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Im sorry but all these people saying joint filing is better are giving generic advice. My wife and I SAVE money filing separately bc she has income based student loan repayment. By filing separately her student loan payments are like $150/month vs $900/month if we file jointly bc my income wouldn't be counted for her loan calculation. So even tho we pay maybe $800 more in taxes filing separately, we save like $9000 a year in student loan payments!!! You gotta run the numbers both ways and look at the WHOLE financial picture, not just the tax part.
This is such a good point! The exact same situation applies to us - the student loan savings from filing separately FAR outweigh the tax benefits of filing jointly. It's absolutely worth calculating both ways. Also worth noting that if you're on PSLF (Public Service Loan Forgiveness), filing separately can dramatically reduce your required payments while you're working toward forgiveness, which is basically free money if you're going to get the loans forgiven anyway.
I'm an accountant and the biggest mistake I see clients make is assuming the answer is the same year after year. Your optimal filing status can change based on: 1. Changes in income distribution between spouses 2. Medical expenses exceeding the AGI threshold 3. Student loan situations as others mentioned 4. Rental property or business losses 5. Risk of tax debt (filing separately can protect one spouse from the other's tax liability) 6. MAGI thresholds for certain deductions and credits Do yourself a favor and calculate both ways every year - or have your tax preparer do it. The software makes it pretty easy to compare.
Thanks for the professional perspective! I didn't even think about how this could change year to year. So basically I need to run the numbers both ways each tax season to see which is better for our specific situation? Is there a quick way to estimate which might be better without doing the full tax return twice? Maybe some rules of thumb about when separate filing tends to be better?
Yes, calculating both ways each year is the safest approach since tax laws and your financial situation both change over time. For a quick estimation, separate filing tends to be more beneficial in these specific scenarios: 1. When one spouse has medical expenses exceeding 7.5% of their individual AGI (but not of joint AGI) 2. When income-based student loan repayment is involved (as others mentioned) 3. When one spouse has significant miscellaneous itemized deductions 4. When you want to keep tax liability separate (e.g., concerns about tax debt or refund offsets) 5. When one spouse qualifies for certain income-based benefits that would be lost with combined income Most tax software has a "what-if" scenario tool that lets you compare filing statuses without recreating the entire return. It's usually just a few clicks to see the difference, and it's absolutely worth checking every year.
19 Former tax preparer here. Make sure that when you're submitting your abatement request, you specifically cite Treasury Regulation 1.6664-4, which covers reasonable cause due to reliance on a tax professional. You need to demonstrate three things: 1) The adviser was a competent professional with sufficient expertise 2) You disclosed all relevant facts to the adviser 3) You actually relied in good faith on the adviser's judgment Also, get a statement from your accountant acknowledging they made the filing determination. This significantly strengthens your case.
5 Would the accountant be liable for any of the penalties since they're the ones who made the mistake? I'm dealing with something similar where my accountant completely missed reporting my crypto transactions.
19 The accountant generally wouldn't be directly liable to the IRS for the penalties, as the ultimate responsibility for tax compliance falls on the taxpayer. However, you may have a potential claim against the accountant for professional negligence or malpractice. For your crypto situation, that's a bit different. Cryptocurrency reporting requirements have evolved rapidly, and there's been some confusion among tax professionals. Still, if your accountant knew about your crypto transactions and failed to report them properly, you should document this thoroughly when requesting abatement, and consider whether their error rises to the level of professional negligence.
8 I feel your pain! My husband and I had a similar issue with our LLC last year. Our saving grace was IRS Revenue Procedure 84-35, which provides special penalty relief for small partnerships (10 or fewer partners). Since you mentioned it's just you and your husband, you might qualify. This is IN ADDITION to the reasonable cause argument others have mentioned. The key requirements are that all partners are individuals (not corporations), all income was timely reported on your personal returns, and each partner's share of each partnership item is the same as their share of every other item. Might be worth mentioning specifically in your abatement request!
1 That's really helpful! I'll definitely look into Revenue Procedure 84-35. Does this apply even if we technically filed Schedule C forms instead of partnership returns? All of our income was definitely reported on our personal returns - we paid all the taxes we owed, just on the wrong forms apparently.
Just adding another perspective - I've run both types of corporations over the years. If your primary goal is to avoid pass-through taxation on your personal return, a C Corp is definitely your best option. But there are some other considerations: - C Corps can retain earnings more easily for business growth - S Corps have more flexibility with distributions - C Corps face potential double taxation on distributions (corporate tax + personal dividend tax) - S Corps can't have more than 100 shareholders and have stricter ownership rules - C Corps have more fringe benefit options for owner-employees One often overlooked benefit of C Corps is the ability to have a more flexible fiscal year rather than being forced to use a calendar year for taxes.
Do you have any thoughts on the ideal income level where C Corp makes more sense? I've heard different thresholds from different advisors.
The income threshold where a C Corporation becomes more advantageous varies based on your specific situation, but generally, C Corps tend to make more sense when business income exceeds $300,000-$400,000. At that level, the corporate tax rates and ability to retain earnings for growth often outweigh the double taxation concerns. However, it's not just about income level. You should also consider your growth plans, whether you need to retain significant earnings in the business, plans for raising capital, and your personal financial situation. If you're planning to reinvest most profits back into the business rather than distributing them, a C Corp structure can be beneficial even at lower income levels since those retained earnings aren't being double-taxed.
Has anyone recently formed a C Corp in a state different from where they live? I'm considering Wyoming or Nevada for better privacy laws while I live in California. Any tax implications I should know about?
I did exactly this - formed a Wyoming C Corp while living in NY. You need to be aware of "doing business" rules - you'll likely need to register as a foreign corporation in your home state anyway and potentially pay taxes there. The privacy benefits remain, but you don't escape state taxation where you're physically located and working.
One thing nobody's mentioned yet is that you might want to stop claiming the home office deduction for a period before selling. If you convert the office back to personal use for at least 2 years before selling, you might be able to avoid this issue altogether. I did this and was able to get the full exclusion on my entire house.
That's interesting! So if I stop using the room as an office and just use it as a normal bedroom or something for 2 years before selling, would that fix the problem completely? What about the depreciation I've already taken in previous years?
Converting back to personal use can help with future capital gains treatment, but unfortunately any depreciation you've already taken will still need to be recaptured when you sell. That's unavoidable. The good news is that only applies to the actual depreciation you claimed, and only for the period you claimed it. So stopping the home office deduction now won't erase past depreciation, but it prevents you from creating more tax liability going forward.
I just went through this when selling my house last month! What saved me was keeping meticulous records of all home improvements I made over the years. Those all add to your cost basis and reduce the taxable gain, which is especially important for the home office portion. Make sure you have receipts for everything - new roof, kitchen remodel, bathroom updates, even smaller upgrades like ceiling fans or a water heater.
Does this really make a big difference? And what about regular maintenance stuff like painting or fixing things that break? Can those count too?
Vanessa Figueroa
You also need to check with your state about quarterly filing requirements. Some states have different deadlines and threshold requirements than federal. I got hit with a state penalty even though I was up to date with federal!
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Paloma Clark
ā¢I didn't even think about state requirements! Do you know if most states follow the same quarterly schedule as the federal one, or is it completely different?
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Vanessa Figueroa
ā¢Most states do follow the federal quarterly schedule (April 15, June 15, September 15, January 15), but there are definitely exceptions. California, for example, doesn't have a January payment but requires higher percentages for the earlier payments. The income thresholds for when you need to start making estimated payments can also vary by state. In some states, you might need to make estimated payments at a lower income level than federal requirements.
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Abby Marshall
Something everyone missed - make sure you're setting aside money for taxes with EVERY payment you receive! I recommend 30% minimum to cover federal, state, and self-employment taxes. I learned this the hard way my first year freelancing and ended up with a huge tax bill I couldn't pay.
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Sadie Benitez
ā¢30% seems high. I've been doing 25% and that's been more than enough. Guess it depends on your tax bracket and state though.
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