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So I'm in a similar situation but slightly different. I have a 16 year old that lives with me and my boyfriend (we're not married). I claim the EIC for my child, but my boyfriend provides more than half the household expenses. Can he still file as HOH or does he have to file as single?
Based on IRS rules, your boyfriend would need to file as Single, not Head of Household. To file as HOH, he would need a "qualifying person" who is either his qualifying child or qualifying relative. Since you're already using your child's SSN for EIC purposes, your boyfriend generally can't use the same child as his qualifying person for HOH status. This is a common issue in unmarried couples with children. Only one taxpayer can claim a specific child for purposes like this, and using the SSN for EIC essentially "locks in" that child to your tax return for these purposes.
This might be a dumb question but would it make a difference if OP and partner got married? Would they be able to file jointly and get both the EIC and whatever benefit they were trying to get with the HOH status?
Not a dumb question at all! If they got married, they could file jointly which would eliminate the HOH issue entirely. Married Filing Jointly often provides better tax benefits than two separate returns (one HOH and one Single). When filing jointly, they could claim their daughter as a dependent (if she otherwise qualifies) and also claim EIC if they meet the income requirements. Married Filing Jointly sometimes has higher income thresholds for certain credits too. However, there can occasionally be a "marriage penalty" if both partners have similar high incomes.
I've been using this exact structure (C-Corp + S-Corp) for 3 years now in my manufacturing business. Here's my experience: The key is making sure the consulting agreement is DETAILED and the S-Corp is providing real, documentable services. I have my S-Corp handle all executive management, marketing strategy, financial oversight, and business development. We keep detailed logs of hours, projects, and deliverables. The IRS did question this in a correspondence audit last year. What saved me was having: 1) A third-party compensation study showing my consulting rates were reasonable 2) Detailed work documentation and deliverables 3) Separate physical locations, email systems, and business operations Also important: Don't have the EXACT same ownership percentages in both entities. Mine are slightly different (I have a minority partner in the C-Corp but not the S-Corp).
How much did that third-party compensation study cost? And did you have a tax attorney help set all this up or did you DIY it? Seems like a lot of complexity just to avoid some taxes.
The compensation study cost about $3,500, but was worth every penny when the IRS came calling. I did have a tax attorney help set everything up initially - cost around $8,000 for all the documentation, agreements, and structure. Yes, it's not cheap upfront, but I've saved well into six figures in taxes over three years. It's not just about tax savings though. The structure actually makes business sense for us - the C-Corp focuses on production and operations while the S-Corp handles strategy and growth initiatives. Having the separation has helped us clarify roles and responsibilities within the company.
Has anyone considered the state tax implications of this setup? I did something similar and while it worked fine for federal, my state (CA) has additional rules about related entities that nearly negated all the benefits.
One thing no one's mentioned yet is that you need to check if your plans are actually separate or if they're part of the same "plan" for IRS purposes. My company offers what they call separate plans but they're actually considered a single plan with different components for IRS contribution limit purposes. I found this out the hard way when I overcontributed last year and had to deal with removing excess contributions and the associated earnings (what a nightmare). The plan administrator should be able to tell you definitively how the IRS views your specific plans.
Thanks for pointing this out. Did you have to pay any penalties for overcontributing? And how complicated was the process to remove the excess?
I didn't have to pay penalties because I caught the overcontribution before filing my taxes and had the excess removed. The process wasn't simple though. I had to contact the plan administrator and request a "return of excess contributions." They had to calculate not just the excess amount but also any earnings attributed to that excess. The returned excess contributions were added to my taxable income for the year they were distributed, not the year I contributed them. The earnings on the excess were taxable in the year they were distributed. The plan administrator sent me a 1099-R showing the distribution with a special code indicating it was a return of excess contributions. It was definitely a headache I don't want to repeat!
OP, in case you're still wondering - the answer is in IRS Publication 571 and the related Code Section 415(c). The limit is PER EMPLOYER, not per plan. However, there's a twist with 403(b) plans that might be causing the confusion. For 403(b) plans, there's something called the "15-year rule" which allows for additional catch-up contributions if you've worked for the qualifying employer for at least 15 years. There's also the age 50+ catch-up contribution that's separate from the main limit. Additionally, 457(b) plans have entirely separate limits from 401(k)/403(b) plans, so if one of your plans is a 457(b), that could explain why people are saying you can exceed the regular limit.
This is the correct answer! I work in benefits administration for a large university. The confusion usually comes from people misunderstanding the relationship between different plan types. The 415(c) limit (which was $58,000 in 2021 and is now $69,000 for 2024) applies across all qualified plans of the same employer EXCEPT for 457(b) plans, which have their own separate limit.
Thanks for confirming! It's amazing how much misinformation circulates about retirement plan limits. Even financial advisors sometimes get the details wrong about these specialized situations. One more thing I should mention to the OP - if your employer has a 457(b) plan available (which many educational and non-profit organizations do), that's probably what people are referring to when they say you can contribute "double" the limit. You could potentially max out both your 403(b) and a 457(b) in the same year.
Something to keep in mind with amended returns - make sure you're tracking your refund the right way. The regular "Where's My Refund" tool doesn't work for amendments. You need to use the "Where's My Amended Return" tool specifically. Also, if you filed your original return with direct deposit, don't assume your amended return refund will come the same way. They often send amended refunds as paper checks even if you previously got direct deposit. Learned this the hard way last year when I kept checking my bank account while the check sat in my mailbox for a week!
Thanks for mentioning this! I had no idea they might send a paper check instead. Do you know if there's any way to specifically request direct deposit for the amended return refund?
Unfortunately, there's no option to request direct deposit for amended return refunds specifically. The 1040-X form doesn't have a section for bank information like the regular 1040 does. The IRS defaults to paper checks for amendments as a security measure, since amendments are processed differently than original returns. Just keep an eye on your mail around the time they say it should be completed. The check will come in a standard government envelope that can easily be mistaken for junk mail if you're not careful!
One tip I learned from my accountant - if you e-file your amendment, you can check the status online after about 3 weeks. But if you mail a paper amendment, you should wait at least 16 weeks before even trying to check the status. I mailed my amended return for 2022 last year (for a similar mortgage interest issue) and tried checking after 8 weeks - the system couldn't find any record of it. Nearly had a heart attack thinking it was lost! Called the IRS in a panic only to be told paper amendments don't even get entered into their electronic system until they're assigned to a processor, which can take 12+ weeks.
E-filing amendments is definitely the way to go now. I did one last month and could see it in the system after just 9 days!
Kelsey Hawkins
Something to be aware of with the Saver's Credit - the income limits are pretty low compared to other tax benefits. I qualified when I was early in my career, but got a raise and suddenly wasn't eligible anymore even though I wasn't making that much. For married filing jointly, you need AGI under $76,500 (for 2024 filing in 2025), which sounds like a lot but can be hit quickly with two moderate incomes. And the credit percentage drops as your income rises - only those with very low incomes get the full 50% rate.
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Zadie Patel
ā¢That's good to know! Is there anything I can do to lower my AGI if I'm close to the cutoff? I'm currently single making around $35k, so I think I'm still under the limit, but I'm expecting a raise soon.
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Kelsey Hawkins
ā¢Contributing more to your pre-tax 401(k) is actually one of the best ways to lower your AGI! Those contributions come out before your AGI is calculated. For example, if you're at $39,000 and the limit is $38,250, contributing an extra $750 to your 401(k) would get you under the threshold. Health Savings Account (HSA) contributions also reduce your AGI if you have a high-deductible health plan. Traditional IRA contributions can reduce AGI too, but that might be limited since you participate in a workplace plan.
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Dylan Fisher
I had this exact same issue with multiple tax softwares giving conflicting info about the Saver's Credit! Found out later that some tax programs have outdated descriptions that date back to when the credit was first introduced as the "IRA Tax Credit" in early 2000s. The Saver's Credit was expanded years ago to include 401(k)s, 403(b)s, 457 plans, and even the federal Thrift Savings Plan (TSP). So yes, your 401(k) contributions absolutely count!
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Edwards Hugo
ā¢This explains so much! Been using TaxAct for years and they have weird descriptions for some credits. Wonder how many people miss out on credits they qualify for because of confusing descriptions.
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