


Ask the community...
Don't forget to keep really good records for your AOTC claim! My brother got audited last year because he claimed the full credit but didn't have receipts for his textbooks. Save ALL receipts for required books, supplies, and equipment. The IRS is pretty strict about documentation for education credits.
Oh that's scary! I haven't been great about keeping receipts for my textbooks... do digital receipts from Amazon and the campus bookstore work too? And how long should I keep these records?
Digital receipts are absolutely fine! Just make sure they clearly show what was purchased (the book title), the date, and the amount. I recommend saving them as PDFs and keeping them in a dedicated folder on your computer or cloud storage. You should keep all tax-related records for at least 3 years after you file your return, since that's typically how far back the IRS can go for an audit. Some experts recommend keeping them for 6-7 years to be extra safe. My brother's audit happened about 2 years after he filed that return.
Quick heads up - another requirement for the AOTC that people sometimes miss is that you can't have a felony drug conviction. Also, if someone else claims you as a dependent (like your parents), then THEY would get the credit, not you. Make sure you coordinate with your parents so you don't both try to claim it!
One thing nobody has mentioned yet - make sure you keep detailed records of everything related to your employment relationship! The more evidence you have showing your wife was treated as an employee, the better. Things like: - Emails about work schedules - Instructions from supervisors - Company policies she had to follow - Evidence she used company equipment - Any performance reviews - Communications about how work should be done I went through this last year and my SS-8 was approved because I had saved everything. My coworker filed at the same time but didn't have as much documentation and is still waiting for a determination.
Thanks for the advice! We actually have a bunch of this stuff already - especially emails about schedules and very detailed instructions on how to complete tasks. There's also an employee handbook she had to follow despite being classified as a "contractor." Would it be helpful to include copies of these with the SS-8 form or just describe them?
You should definitely include copies of the most relevant documents along with your SS-8 filing. The employee handbook is particularly valuable evidence - that's a smoking gun that shows they treated her as an employee. I'd select the strongest 10-15 examples rather than overwhelming them with everything. Focus on documents that clearly show the company controlled how and when she worked, required her to follow specific procedures, or explicitly treated her as part of the company rather than an outside contractor.
Has your wife tried talking to her employer directly about this before filing the SS-8? Some companies genuinely don't understand the classification rules and might fix it voluntarily if approached. I was misclassified a few years ago, and when I explained the issue to my boss with some printouts from the IRS website, they actually reclassified me and issued a W-2 instead. Saved a lot of hassle with forms and waiting for IRS determinations.
This is terrible advice. Most employers know exactly what they're doing - saving themselves the employer portion of payroll taxes and avoiding labor laws. Approaching them directly just gives them a heads up that you're onto them and time to prepare a defense or even fire you.
Another important consideration with MFS vs standard deduction - if you itemize and claim the mortgage interest/property tax while your spouse is forced to itemize with minimal deductions, remember you can still split certain deductions. For example, in my state (CA), we can split the state income tax paid between spouses when filing MFS. My wife took the mortgage interest ($11K), and I took most of our state income tax deduction ($9K) so we both benefited from itemizing.
That's interesting - I thought state income taxes were allocated based on who paid them? Like if it came out of your paycheck, it's your deduction. Can you really just decide how to split them?
You're right that generally withholding is tied to each spouse's earnings. What I was referring to is that in community property states like California, income (and the taxes paid on that income) is considered equally owned by both spouses regardless of who earned it. So in states like CA, WA, TX, etc., you have more flexibility in how certain deductions are allocated when filing MFS. But you're absolutely correct that in non-community property states, you can only deduct the state taxes you personally paid.
Don't forget about the SALT cap when doing these calculations! State and Local Tax deductions (including property tax) are limited to $10,000 total ($5,000 for MFS). So if your property taxes are $3,700, you can only deduct an additional $1,300 in state income taxes when on MFS before hitting that cap.
This is a hugely important point that a lot of people miss. I live in NJ where property taxes alone can exceed the SALT cap, so the mortgage interest deduction becomes the main factor in whether itemizing makes sense.
One thing nobody's mentioned yet - make sure you're keeping detailed records of who you talk to at the IRS, dates of all your submissions, and certified mail receipts if possible. I went through something similar in 2022 and even after they acknowledged my documentation was correct, I still got a collections notice months later. Having all my records organized saved me because I could immediately reference the previous conversation and case number, which helped the next rep locate the notes on my account. Also take screenshots of any online account updates showing they received your forms.
Thanks for this advice. I've been keeping everything in a folder but haven't been writing down details of phone calls. Did you use any particular system to track everything? I'm worried they'll "lose" my 4852 form somehow.
I just created a simple spreadsheet with columns for date, time, representative name/ID number, what was discussed, and any confirmation/case numbers provided. After every interaction, I'd immediately update it while the details were fresh. For documents, I always send everything certified mail with return receipt. It costs a bit more but gives you proof they received it with the exact date. I also learned to send a cover letter with every submission that clearly states what forms are enclosed and references any previous correspondence. This creates a paper trail that's invaluable if they misplace something.
Did you check if your IRA custodian has corrected the original reporting error? Sometimes they'll issue a corrected 1099-R that can help resolve these issues without you having to do all the work.
StarSailor
Has anyone looked at the tax implications of investing in Indian REITs? I know domestic REITs have special tax treatment, but not sure how that works with international ones.
0 coins
Connor O'Brien
ā¢I have some experience with this. Indian REITs are still relatively new but from a US tax perspective, they don't get the same favorable treatment as US REITs. The distributions get taxed as ordinary dividends without the partial return-of-capital treatment that US REITs often have. Also, you'll face additional reporting requirements on Form 8621 if the Indian REIT is considered a PFIC, which many foreign investment structures are. This can result in much more complex tax filing.
0 coins
StarSailor
ā¢Thanks for the explanation about the taxation differences. That's really helpful to know about the ordinary dividend treatment without the return-of-capital benefits. So it sounds like from a tax efficiency standpoint, I might be better off sticking with US REITs or finding a US-based ETF that gives exposure to the Indian real estate market rather than directly investing in Indian REITs. The Form 8621 filing requirement sounds like a headache I'd rather avoid.
0 coins
Yara Sabbagh
Does anyone use TurboTax for reporting their foreign investments? I'm wondering if it handles all these foreign forms or if I need something more specialized for my India investments.
0 coins
Keisha Johnson
ā¢TurboTax can handle the basic foreign tax forms like 1116, but I found it struggles with more complex situations involving PFICs and multiple types of foreign income. I switched to using a CPA who specializes in international taxation after TurboTax kept giving me errors for my Indian stock investments.
0 coins