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Others have covered the gift tax aspects well, but don't forget to think about the potential future implications if your relationship changes. A $400K gift with no strings attached is just that - a gift. If you two were to split up in the future, you generally can't claim that money back. You might want to consult a family law attorney in addition to a tax professional. Some couples in your situation create agreements that clarify the nature of large gifts and what happens in various scenarios. Not saying you need this, but something to consider given the substantial amount involved.
This is a great point that I hadn't considered. We've been together for over 10 years and have the kids together, but you're right that it's always smart to think about all scenarios. Do you know if such an agreement would have any impact on how the IRS views the gift? I want to make sure anything we do on the relationship side doesn't create tax complications.
An agreement about what happens to the gift in different scenarios shouldn't change how the IRS views the gift, as long as the gift is complete and no strings are attached at the time it's made. The key from a tax perspective is that you're not expecting anything in return. However, if the agreement makes the transfer look more like a loan or conditional payment rather than a gift, that could potentially create issues. Make sure any agreement you create clearly states that the transfer is a completed gift for tax purposes, and any terms about future scenarios don't make it conditional in a way that would undermine the gift status.
Quick question for anyone with experience here - if OP gives this gift, would the girlfriend need to report anything on her taxes? Or does only the giver need to file the gift tax form?
Recipients generally don't report gifts as income or file any special forms. It's only the giver who has to file Form 709 if the gift exceeds the annual exclusion amount (currently $17,000 per person). The girlfriend would just receive the money tax-free. This is one of the nice things about gifts - the recipient has no tax consequences or reporting requirements.
One suggestion - if you're just starting to deal with RSUs and ESPP, check if your company offers tax guidance as a benefit. My employer partners with a tax firm that gives employees a free 1-hour consultation each year specifically for equity compensation questions. Saved me thousands in potential mistakes. Many tech companies offer this because they know equity comp is complicated. Worth checking your benefits portal or asking HR!
That's a great suggestion! I'll definitely check with our HR department. Do you still use the consultation even for "simpler" tax years, or only when something significant changes?
I use it every year because equity compensation has different considerations annually. For example, last year I needed advice on whether to sell some RSUs immediately upon vesting or hold them (tax implications of each). This year I needed help with ESPP disqualifying dispositions. Even in "simple" years, I've found they catch optimization opportunities I would have missed. Last year they identified a way to time some charitable contributions that saved me about $800 in taxes. The free hour pays for itself many times over.
Anyone have recommendations for user-friendly tax software specifically designed for tech workers with equity? I tried H&R Block last year and it was a nightmare with my RSUs and ESPP. Ended up with a CP2000 notice from the IRS because it didn't report my cost basis correctly.
TurboTax Premier has been pretty reliable for me with RSUs and options. Not perfect, but it has specific interview questions for equity compensation. The key is making sure you have the right forms from your broker - specifically the 1099-B needs to show adjusted cost basis for RSUs.
3 Quick tip: if you're filing a prior year tax return specifically for FAFSA, check with your school's financial aid office FIRST. Some schools have alternative documentation options if you're in a non-filing situation. They might accept a Verification of Non-filing Letter from the IRS instead, which is easier to get than filing a complete back tax return.
12 How do you get a Verification of Non-filing Letter though? Doesn't that also require contacting the IRS?
3 You can request a Verification of Non-filing Letter by using IRS Form 4506-T. Mark box 7 on the form to request the verification of non-filing, and you can either mail it in or fax it to the IRS. Some schools will also accept a signed statement certifying that you didn't file and weren't required to file, especially if you had no income that year. Every financial aid office handles these situations a bit differently, which is why it's important to speak directly with your school's aid counselors. They deal with these situations regularly and often have school-specific procedures that can save you time.
16 Has anyone used FreeTaxUSA for prior year returns? I know you still have to mail them in for 2021, but I've heard their software is much cheaper than TurboTax for preparing old returns.
23 I used FreeTaxUSA for a 2020 return I had to file late. It was only like $15 for the federal return (state was another fee). The interface is less polished than TurboTax but it gets the job done and asks all the same questions. They keep prior year returns available which is nice.
Just to add from my experience as a former restaurant manager - this tip underreporting is unfortunately pretty common in the industry. Some restaurants do it to save on payroll taxes since employers have to pay FICA taxes on reported tips. Make sure you're keeping your own records - a tip diary or even a simple note in your phone with dates and amounts each shift. The IRS actually expects tipped employees to maintain their own records! Having this documentation will protect you if there's ever a question about your income.
Thanks for the insider perspective! Do you have any advice on the best way to approach management about fixing this issue? I don't want to come across as accusatory but I'm also worried about the tax implications for myself.
Frame it as a concern about your own tax liability rather than accusing them of doing something wrong. Something like: "I've been tracking my tips and noticed the amounts on my paystub are different from what I'm receiving. I'm concerned about potential tax issues when I file. Can we make sure the reported amounts match what I'm actually earning?" Most managers will correct the issue when approached this way. Document this conversation and any promises to fix it. If they refuse to correct it, that's a red flag that they might be intentionally underreporting to save on taxes, which puts you at risk. In that case, you might need to consider whether this is a place you want to continue working.
Does anyone know if tip reporting rules are different for bussers who get tip-outs versus servers who get direct tips? I've heard conflicting things about this.
All tips are taxable income regardless of how you receive them. Whether you get them directly from customers or as tip-outs from other staff, the IRS considers them all taxable income. The only difference is who's responsible for reporting them. If your employer is including tip-outs on your paystub (even incorrectly), then they're treating them as "reported tips" which means they're handling the withholding. If you receive cash tip-outs that never go through the employer's system, those would be "unreported tips" that you need to track and report yourself.
Nalani Liu
Just to add some perspective from someone who's been through this: I didn't file for 6 years (2009-2014) and finally got everything squared away in 2015. Here's what happened: 1) For the years I was owed refunds, I got them (except for the ones past the 3-year limit) 2) For the years I owed taxes, I had to pay penalties and interest 3) I set up a payment plan for what I owed 4) Life went on and everything was fine NO JAIL TIME. No scary agents showing up at my door. Just some paperwork and eventually a monthly payment that was totally manageable. The anxiety of not filing was WAY worse than actually fixing the problem.
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Lim Wong
ā¢Thank you so much for sharing your experience. That makes me feel a lot better. Did you use a tax preparer or did you do it yourself? And about how much were the penalties as a percentage of what you owed?
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Nalani Liu
ā¢I used a local tax preparer who advertised help with unfiled returns. Cost me about $175 per year to prepare, but it was worth every penny for the peace of mind. The penalties ended up being roughly 25% of what I owed, plus interest that had accumulated. So for example, one year I owed about $2,200 in actual taxes, and the penalties/interest added about $800. Not fun to pay, but definitely not the financial apocalypse I had built up in my head. The payment plan let me spread it out over 36 months too.
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Axel Bourke
Has anyone else noticed that tax filings for previous years require using old tax forms? I just went through catching up 3 years of taxes and got confused because the forms change slightly year to year. Make sure you're using the correct year's forms and tax software when you file! The IRS website has previous years' forms but it can be confusing to navigate.
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Aidan Percy
ā¢Yes! This tripped me up too. If you're using software like TurboTax or H&R Block, make sure you buy the specific year versions for each past year. Current year software won't work for prior years.
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