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Just wanted to add a practical tip based on my experience: keep detailed records of your days in the US vs Canada. The substantial presence test is based on a formula: days in current year + 1/3 of days in previous year + 1/6 of days in year before that. When I moved to Canada, I thought brief trips back wouldn't count, but they do! Every day matters. I use an app to track my border crossings now because it got confusing fast. Also, the first year after moving is usually the most complicated tax year you'll have.
What app do you use to track your travel days? I've been using a spreadsheet but it's getting messy, especially with some quick weekend trips back to the US to visit family.
I use an app called "Travel Days Tracker" - it lets you log entries/exits by country and calculates your total days for tax purposes. Some people also use the Stride Tax app which has a location tracking feature that can automatically log when you cross borders. The spreadsheet works too, but I found having the app on my phone made it easier to log immediately when crossing borders. Whatever system you use, just be consistent. The IRS can request proof of your physical presence, and border crossing records can sometimes be incomplete.
Don't forget about state residency rules! They're totally separate from federal rules and can be even more complicated. Some states like California are super aggressive about claiming you're still a resident. When I moved to Canada, I had to file a partial year California return even though I was considered a US resident alien for the full year on my federal return. Had to provide proof I'd actually established domicile in Canada (driver's license, housing lease, utility bills).
This is a really good point. New York is just as bad as California. I moved to Toronto but kept an apartment in NYC that I use occasionally. NY claimed I was still a full-year resident even though I was physically in NY less than 90 days that year.
One thing nobody has mentioned yet is that your father needs to be aware of recapture rules if he doesn't maintain 100% business use for the entire recovery period. If business use drops below 50% in future years, he could face significant recapture of the benefit. Also, there are phase-out schedules for both the bonus depreciation and the EV credit depending on the year of purchase. Bonus depreciation under 168(k) is scheduled to phase down 20% each year starting in 2023, and the EV credit has manufacturer sales caps and income limits. Make sure he's working with a tax professional who can help him understand all the implications before making such a large purchase.
Thanks for bringing up the recapture issue - that's something I wasn't aware of. What exactly is the "recovery period" and how long would he need to maintain business use? He plans to use it exclusively for business for at least 5 years. Also, do you know if there's an income limit that might prevent him from claiming the full EV credit? His 1099 income fluctuates year by year.
The recovery period for vehicles is typically 5 years, so your father's plan to use it exclusively for business during that time would avoid recapture issues. If business use drops below 50% during those 5 years, he would need to recapture the excess depreciation taken and report it as ordinary income. Yes, there are income limits for the EV credit. For a single filer, the credit begins to phase out at $150,000 AGI and is eliminated at $160,000. For married filing jointly, those thresholds are $300,000 and $310,000 respectively. With fluctuating 1099 income, he should do some tax planning to see if he'll fall under these limits in the year of purchase. If he's close to the threshold, he might want to consider timing the purchase or implementing strategies to reduce his AGI for that year.
Another consideration - make sure to check if the specific Tesla model is eligible for the full $7500 credit. Not all EVs qualify for the full amount anymore due to battery sourcing requirements. The IRS maintains a list of qualifying vehicles and their credit amounts. Also, don't forget about potential state incentives! Many states offer additional tax credits or rebates for EV purchases on top of the federal benefits.
This is an excellent point. The Inflation Reduction Act changed the requirements, and now the vehicle must meet North American final assembly requirements. Additionally, there are critical mineral and battery component requirements that affect the credit amount. Tesla has been adjusting their supply chain to qualify, but it varies by model and can change.
Have you tried reaching out to your congressional representative's office? Their constituent services department can sometimes get responses from federal agencies when individuals can't. I had a similar situation with comments I submitted about 1099-K thresholds, and my congressman's office was able to at least confirm my comments were received and included in the review process.
That's a great suggestion! I hadn't thought about involving my representative. Did you just call their local office? And how long did it take them to get back to you with information?
I called their district office, and they had me fill out a privacy release form so they could inquire on my behalf. The whole process took about 2 weeks before they got back to me with confirmation. Most congressional offices have staff dedicated to helping constituents navigate federal agencies. They won't necessarily get the IRS to change their mind on anything, but they can often get status updates and confirmations that regular citizens struggle to obtain directly.
I work in regulatory compliance (not for the IRS), and I can confirm what others have said - individual responses aren't provided for public comments. However, there is a "hack" to get more visibility: submit your comments through a relevant industry association if possible. Comments from recognized industry groups tend to get more directly addressed in the final rule publications. If you're a member of any professional organizations related to your business, check if they're submitting comments on the same proposed rules. Sometimes you can get your specific concerns included in their submission, which typically gets more detailed attention.
That's really helpful insider info! Do you know if most industry associations allow individual members to contribute to their formal comments? I'm part of the National Association of Tax Professionals but never thought to check if they were commenting on the same rules.
Make sure you're using the original copy of the 1099-NEC that matches EXACTLY what was reported to the IRS! My sister went through this and discovered her client had submitted a revised 1099 to the IRS but never sent her the updated copy. The amounts didn't match, which triggered the notice.
That's a good point! I should double-check the exact amount on the 1099-NEC they're referencing in the notice against what we have. Is there a way to get a transcript of what was reported to the IRS directly from them?
Yes, you can request a "Wage and Income Transcript" directly from the IRS which will show exactly what was reported to them on your behalf! You can get this online through the IRS website by creating an account at irs.gov/transcripts or by filing Form 4506-T. This is super helpful because it shows the exact amounts that were reported to the IRS by third parties (employers, banks, clients, etc). That way you can see if what you have matches what they have. In my sister's case, her client had submitted a higher amount to the IRS than what was on the copy they gave her.
Happened to me last year. Triple check if ur 1099 has both box 1 and box 7 filled. Sometimes ppl report same income twice by mistake. Once in box 1 (nonemployee comp) and again in box 7 (direct sales). Then IRS thinks u didn't report the box 7 amount.
StarStrider
Have you considered asking your W2 employers for expense reimbursement? Many companies will reimburse you for software, equipment, and even home office expenses if you push for it, especially for temporary/contract roles. That way you don't have to worry about tax deductions at all. When I switched from 1099 to W2 work, I negotiated a slightly higher hourly rate to offset the loss of tax deductions, plus got them to cover my Adobe subscription directly. Worth asking!
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Sean Doyle
ā¢This is great advice but in my experience these temp agencies are super stingy with reimbursements. Did you have to show them proof of what you were deducting before to convince them?
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StarStrider
ā¢I didn't have to show previous tax returns, but I did prepare a simple spreadsheet showing my effective income before and after deductions when I was 1099 versus the proposed W2 rate. Made it clear I needed either reimbursement for specific expenses or a higher rate to maintain the same effective income. Most employers understand this math once you lay it out clearly. The key is bringing it up during the initial negotiation phase, not after you've already accepted the rate. I've found being direct but professional works best - "My standard rate accounts for business expenses I previously deducted as a 1099 contractor, including software licenses and equipment. How does your company typically handle these expenses for W2 contractors?
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Zara Rashid
Does anyone know if there's any talk about bringing back the unreimbursed employee expense deduction after 2025? That TCJA provision is supposed to expire then, right? I'm wondering if I should just stick it out with these W2 contracts until then or try to push clients back to 1099.
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Luca Romano
ā¢The provision is technically set to expire after 2025, but nobody knows for sure if Congress will extend it or let it revert. Election years make tax planning extra fun lol. Might be worth having a conversation with your clients about whether they'd be open to 1099 arrangements with proper contracts that address their misclassification concerns.
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