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I'm a parent of a 26-year-old with a disability, and we've dealt with the SGA question multiple times. Here's what I've learned: The Social Security Administration and the IRS have different standards for SGA. For the IRS dependent exemption, they're primarily concerned with the support test (do you provide more than half their support?) rather than strictly applying the SSA's SGA limits. In my experience, a brief period of increased work during the holiday season hasn't affected our ability to claim our son as a dependent, especially since his annual income was still low and we continued to provide most of his support throughout the year.
That's interesting! So are you saying the IRS doesn't strictly apply the $1,470 monthly limit that the SSA uses? My daughter has Down syndrome and occasionally works more hours for special events, but we still provide over 90% of her support.
That's right - while the IRS and SSA both use the term "substantial gainful activity," the IRS focuses more on the overall support situation rather than rigidly applying the monthly earnings limit. If you're providing 90% of your daughter's support, you're well within the requirements to claim her as a dependent. The key test for the IRS is whether you provide more than half of your dependent's total support for the year. The SGA question becomes more relevant if they're earning enough that they might be supporting themselves. Even with occasional higher earnings for special events, it sounds like your situation clearly meets the support test.
Anyone know if there are different SGA thresholds for different types of disabilities? My son has a physical disability but is cognitively typical. He worked at Target during the holiday rush but otherwise works minimal hours the rest of the year.
There are different SGA thresholds for blind individuals versus non-blind individuals with disabilities. In 2023, the threshold was $2,460 per month for blind individuals and $1,470 for non-blind. Doesn't matter what type of disability otherwise - physical, cognitive, etc all fall under the same threshold as long as they're not blind.
Make sure you're keeping REALLY good records of the actual work your son is doing. I got audited a few years back because I was employing my kid in my business. The IRS wanted proof that my daughter (who was 14 at the time) was actually performing legitimate services and that I wasn't just shifting income to her for tax purposes. I recommend having your son keep a detailed log of hours worked and specific tasks performed. Take photos of him working when appropriate. Have email/text communications about the work. Pay reasonable wages based on what you'd pay someone else for the same work. Also important: pay directly to him (not to the 529 directly). He needs to receive the money first, then he (or you on his behalf) can contribute to the 529. The money needs to be his first.
This is great advice about documentation. I hadn't thought about taking photos of him working as evidence. Is there a specific format you'd recommend for the work log? Like a spreadsheet or something more formal? And for paying him, should I set up a separate bank account in his name?
I used a simple Google spreadsheet with columns for date, start time, end time, total hours, hourly rate, total pay, and a detailed description of tasks. I had my daughter fill it out daily when she worked and I'd review it weekly. Nothing fancy, but consistent documentation is what matters. Definitely set up a separate bank account in his name. I opened a custodial account for my daughter and had her paychecks direct deposited there. This creates a clear paper trail showing the money was actually paid to her. Having a separate account also makes it easier to track when money moves from his earnings to the 529 contribution. The account statements become additional documentation of the legitimate business relationship.
Small but important correction to what's been said: just because your son earns less than the standard deduction ($13,850) doesn't automatically mean no taxes. If he earns more than $400 as a 1099, he still owes self-employment tax even if he owes no income tax. But as a W2 employee in a parent-owned sole proprietorship, children under 18 are exempt from FICA taxes (social security and medicare), which is 15.3%. That's a huge savings right there! Also, check if your state honors this federal exemption. Some states follow federal rules for family employment but others have their own requirements.
But doesn't the parent/business owner still have to pay the employer portion of FICA even if the kid is exempt?
No, that's the beauty of this exemption. When a child under 18 works for a parent's sole proprietorship, both the employer and employee portions of FICA taxes are exempt. So neither you nor your child pays the 15.3% FICA tax. The exemption applies to both halves of the tax. This only works for sole proprietorships and partnerships where both partners are the child's parents. If your business is an LLC taxed as a corporation or an S-Corp, this specific exemption doesn't apply and you'd have to pay both portions of FICA like any other employee.
Have you looked into whether your dad qualifies for an "identity theft" exception? If your sister used the card without proper authorization, it could potentially be reported as not your dad's debt. Though from your description, it sounds like he gave permission, so probably doesn't apply here. Another thing to consider: disability benefits are handled differently depending on whether it's SSDI or SSI. If it's SSI (Supplemental Security Income), the canceled debt could potentially affect benefits since that's needs-based. If it's SSDI (Social Security Disability Insurance), it normally wouldn't affect benefits since they're not income-based.
Thanks for the suggestion. It wasn't identity theft - my dad knowingly let my sister use the card to help her out, so we can't go that route. He's on SSDI, not SSI, so that's somewhat reassuring. I'm still concerned about how this might impact his tax situation though, especially since he's normally not required to file due to low income. Does the 1099-C automatically mean he must file now, even with SSDI being his only income source?
If your dad is only receiving SSDI and is single, he generally wouldn't need to file a tax return unless his total income exceeds the standard deduction (which is $14,600 for 2024 if he's over 65). The 1099-C amount would count toward that threshold. So if his SSDI benefits plus the $8,200 canceled debt amount is less than the standard deduction, he still wouldn't be required to file. However, if it puts him over that threshold, then yes, he would need to file - but should definitely look into the insolvency exception in that case.
Has your father looked into filing Form 8275 (Disclosure Statement) along with the Form 982 for the insolvency exclusion? It allows you to fully explain unusual tax situations to avoid triggering automatic audits. I used it last year when dealing with a complicated 1099-C situation where I needed to explain why the canceled debt shouldn't be treated as income.
Form 8275 seems risky to me. I've heard it's like waving a red flag at the IRS saying "look at me!" Wouldn't it be better to just file Form 982 and only provide additional explanation if they actually question it?
One important thing to know is that Roth IRAs have income limits for contributions too. For 2021, if you were single and had a modified AGI over $140k (or married filing jointly over $208k), you wouldn't have been eligible to contribute the full amount or possibly any amount to a Roth IRA. If your income was above those limits and you still contributed, you might have an excess contribution issue that would need to be addressed. The penalty for excess contributions is 6% of the excess amount for each year it remains in the account.
Thanks for pointing this out! My income was definitely below those limits in 2021 (around $65k) so I was eligible for the full contribution. I think I might have been confused about how much I actually contributed - just double checked and it was exactly $6k, not $8k like I initially wrote. My memory isn't what it used to be lol. If I'm understanding everyone correctly, since the Roth contribution doesn't affect my tax liability and my income was too high for the Saver's Credit but below the Roth income limits, there's really no benefit to amending my return. Does that sound right?
That's exactly right. If your contribution was $6k (within the limit), your income was below the Roth IRA income thresholds but above the Saver's Credit limit, there's really no reason to amend your return. The IRS already has the information from the Form 5498 that your financial institution filed, and since Roth contributions don't impact your tax liability, you're good to go. One less thing to worry about!
Another thing to consider - if you plan to do backdoor Roth conversions in the future, having accurate records of all your contributions becomes more important for tracking purposes. Even though it may not affect your taxes now, I recommend keeping good records of all your IRA contributions (both traditional and Roth) for future reference.
Can you explain what a "backdoor Roth conversion" is? I keep hearing about it but don't really understand the concept or why it matters for record keeping.
Zoey Bianchi
Don't forget to check if you qualify for an Earned Income Tax Credit especially with one spouse not working now. That can significantly reduce what you owe or even give you a refund depending on your income level and if you have kids. Also, did you both adjust your W-4 withholdings after getting married? A lot of newlyweds forget this step and end up underwithholding throughout the year, which results in owing money at tax time.
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Ella Knight
ā¢Thanks for mentioning this. We actually don't have kids yet, so I'm not sure if we'd qualify for the EITC. And honestly, I don't think either of us updated our W-4s after getting married - I didn't even know that was a thing we needed to do. Would fixing that help us for this year's taxes or just for next year?
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Zoey Bianchi
ā¢You can still qualify for EITC without children, though the amount is smaller. It depends on your income level - for 2023 taxes, married couples filing jointly with no qualifying children can get EITC if their income is below about $24,210. Regarding the W-4 adjustments, unfortunately that would only help you for future tax years, not for the return you've already filed. But you should definitely both submit new W-4 forms to your employers right away to prevent this problem next year. When both spouses work, you often need to withhold at a higher rate than single filers to account for your combined income pushing you into higher tax brackets. The IRS has a Tax Withholding Estimator tool on their website that can help you fill out your W-4 correctly.
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Christopher Morgan
One thing no one's mentioned yet - have you considered filing Married Filing Separately instead of jointly? Sometimes that can result in a lower tax bill depending on your situation, especially if one of you has significant medical expenses or other itemized deductions.
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Aurora St.Pierre
ā¢This is generally bad advice for most people. MFS rarely results in tax savings and actually disqualifies you from several tax benefits like education credits, child care credits, and earned income credit. It's usually only beneficial in very specific situations like when one spouse has income-based student loan payments or massive medical expenses.
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