive payments from foreign platforms 4. Deductibility of content creation expenses (equipment, travel, wardrobe) vs. personal expenses 5. Self-employment tax obligations for various platform payment structures The IRS has been increasingly focused on this sector, and there are emerging court cases addressing these issues. Plus, the rise of platforms like TikTok, Instagram, and YouTube has created new fact patterns that traditional tax law struggles to address clearly. This would give you plenty of code sections, regulations, and case law to analyze while being highly current and relevant.
One thing nobody's mentioned - if you don't want to go through amending your 2023 return, there's another way to handle excess Roth contributions. You can actually just leave the excess amount in there and keep paying the 6% penalty each year, OR you can "absorb" the excess by reducing your contribution limit for 2024. For example, if you're eligible to contribute $7,000 in 2024, you could just contribute $500 ($7,000 - $6,500) and the previous year's excess would be absorbed. You'd still pay the 6% for 2023, but then you're back on track without the recharacterization hassle.
This is actually terrible advice for OP's situation. They've already done the recharacterization and conversion, so attempting to "absorb" the excess now would just create a mess of conflicting transactions. Plus, they'd still need to file Form 5329 for 2023 to pay the 6% penalty anyway, so there's no avoiding the amendment. The excess contribution was already removed through recharacterization (even if it was late), so there's nothing left to "absorb" in 2024. The proper path forward is exactly what others have suggested - amend 2023 to pay the penalty, and properly report the recharacterization and conversion on 2024 taxes.
I'm dealing with a very similar situation and wanted to share what I learned from my tax attorney. The key thing to understand is that even though you missed the deadline, your recharacterization is still legally valid - it just doesn't eliminate the penalty for the original excess contribution. Here's what you'll need to do: 1. File Form 1040-X to amend your 2023 return, including Form 5329 to pay the 6% excess contribution penalty ($390 on your $6,500) 2. On your 2024 return, you'll report both the recharacterization and the backdoor conversion using Form 8606. The $580 in earnings will be taxable income in 2024. 3. Make sure your IRA custodian coded everything correctly on your 1099-R forms - you should have received separate forms for the recharacterization (code J) and the conversion (typically code 2). The good news is that once you pay the penalty for 2023, you won't owe it again since the excess was corrected through recharacterization. Just make sure to keep detailed records of your basis for future tax years since you'll now have non-deductible traditional IRA contributions on your books. Don't stress too much - this is fixable, just requires the right paperwork!
I messed up my taxes because of the exact same issue last year. TaxSlayer actually has a decent workflow for this, but it's super hidden. You need to: 1) Go to Federal > Deductions > Adjustments 2) Look for "Did you make excess contributions to your retirement account?" 3) Select Yes and follow their steps What's annoying is they don't explicitly mention Line 1H anywhere in their interface but when you complete it, it does properly show up there on the final Form 1040.
I've been dealing with excess 401k contributions for the past two years due to job changes, and I wanted to share what I've learned through trial and error. First, it's important to understand that Line 1H is specifically for reporting excess contributions that you've already had corrected (meaning you've received the excess back from your plan administrator). If you haven't corrected the excess yet, you'll need to contact your plan administrator first to request a return of the excess contributions plus any earnings. For software that properly handles this, I've had success with FreeTaxUSA and TaxAct. Both have dedicated sections for excess retirement contributions. In FreeTaxUSA, look under "Income" > "Less Common Income" > "Other Income" and there's a specific option for "Excess retirement plan contributions returned to you." One thing that caught me off guard was that you might also need to file Form 5329 if you had the excess contributions in your account at the end of the tax year, which triggers the 6% penalty. Most software will automatically generate this form when you report excess contributions. My advice is to call your 401k plan administrator first to understand exactly what they did with your excess contributions, then choose software based on your specific situation. Don't assume all "excess contribution" features are the same - some only handle IRA excess, not 401k excess.
Oliver Becker
Oh man, dealing with Michigan's offset system is like trying to teach a cat to swim - technically possible but painfully difficult! š I went through almost exactly what you're describing last year after my divorce. They took $3,400 when I only owed about $1,800. The frustrating part was getting bounced between departments like a pinball - Treasury saying it's Friend of Court's problem, FOC saying it's Treasury's issue. What finally worked was physically going to my local FOC office with all my payment receipts and getting them to generate an official "Current Arrearage Statement" showing the correct amount. Then I had to fax (yes, FAX in 2024!) this statement to a specific person at Treasury. It took about 9 weeks, but I eventually got the difference refunded. Hang in there - it's a bureaucratic maze but there is a way through!
0 coins
Mason Kaczka
This is incredibly frustrating and unfortunately all too common with Michigan's offset system. The timing disconnect between when payments are made and when they're reflected in the offset database is a known issue that affects thousands of taxpayers every year. Based on what you've described, it sounds like you have solid documentation which is going to be key. Here's what I'd recommend doing immediately: 1. Request a detailed payment history from Michigan's Office of Child Support (866-540-0008) showing all payments made through your case date 2. Get a current arrearage statement that shows your actual balance as of today 3. File Form 4645 (Request for Review of Offset) with Michigan Treasury within 30 days of receiving your offset notice The $1,200 discrepancy suggests this isn't just a timing issue but potentially a calculation error. I've seen cases where Michigan counted partial payments as missed payments entirely, or where automated interest calculations got applied incorrectly. Document every phone call with reference numbers and names. The squeaky wheel definitely gets the grease with Michigan's system. It's a pain, but you should be able to get the excess amount refunded - just prepare for it to take 2-3 months unfortunately.
0 coins