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One thing to consider - for the Schedule C businesses that were solely your husband's, you might want to look into "income in respect of a decedent" rules. Basically, any business income that was earned while he was alive but paid after his death has special tax treatment. Also, don't forget that if you're continuing any of the businesses, you'll need new EINs going forward since technically they're now different entities under your sole ownership. This doesn't affect your 2021 filing, but something to plan for in 2022.
Thank you for mentioning this! There are actually some outstanding invoices from his business that I'm still trying to collect. How exactly does the "income in respect of a decedent" work? Does it go on my return or do I need to file something separate?
The income in respect of a decedent will still go on your joint 2021 return if you're filing jointly as surviving spouse. For any payments received in 2022, that income would go on your 2022 return (which you'd file as single or qualifying widow(er) depending on your situation). You don't need to file anything separate, but it's good to keep detailed records of when these payments were received. If any large amounts come in after his date of death, you might benefit from consulting with a tax professional as there can be deductions available for any estate taxes paid on that income. This gets a bit complex, but the basic rule is that the income is taxable in the year received, regardless of when it was earned.
Just went through this last year. Make sure you file Form 56 (Notice Concerning Fiduciary Relationship) with the IRS so they know you're handling his tax matters. And don't forget to check if your state has inheritance tax - not all do but it caught me by surprise.
This is excellent advice. Also, for the SNAP question - in my experience helping clients, you should definitely file jointly for 2021 since it'll likely save you on taxes. For SNAP, bring your full tax return but also prepare a simple spreadsheet showing just your income sources separate from his. Most caseworkers will appreciate the clarity.
Just a heads up on the Mach-E purchase - make sure you're tracking ALL your business mileage starting day one. I made the mistake of being casual about it when I first got my vehicle for my real estate business, and it caused me headaches at tax time. I recommend getting a mileage tracking app that automatically logs your trips. You'll need to categorize each trip as business or personal. For realtors, business mileage includes driving to showings, open houses, meeting clients, checking on properties, etc. Also, keep all documentation from the purchase - especially anything showing the vehicle's eligibility for the EV credit. The IRS has been known to question these claims.
Thanks for this advice! Do you have a specific mileage app you'd recommend? And should I also be keeping receipts for charging costs since it's an EV?
I use MileIQ and it's been great - it runs in the background and automatically detects when you're driving. You just swipe right for business trips and left for personal. The reports it generates are perfect for tax time. For charging costs, absolutely keep those receipts! You can deduct the business portion of your charging costs as a separate expense on your Schedule C. If you install a home charger, that might also qualify for a separate tax credit, so keep all documentation for that as well.
One thing nobody has mentioned yet - if you're buying the vehicle in December, make sure it's actually placed in service before year-end if you want the deductions for this tax year. "Placed in service" means actually using it for business purposes, not just purchasing it. Also, take photos of your odometer when you first get the vehicle and whenever you use it for business in those first few weeks. This documentation can be super helpful if questions come up later.
Another possibility - check if anyone in your household has an IP PIN. My wife got one after some identity theft issues, and for some reason our tax software started asking for MY IP PIN too, even though I didn't have one. We had to file separate returns that year to get around it. Something to consider if this applies to your situation!
Actually that's interesting because my partner did have some credit card fraud last year. They had to deal with a bunch of identity theft issues. Do you think that could be causing my tax return to ask for an IP PIN even though we file separately? We've never filed jointly.
Even if you file separately, sometimes these systems can create connections between household members, especially if you've ever shared an address on tax returns. The IRS fraud detection systems are pretty sophisticated and look for patterns across related taxpayers. In your case, it's definitely possible that your partner's identity theft situation triggered additional security for anyone connected to them, including people at the same address. I'd recommend asking your partner if they received an IP PIN and checking with them about any communications they've had with the IRS about identity protection.
Has anyone tried just creating an account on the IRS website to see if you already have an IP PIN assigned? That's what I did when TurboTax suddenly asked for mine. Turns out the IRS had actually assigned me one and sent a letter that got lost in the mail. You can recover it online if you create an account at irs.gov.
This is great advice but setting up an IRS account online is its own circle of hell. They've made the verification process so strict that many legitimate people can't get through it. They asked me for info from a mortgage I had 8 years ago!
One way to handle this that nobody has mentioned is using a Qualified Disclaimer. If your husband never intended to have an ownership interest and won't be receiving proceeds, he may be able to execute a disclaimer of interest BEFORE the sale closes. This is basically a legal statement refusing to accept the interest in the property. It needs to be done properly through an attorney, filed with the county recorder, and meet specific IRS requirements, but it could potentially remove your husband from the equation entirely before the sale happens. I did this when my grandparents put me on a deed without telling me, and it saved me from a huge tax headache when they later sold the property.
This is really interesting! I've never heard of a Qualified Disclaimer before. Is this something that can be done even years after being added to a deed? My husband has been on his father's deed since 2002, so about 20 years now. Would it still be possible to do this so close to the sale?
Unfortunately, a Qualified Disclaimer typically needs to be executed within 9 months of when the interest was created or when you turned 21 (whichever is later). Since your husband has been on the deed for around 20 years, this option probably won't work in your situation. There are still other approaches though. One possibility is having your father-in-law give your husband's share back to him as a gift before the sale (though this has gift tax implications). Another is to ensure proper documentation that your husband is acting as a "nominee" owner only. This would require specific language in the closing documents and proper reporting on tax returns.
Has anyone used TurboTax to handle capital gains reporting for a situation like this? I've got a somewhat similar scenario coming up and wondering if the software can handle the complexity or if I need to hire a professional.
I used TurboTax Premier last year for a capital gains situation with multiple owners (sold my parents' house where I was on the deed). It handled the basic reporting fine, but I found it didn't ask enough detailed questions about ownership intent or primary residence status for each owner. I ended up having to manually override some entries and add explanatory statements. Unless your situation is very straightforward, I'd recommend at least consulting with a tax professional who specializes in real estate transactions before trying to DIY it.
Thanks for the feedback. That's pretty much what I was worried about. I think I'll use a tax pro this year since the stakes are high, then maybe try software again next year when I don't have such complicated issues.
Ethan Brown
Just a heads up if you're amending to add 1099 income - make sure you're also considering if you need to add Schedule SE for self-employment tax. That's a mistake I made when amending last year. I added the 1099 income but forgot that I also needed to pay the self-employment tax portion (the extra 15.3% for Social Security and Medicare that employers usually pay half of). Got a nasty surprise bill from the IRS months later for the missing SE tax plus penalties and interest. Also check if you need to amend your state return too! Most states require an amendment if your federal return changes.
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Anastasia Romanov
ā¢Oh wow, I didn't even think about the self-employment tax! This is super helpful - I definitely would have made the same mistake. Do you know if FreeTaxUSA automatically calculates that when you enter 1099 income, or is it something I need to specifically look for?
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Ethan Brown
ā¢Yes, FreeTaxUSA should automatically calculate and add the self-employment tax when you enter 1099-NEC or 1099-MISC income that's subject to SE tax. But it's always good to double-check that Schedule SE is included in your forms list before finalizing. The software should walk you through questions about your business expenses too, which can help reduce both your income tax and self-employment tax. Don't forget things like mileage, home office (if applicable), supplies, software subscriptions, etc. Even small deductions add up and can offset some of that SE tax hit.
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Yuki Yamamoto
I amended with TaxAct after originally filing with H&R Block last year. No issues at all. Just make sure when you start the amendment that you enter all the information EXACTLY as it appeared on your original return first, then add the new stuff. One thing to watch for - some of the cheaper services have limits on how complex your return can be. If your 1099 income means you need certain business schedules, double check that FreeTaxUSA's amendment option includes those forms at the price point you're looking at.
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Carmen Ruiz
ā¢Good point! FreeTaxUSA's free tier does include Schedule C for business income but might charge for state amendments. Their premium services are still wayyyyy cheaper than H&R Block though.
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