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Have you considered setting up an S-corporation instead of a sole proprietorship? My accountant helped me structure my business this way, and it opened up some options for educational benefits. As an employee of your S-corp, you could potentially receive up to $5,250 per year in tax-free educational assistance through a qualified educational assistance program. This is allowed under Section 127 of the tax code and doesn't have the same restrictions about the education being directly related to your current job duties.
I actually haven't looked into the S-corp angle yet. How complicated was it to set that up? And does your accountant think the educational assistance program would work even for something like nursing school that leads to a different license?
Setting up the S-corp wasn't too complicated with my accountant's help - took about a month total. The key advantage is that the Section 127 educational assistance program doesn't have the same "current skills" requirement as Schedule C deductions. The program can cover any education, even if it leads to a new credential or license, as long as you set it up properly and follow the rules. My accountant confirmed it would work for nursing education. The $5,250 annual limit is the main restriction, so it wouldn't cover full-time tuition, but it's a tax-free benefit that could significantly reduce your out-of-pocket costs while staying completely above board with the IRS.
Just wanted to add that there's another option no one's mentioned - using the business to pay yourself enough salary to qualify for employer tuition assistance programs. Many hospitals will pay for nursing education if you commit to working for them afterward. If your business generates enough income, you could potentially work part-time at a place that offers education benefits while maintaining your existing business. That way you're not trying to make questionable tax deductions, but still using your business income indirectly to fund your education.
This is actually really smart. My sister went this route and had her entire nursing program paid for by working 24 hours/week at the hospital. She kept her weekend lash business going too. Much cleaner from a tax perspective!
One thing nobody's mentioned yet - if your mother makes substantial gifts during her lifetime, that could affect both the DSUE utilization and the ultimate 706 filing requirement. When someone with DSUE makes lifetime gifts, the DSUE is applied first before using their own exemption. For example, if your mother gives away $5 million during her lifetime, that would use up $5 million of the DSUE from your father, leaving the remaining DSUE plus her own exemption available at death. This sequencing can affect planning strategies if you're trying to maximize wealth transfer.
That's a really good point I hadn't considered. So if I understand correctly, if Mom starts making larger gifts to the grandkids now, those gifts would first reduce the DSUE amount from Dad rather than her own exemption? Does this have any implications for our overall strategy?
Yes, that's exactly right. When your mother makes taxable gifts (over the annual exclusion amount), those gifts use up the DSUE first, before touching her own exemption. This actually creates a planning opportunity. This sequencing can be advantageous in some cases. If there's any concern about potential future reduction in the exemption amount, using the DSUE for lifetime gifts ensures you've maximized the use of that portable exemption. Your mother's own exemption would remain intact and available at death, even if legislation reduces the exemption amount in the future. Many estate planners are recommending this strategy given that the current higher exemption levels are scheduled to sunset after 2025.
Has anyone used both a professional appraiser and the IRS's Art Appraisal Services for valuable collectibles in an estate? My parents have some artwork that might need special handling on the 706.
We used both for my father's estate which included several paintings. Definitely get your own independent qualified appraiser first. The IRS Art Appraisal Services is not there to help you - they review submitted appraisals to see if they agree with the valuation. For items over $50k, it's worth having a qualified appraiser with experience in estate tax valuations.
I think there's a lot of confusion about these GOP tax plan guides because they often don't account for the full complexity of individual situations. My wife and I have a similar income to yours (about $85k combined) with some independent contractor work, and we found that the most important factors were: 1. Whether you have kids/dependents (child tax credit changes) 2. Whether you live in a high-tax state (SALT cap effects) 3. Whether you have significant business expenses 4. If you own a home with a mortgage (interest deduction changes) Generic guides almost always oversimplify! I'd suggest focusing on your specific situation rather than general charts.
Thanks for breaking this down! So for my situation with no kids, renting an apartment, but living in a high tax state (NY), it sounds like the SALT cap would be the biggest factor to consider? The guide I saw didn't mention how this interacts with Schedule C income.
The SALT cap would definitely be a significant factor for you living in NY. For your Schedule C photography income, the SALT cap interacts a bit differently than with your regular income. While your state/local income taxes are subject to the SALT cap, your business expenses on Schedule C remain fully deductible as business expenses. One thing many people miss is that self-employment taxes (the 15.3% for Social Security and Medicare) apply to your net Schedule C income regardless of SALT considerations. Make sure you're tracking all legitimate business expenses for your photography work to reduce that SE tax burden.
Does anyone know if these guides account for the Alternative Minimum Tax (AMT)? I have stock options from my company and heard this might affect me differently under the new plan? The guide I saw didn't mention AMT at all.
Most simplified guides completely overlook the AMT implications, which is a huge oversight for people with stock options. The AMT has been modified several times in recent tax legislation, with exemption amounts and phaseout thresholds changing. If you have stock options, especially incentive stock options (ISOs), you need specialized tax advice because the regular vs. AMT calculation can vary dramatically. Generic tax plan summaries almost never capture these nuances.
That's what I was worried about. I exercised some ISOs last year and the tax implications were completely different than what the general calculators showed. Guess I'll need to talk to my accountant about this specifically rather than relying on these guides. Thanks!
22 Have you considered taking a loan from your 401k instead of a withdrawal? Most plans allow you to borrow up to 50% of your vested balance (up to $50,000). You'd have to pay interest, but you're paying it to yourself, and there's no penalty or taxes if you repay according to the terms (usually within 5 years).
1 I actually didn't know that was an option! Would the loan show up on my credit report? And what happens if I leave my current job before it's paid back?
22 401k loans don't appear on your credit report since you're essentially borrowing from yourself, not a financial institution. If you leave your job before repaying the loan, that's where it gets tricky. You'll typically need to repay the full remaining loan balance by the tax filing deadline (including extensions) for the year you leave your job. If you don't repay by that deadline, the outstanding loan amount is treated as a distribution, subject to taxes and the 10% early withdrawal penalty - exactly what you were trying to avoid in the first place. So only do this if you're stable in your job.
11 I withdrew from my 401k last year and nobody warned me about Form 5329! Make sure you file this form with your taxes to report the early distribution, or you could face additional penalties. I got a nasty surprise letter from the IRS because I didn't include it.
17 Does tax software like TurboTax automatically include this form when you report a 401k withdrawal or do you have to specifically request it?
Jean Claude
One important thing no one mentioned - MAKE COPIES of everything you send to the IRS! Don't send originals. And use certified mail with return receipt so you have proof they received your documents by the deadline. I learned this the hard way when they claimed they never received my documentation package last year, but thankfully I had the tracking info and receipt to prove it was delivered.
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Marcus Marsh
ā¢Thank you! I wouldn't have thought about the certified mail part. Do you know if I should organize the documents in any specific way? Like should I create a cover letter explaining each item or just send everything with the letter they sent me?
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Jean Claude
ā¢Absolutely create a cover letter! Reference the letter ID number and your tax ID number at the top. Then make a list of every document you're including and what specific item on your tax return it supports. For each category of expenses they're questioning, group those documents together with a summary sheet showing how they add up to the amount you claimed. Making it easy for the IRS agent to review your documentation increases your chances of a quick and favorable response. The easier you make their job, the better the outcome usually.
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Charity Cohan
Husband and I went through this in 2023. Pro tip: if they're asking for business expense docs, separate everything by category (office supplies, travel, equipment, etc) and include a spreadsheet that totals each category to match what you reported. Makes it super clear where each number on your return came from. Also don't miss the deadline! They can be strict about those 30 days. If you need more time, call and ask for an extension BEFORE the deadline passes. Most agents will give you 2-4 more weeks if you ask politely.
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Josef Tearle
ā¢Does color-coding help? I'm super visual and thinking about using different colored folders for different expense categories when I send everything in.
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