


Ask the community...
One thing nobody mentioned - your 401k plan administrator might have stricter requirements than the IRS for CARES Act withdrawals. My Fidelity plan required me to provide documentation of childcare expenses upfront before approving my withdrawal, even though the law only requires self-certification. Double check with your plan administrator before assuming you can just self-certify without any paperwork. Some are more strict than others!
That's weird, my 401k is through Vanguard and they literally just had me check a box saying I qualified under the CARES Act. No documentation required at all. I wonder if different companies have different policies?
Yes, each 401k administrator sets their own verification policies. Fidelity was being extra cautious with my company's plan, but Vanguard and others often just require the checkbox as you mentioned. It varies widely by both the administrator and sometimes even by the specific employer's plan. The actual IRS guidelines only require self-certification, but plan administrators can add their own layer of verification if they choose to. Always best to check directly with your specific plan before proceeding.
Just want to add something important - the CARES Act withdrawal option had a deadline of December 30, 2020. You can't actually take a CARES Act distribution anymore. The tax treatment aspects (spreading income over 3 years and the repayment option) are still relevant if you already took a distribution, but new withdrawals wouldn't qualify for the special treatment.
Wait seriously? I thought the CARES Act provisions were extended! This completely changes things for me. So there's no special COVID-related withdrawal option for 401ks anymore?
That's mostly correct, but there's a small caveat. While the general CARES Act withdrawal deadline was December 30, 2020, some COVID-related relief provisions were extended through other legislation. However, the specific 401k withdrawal provisions with penalty waivers and extended repayment options did indeed expire.
I'm a tax preparer and see this situation all the time. Quick tip on top of what others have said: if you do file Married Filing Separately, remember that if one spouse itemizes deductions, the other MUST also itemize even if taking the standard deduction would be better. This catches many divorced/divorcing couples by surprise and can significantly impact your refund.
Thanks for bringing this up! I had no idea about the itemizing rule. Does this mean we need to coordinate our filing strategies even if we're doing separate returns? That seems frustrating.
Yes, you do need to coordinate at least on this one aspect. If your ex decides to itemize their deductions, you'll be forced to itemize as well, even if your itemized deductions are less than the standard deduction. This can result in you paying more tax than if you both took the standard deduction. It's one of the downsides of the Married Filing Separately status. That's why it's worth having a brief conversation with your ex about whether either of you plans to itemize, just so you're not caught off guard.
Random question - I heard there's a "head of household" filing status that's better than single or married filing separately. Can the OP use that since they're getting divorced?
From my understanding, there's a difference between having money and having income. For tax purposes, if you made money in previous years and are using that to support yourself and your child, that's fine - but it's not considered income for the current tax year. For Head of Household, I think you need to have some income in the current year. Your crypto losses might actually count as "income" for filing purposes (even though they're negative), which might still allow you to file as HOH if you meet the other requirements about supporting your dependent.
This is incorrect. There's no minimum income requirement to file as Head of Household. You need to meet the requirements about marital status, providing support, and having a qualifying person live with you. The IRS doesn't care if your support comes from current income, previous income, gifts, loans, or inheritance. The confusion might be that you need income above certain thresholds to be REQUIRED to file taxes at all, but that's different from being ELIGIBLE for a certain filing status.
Thanks for the correction - I was mixing up the requirements for being required to file with the requirements for filing status eligibility. You're right that there's no minimum income requirement specifically for claiming Head of Household status. The key factors are the ones mentioned earlier about maintaining a household and supporting a qualifying dependent. The OP should be eligible based on what they've described, regardless of whether they had positive income in the current tax year.
One thing nobody's mentioned - make sure your son qualifies as your dependent. For HOH, the qualifying person usually needs to be your dependent (with some exceptions). Since you mentioned supporting him with previous crypto gains, you should make sure you meet the support test for claiming him as a dependent. For the dependent test, you need to provide more than half of his support for the year. Did you have any other income sources in 2023 besides crypto? Any unemployment, part-time work, etc? If not, the IRS might question how you provided support without income.
Thanks for bringing this up. My son is definitely my dependent - he's 9 years old and I provide 100% of his support. He lives with me full-time. I do have some small side income from freelance work (about $8,000 for the year) that I didn't mention in my original post since it's minor compared to what I was living on from previous crypto gains. I also had some interest income from my savings where I keep my previous crypto profits. Would that help establish that I had some income for the year?
One thing nobody's mentioned - you should check your state's Department of Labor website about worker misclassification. Some states are REALLY aggressive about going after companies that misclassify employees as contractors because they lose tax revenue. In my state (MA), I filed a complaint when something similar happened, and the state went after the company, not me. They ended up having to pay penalties AND reimburse me for the taxes I shouldn't have had to pay. Worth looking into alongside the federal options others have suggested.
That's really helpful! I'm in Illinois - do you know if they're pretty good about this kind of thing? I've never filed any kind of complaint before.
Illinois actually has a pretty strong stance on worker misclassification! They have a specific task force called the Illinois Task Force on Misclassification that investigates these exact situations. You can file a complaint through the Illinois Department of Labor. The state takes these issues seriously because misclassification costs them tax revenue and deprives workers of benefits and protections. The complaint process is straightforward - you'll need to provide information about the company, your working arrangement, and copies of any documentation you have (pay stubs, text messages about scheduling, etc). Even without recorded conversations, your description of the working relationship can be enough for them to investigate.
Don't forget you can also deduct any legitimate business expenses to reduce that tax bill! If you paid for your own cleaning supplies, mileage driving between houses, special clothing/uniforms, portion of cell phone used for work, etc. Those are all deductible business expenses that can significantly reduce your self-employment income.
This! When I was a house cleaner, I tracked my mileage between client houses (NOT from home to first job or last job to home, that's commuting), and all my supplies. Reduced my taxable income by almost 40%. Even if you didn't track it at the time, you can reconstruct reasonable estimates with calendar entries, texts arranging jobs, etc.
Evelyn Xu
9 Check your W-4 forms! If you claimed "exempt" or had too many allowances, that could explain the underwithholding. I had the same issue last year when I accidentally checked the wrong box on my W-4.
0 coins
Evelyn Xu
ā¢6 How do I check what I put on my W-4? Do I need to ask HR for a copy? And if that's the problem, can I still fix my current tax return or is it too late?
0 coins
Evelyn Xu
ā¢9 You can ask your employer's HR or payroll department for a copy of your W-4 on file. They should be able to provide it or at least tell you what you selected. For your current tax return, if you've already filed it and the calculations are correct based on what was actually withheld, you can't change the outcome now. The tax bill is based on your actual income and withholding for the year. However, you can immediately submit a new W-4 to fix the problem for this year so you don't end up in the same situation next April.
0 coins
Evelyn Xu
13 Did you check if you're eligible for the Earned Income Tax Credit? At your income level, especially if you have dependents, you might qualify and it could reduce what you owe significantly!
0 coins
Evelyn Xu
ā¢2 The EITC is refundable too, so it could actually give you money back instead of just reducing what you owe! But I think there are age requirements if you don't have kids - you have to be at least 25 but under 65 to qualify without dependents.
0 coins