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Can I claim my mom with dementia as a dependent if I'm the annuity owner but she's the annuitant?

I made a serious mistake last year that's coming back to haunt me tax-wise. My mother has dementia and I've been managing her finances. She receives monthly payments from a fixed annuity that continues until her death. In December 2022, I called the annuity company to get access to her account, and they suggested I could transfer ownership to myself while keeping her as the annuitant who receives the payments. Fast forward to now, and I've received a 1099-R showing all the annuity income as MY taxable income, even though every payment goes directly into her bank account! She has virtually no tax liability while I'm in a much higher bracket, so this means I'm looking at paying thousands in additional taxes. I'm obviously transferring ownership back to her, but the company says there's nothing that can be done about 2023 - I'll have to pay taxes on this income. Since these payments are appearing as my income, I'm wondering if I can count it as support I'm providing for her care? Beyond the annuity, I pay a significant portion of her monthly expenses to keep her in her home. She receives Medicaid with an aide for part of the day, but I still cover some of her rent and other costs even after her Social Security and this annuity income. If I can include the annuity as support I'm providing, the total might be enough to claim her as a dependent. Is there anything else I could do to reduce this unexpected tax burden? I'm currently looking for a good tax professional since I've always handled my taxes myself, but this situation is beyond what I'm comfortable figuring out on my own.

Luca Ferrari

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One thing nobody's mentioned yet - you should look into whether you qualify for the Child and Dependent Care Credit rather than just the dependency exemption. If your mom meets the requirements for being your dependent due to inability to care for herself (which sounds likely given the dementia), AND you're working or looking for work, some of the costs you're paying could qualify for this credit. It won't help with the annuity tax hit directly, but it might offset some of the increased tax burden if you're paying for her care so you can work.

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Omar Farouk

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That's really interesting! I am working full-time while managing her care. Would the aide that Medicaid provides qualify for this credit? Or would it only be additional care I pay for out of pocket? I do sometimes hire additional evening help when the Medicaid aide isn't there.

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Luca Ferrari

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Only the care expenses that you pay for out of pocket would qualify, not the portion covered by Medicaid. The evening help you mentioned would definitely count as long as you need that care so you can work. There are some specific requirements - you'll need the care provider's tax ID or Social Security number, and you'll have to file Form 2441 with your return. The credit is calculated based on your income and has a maximum amount of qualifying expenses ($3,000 for one qualifying person in 2023). It's a non-refundable credit, so it can reduce your tax to zero but won't generate a refund beyond that.

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Nia Wilson

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Don't forget about the Medical Expense deduction! If you're itemizing deductions and paying medical expenses for someone who qualifies as your dependent (which sounds like your mom would), you can deduct those expenses that exceed 7.5% of your AGI. This could include portions of her assisted living costs that are for medical care, prescription medications, medical equipment, etc.

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This is huge. My mother-in-law was in memory care last year and we were able to deduct about 60% of the facility costs as medical expenses based on documentation from the facility. Made a big difference on our taxes.

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10 Don't forget about sales tax considerations when selling to schools! Public schools are usually tax-exempt but require you to keep their exemption certificate on file. Each private school might have different tax status. This varies by state, but it's a major headache if you don't set it up correctly from the beginning.

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2 Do you have to have separate tax exemption forms for each school or can the district provide one form that covers all their schools? I'm looking at working with a district with 15+ schools and don't want to chase down individual paperwork from each one.

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10 Most school districts can provide a single tax exemption certificate that covers all schools within their district. You'll want to contact the district's business office or accounting department rather than individual schools. They typically have a standardized process for vendors. Private schools are different - each one operates independently and you'll need separate documentation for each. Also, be aware that in some states, only certain categories of purchases by schools are tax-exempt (like instructional materials), while others might be taxable. Your state's department of revenue website should have specific guidance for educational sales.

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5 Something nobody's mentioned yet - consider setting up a separate "educational sales" category in your accounting system from day one. I learned this the hard way with my craft supply business. It makes tracking profitability of that segment MUCH easier, plus if you get audited, having those sales pre-categorized saves tons of time. If your POS system allows it, create specific discount codes for tracking teacher discounts vs. school institutional purchases.

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14 Smart advice! What percentage discount do you typically offer to teachers vs. schools as organizations? I'm trying to figure out a structure that's attractive enough but doesn't kill my margins.

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One thing nobody mentioned yet - if you're giving away hats at promotional events (your scenario 3), make sure you're tracking the locations of those events. Different states have different rules about this. Some states consider the location of the promotional giveaway to determine which state's use tax applies. So if you have events in multiple states, you might need to pay use tax to those specific states rather than just your home state. I learned this the hard way after giving away products at a trade show in California when my business is based in Nevada. Had to file an additional tax return just for that event!

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Thank you for bringing this up! I hadn't even considered the multi-state aspect. We are planning to do some promo events in neighboring states. Do you know if there's a minimum value threshold before you have to worry about filing in another state? Like if we only give away 20-30 hats in a different state, is it even worth tracking?

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Most states do have minimum thresholds before you're required to file, but they vary quite a bit. For example, California has a $500 threshold for use tax reporting for businesses, while some other states might be higher or lower. Even if you're under the threshold, technically you still owe the tax, but the filing requirements may not kick in until you hit that minimum. I always recommend tracking everything regardless, because if you continue doing events in the same state, you might exceed the threshold over time. Better to have the data and not need it than try to reconstruct it later!

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Tate Jensen

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Forgetting all the tax stuff for a sec... curious what website platform you're using to sell hats? I'm trying to start something similar but can't decide between Shopify and WooCommerce. Any recommendations?

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Adaline Wong

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Not OP but I use Shopify for my merch business and their tax handling is actually pretty decent for the standard stuff. They have automatic tax calculation for regular sales, but they don't handle promotional items specially. You still need to manage that part manually or with additional tools.

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Diego Vargas

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Something important nobody mentioned - if you use a payment app like Venmo, PayPal, Cash App, etc. and received more than $600, they'll be sending you and the IRS a 1099-K for 2025. So the income will be reported regardless of what you do. Better to properly report it than have the IRS come asking questions later!

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Wait really? I didn't know they report to the IRS! Most of my payments come through PayPal and Venmo. Does that mean the IRS already knows about this income even if I haven't reported it yet?

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Diego Vargas

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Yes, this is a relatively recent change that's been fully implemented. If you received more than $600 total in payments for goods or services through these platforms in 2024, they'll issue a 1099-K that goes to both you and the IRS for your 2025 filing. The IRS will be able to see that you received these payments, though they won't know specifically what you sold. This is exactly why it's important to properly report the income on your Schedule C rather than ignoring it - the information is already being reported to the IRS through these third-party payment processors.

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NeonNinja

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I'm confused about the whole dependent situation. If your parents claim you, can you still take deductions for your business expenses? Or do they get those deductions?

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Your business deductions are completely separate from your dependent status. Even if your parents claim you as a dependent, you still file your own Schedule C for your business income and take all applicable business deductions yourself. Your parents claiming you as a dependent mainly affects personal exemptions and credits - it has no impact on how you report your business income and expenses. So you absolutely can (and should) take all legitimate business deductions on your Schedule C regardless of dependent status.

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Ezra Collins

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For your specific situation, consider these factors: 1. Time value - Track how many hours it would take you to DIY vs the $375 cost 2. Peace of mind - If you're constantly worried about mistakes, that stress has a real cost 3. Learning curve - First year with multiple businesses is steepest 4. Future years - The knowledge from this year makes next year easier I personally think paying once is smart since you can ask questions throughout the process and take notes for next year. With a mortgage, multiple businesses and a contractor, there are nuances worth learning from a pro.

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Noah Torres

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You make some really good points about the time value and peace of mind. I just timed myself trying to figure out just the home office deduction rules last night and it was a solid 2 hours of research and I'm still confused. At that rate I'd probably spend 20+ hours figuring everything out myself.

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Ezra Collins

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That's exactly why I recommended the professional route for this year! The home office deduction alone has so many nuances - like if you're teaching piano in that space, you need to track the hours used for business versus personal use, and calculate the percentage of your home's square footage. When you multiply that complexity across multiple businesses, contractor payments, and mortgage interest considerations, those 20+ hours could easily become 30-40 hours. Plus, a good tax professional won't just complete your forms - they should be explaining the process so you can learn for future years.

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i did my own taxes with 2 side hustles + w2 job but honestly might not do it again lol took me FOREVER and im still not 100% sure I did it right??? if you go with a tax person ask them to explain what theyre doing so you learn for next time. thats my plan for nxt year

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If you're worried you did something wrong, you can always file an amended return! I messed up my deductions last year and filed a 1040X to fix it. Not super complicated but def easier to get it right the first time.

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