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An important detail people often miss about HOH status is that you must pay more than half the cost of keeping up a home for the qualifying person. This means household expenses like rent/mortgage, utilities, repairs, etc. Just supporting your kid financially isn't enough - you need to maintain a home where they live. Also, only one person can claim HOH status for the same qualifying child, so if you and your ex are both trying to claim it based on the same child, there could be issues.
That's good to know about the household expenses! For my situation, I do pay the mortgage, utilities, and other household costs for my home. If I can establish that one of my college kids considers my home their main residence when not at school, would I meet that requirement even if they physically spend more time at college and with their mom during breaks?
Yes, you would likely meet the requirement. The IRS looks at whether you pay more than half the cost of maintaining the home where your qualifying person lives. Since college dorms and temporary stays during breaks are considered temporary absences, what matters is that you maintain their primary home. As long as your college student considers your home their main residence when not at school, and you pay more than half the costs of maintaining that home, you should meet the requirement. I'd recommend keeping documentation to substantiate this - things like their permanent address on school records, driver's license, voter registration, and where they receive mail.
Is anyone using TurboTax for this situation? Mine keeps defaulting to "single" even after I enter all my dependent info and answer the HOH questions. Seems like a software bug.
I had the same issue with TurboTax. I found that if you go back to the "Personal Info" section and manually select "Head of Household" instead of letting it calculate automatically, then proceed through the qualifying person questions again, it will stick. Sometimes the software doesn't correctly handle these college student temporary absence situations.
Don't forget about your home office if you're working remotely! I bought my first house in 2021 and was able to take the home office deduction since I work from home full-time. You need a space used exclusively for work though - not just your kitchen table where you also eat dinner.
Careful with the home office deduction! I thought I could claim this too, but my accountant said if you're a W-2 employee (not self-employed), you can't take the home office deduction anymore after the 2017 tax law changes. Only applies if you're self-employed now.
You're absolutely right, and I should have been clearer. The home office deduction is only available if you're self-employed, an independent contractor, or gig worker. W-2 employees can't claim it anymore even if you work from home all the time. This was changed with the Tax Cuts and Jobs Act back in 2017. I'm self-employed so I still get to take advantage of it, but I shouldn't have assumed everyone's situation was the same. Thanks for the correction!
Quick tip - make sure you have your real estate tax bill separated from your mortgage interest on your 1098. My lender lumped them together and I almost double-counted my property tax deduction because my county also sent me a property tax receipt! Could have ended up with an audit headache.
Something to watch out for with virtual firm conversions - we got hit with unexpected payroll tax issues. When we converted our newly acquired Michigan firm to virtual, several employees moved to different states. We didn't realize we needed to register for payroll tax accounts in each of those states, and the penalties were hefty. Make sure you're tracking employee locations carefully and filing all required state withholding forms. Form 941 federal filings weren't enough! Also, if you're planning to sell after conversion, get a good tax accountant to help you maximize the Qualified Business Income deduction before the sale. We were able to save almost $67,000 by restructuring some aspects of the business prior to our exit.
Did you have to deal with any local tax issues beyond state level? Our target firm has employees who would be working from Philadelphia which I know has its own wage tax. Any tips on tracking all these multi-state/local tax obligations?
Yes, local taxes were actually more problematic than state taxes in some cases. Philadelphia wage tax was exactly one we encountered - it's around 3.5% for residents and still applies even when working remotely for an out-of-state employer. The key to tracking multi-jurisdiction obligations was implementing a good workforce management system that logged employee locations. We use a combination of IP logging and employee self-certification of work locations. For tax compliance, we ended up subscribing to a specialized multi-state tax service that alerts us to filing requirements and due dates across all jurisdictions. Initially tried to handle it manually and missed several local tax filings that resulted in penalties.
Has anyone used a tax-deferred exchange (like a 1031 equivalent) when selling their accounting practice? I'm looking at selling my firm in Dallas and using the proceeds to acquire a larger one in Houston, but trying to minimize the immediate tax hit. My current practice is an S-Corp but the target is an LLC. Would appreciate any guidance on structuring this to defer taxes!
Unfortunately, a 1031 exchange only applies to real property, not business entities like accounting practices. The goodwill and client lists that make up most of an accounting firm's value don't qualify. Your best bet might be an installment sale (using Form 6252) to spread the tax hit over multiple years.
One additional thing to consider with real estate commission 1099s - make sure you have the correct TIN (Tax Identification Number) for the brokerage, not just the individual agent you worked with. I messed this up last year and issued the 1099-NEC to the agent directly using their SSN, but should have issued it to the brokerage using their EIN since they're the entity that actually earned the commission (even though the agent is the one who did the work). The brokerage had to contact me to reissue it correctly.
Thanks for pointing this out! I have the brokerage's W-9 so I think I'm good on that front. The W-9 shows their business name and EIN, so I'll use that on the 1099-NEC. Was there any penalty when you had to reissue it to the correct entity?
I didn't face any penalties because I caught it early enough and issued a corrected 1099-NEC before any filing deadlines. The agent actually called me almost immediately after receiving it because they didn't want the income showing up on their personal return when it should go to the brokerage. As long as you're using the information exactly as it appears on the W-9 they provided, you should be fine. The W-9 is specifically designed to give you the correct information for tax reporting purposes. Since you already have their W-9 with the brokerage name and EIN, you're ahead of where I was!
Has anyone ever tried just not filing the 1099 for these big real estate commissions? My buddy says the IRS is so backlogged they won't notice if you skip it for one-time payments. I'm skeptical but curious.
That's seriously bad advice from your friend. Not filing required 1099s can result in penalties of $280 per form (for 2024), and if the IRS determines you intentionally disregarded the requirement, penalties can jump to $570 per form or more. The IRS computer systems automatically match income reporting, so when the brokerage reports the income they received on their tax return, the system will flag that they received income from you that you didn't report paying. That's an automatic red flag that can trigger further scrutiny of your returns. Plus, brokerages depend on receiving proper 1099s for their own accounting and tax filing. Not providing one creates problems for them and could damage your business relationship. It's just not worth the risk for something that takes a few minutes to do correctly.
Kaitlyn Otto
Something important that hasn't been mentioned yet - if your AGI was over $150,000 last year, the safe harbor jumps from 100% to 110% of last year's tax liability. So if that stock sale pushed you over that threshold, you'd need to pay even more in estimated taxes to guarantee no penalty. One strategy to consider: increase your withholding toward the end of the year if needed. The IRS considers withholding to happen evenly throughout the year even if it didn't. So you could wait until Q4 to see where you stand and then adjust your W-4 for the last few paychecks to make up any shortfall.
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Chloe Zhang
ā¢That's really helpful! We might be in that higher AGI category because of the stock sale. So does that mean we'd need to withhold 110% of last year's tax (including the unexpected $9,300) to be safe? And that withholding tip is brilliant - I had no idea the IRS treats withholding as if it happened evenly!
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Kaitlyn Otto
ā¢Yes, if your AGI was over $150,000 last year, you'd need to cover 110% of your total tax liability (including that $9,300) to guarantee no underpayment penalty. But that's only if you're using the "prior year tax" safe harbor method. The withholding strategy is a great safety net. Unlike estimated payments which must be made quarterly in the correct amounts, the IRS treats withholding as if it occurred evenly throughout the year regardless of when it actually happened. So increasing your withholding in November/December can retroactively cover your requirements for the entire year. It's a completely legitimate way to avoid penalties if you realize late in the year that you might come up short.
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Axel Far
Does anyone know if selling stocks through an employee stock purchase plan has the same issue? My company withholds some taxes when I sell, but I'm not sure if it's enough.
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Jasmine Hernandez
ā¢ESPP sales are actually a bit complicated. Companies usually withhold some taxes, but often only at a flat 22% rate for federal (regardless of your tax bracket). If you're in a higher tax bracket, that withholding might not be enough. Also, depending on if it's a qualifying or non-qualifying disposition, the tax treatment differs. Some of the gain might be taxed as ordinary income rather than capital gains.
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