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I'm a foster parent looking into adoption and have been researching the tax implications. From what I understand, you should definitely file an amended return for the year where the credit incorrectly reduced your AGI. Here's why: 1. The adoption credit is a non-refundable credit that reduces your tax liability, not your income 2. The full amount is reported in year one, but only used up to your tax liability 3. The unused portion carries forward for up to 5 years 4. Each subsequent year, you only report the carryforward amount on Schedule 3 If you don't correct the error, it could cause issues if you're audited since your AGI affects many other tax calculations and credits.
Thanks for the explanation! Would you happen to know which form I need to use to amend last year's return? And do you know if this is something that might trigger an audit?
You'll need to file Form 1040-X to amend your previous return. You'll have to submit it by mail (can't e-file amendments for 2022 returns anymore), and you should include a corrected Form 8839 and any other schedules that were affected by the AGI change. Filing an amended return doesn't automatically trigger an audit. In fact, correcting the error yourself is better than having the IRS discover it later. Make sure to clearly explain in Part III of Form 1040-X that you're correcting an error in how the adoption credit was applied - it was incorrectly used to reduce AGI instead of being properly applied as a credit against tax liability. Just be aware that the higher AGI on your corrected return might affect other income-based calculations, so you may need to adjust other credits or deductions that depend on AGI.
I wonder if ur tax sofrware is the problem?? I used TurboTax last year for my foster-adopt situation and it did everything correct with the adoption credit. Maybe try a different program this year???
I've had good experience with H&R Block software for adoption credits. Their interview process specifically asks about special needs adoptions and walks you through the credit and carryforward process. Might be worth trying if TurboTax gave you issues.
One thing no one has mentioned yet is that your girlfriend might qualify for Currently Not Collectible (CNC) status if her finances are really tight. If she can demonstrate that paying the tax debt would create a financial hardship, the IRS may temporarily halt collection activities. To request CNC status, she'll need to complete Form 433-F (Collection Information Statement) showing her income, expenses, and assets. With student loans starting soon and minimal assets, she might qualify. The debt doesn't go away, but it gives breathing room without payments until her financial situation improves.
Would the CNC status affect her credit score or have other downsides we should be aware of? And does the debt continue accumulating interest and penalties during that time?
CNC status itself doesn't directly impact credit scores, but the unpaid tax debt can still appear on credit reports. The biggest downside is that interest and penalties continue to accrue during this period, so the total debt grows over time. Also, the IRS will review her financial situation periodically (usually every year or two) to see if she can begin making payments. They may also place a lien on any property she owns, which would affect her credit. But if she truly can't pay right now, CNC status prevents immediate levies and gives her time to stabilize financially. Many people use it as a temporary solution while working toward a more permanent resolution like an Offer in Compromise or installment plan when their finances improve.
Has anyone suggested an Offer in Compromise? With her financial situation (limited assets, upcoming student loan payments), she might qualify to settle the debt for less than the full amount. When I went through something similar, I was able to settle a $23k tax debt for about $5k based on my financial circumstances.
I tried the OIC route and it was rejected. The IRS is really strict about their calculations - they look at potential future income, not just current circumstances. They also take forever to process these applications. My advice is to get on an installment plan immediately to stop collection actions, THEN explore an OIC as a secondary option if you qualify.
Something else to consider - if your helper is truly making less than $15,000, you might want to look into the nanny tax rules which can sometimes apply to small businesses with just one employee. The threshold is pretty low (around $2,400/year), but if they qualify, you can use Schedule H with your personal tax return instead of filing separate business employment tax returns.
Wait, I thought the nanny tax was just for household employees like babysitters and housekeepers? Would that apply to someone helping with my actual business? It's a small woodworking operation if that makes a difference.
You're right - I should have been more clear. The nanny tax specifically applies to household employees, not business employees. For a woodworking business, your helper would be considered a regular employee. In your case, you'll need to follow standard employment tax procedures, including getting an EIN, filing quarterly 941 forms for federal tax withholding, and annual W-2/W-3 forms. Most states also require quarterly unemployment tax filings. Since you mentioned woodworking, make sure you have proper workers' compensation insurance too - it's especially important in trades with injury risks.
Just to add my two cents - I used to pay my part-time helper in cash for my Etsy business and got hit with penalties when the IRS figured it out. If they're making $11-15k, you definitely need to be withholding and paying employment taxes. Has anyone had success with those online payroll services like Gusto or Square Payroll for a super small business? Worth the monthly fee or overkill?
I use Square Payroll for my small business with 2 part-time employees. It's about $35/month plus $5 per employee. Totally worth it IMO. They handle all the tax calculations, filings, and W-2s automatically. You just enter hours and pay rate, and it does everything else. Much better than trying to figure out all the withholding calculations yourself.
Don't forget to check if your state has its own free filing portal! I live in California and they have CalFile which is completely free for state taxes. Many states have similar programs. Just google "[your state] free tax filing" to see what's available. Also, if your income is under $60k, you might qualify for VITA (Volunteer Income Tax Assistance) where IRS-certified volunteers will prepare your taxes for free. They usually operate out of community centers, libraries, and schools during tax season.
Do you know if VITA volunteers are actually good at finding deductions? I'm always worried free services might miss something that would save me money.
VITA volunteers are actually really well-trained - they're certified by the IRS and many are accounting students or retired tax professionals who volunteer their time. In my experience, they're very thorough about finding deductions and credits. The main limitation with VITA is they can't handle super complicated tax situations like multiple rental properties or complex business returns. For a typical W-2 worker with some basic deductions and credits, they're excellent and often catch things people miss when filing themselves.
I've been using FreeTaxUSA for the past 3 years and it's been great! Federal filing is completely free regardless of your income or tax situation. State filing costs $14.99, but that's way cheaper than what most places charge. The interface isn't as fancy as TurboTax but it gets the job done. It includes all the forms and schedules I've needed (even when I had a side gig with 1099 income). Just make sure you go directly to their website instead of through a search engine to make sure you're getting the right pricing.
Charity Cohan
My cousin is an international tax attorney and always says that most people overlook FATCA requirements with foreign inheritances. Make sure you're also looking at whether you need to file Form 3520 (Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts) if this counts as a foreign gift exceeding $100,000. The penalties for missing these international reporting requirements can be brutal - like $10,000+ just for missing the filing. Also, France might have already taken inheritance tax depending on your relationship to your father. You might need to look into foreign tax credits if you paid tax in France.
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Josef Tearle
ā¢Wait, there's ANOTHER form beyond FBAR and 8938?? How many of these things do we need to file for foreign money? And does the $100,000 threshold apply to inheritances too or just gifts?
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Charity Cohan
ā¢Yes, Form 3520 is specifically for reporting large foreign gifts and inheritances exceeding $100,000 from a nonresident alien (like your foreign father). It's separate from the FBAR and Form 8938, which are specifically for reporting the foreign accounts themselves. The $100,000 threshold absolutely applies to inheritances as well as gifts. Many people miss this form because they focus on the FBAR requirements but don't realize gift/inheritance reporting is separate. The penalty for not filing can be 5% of the gift amount per month up to a maximum of 25%, which on your inheritance could be substantial.
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Shelby Bauman
Has anyone actually used a specific accountant or firm for this kind of situation? I'm dealing with an inheritance from Greece and would rather just pay someone to handle everything correctly than try to figure it all out myself.
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Quinn Herbert
ā¢I used H&R Block's expat services for an inheritance from Ireland, and it was decent but expensive (around $800). They were familiar with FBAR and Form 8938 but honestly didn't seem super knowledgeable about the specifics of Irish inheritance rules.
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