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Anyone know if all this head of household stuff works the same in all states? My divorce is happening in Florida but my ex moved to Georgia with our daughter. Our agreement says we each get her 50% of the time but practically she's with me way more because of travel issues. Can I still claim HoH on federal taxes?
The Head of Household filing status is part of federal tax law, so the rules are the same regardless of which state you live in. What matters is the actual physical custody - if your daughter is with you more than 50% of the time in reality (regardless of what the agreement says), you should qualify for HoH. The fact that you're in different states might actually make it easier to document where your daughter spends most of her time. School enrollment, medical appointments, and travel records between states can all help establish that she's physically with you more than half the year. Keep detailed records of when your daughter is actually with you versus your ex, especially since it differs from your written agreement. The IRS cares about the reality of the living situation, not just what's on paper.
Just wanted to add another perspective on documentation - I went through a similar situation last year and found that maintaining a simple spreadsheet with dates worked really well for tracking custody. I included columns for pickup/dropoff times, who had the kids each night, and any deviations from our normal schedule. What really helped during my IRS review was that I also kept copies of things like: - School pickup/dropoff records (many schools track this) - Medical appointment records showing which parent took kids - Activity registrations and who transported them - Even grocery receipts showing kid-related purchases on specific dates The key thing I learned is that the IRS wants to see a pattern of actual physical custody, not just what's written in your divorce agreement. Since you mentioned having the kids "slightly more than 50%" of nights, make sure you can prove that specific percentage with real dates and documentation. Also, don't forget that overnights count more than just daytime hours - the IRS specifically looks at where the child slept, not just spent time during the day. So even if your ex picks up the kids after school but they sleep at your house, that night counts toward your custody percentage.
This is really comprehensive advice, thank you! I'm just starting to navigate this whole post-divorce tax situation and feeling pretty overwhelmed. The spreadsheet idea sounds manageable - do you think it's worth going back and trying to reconstruct the custody schedule from earlier in the year, or should I just start tracking from now going forward? I'm particularly worried about those "overnight" rules you mentioned. We have this weird arrangement where sometimes the kids stay late at one parent's house for homework help or dinner but then sleep at the other parent's house. Would those count as overnights for whoever they actually slept with, even if they spent most of the day elsewhere? Also, did you find that school records were easy to get? I'm not sure how detailed our school's pickup records are, but it's worth checking.
You're absolutely right to focus on where the kids actually sleep - that's the key factor for IRS purposes! Even if they spend most of the day at one parent's house, the overnight stays are what count toward the "more than half the year" test. Regarding reconstructing your schedule, I'd recommend doing both if possible. Start tracking meticulously from now forward, but also try to piece together as much as you can from earlier in the year using whatever records you have (texts about pickups, calendar entries, photos with dates, etc.). Even partial documentation is better than none. For school records, you might be surprised what they track. Many schools have detailed pickup/dropoff logs, especially elementary schools. Even if they don't have formal records, teachers often remember patterns of which parent regularly handles pickup/dropoff. Also check if your school uses any apps for communication - those often have timestamps that could help reconstruct your schedule. Don't forget about other sources too: pediatrician visits, extracurricular activities, even social media posts can help establish where the kids were on specific dates if you need to prove your custody percentage later.
Little tip from someone who's been there - don't forget you might owe STATE taxes too! My first year owing, I paid the federal balance but completely spaced on the state portion and got hit with penalties. Most tax software should tell you if you owe state taxes too, but it's easy to miss if you're focused on the federal part.
This is a great point! State tax payments are totally separate from federal. You typically can't pay state taxes through the IRS website - you have to go through your specific state's tax agency website.
Just wanted to add another perspective here - I was in the exact same situation two months ago and was freaking out about it. The IRS account balance delay is super common during tax season because they're processing millions of returns. I ended up paying through the IRS Direct Pay system exactly as KylieRose suggested, and everything worked perfectly. The key thing is to make sure you select the right tax year (2024) and choose "Balance Due on Tax Return" as your payment reason. This helps them match it to your filed return even if it hasn't fully processed yet. One thing I wish someone had told me - if you're worried about the payment amount being wrong, you can actually call the IRS Practitioner Priority Service at 1-866-860-4259. It's technically for tax professionals, but they'll help individual taxpayers too if you explain your situation. Much shorter wait times than the regular taxpayer line. The bottom line is don't stress too much about the account not showing your balance yet - the payment system is designed to handle this exact scenario!
As someone who made the transition from W-2 to independent contractor work a couple years ago, I totally get the stress you're feeling! The good news is that once you get a system in place, it becomes much more manageable. For the W-9 form itself, don't overthink it - it's really just giving the museum your taxpayer information. Use your legal name as it appears on your Social Security card, check "Individual/sole proprietor," provide your SSN, and include your current address. That's essentially it! The bigger picture is managing your taxes throughout the year. Here's what I wish I'd known from day one: treat yourself like your own employer when it comes to taxes. Set up automatic systems so you don't have to think about it with every payment. I use a three-account system: 1) Main checking where payments come in, 2) Business savings for tax money (I transfer 30% immediately), and 3) Regular personal account for my "take-home" pay. This mimics how a W-2 job works - you never see the tax money, so you can't accidentally spend it. For quarterly payments, the IRS website's Direct Pay system is super straightforward. The dates are always the same (April 15, June 15, September 15, January 15), so put them in your calendar now. Start tracking deductible expenses immediately - research materials, professional memberships, portion of internet/phone, home office space if you have a dedicated work area, and travel for work purposes. As a researcher, these can really add up and reduce your tax burden significantly. You're being proactive by asking these questions now, which puts you way ahead of most people starting contractor work!
This three-account system sounds brilliant, Fatima! I love how it mimics the automatic withholding I'm used to from W-2 jobs - that psychological aspect of "not seeing" the tax money is really smart. I'm curious about the home office deduction you mentioned. Since I'll be doing research work from home sometimes, what exactly qualifies as a "dedicated work area"? Do I need a completely separate room, or would a specific desk area that I only use for work count? I live in a small apartment so I don't have a full separate office. Also, for tracking work-related travel, do you just keep track of mileage when driving to research sites, or are there other travel expenses I should be documenting? I'm thinking I might need to visit archives and libraries that aren't near my home base. Thanks for making this all feel so much less overwhelming! Having a clear system to follow makes such a difference.
Great questions about the home office deduction! You don't need a completely separate room - a dedicated desk area that you use exclusively for work can qualify. The key word is "exclusively" - the IRS requires that the space be used regularly and exclusively for business purposes. So if you have a desk in your living room that you only use for your research work (not personal stuff, paying bills, etc.), that can count. For the deduction, you can either use the simplified method ($5 per square foot up to 300 square feet) or calculate the actual percentage of your home used for business and deduct that percentage of your home expenses. The simplified method is usually easier for small spaces. For travel expenses, definitely track mileage to research sites, archives, and libraries using the standard mileage rate (it's 65.5 cents per mile for 2023). But also keep receipts for parking fees, tolls, and if you need to stay overnight anywhere for research, hotels and meals (though meals are only 50% deductible). Even public transportation costs to research locations are deductible. I use a simple mileage tracking app on my phone that automatically logs trips when I'm driving - makes it so much easier than trying to remember to write down odometer readings! The key is being consistent from day one.
I completely understand your anxiety about this transition - I went through the exact same feelings when I started doing independent contractor work for a local nonprofit! The W-9 form itself is actually the easy part, as others have mentioned. You just need your basic info: legal name, address, SSN, and check the "Individual/sole proprietor" box. What really helped me was creating a "tax emergency fund" mindset. I treat that 25-30% I set aside from each payment like it's already gone - it's not my money anymore, it belongs to the IRS. This mental shift made it much easier to avoid spending it accidentally. One thing I haven't seen mentioned yet is that you might want to look into whether you qualify for any quarterly payment safe harbors. If you paid zero tax last year or if you pay at least 100% of last year's tax liability through quarterly payments (110% if your prior year AGI was over $150K), you can avoid underpayment penalties even if you end up owing more at filing time. Also, since you mentioned you had a big tax hit from freelance writing last year, make sure you're factoring that experience into your estimated payments. You can use last year's total tax as a baseline for calculating this year's quarterlies. The fact that you're planning ahead this time instead of being surprised puts you in such a better position! You've got this!
The "tax emergency fund" mindset is such a game changer! I never thought about it that way - treating the tax money as already belonging to the IRS rather than money I'm temporarily setting aside. That psychological shift will definitely help me avoid the temptation to dip into it. Your point about safe harbors is really helpful too. Since I did owe a significant amount last year from my freelance writing (which caught me completely off guard), using that as a baseline for my quarterly payments this year makes a lot of sense. At least I'll know I won't get hit with underpayment penalties even if my museum work income ends up being higher than expected. I'm curious about the 110% rule you mentioned for higher income - is that 110% of the total tax owed, or 110% of what was actually paid? I think my AGI was under $150K last year, but I want to make sure I understand this correctly for future reference. Thanks for the encouragement! Having everyone share their experiences and systems is making this feel so much more doable. I'm actually getting excited about being more organized with my finances this time around.
I went through this exact situation last year when we changed from "Pacific Northwest Logistics" to "PNW Supply Chain Solutions" across 15 states. Here's what I learned the hard way: First, regarding your grace period question - you're generally safe to continue filing under your old name for 60-90 days while updates are processing, but I'd strongly recommend getting confirmation from the IRS first that your name change is recorded in their system. This becomes your "proof" if any state agencies question the discrepancy. For the multi-state nightmare, here's my streamlined approach: Start with IRS Form 8822-B, then tackle states in order of your largest tax liabilities first. Many states have reciprocal agreements where updating one agency automatically updates others within that state. Also, don't forget about workers' compensation carriers and local business license authorities - these often get overlooked. One critical tip: Create a master timeline showing when each jurisdiction's quarterly filings are due, so you can prioritize updates based on upcoming deadlines. Nothing worse than having a name mismatch right before a major filing deadline. The whole process took me about 3 months to complete fully, but the key is staying organized and tackling the biggest impact items first. You've got this!
This is incredibly helpful! I'm particularly interested in your point about workers' compensation carriers - I hadn't even thought about that and we definitely need to update those. Quick question: when you say "getting confirmation from the IRS first," did you just call them directly or use one of those callback services mentioned earlier? I'm trying to decide the best route since our name change is happening in about 6 weeks and I want to make sure we have that IRS confirmation before we start the state-level updates.
I ended up using Claimyr after seeing it mentioned earlier in this thread, and honestly it was worth every penny. I was skeptical at first too, but after spending two full days trying to get through the IRS phone system myself, I figured $50 or whatever it cost was better than losing more time. Got connected to an actual agent within about 90 minutes who confirmed our name change was properly recorded and even walked me through what to expect with the state notifications. The workers' comp piece is huge - we had three different carriers across our states and each one required separate notification with different documentation requirements. One carrier in Oregon actually threatened to cancel our policy because of the name discrepancy, so definitely don't sleep on those updates! Also, if you're doing this in 6 weeks, make sure you coordinate with your payroll provider early. We gave them a 30-day heads up and they still almost messed up our first quarterly filing under the new name.
Just went through this process myself with our company name change from "Mountain View Technologies" to "Summit Tech Group" and wanted to share a few additional considerations that haven't been mentioned yet. One thing that caught me off guard was the impact on our direct deposit authorizations with employees. Even though the bank account information stayed the same, several banks flagged the name change and temporarily held up payroll deposits until we provided updated authorization forms. I'd recommend giving your bank a heads up about the name change at least 2 weeks before your next payroll run. Also, don't forget about your state disability insurance and paid family leave programs if you operate in states that have them (CA, NY, NJ, RI, HI). These often require separate notifications beyond the standard unemployment and tax updates. For tracking everything, I created a simple shared Google Sheet with columns for jurisdiction, agency, form required, submission date, confirmation number, and status. This helped me stay organized across 28 different updates and made it easy to follow up on any that were taking longer than expected. The whole process was definitely overwhelming at first, but breaking it down systematically made it manageable. Start with the IRS confirmation as others have suggested - that becomes your foundation for all the other updates.
Two weeks ended up being just enough time for most banks, but I'd actually recommend 3 weeks if you can swing it. A couple of our employees' banks (particularly smaller credit unions) needed additional documentation and took longer to process the change. Having that extra buffer would have saved me some stress. For the state disability programs, it was a mixed bag. California's EDD updated automatically when we filed our employment tax name change, but New York required separate filings for both disability and PFL. New Jersey was somewhere in between - they updated disability automatically but PFL needed a separate form. I'd recommend assuming they all need separate notifications and then you'll be pleasantly surprised if some update automatically. Also, pro tip: screenshot or save PDFs of all your submission confirmations. I had one state claim they never received our filing even though I had the online confirmation number. Having that documentation saved me from having to refile and potentially face penalties.
The Google Sheet tracking system you mentioned is genius! I'm definitely stealing that idea. Quick question - did you include any columns for deadlines or follow-up dates? I'm thinking about adding those to help prioritize which jurisdictions need immediate attention versus ones that can wait a bit longer. Also, did you find any jurisdictions that were particularly slow to process compared to others? We're hoping to complete everything within 60 days but want to identify any potential bottlenecks early.
Zainab Ahmed
This is such a timely discussion for me! My spouse and I are in a very similar situation with our husband/wife LLC that we've been filing 1065 returns for. Reading through all these responses has been incredibly helpful. One thing I wanted to add based on our research - if you do decide to switch from partnership to disregarded entity status, make sure you understand the timing implications. The election to change classification (Form 8832) needs to be filed within 75 days of the effective date you want the change to take effect. If you miss that window, you might have to wait until the following tax year or request a late election relief from the IRS. Also, regarding the Oregon state tax implications you mentioned - I'd recommend checking with a local tax professional about any potential Oregon-specific consequences. While the federal change is straightforward, some states have their own rules about entity classification changes that might affect your state tax liability. The estate planning benefits you mentioned for the rental property are definitely worth considering. We're leaning toward making the switch ourselves primarily for that step-up in basis preservation, even though it means dealing with the one-time hassle of terminating the partnership.
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Victoria Scott
ā¢This is really great information about the timing requirements! I had no idea about the 75-day window for Form 8832. That's definitely something to plan ahead for rather than rushing into at the last minute. Your point about Oregon-specific rules is spot on too. Even though the federal change might be straightforward, states can have their own quirks when it comes to entity classification changes. I've heard some states don't automatically follow federal elections, so it's worth double-checking to avoid any surprises. The estate planning angle seems to be a major consideration for a lot of people in this thread. It makes sense - preserving that step-up in basis could save significant capital gains taxes down the road, especially for real estate that appreciates over time. Sounds like the one-time hassle of switching might be worth it for the long-term benefits. Thanks for sharing the timing details - that's exactly the kind of practical information that can save someone from making a costly mistake!
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Sean Doyle
This has been such a comprehensive discussion! I'm in a similar situation with my spouse - we have a husband/wife LLC that we've been filing 1065 returns for, and I've been on the fence about switching to Schedule C. Reading through everyone's experiences, it sounds like the key factors to consider are: 1) the simplified paperwork and potentially lower accounting costs, 2) the estate planning benefits (especially that step-up in basis for rental property), and 3) the timing requirements for making the switch. What's really helpful is hearing from people like @0d3e8f732f14 and @9977feaefd10 who actually went through the process. The practical details about quarterly estimated payments becoming simpler and the 75-day window for Form 8832 are exactly what I needed to know. I think I'm convinced that for our situation (also have a rental property), preserving that full step-up in basis is worth the one-time hassle of switching. The potential tax savings for our heirs could be substantial, especially given how much real estate has appreciated over the years we've owned our rental. Thanks to everyone who shared their experiences - this thread has been more helpful than hours of reading IRS publications!
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Sophia Bennett
ā¢I'm glad this discussion has been so helpful! As someone who's just starting to research this same situation, I appreciate everyone sharing their real experiences. The estate planning angle is something I hadn't even considered - we've been so focused on the immediate paperwork simplification that we missed the bigger picture about step-up in basis. One question I have after reading through all this: for those who made the switch, did you run into any issues with business banking or contracts that still reference the EIN? @585ff4dd4cf0 mentioned keeping the same EIN but using your SSN for tax purposes - I'm wondering if that creates any confusion with banks or vendors who are used to dealing with your LLC as a separate tax entity. Also, has anyone dealt with this switch if you have business credit cards or loans tied to the LLC? I'm wondering if changing the tax classification affects those relationships at all, even though the entity itself remains the same.
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