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Something that hasn't been mentioned yet is that you'll need to be treating your au pair as a household employee with proper payroll tax reporting (Schedule H) if you want to claim any of these expenses as deductions. The IRS is really strict about this - if you're not handling the employment taxes correctly, they'll deny related deductions. Make sure you're giving your au pair a W-2, not a 1099, and that you're paying employer taxes.
Thanks for bringing this up! We do have the au pair through an official agency program, so they handle a lot of the employment paperwork. But I wasn't sure if we needed to do anything additional for tax purposes. Do you know if we still need to file a Schedule H if the agency is involved?
Even with an agency involved, you'll typically still need to file Schedule H as the host family is usually considered the legal employer. The agency facilitates the match and handles visa sponsorship, but they don't typically handle the employment taxes. You should check your contract with the agency, but in most cases, you need to be withholding Social Security and Medicare taxes and paying the employer portion. The good news is that properly documenting this employment relationship strengthens your case for any related tax deductions or credits you're claiming.
Has anyone actually successfully deducted au pair expenses as medical services before? My accountant told me that's a huge red flag for an audit. We have a similar situation but were advised to just take the Child and Dependent Care Credit instead.
I've done it, but ONLY for the portion related to medical care for my son with autism. We had our developmental pediatrician write a letter specifically stating that our au pair was implementing his therapy plan at home, and we documented the hours spent on those activities vs regular childcare. We deducted about 30% of our au pair costs as medical and took the dependent care credit for the rest. No audit issues for 3 years now.
21 One thing nobody's mentioned is the wash sale rule! If you sell an investment at a loss and buy the same or "substantially identical" investment within 30 days before or after the sale, you can't claim the loss for tax purposes. This applies to both short-term and long-term losses. I learned this the hard way last year when I sold some tech stocks at a loss, then bought them back 2 weeks later when the price dropped even more. My broker's tax statement showed the loss as "disallowed" and I couldn't use it to offset gains.
4 So how long do you have to wait before you can buy the same stock again and still claim the loss? Is it exactly 30 days?
21 Yes, it's exactly 30 days before or after the sale. So to be safe, you need to wait a full 31 days before repurchasing the same or substantially similar securities if you want to claim the capital loss. It's important to note this applies across accounts too - so selling in your regular account and buying in your IRA within that window would still trigger the wash sale rule. And it's not just identical stocks - the IRS considers "substantially identical" securities to fall under this rule as well, which can sometimes include options on the same stock or very similar ETFs.
14 Does anyone know if you can "save up" capital losses for future years when you might be in a higher tax bracket? I have about $12,000 in losses this year but my income is pretty low. Would it make sense to only claim the $3,000 for this year and carry the rest forward to next year when I expect to have a higher income?
8 You don't really have a choice. The tax code requires you to claim the $3,000 loss against your current year income, and then carry forward the remaining $9,000 to future years. You can't voluntarily "save" the entire $12,000 for future years when you might be in a higher bracket.
One important thing to consider that nobody's mentioned yet - if your cousin had clients who paid him more than $600 in any year, they might have filed 1099s reporting those payments to the IRS. That means the IRS already knows about some of his income, which is why getting ahead of this voluntarily is so important. Also tell him to look into Qualified Business Income deduction which became available in 2018 - it could reduce his taxable income by up to 20% for the self-employment income. That could make a huge difference across multiple years of back taxes.
That's a really good point about the 1099s. He mostly worked for cash but did have some corporate clients who probably reported payments. For the QBI deduction, would that apply even though he didn't file on time? It seems like a huge benefit to miss out on.
The QBI deduction absolutely applies even for late filed returns! The deduction is tied to the tax year, not when you file. Just make sure when you prepare the 2018-2024 returns that you calculate and claim this deduction - it's basically free money that reduces self-employment tax liability by allowing you to deduct up to 20% of qualified business income. As for the 1099 situation, this is actually why I suggested filing everything at once rather than staggering. The IRS computer system will match reported 1099 income with filed returns, and if you file incomplete years while leaving gaps, it can trigger automated notices for the missing years.
Speaking from experience, the biggest issue with back taxes is getting overwhelmed and doing nothing. I put off filing for 7 years and the anxiety was worse than the actual process of fixing it. Start with whatever year you have the most complete records for to build confidence. The hardest part is just starting. And honestly tax pros who specialize in back taxes aren't as expensive as you might think - I paid $1200 total for help with 7 years of unfiled returns and it was the best money I ever spent because they found deductions I never would have known about.
Did you have to pay all the back taxes at once? That's what scares me - I'm in a similar situation and worried I'll owe tens of thousands I don't have.
Something similar happened to me in my first job. You should also check if you're classified as an independent contractor (1099) rather than an employee (W-2). If you're a 1099, they won't withhold ANY taxes and you're responsible for paying quarterly estimated taxes yourself. Your pay stub will give you clues - if you don't see any tax withholdings at all (not even Social Security and Medicare), you might be misclassified.
Thanks, but they are definitely taking out Social Security and Medicare, plus state tax for Michigan. It's just the federal income tax that's missing. I think I must have messed up my W4 somehow. Going to talk to HR tomorrow!
That's good then! Definitely just a W4 issue. When you talk to HR, ask them to calculate how much federal tax you should have paid year-to-date so you can plan ahead for what you'll owe. Also ask about updating your W4 to include extra withholding on Line 4(c) to make up some of the difference over your remaining paychecks.
Don't panic too much! I had the same issue my first year working (also in Michigan). I fixed my W4 halfway through the year and had them take out extra each check to catch up. If your income isn't super high, you might only owe a few hundred dollars at tax time, not thousands. If you're making under $30K as a single person, your tax liability is fairly low because of the standard deduction.
This is misleading advice. Even at lower income levels, federal tax can be significant. Standard deduction for 2025 is projected around $13,850 for single filers, but if OP is making even $35K, they'd still owe about $2,300 in federal tax. That's not a small amount to come up with all at once!
Miguel Diaz
9 Tax preparer here. Just to add some clarity: The "under $600" confusion is one of the most common issues I see with clients. The $600 threshold only determines whether the PAYER must issue a 1099 form. It has absolutely nothing to do with whether YOU must report the income. All income from any source is legally required to be reported on your tax return, even if it's $5. The IRS computer matching system will catch discrepancies between what's reported by others using your SSN and what you report on your return, regardless of amount.
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Miguel Diaz
ā¢17 But realistically, would the IRS really come after someone for not reporting a tiny amount like $50 or $100? I mean, they must have bigger fish to fry, right?
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Miguel Diaz
ā¢9 While the IRS certainly focuses more resources on larger discrepancies, their automated matching system doesn't discriminate based on amount. I've had clients receive notices for discrepancies as small as $83. The issue isn't that they're "coming after you" for small amounts - it's that their system automatically flags mismatches. Once flagged, it can trigger notices, potential penalties, and interest on the unpaid tax. The headache of dealing with IRS correspondence typically far outweighs the small amount of tax you might owe on minor income. Plus, establishing a pattern of accurate reporting helps if you're ever selected for audit for other reasons. Better to report everything properly than risk complications over small amounts.
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Miguel Diaz
4 Does anyone know if this applies to stuff sold on Facebook Marketplace too? I sold some old furniture and made maybe $400 total last year. No 1099 forms or anything, just cash and Venmo. Do I seriously need to report that??
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Miguel Diaz
ā¢10 If you sold personal items for less than you originally paid for them (like used furniture), that's not considered taxable income - it's actually a personal loss. You only need to report income from selling things if you made a profit compared to what you originally paid. For example, if you bought a couch for $800 and sold it used for $300, that's not taxable income because you sold at a loss. But if you bought items specifically to resell them at a higher price, that would be taxable no matter the amount.
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