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One thing nobody has mentioned yet - check if your state tax laws follow the federal treatment. I'm in California, and they sometimes have different rules for settlement taxation. What's exempt under federal law isn't always exempt for state tax purposes.
That's a great point I hadn't considered. We're in Oregon. Does anyone know if Oregon generally follows federal guidelines on settlement taxation or if they have their own rules?
Oregon generally follows federal treatment for physical injury settlements, so if your portion qualifies as tax-exempt under federal rules, it should also be exempt from Oregon state income tax. However, the key is still getting clarity on whether your guardian portion maintains the same character as the physical injury settlement. If the federal determination is that it's taxable as guardian fees, Oregon would likely treat it the same way.
Have you asked the attorney who handled the settlement? Our lawyer included specific language in our settlement agreement that explicitly stated the guardian portion was "derivative of and arises from the same physical injuries" specifically to address this tax question. They should have experience with this.
This is definitely the best advice. I'm a paralegal at a firm that handles injury cases, and we always make sure to include specific language about tax treatment of guardian portions. If your attorney didn't do this, they really should have.
Don't forget that if you make the 6013(h) election, you need to report ALL worldwide income for BOTH spouses for the ENTIRE year. This includes any foreign bank accounts, investments, etc. that your spouse had before becoming a permanent resident. This catches a lot of people by surprise!
Wait, so even income my wife earned in her home country BEFORE getting her green card would count? We'd have to pay US taxes on that too? That seems unfair since she wasn't even a resident then!
Yes, that's exactly right. When you make the 6013(h) election, you're choosing to be treated as US residents for the ENTIRE tax year. This means all worldwide income from January 1st onward is subject to US tax reporting requirements, even income earned before your wife physically became a resident. It can seem unfair, but the trade-off is that you get to file jointly, which often saves significantly on taxes overall. You may also be eligible for the Foreign Tax Credit if she paid taxes on that income in her home country, which can offset any US tax owed on the foreign income.
Has anyone used TurboTax for the 6013(h) election? I'm not sure if it can handle this situation or if I need to use a different software.
TurboTax can handle it but not super smoothly. You'll need to manually attach the election statement. I used TurboTax last year for this exact scenario and had to write up the statement separately. The premium version did walk me through the dual-status alien questions though!
One thing nobody mentioned yet - if you work from home, you might qualify for the home office deduction. I'm self-employed and deduct a portion of my mortgage interest, utilities, internet, etc. based on the percentage of my home used exclusively for business. Saved me almost $2,300 last year! But be careful - this gets scrutinized by the IRS, so make sure you really do have a dedicated workspace that's used ONLY for business.
Does this work if my employer has me working from home 3 days a week? Or is it only for self-employed people?
Unfortunately, it's currently only available if you're self-employed or run your own business. W-2 employees working from home (even full-time) can't take the home office deduction anymore after the Tax Cuts and Jobs Act of 2017. Before 2018, W-2 employees could deduct unreimbursed business expenses (including home office costs) as miscellaneous itemized deductions, but that provision was suspended until 2025. If you're working remotely as a W-2 employee, your best option is to ask your employer about expense reimbursement programs instead of looking for tax deductions.
anyone else feel like the tax benefits of homeownership are way overhyped? i bought in 2023 and my tax refund was barely different from when i was renting lol. my mortgage interest + property taxes are like $15k but standard deduction is wayyy higher so it literally didn't matter. the only good tax thing is eventually not paying capital gains when i sell...if the market doesn't crash first š
I actually think it depends on where you live. In high-tax, high-cost areas (California, New York, etc.), the mortgage interest and property taxes can be substantial enough to make itemizing worthwhile. In my case (Bay Area), my property taxes alone are over $18k, so combined with mortgage interest and charitable giving, itemizing saves me several thousand dollars compared to the standard deduction.
Just an additional tip from someone who works in HR: If you want to double-check the calculator's recommendation, you can always use the worksheet on page 3 of the W-4 instructions. It walks you through the multiple jobs/spouse works calculation manually. The worksheet will probably give you slightly different numbers than the online calculator because the calculator is more precise, but it might help you understand why you're adding that extra withholding. Also keep in mind that if your income changes significantly during the year, you should redo the calculation. The W-4 isn't a "set it and forget it" thing anymore!
Is this worksheet approach better than using the online calculator? I'm always wary of the IRS online tools after they messed up my stimulus payment calculation.
The online calculator is generally more accurate than the worksheet because it can make more precise calculations based on your specific situation. The worksheet uses more generalized tables and might slightly over-withhold. I usually recommend people use the online calculator first, but the worksheet is helpful if you want to understand the methodology behind the calculation or if you're uncomfortable putting your detailed financial information into an online tool. Both approaches will get you close to your target, but the online calculator typically gets you closer to exactly breaking even.
Friendly reminder that you might want to intentionally overwithhold a little bit! I know you said you want to break even exactly, but in my experience it's better to aim for a small refund rather than potentially owing. My husband and I use the calculator but then add an extra $25 per paycheck just to be safe. Tax laws and personal situations change throughout the year, and that small buffer has saved us from owing several times.
Victoria Stark
One thing to keep in mind if you're switching tax software mid-season - make sure you double-check all your numbers! I did something similar last year (started in TurboTax, finished in TaxAct) and almost missed transferring some investment income. The different question flows between software can sometimes cause you to skip things you had entered in the first program. I'd recommend having your H&R Block PDF open side-by-side as you fill out FreeTaxUSA, and methodically go through each form/schedule to make sure everything matches. The last thing you want is to have to file an amended return because something got missed in the transfer.
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Benjamin Kim
ā¢Is there any disadvantage to filing an amended return if you do find a mistake later? I'm worried I might miss something when I switch platforms.
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Victoria Stark
ā¢Filing an amended return isn't the end of the world, but it comes with several disadvantages. It can delay any refund you're expecting by several months since amended returns can't be e-filed and must be processed manually. The IRS is still working through a massive backlog, so paper processing times are extremely long. Amended returns also have a slightly higher chance of triggering additional review or verification from the IRS, though this isn't necessarily an audit. Plus, there's the hassle factor of having to go through the whole process again and potentially paying more fees to your tax software provider for the amendment service.
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Samantha Howard
Has anyone used both H&R Block and FreeTaxUSA? I'm considering switching permanently next year and wondering how they compare. Is FreeTaxUSA actually good or just cheaper?
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Megan D'Acosta
ā¢I've used both. FreeTaxUSA is way cheaper, but H&R Block definitely has a more polished interface. FreeTaxUSA asks more direct tax-form related questions rather than the conversational style of H&R Block. The end result is the same though - I've never had issues with either one calculating my taxes incorrectly. The biggest difference is that FreeTaxUSA charges like $15 for state filing while H&R Block charges $37+ depending on complexity. Federal is free with FreeTaxUSA for most situations. No audit protection included with the base package though, that's extra.
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