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Ask the community...

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Carmen Ortiz

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Here's what our CPA firm is doing for clients with this issue: 1. We're creating a workpaper that clearly separates business meals into two categories: pre-1/1/2023 (100% deductible) and post-12/31/2022 (50% deductible) 2. For clients with good recordkeeping, we're using the actual dates of each meal 3. For clients with less detailed records, we're doing a pro-rata allocation based on 9 months at 100% and 3 months at 50% The IRS hasn't specifically addressed this fiscal year issue in any publications I've seen, but the calendar-specific language in the original legislation is pretty clear that the enhanced deduction ends 12/31/2022.

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Have any of your clients using the pro-rata approach been audited yet? I'm worried that might be seen as too simplified if the actual spending pattern wasn't evenly distributed throughout the year.

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Carmen Ortiz

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None of our clients using this approach have been audited yet. You raise a valid concern though. If a client's business is seasonal or their meal expenses fluctuate significantly throughout the year, a pro-rata allocation wouldn't be appropriate. In those cases, we recommend either analyzing the actual receipts or using a reasonable allocation based on their business patterns (like quarterly sales figures or similar metrics that would correlate with business meal activity).

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Has anyone heard if Congress might extend the 100% meal deduction? I heard rumors they might bring it back since restaurants are still struggling in many areas. Would hate to spend hours implementing a split approach if they're just going to retroactively extend it again.

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Luca Marino

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I haven't seen any serious legislation proposed to extend it. There was some industry lobbying from restaurant associations, but it doesn't seem to have gained traction. I'd proceed with the split approach rather than counting on a retroactive extension.

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One important thing I learned as a widow who lost my husband mid-tax year: keep an eye on potential medical expense deductions. With both your husband's treatment and your own surgeries, you might qualify to deduct medical expenses that exceed 7.5% of your adjusted gross income when filing jointly. This includes health insurance premiums, prescription costs, hospital stays, transportation to medical care, and lots of other expenses people often don't realize are deductible. Make sure to gather all medical receipts from both of you for the year.

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Thank you for mentioning this. I honestly hadn't even thought about the medical deduction angle. Between his cancer treatments and my surgeries, we easily spent over $15,000 out of pocket even with insurance. Do things like hospital cafeteria meals and parking at medical facilities count too? I had so many appointments and hospital stays.

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Yes, many of those related expenses do count! Transportation costs to and from medical treatments (including parking fees at hospitals and medical facilities) are deductible. While regular meals generally aren't deductible, if you had to stay overnight for medical care, some meal costs might qualify. Also track any home modifications made for medical reasons, medical equipment purchases, and even mileage driven to pharmacies and doctor appointments. The IRS allows 22 cents per mile for medical travel in 2024. Many people miss these "secondary" medical expenses that can really add up over a year of intensive treatment.

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Mason Davis

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Has anyone mentioned the Qualifying Widow(er) status yet? This wouldn't apply for 2024 (the year your husband passed), but for the next two tax years (2025 and 2026), you might qualify to file as a "Qualifying Widow(er) with Dependent Child" if you have a dependent.

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That won't help in this case. OP specifically mentioned they don't have any children/dependents, so they wouldn't qualify for the Qualifying Widow(er) status in future years.

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Ethan Taylor

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Have you checked your withholding throughout the year? Most ppl don't realize their employer often adjusts their withholding based on the latest IRS tables. So you might be getting slightly bigger paychecks throughout the year but a smaller refund. Check your last paystub from last year vs. this year and see if there's a difference in what they're taking out.

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I actually just dug through my pay stubs after seeing your comment. You're right - they were taking out about $45 less per month in federal taxes this year compared to last year. That accounts for like $540 of the difference. Still doesn't explain all of it, but that's a big chunk I hadn't noticed. So essentially I was getting more in my checks but then less in my refund? That's so confusing.

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Ethan Taylor

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That's exactly what happens for a lot of people. The tax system is designed to try to get you to break even - ideally you'd owe nothing and get nothing back. When tax laws change, they adjust the withholding tables, which changes how much comes out of each check. The rest of your missing refund might be from expired tax credits or deductions. The past few years had some temporary tax benefits due to COVID that have now expired. It sucks when your refund drops, but getting more in each paycheck throughout the year is actually better financially - you get to use your money sooner rather than letting the government hold it interest-free.

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Yuki Ito

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Does anyone know if the standard deduction is going up for 2025? I heard something about inflation adjustments but not sure if that's true or how much it would be.

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Carmen Lopez

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Yes, the standard deduction adjusts for inflation every year. For 2025, it's supposed to be around $14,600 for single filers and $29,200 for married filing jointly. That's up from 2024. Doesn't help you for your current return, but at least it'll help reduce your taxable income a bit next year.

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Is this calculation correct? Form 8959 Additional Medicare Tax questions for MFS filing

I'm filing married filing separately with my husband in a community property state because of my student loan situation. We got an extension for 2023 taxes and hired a tax professional since neither of us really understands how to handle Form 8958 (community property allocation). I'm questioning if our tax preparer knows what they're doing either. The first draft they sent us didn't include Form 8959 (Additional Medicare Tax) in either of our returns. When I asked about it, they added the form but nothing changed in our calculations. The current paperwork shows my husband owes $3,200 while I'm getting a refund of $4,700 - partly because I claimed our child and didn't receive any of the economic impact payments for our child in 2023. I also had an extra $25 withheld from each paycheck throughout 2023 after what happened with our 2022 returns. Our preparer claims my husband didn't withhold enough, but I thought Form 8959 was supposed to help balance things out between spouses in our situation. I'm hesitant to trust this preparer after a previous experience in 2022 where a different preparer forgot to have either of us claim our child, forcing us to file an amended return (complete nightmare). This preparer's email signature says "Tax Return Preparer & Insurance Broker" so I'm not sure if they're a CPA or have the right credentials. Any insight would be appreciated! Edit: I mixed up the form numbers in my original post. The form the preparer completed was Form 8958 (not 8959). Sorry for the confusion!

Yara Nassar

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Former tax preparer here - I think there's confusion about what these forms actually do. Form 8958 is required for MFS in community property states and splits income according to state rules. Form 8959 is only for Additional Medicare Tax for high earners. The big difference in outcomes you're seeing is probably because of credits and payments. While income is split 50/50 in a community property state, things like: - Child Tax Credit - Earned Income Credit - Economic Impact Payments (stimulus) - Excess withholding due to extra $25/paycheck These all go to just one spouse, not split 50/50. So one spouse could end up with a refund while the other owes money, even if income is properly split. I'd definitely question if your preparer knows what they're doing. That "Tax Return Preparer" title means they've met minimal requirements. They might not have specific training on community property states.

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Thank you so much for explaining this clearly! I didn't realize credits wouldn't be split 50/50 even if income is. That explains the difference in our outcomes. My husband and I are definitely going to find a CPA with specific experience in community property MFS returns for next year. The tax prep industry seems so unregulated - it's scary how many preparers don't understand these forms.

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Yara Nassar

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You're welcome! You're absolutely right about the regulation issue. The "Tax Return Preparer" designation has very minimal requirements compared to CPAs or EAs (Enrolled Agents). For a complex situation like yours, I'd recommend finding either a CPA or an EA who specifically advertises experience with community property states and MFS filing. When interviewing potential preparers, ask them directly how many MFS returns they do annually for clients in community property states. If they can't answer that specifically or seem hesitant, keep looking. A knowledgeable preparer should be able to explain exactly how Form 8958 works without consulting reference materials.

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StarGazer101

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I think there's confusion happening with your forms. Form 8958 is for community property allocation (splitting income 50/50), while Form 8959 is for Additional Medicare Tax (which only applies if your income is over $200k single or $125k MFS). The reason you're seeing one person owe and one get a refund is probably because of tax credits and stimulus payments going to just one spouse. That's normal even in community property states. Income splitting doesn't mean credit splitting. Does your tax preparer have an EA (Enrolled Agent) or CPA designation? Those credentials mean they've passed rigorous testing and maintain continuing education requirements. A "Tax Return Preparer" might just have minimal training.

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Just wanted to add - you can search the IRS website for "Directory of Federal Tax Return Preparers with Credentials and Select Qualifications" to verify credentials. If they're just a PTIN holder with no other credentials, you might want someone more qualified for complicated returns.

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One tip nobody's mentioned yet - if you made under $58,000 last year, you might qualify for the Earned Income Tax Credit even as a single person with no kids. Check if you're eligible! Could mean several hundred dollars in your refund. Also, don't forget to check if you're eligible for any education credits if you were in school part of last year before graduating. The American Opportunity Credit can be worth up to $2,500 and Lifetime Learning Credit up to $2,000 depending on your education expenses.

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Andre Dupont

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Thank you for this! I had no idea about the Earned Income Tax Credit. My income from June-December was only about $25,000 since I started mid-year. Would I still qualify even though my annual salary is higher?

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Yes, the EITC is based on your actual income earned during the tax year, not your annualized salary. Since you only worked part of the year and earned about $25,000, you would likely qualify for some amount of EITC. The exact amount depends on your filing status and a few other factors, but it could add several hundred dollars to your refund. When you file, make sure whatever software or service you use checks your EITC eligibility with your actual earned income for the year.

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Make sure you're filing as independent if your parents aren't claiming you! This was my biggest mistake my first time. My parents had always claimed me, but we didn't communicate clearly and we BOTH ended up claiming me which caused a huge headache with the IRS. Check with your parents about this asap! The rules are basically if you provided more than half of your own financial support and didn't live with them for more than half the year, you should file independently.

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This happened to my sister! The IRS sent letters to both her and my parents, and they had to figure out who should actually claim her. Took months to resolve.

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