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Don't forget to use Form 1040-X for the amendment! And make sure you're only changing the sections that need to be amended, not redoing the whole return. Also check if your state requires a separate amendment - many states do.
Thanks for mentioning the state filing! I totally wasn't thinking about that. Do I need to wait until the federal amendment is processed before doing the state one?
In most cases, you should file both amendments around the same time. You don't need to wait for the federal amendment to be processed before filing your state amendment. However, some states do require you to attach a copy of your federal amendment (Form 1040-X) to your state amendment form. Each state has their own amendment form and process. For example, California uses Form 540X, New York uses Form IT-201-X, etc. Check your state's tax department website for the specific form and instructions. The state amendment process is usually similar to the federal one, but processing times can vary significantly by state.
I had to file an amendment last year and ended up owing about $1,200 on $5k of missed income. The penalties were only about $80 because I filed the amendment within 3 months of my original return. Just be prepared to wait FOREVER for them to process it - mine took almost 7 months!
I'm a tax preparer - the advice about keeping a detailed mileage log is spot on. For your situation, consider putting the vehicle in your business name instead of your personal name. If it's a legitimate business asset, you might be able to depreciate it and deduct expenses. BUT - and this is a big but - if you mix personal and business use, you'll need to account for that. Document EVERYTHING. Track all business miles and keep receipts for all expenses. The IRS loves to challenge vehicle deductions because they're frequently abused.
Could you use Section 179 to write off a vehicle for a small rental car business? Or would that only apply to actual cars in the rental fleet?
You can potentially use Section 179 for vehicles used in your business, including those that support operations like yours might. However, there are specific limitations for passenger vehicles - typically around $18,000 for the first year (the exact amount changes annually). Vehicles actually in your rental fleet would be considered inventory rather than capital assets until you place them in service as rental vehicles. Once they're actively being rented, they become depreciable assets. But remember, Section 179 has specific rules for "luxury" passenger vehicles which limit the deduction regardless of business use percentage.
I tried claiming my BMW as a business expense for my real estate business because I had magnetic signs and drove clients around. Got DESTROYED in an audit. Had to pay back all deductions plus penalties because I didn't have proper documentation.
I'm facing a slightly different version of this issue. My parents in India added me to their investment account for inheritance purposes, but I have no access or control. My tax preparer said I definitely need to report it and pay tax on my "share" of the income. But after reading these comments, I'm going to ask about this nominee approach. Has anyone used a regular CPA for this kind of situation or do I need an international tax specialist?
I tried using a regular CPA for my foreign accounts last year and it was a disaster. They missed the FBAR filing completely and had no idea how to handle the nominee situation. Had to amend everything later. If you have international accounts, especially with this nominee complexity, definitely get someone who specializes in expat or international taxes.
That's really helpful to know. I was hesitant to pay the higher fees for an international specialist, but it sounds like it could save me money and headaches in the long run. Did you find someone local or did you use an online service? I'm worried about missing some filing requirement and getting hit with those massive FBAR penalties I keep reading about.
Don't overlook the Form 8938 requirement too! If you're required to file an FBAR, you might also need to file Form 8938 (Statement of Specified Foreign Financial Assets) with your tax return. The thresholds are different though - for a single filer living in the US, you need to file Form 8938 if your foreign financial assets exceed $50,000 on the last day of the year or $75,000 at any time during the year. The penalties for not filing this form are separate from the FBAR penalties!
I had no idea about Form 8938! The account had about $30,000 in it when the CD matured, so maybe I'm under the threshold? But now I'm worried about all these different forms. Do the FBAR and 8938 requirements still apply even if I use this "nominee" approach that others mentioned?
At $30,000, you're under the Form 8938 threshold if you're filing as single and living in the US, so that's good news. However, you would still need to file the FBAR if the account exceeded $10,000 at any point. Yes, the FBAR requirement applies regardless of the nominee situation - you still need to disclose the account since it's legally in your name. The nominee approach only affects how you report the income on your tax return, not the FBAR filing requirement. The good thing is that the FBAR is just an information return - filing it doesn't mean you owe tax on the funds.
Just want to add - I've been through this exact situation. Make sure your mom e-files FIRST before your dad can. If he e-files first claiming you, your mom's electronic return will be rejected and she'll have to paper file, which creates a huge mess and delays any refund significantly. Also, gather evidence now: school records showing your address, medical records, bank statements sent to your mom's address with your name, etc. Even affidavits from neighbors confirming you lived with your mom can help.
Thanks for this advice! This is making me nervous though. My dad is super organized with taxes and usually files right when he gets his W-2s. If he files first and claims me, will my mom definitely have to paper file? Is there any way to prevent this or fix it electronically?
Unfortunately, if your dad e-files first incorrectly claiming you, your mom will definitely have to paper file. There's no electronic workaround - the IRS system automatically rejects the second e-filed return that tries to claim the same dependent. If you know he's likely to file early, you might want to have a conversation with him explaining the potential consequences - both for your FAFSA and for him. The IRS will eventually investigate the duplicate claim, and since you didn't actually live with him, he could face penalties for an incorrect return. Sometimes explaining the potential audit risk can discourage someone from filing incorrectly.
One thing nobody's mentioned - your FAFSA situation might actually still be workable even if your dad incorrectly claims you. When completing the FAFSA, you're supposed to answer based on which parent you lived with more during the 12 months prior to filing the FAFSA (not the tax year). So even if your dad claims you on taxes, you should still list your mom as the parent on FAFSA since you lived with her. You might need to explain the situation to your financial aid office and potentially provide documentation, but your FAFSA shouldn't be automatically ruined just because of an incorrect tax filing.
Gemma Andrews
Just my two cents - I switched to a CPA when my wife and I hit around $150k combined. The biggest benefit wasn't just the tax filing itself but the year-round planning advice. Our CPA helped us restructure some investments and adjust our withholdings which saved us about $4,800 last year. TurboTax is great for executing a tax return but not as good for strategic planning. If you're in a higher tax bracket now, the planning aspect becomes much more valuable.
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Pedro Sawyer
ā¢How much does your CPA charge if you don't mind sharing? Is it an annual fee or just for tax season?
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Gemma Andrews
ā¢We pay $450 for the annual tax preparation and filing. Then we do one mid-year check-in meeting that costs about $150. So around $600 total per year. It's definitely more than TurboTax, but the tax savings more than cover the cost. Plus, having someone to call when tax questions come up throughout the year is really valuable. For example, when I was considering selling some stock, a quick call to our CPA helped me time it to minimize the tax impact.
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Mae Bennett
Anyone else notice TurboTax keeps pushing their "live expert" add-on now? I tried it last year and it was... meh. The "expert" seemed to just be reading from the same help screens I could access myself.
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Beatrice Marshall
ā¢Yes! I tried it too and felt the same way. They barely looked at my specific situation and just gave generic advice. Definitely not worth the extra $100 they charged.
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