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One thing nobody has mentioned yet - make sure you're accounting for any grants or scholarships correctly! If your daughter received any tax-free educational assistance, you need to subtract that from your qualified education expenses before determining how much you can withdraw penalty-free. For example, if tuition is $80K, but she received a $20K scholarship, then only $60K of the tuition would count toward your qualified education expenses for the penalty exception.
Wait, really? I didn't know that scholarships would reduce the amount I can withdraw penalty-free. My daughter did get about $15K in merit scholarships. So I would need to subtract that from the total expenses before figuring out my penalty-free withdrawal amount?
Yes, that's correct. Any tax-free educational assistance must be subtracted from your qualified expenses before calculating your penalty-free withdrawal amount. This includes tax-free scholarships, Pell grants, employer-provided educational assistance, and veterans' educational assistance. In your case, if your daughter received $15K in merit scholarships, you would subtract that from your total qualified expenses. So if tuition is $80K and other qualified expenses are, say, $10K, your total qualified expenses would be $75K ($90K minus the $15K scholarship) rather than the full $90K.
Does anyone know if you need to take the withdrawal in the same tax year as paying the tuition? My daughter's spring semester tuition is due in December, but I was thinking of waiting until January to take the IRA distribution.
This is actually an important timing consideration. The IRS requires that the IRA withdrawal occur in the same tax year that you pay the qualified education expenses. If you pay tuition in December 2025 (which is in tax year 2025), but take the IRA withdrawal in January 2026 (tax year 2026), you wouldn't be able to connect those specific education expenses to your withdrawal for the penalty exception.
One thing nobody's mentioned is that the IRS has certain time limits on how far back they can go to collect. Generally they have 10 years from the date of assessment to collect taxes. But they can't assess taxes until you file! If you never file, the statute of limitations never starts running. So technically they could come after you for taxes from 20 years ago if you never filed. That's why filing late is almost always better than not filing at all - at least the clock starts ticking. Some people think "if I just wait long enough they'll forget about me" but that's not how the IRS works. Their computer systems flag non-filers automatically and eventually you'll get notices.
So when they say "voluntary tax system" that's basically BS right? Like they WILL come after you eventually? I always thought it was more like "we hope you'll pay but if you don't we might not notice" lol.
Voluntary tax" system means'you re expected to calculate and report your own taxes correctly without the government doing it for you first. It'doesn t mean taxes are optional! The IRS receives information from banks, employers, payment processors, etc., and their systems automatically match that information against filed returns. If you'haven t filed but they have records of your (income like 1099s from clients or bank)deposits , their automated systems will eventually flag your account for non-filing. Sometimes it takes years if'you re not on their radar, but digital records have made it much easier for them to catch non-filers. And once they do notice, they can go back indefinitely for unfiledyears.
Has anyone used TurboTax or something similar to file back taxes? I'm in a similar situation (2 years unfiled) and wondering if I can just DIY this without paying an accountant thousands of dollars. The penalties are gonna be bad enough already.
I used FreeTaxUSA for 3 years of back taxes last year. Way cheaper than TurboTax and they keep prior year versions available. You just have to print and mail them in since you can't e-file prior years. Make sure you send them certified mail so you have proof of when you filed. Took about 9 weeks to process each return.
Just to clarify something important about stimulus payments - there's a strict timeline for claiming them. The $1400 payment (third stimulus) was technically an advance payment of a 2021 tax credit. If you didn't get it automatically, you were supposed to claim it on your 2021 tax return. If you didn't claim it on your 2021 return, you need to file an amended return (1040-X) for that specific year. You CANNOT claim it on your 2024 return (the one you're filing in 2025). This is a common misunderstanding. You have 3 years from the original filing deadline to amend a return, so you still have time for 2021.
If I file an amended return just for the stimulus credit, will that affect any other parts of my tax situation from that year? I'm worried about opening a can of worms or triggering an audit.
Filing an amended return for just the Recovery Rebate Credit shouldn't affect other aspects of your tax situation if that's the only change you're making. You'll need to complete the entire 1040-X form, but you'll only be changing the specific line related to the credit. The amendment itself doesn't increase your audit risk if the claim is legitimate. Just make sure you have documentation showing you were eligible and didn't receive the payment. The IRS should have records of which payments were issued to you, but having your own bank statements as backup is always smart.
Has anyone else noticed that the GetMyPayment tool on the IRS website is completely useless now? I tried using it to check my stimulus payment status and it's not even available anymore. How are we supposed to confirm what we received if the IRS took down their own tracking tool??
You can check your IRS online account instead. Go to irs.gov and look for "View Your Account." You'll need to create an ID.me account if you don't have one, but once you're in, you can see all the payments that were issued to you including all stimulus payments. It's actually more reliable than the old GetMyPayment tool was.
Just a practical tip from my experience filing Form 5472 for my foreign-owned LLC last year - make sure you're keeping detailed records of ALL transactions between you (the foreign owner) and your U.S. entity, not just the formation costs. The IRS scrutinizes these forms heavily. For the credit card payment situation, I listed mine as "Contributions in cash" in Part V and provided a brief explanatory statement that the payment was made via personal funds for business formation. Never had any issues or follow-up questions. As for the foreign income question - correct, if there's no U.S. source income or effectively connected income, you generally don't report it on U.S. forms. But remember you're still filing the pro forma 1120 even with zeros.
Do you know if loans from the foreign owner to the U.S. DE need to be reported differently than contributions? I paid some formation costs directly but also "loaned" money to the business with the intention of repayment.
Yes, loans are treated differently than contributions. Loans would be reported separately in Part V, and you need to be careful to document the loan terms properly. A loan should have a written agreement, specified interest rate (even if it's 0%, though that could raise other tax issues), and a repayment schedule. Without proper documentation, the IRS might recharacterize what you call a "loan" as actually being a contribution, which can have different tax implications. If you're planning to have the business repay you, definitely document it as a formal loan from the beginning.
Just to add another perspective - I made the mistake of NOT reporting personal credit card payments for my LLC formation on Form 5472 last year. Ended up getting a notice from the IRS requesting additional information. Has anyone used tax software for Form 5472 preparation? Most regular tax software doesn't seem to handle these foreign-owned DE situations well.
Caden Turner
Something nobody has mentioned yet - if you choose married filing separately, you CANNOT contribute to a Roth IRA if your income exceeds $10,000. This is a huge disadvantage if retirement savings are important to you. The income limit is much higher when filing jointly. Also consider that with MFS status, your standard deduction is halved. For 2024, the standard deduction for MFJ is $29,200 but for MFS it's only $14,600 each. My wife and I did the separate filing for 2 years due to her student loans, but ultimately switched back to joint filing because we were losing too many tax advantages.
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McKenzie Shade
ā¢Wait seriously? I had no idea about the Roth IRA limitation! I thought the income limits were just reduced, not basically eliminated. That's a huge factor to consider...
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Caden Turner
ā¢Yes, it's one of the most restrictive aspects of filing separately that catches people by surprise. The income limit for Roth IRA contributions when filing separately is just $10,000 - after that, you can't contribute at all. It's not a gradual phase-out like with other filing statuses. For comparison, with married filing jointly in 2024, the Roth contribution starts phasing out at $230,000 and completely phases out at $240,000 of modified AGI.
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Harmony Love
Have either of you considered doing an analysis of your long-term student loan situation? If you're on an income-based plan that leads to forgiveness after a certain number of years (like PSLF for teachers), sometimes it makes more sense to minimize payments and maximize forgiveness.
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Rudy Cenizo
ā¢This is the approach we took. My wife is a public school teacher going for PSLF, so we file separately to keep her payments low. Yes, we pay more in taxes each year, but after running the numbers, we'll come out ahead by about $42,000 over the 10-year forgiveness period.
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