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Just to add some clarification - it also matters if the settlement had punitive damages vs compensatory damages. Punitive damages are almost never deductible, while compensatory might be depending on what they're compensating for. If your settlement agreement breaks down what's what, that's super helpful for determining tax treatment.
Thanks for this - my settlement does break down different amounts. About $21k was compensatory for financial losses and about $7k was listed as "other damages." Is there a way to deduct at least the compensatory part?
Based on your breakdown, if the $21k compensatory damages were related to financial losses from a business activity or investment property, then yes, that portion would likely be deductible in the appropriate section (Schedule C for business, Schedule E for rental property, etc.). The $7k listed as "other damages" is more ambiguous and would depend on the specific nature of those damages. If they're punitive damages, those typically aren't deductible. If they're for emotional distress without physical injury, those generally aren't deductible either. But if they relate to a business loss in some way, they might be.
Make sure you keep really good records of the settlement! If you get audited, you'll need to show the settlement agreement and proof of payment. I got audited 2 years ago over a business settlement deduction and having all my paperwork saved me big time.
Do cancelled checks count as proof or do you need more than that? I paid my settlement in 3 installments and have the cancelled checks but wondering if I need more documentation.
Quick note that might help - make sure you're tracking ALL your business expenses carefully. I'm a small seller too, and I use a spreadsheet to track: - Cost of materials - Shipping supplies - Platform fees (Etsy, eBay, etc) - PayPal fees - Portion of internet/phone used for business - Home office space (if you have dedicated space) - Mileage when you go buy supplies You'd be surprised how quickly these add up and can reduce your taxable income. I learned this the hard way my first year and paid way more than I needed to!
Do you need receipts for absolutely everything? I haven't been great about keeping track so far. Also, how do you calculate the portion of internet/phone to deduct?
Yes, you should keep receipts for everything - the IRS can ask for documentation if you're ever audited. But if you've lost some, bank/credit card statements can sometimes work as backup. For internet/phone, you need to determine what percentage is used for business. For example, if you estimate 30% of your phone use is for business communications with customers, you can deduct 30% of your phone bill. Just be honest and reasonable with your estimates. Some people keep a log for a few weeks to establish a usage pattern. Same concept applies to your home office - you calculate what percentage of your home's square footage is used exclusively for business, then deduct that percentage of rent/mortgage, utilities, etc.
I see a lot of comments about filing, but nobody mentioned the Qualified Business Income Deduction (Section 199A). If your net income from your business is under certain thresholds, you might qualify for a deduction of up to 20% of your business income! This is separate from your regular business expense deductions. Also, consider making estimated quarterly tax payments if you expect to owe more than $1,000 in taxes. This helps avoid an underpayment penalty when you file your annual return.
Omg this tax stuff is so complicated. Im making bracelets and selling them on etsy too and i had no idea about any of this!!! How do you even make quarterly payments? And what's this 199A thing?
One thing I learned from my CPA friend - create a simple coversheet/checklist with everything you're providing them. It makes it super obvious if something is missing and gives them a quick overview of your situation. My friend says clients who do this tend to get their returns done faster because they don't have to keep coming back asking for missing documents. It also helps you keep track of what you've already given them vs what you still need to track down.
Do you have a template for this coversheet you could share? I'm trying to visualize what should be on it besides just a list of documents.
I don't have a specific template, but I include these sections: Personal Info (names, SSNs, address), Income Documents (list all W-2s, 1099s by source), Deduction Documentation (charitable contributions, home office, etc.), Credits (child tax credit info), Estimated Tax Payments (dates and amounts), and Questions (things I specifically want the CPA to address). I also add a section for "Changes from Last Year" that highlights anything new (like your new baby) so they immediately know what's different.
I've been using a CPA for years and the best thing I started doing was keeping a "tax events" note on my phone. Whenever something happens that might affect taxes (bought something for business, made a donation, started using part of house for work), I just jot it down with the date. By tax time I have a chronological list of everything that happened.
Smart! What app do you use for this? Just regular notes app or something specific for tracking expenses?
One important thing nobody's mentioned - make sure your nonprofit has a separate bank account from your personal accounts! This separation is absolutely critical from a tax and legal perspective. I learned this the hard way with my community garden nonprofit. The IRS gets very suspicious if there's any commingling of funds between personal and organizational accounts. Could potentially jeopardize your 501(c)(3) status if you're not careful.
Thank you for bringing this up! I do have a separate business account for the dance studio, but I've occasionally used my personal card for studio expenses when I forgot the business card. Is that going to be a problem? Should I be reimbursing myself officially or something?
Using your personal card occasionally isn't the end of the world as long as you properly document everything. Keep all receipts and create a formal reimbursement process - even if it's just you approving it as the director. I recommend creating a simple reimbursement form that details the expense, date, purpose, and business justification. Attach the receipt and have it "approved" (by you or ideally another board member if you have any). This creates a clear paper trail showing these were legitimate business expenses, not personal ones. The key is maintaining that clear separation with proper documentation.
Don't forget to check your state requirements too! Federal 501(c)(3) status doesn't automatically exempt you from state filings or state income taxes in all cases.
SebastiΓ‘n Stevens
Just a quick tip from my experience moving from India to the US mid-year last year: make sure you're clear about your residency status for tax purposes! There's something called the "substantial presence test" that determines if you're a resident alien or nonresident alien for tax purposes. Since you arrived in November, you might actually be considered a nonresident alien for 2023 tax purposes, which would change how you file. If that's the case, you might need to file Form 1040-NR instead of the regular 1040, and the joint filing with your spouse might be more complicated. FreeTaxUSA should have a questionnaire that helps determine your status, but just make sure you're clear on this before you start the actual filing process.
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Molly Hansen
β’Thank you for bringing this up! I hadn't even considered the resident vs. nonresident alien distinction. Do you know if there's any advantage to being classified one way or the other? And will FreeTaxUSA automatically determine which forms I need based on my answers?
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SebastiΓ‘n Stevens
β’There can definitely be advantages depending on your specific situation. Generally, if most of your income was earned outside the US (which sounds like your case), being a nonresident alien means you only pay US tax on US-source income. As a resident alien, you'd be taxed on worldwide income. FreeTaxUSA will guide you through questions to determine your status and should select the appropriate forms. However, there's a special provision where nonresident aliens married to US citizens can elect to be treated as residents for tax purposes, allowing you to file jointly. This is often beneficial but depends on your specific numbers. The software should walk you through this option as well once it determines your status.
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Bethany Groves
Has anyone compared FreeTaxUSA to TurboTax for handling foreign income? I'm in a similar situation (moved from South Korea last year) and wondering which software handles international situations better?
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KingKongZilla
β’I've used both. TurboTax is more hand-holdy with foreign income but WAY more expensive when you need the premium version for international situations. FreeTaxUSA has all the same forms and capabilities but the interface is slightly less polished. Functionally they both work fine - I switched to FreeTaxUSA and saved about $70.
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