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Why not just keep the stocks if they've been performing well? Moving from individual stocks to index funds isn't always necessary, especially if they're blue chip companies. You're guaranteeing a tax bill by selling now.
I've considered that, but the inheritance left me really overweighted in just two sectors (finance and healthcare). The financial advisor at Vanguard recommended I diversify since these stocks now make up almost 30% of my total portfolio. I'm just trying to be smart about when and how I make the transition to minimize the tax hit.
I understand wanting to diversify, but consider doing it gradually over a couple of tax years instead of all at once. You could sell enough this year to stay in a lower tax bracket, then do the rest next year. Also worth checking if any of these companies offer dividend reinvestment plans (DRIPs). If they do, you could potentially shift some portion to those programs and slowly diversify without selling and triggering capital gains.
Don't forget about the wash sale rule! It doesn't apply to gains, only losses. So if you really like some of these companies but want to reset your basis, you can sell them and buy them right back. Your new basis would be the repurchase price.
That's actually incorrect. The wash sale rule only applies when you sell at a LOSS and then rebuy within 30 days. OP is dealing with GAINS, so the wash sale rule isn't relevant here at all. Plus, what would be the point of selling at a gain, paying taxes, and immediately rebuying? That would just create a tax bill with no benefit.
Have you run the numbers both ways (joint vs separate) to see the actual tax difference? In my experience with clients who have LLCs, the self-employment tax isn't affected by filing status, so your wife will owe that regardless. But filing jointly often provides other benefits that outweigh the unpaid estimated tax issue. Also, look into whether the grant was taxable income. Some state grants are exempt from taxation depending on their purpose.
I haven't run the full numbers yet. I was hoping to understand the principles first before diving into calculations. That's helpful to know about the self-employment tax being unaffected by filing status. The grant was specifically for childcare program enhancement, so I'll definitely look into whether it qualifies as tax-exempt. Hadn't even considered that possibility!
One thing no one's mentioned is the audit risk. If your wife's LLC has issues with missed estimated payments, filing separately might keep you from being included in any potential audit of her business. My brother-in-law got dragged into a 3-year audit nightmare because of his wife's side business when they filed jointly.
This is actually a misconception. Filing separately doesn't protect you from audit risk if the business is legitimately your spouse's. The IRS can still look at both returns regardless of filing status. What might help is filing for innocent spouse relief if there are unreported income issues.
I work at a community tax clinic, and I see cases like yours frequently. One option that hasn't been mentioned yet is an Offer in Compromise, where the IRS agrees to settle your tax debt for less than the full amount if you qualify based on your income, expenses, asset equity, and ability to pay. With your health issues and limited income, you might be a good candidate. The IRS has become more flexible with these programs in recent years. You can check if you might qualify using the IRS's Offer in Compromise Pre-Qualifier tool on their website. Another option is Currently Not Collectible status. If your financial situation is dire enough, the IRS can temporarily classify your account as CNC, which stops collection activities while you're financially unable to pay.
This is incredibly helpful - I had no idea these options existed. Do these programs stop the levy process right away? And if I apply for an Offer in Compromise, how long does that typically take to process?
Yes, both applying for an Offer in Compromise or being placed in Currently Not Collectible status will stop the levy process immediately. The IRS can't continue collection actions while your offer is being evaluated or while you're in CNC status. The Offer in Compromise process typically takes 6-9 months from submission to decision. During this time, your collection statute (the 10-year period the IRS has to collect) is extended. If your offer is accepted, you'll typically need to pay the settlement amount within 24 months or in some cases as a lump sum within 5 months (which often results in a lower settlement amount).
One important thing - KEEP IN MIND that the 10-year statute of limitations on collecting tax debt!!! Each tax year has its own 10-year clock that starts when the tax is assessed. If some of your unfiled returns are from 10+ years ago, the IRS may not be able to collect on those specific years anymore.
This is only partly right. The 10-year clock doesn't start until the tax is actually assessed, which requires filing a return or the IRS creating a substitute return for you. For unfiled returns, that clock might not have even started yet!
I'm an accountant who works with several family farms, and I'd recommend looking into Section 1361(c)(2)(A)(ii) Qualified Subchapter S Trust (QSST) if the farm is an S Corporation. It might allow you to shift some income without disrupting the family operations. Also, check if the farm is taking all agricultural deductions like Section 179 for equipment. Sometimes family farms miss these opportunities because they've "always done it this way" for generations.
Thanks so much for this info! The farm is indeed an S Corp. Would setting up a QSST require getting everyone in the family on board? And how exactly would it help with our tax situation? Sorry if these are basic questions, this farm tax situation is completely outside my experience.
Setting up a QSST would only involve your wife's shares, not the entire family structure. It creates a trust that holds her shares, which can sometimes provide more flexibility in how and when income is recognized. The main benefit would be potential income timing advantages and possibly some estate planning benefits as well. However, it does require proper setup by someone familiar with both trust law and agricultural tax issues. It's not a DIY solution, but depending on the value of the shares and ongoing income, it might be worth the setup costs.
Have you guys checked if the farm is taking advantage of income averaging? IRS Schedule J lets farmers average their income over 3 years which can really help with tax situations, especially in good years. It's a huge benefit that a lot of family farms don't even know about.
Omar Zaki
One thing nobody's mentioned is that you might want to adjust your W-4 withholding with this change. Since you're effectively getting more taxable income, your current withholding might not be enough to cover the additional tax liability. I learned this the hard way last year when my company did something similar - ended up owing at tax time when I normally get a refund. Might be worth using the IRS withholding calculator to make sure you're having enough taken out to cover the difference!
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Chloe Taylor
ā¢Would you need to fill out a new W-4 form for this? Or can you just ask payroll to withhold an additional specific amount each paycheck? I've never adjusted my withholding before and don't want to mess anything up.
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Omar Zaki
ā¢You would need to submit a new W-4 form to your employer. There's a section on the form (Step 4c) where you can specify an additional amount you want withheld from each paycheck. You don't necessarily need to complete the whole form again. Many employers will let you just indicate the additional amount you want withheld. I'd recommend using the IRS Tax Withholding Estimator on the IRS website to calculate how much extra you should have taken out based on this new income. It's much better to handle this now than to get surprised with a tax bill next April!
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Diego Flores
Does anyone know if companies are required to gross up these kinds of changes? My employer is planning to switch from $200 monthly stipends to a $2400 annual increase, but they're acting like they're doing us a favor when I know I'll lose money on this deal.
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Anastasia Ivanova
ā¢No, there's no requirement for employers to gross up the amount. It's completely at their discretion. But it's definitely not a favor if they're just converting the same dollar amount from non-taxable to taxable!
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Diego Flores
ā¢Thanks for clearing that up. I figured that was the case but wanted to check. Guess I'll be having a chat with my manager tomorrow with some calculations in hand!
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