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One important thing I learned when I had this same issue - keep really good documentation of everything. When I tried to correct an accidental non-qualified HSA expense, my HSA administrator wanted: 1. Original receipts 2. Letter explaining the mistake 3. Proof I returned the funds 4. Confirmation for tax purposes Keep all emails, confirmation numbers, and names of representatives you speak with. My HSA provider initially "lost" my correction paperwork and tried to report it as a distribution anyway. Having everything documented saved me a huge headache.
I caught mine and corrected it within the same tax year, so I just had to return the funds to my HSA account. No penalties or taxes since I fixed it before filing. Since some of your charges go back to last year, you might have a different situation. If you already filed taxes claiming those as qualified expenses, you'll likely need to file an amended return and potentially pay the 20% penalty on those specific amounts.
Did your husband see a licensed psychiatrist or just a therapist? That can make a difference. A psychiatrist's services are more likely to be considered qualifying even without a specific diagnosis. Also, check if any of the sessions resulted in a diagnosis code eventually - sometimes they don't diagnose right away but do add a code later.
This is actually incorrect information. The type of provider (psychiatrist vs therapist) doesn't automatically make the expense qualified. What matters is whether the service is for medical care as defined by the IRS. Mental health treatment IS covered, but general wellness counseling is not considered "medical care" regardless of who provides it.
Former IRS employee here... wanted to add to the tax lawyer vs CPA discussion. One MAJOR difference not mentioned yet: a tax lawyer can claim attorney-client privilege, which means communications with them generally can't be used against you. CPAs don't have the same level of privilege (there's a limited accountant privilege but it's not as strong). So if you've got something potentially problematic in your tax situation, a tax attorney gives you more protection. For routine tax planning and preparation, a CPA is usually fine and often more affordable.
Is the attorney-client privilege only for criminal tax issues or does it apply to civil tax problems too? I'm dealing with some back taxes but nothing criminal.
Attorney-client privilege applies to both civil and criminal tax matters. Even in civil tax disputes, the privilege protects your communications with your attorney from being disclosed. This can be particularly important if you're discussing strategies, weaknesses in your position, or settlement options with your attorney. With a CPA, those conversations could potentially be discoverable by the IRS in certain situations.
why not both?? my family uses both a CPA and tax attorney and they work together. CPA handles all the regular tax filings and planning stuff throughout the year and when something complicated comes up (we had an offshore inheritance issue last year) the tax attorney steps in for the legal aspects. best of both worlds tbh
Isn't that super expensive to have both? I'm trying to figure out which one I need without breaking the bank.
Just want to add that if you're a retail employee, focus on deductions you CAN actually take instead of the clothing that's probably not deductible: - Mileage for work-related travel (not commuting) - Professional association memberships - Work supplies you buy yourself - Job hunting expenses in your current field - Work-related education I've been in retail management for 8 years and these are much more valuable deductions than trying to claim regular clothes.
Wait, I thought the Tax Cuts and Jobs Act eliminated employee business expenses deductions? My tax preparer told me we can't deduct any of that stuff anymore, even with receipts.
You're absolutely right, and I should have been clearer. The Tax Cuts and Jobs Act suspended most unreimbursed employee business expense deductions for W-2 employees through 2025. Self-employed individuals, independent contractors, and business owners can still deduct these types of expenses. Also, some states still allow these deductions on state returns even though they're suspended at the federal level. Always best to check with a tax professional for your specific situation.
Has anyone actually tried deducting retail clothes and gone through an audit? My roommate works at Hollister and says she's been deducting her work clothes for years with no issues. She says as long as you keep it reasonable (like under $1000) the IRS doesn't care.
Your roommate is playing audit roulette. The IRS has a 3-year window to audit returns, and some returns are randomly selected regardless of what's claimed. Just because she hasn't been caught doesn't mean what she's doing is legal or that she won't eventually get caught.
Another option you might consider is a 1031 exchange for one of the properties instead of using the primary residence exclusion. If one of the homes has appreciated significantly more than $250k, you could potentially defer all that gain by reinvesting in another property. Obviously, this only makes sense if you're planning to buy another property anyway, but it's worth considering as part of your overall strategy. You'd need to work with a qualified intermediary, and there are strict timelines (45 days to identify replacement property, 180 days to close), but it could potentially save you more in taxes than the primary residence exclusion.
That's an interesting idea I hadn't considered. Do both properties need to be investment/rental properties for a 1031 exchange to work? One of our homes has been purely a primary residence, while the other we rented out for about 18 months a few years back.
Yes, this is an important distinction - 1031 exchanges only work for investment or business properties, not primary residences. If the home you rented out for 18 months has since been your primary residence, you'd need to convert it back to a rental before attempting a 1031 exchange. For a mixed-use property (part rental, part primary residence), the exchange can get complicated. You might be able to do a partial 1031 exchange on the portion used for business/investment, but you'd need a tax professional to help structure this correctly. The primary residence exclusion is usually simpler for homes that have been your main home for 2+ years.
Has anyone dealt with the "unforeseen circumstances" exception to the 2-year rule? My understanding is that if you HAVE to sell both homes within 2 years due to health issues, job relocation, etc., you might qualify for a partial exclusion even if you don't meet the usual look-back requirements.
I used this when I had to relocate for a job after only living in my house for 14 months. You get a prorated portion of the exclusion based on how long you lived there divided by 24 months. So in my case, I got 14/24 of the $250k exclusion (about $146k). But you need legitimate unforeseen circumstances - not just wanting to sell two houses close together.
Omar Fawaz
Something important that nobody mentioned yet: You can deduct half of your self-employment tax on your income tax return! So while the SE tax itself might be high, you do get some relief when calculating your income tax. Also, don't forget to look into the Qualified Business Income deduction (Section 199A). Depending on your income level and business type, you might be able to deduct up to 20% of your qualified business income, which can significantly reduce your income tax (though not your SE tax).
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AstroAdventurer
ā¢Can you explain more about this Qualified Business Income deduction? Is that something I can claim as a freelance consultant, or is it only for certain types of businesses?
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Omar Fawaz
ā¢The Qualified Business Income (QBI) deduction is definitely available to freelance consultants in most cases. It allows you to deduct up to 20% of your qualified business income from your taxable income for federal income tax purposes. There are income limitations that begin to phase out the deduction if your taxable income exceeds $170,050 for single filers or $340,100 for joint filers (for 2025). If your income is below those thresholds, you should qualify for the full deduction regardless of your business type. This can be a huge tax saver - potentially reducing your income tax by thousands.
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Chloe Anderson
Has anyone tried setting up an S-Corp instead of staying as a sole proprietor? I've heard it can save on SE taxes since you only pay them on your "reasonable salary" rather than all profits.
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Diego Vargas
ā¢I switched to an S-Corp two years ago when my net income hit about $80k. It's saved me roughly $4-5k per year in SE taxes. You pay yourself a "reasonable salary" that's subject to FICA (social security/medicare), but the rest can be taken as distributions that aren't hit with SE tax.
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