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Have you considered just filing as a full-year resident and explaining the situation in an attachment to your return? I was in a somewhat similar situation (left for 2 weeks in January then returned) and my accountant advised that since my absence was temporary and I maintained my apartment here, I could reasonably consider myself a resident for the entire year. The IRS publication 519 does have some flexibility in how "residence" is defined - it's not purely based on physical presence but also on your intentions and connections to the US. If you had already established residency in 2022 and were only absent for one day in 2023 due to travel, you might have a reasonable case.
I hadn't thought about that approach! Do you know what kind of documentation I should include to explain my situation? And did your accountant face any pushback from the IRS on this?
For documentation, I included a signed statement explaining my travel circumstances, copies of my travel itinerary showing the brief nature of my absence, and evidence of my continued ties to the US (apartment lease, utility bills in my name that continued during my absence). My accountant said that for brief absences, especially around holidays or year boundaries, the IRS tends to be reasonable as long as you clearly document that your absence was temporary and that you maintained your US ties. He said he's filed returns this way for years for clients with international travel and never had an issue. The key is being transparent and providing clear documentation rather than trying to hide anything.
Has anyone used any of the major tax software programs to handle a dual-status return? I'm in a similar situation and wondering if TurboTax or H&R Block can handle this or if I need to go to a professional.
Most consumer tax software struggles with dual-status returns. I tried using TurboTax for mine last year and ended up having to abandon it and go to a CPA. The software just isn't designed to handle the complex forms and calculations needed for dual-status returns.
I had the same issue and found SprinTax was actually designed specifically for international/dual-status situations. It costs more than regular TurboTax but was worth it because it handled all the weird form combinations needed for dual-status returns. Still complex but at least it was possible to complete.
Quick reminder for everyone dealing with 402G excess contribution issues: the 2024 401k contribution limit is $23,000 (or $30,500 if you're 50+). If you're changing jobs this year, make sure you track your contributions across employers to avoid going over! My financial advisor told me an easy way to avoid this problem is to use a spreadsheet to track your contributions from each employer. Also, let your new employer's HR know if you've already contributed at a previous job that year.
Do those limits apply to both Traditional and Roth 401k combined? Or can I do $23,000 in Traditional and another $23,000 in Roth? Also, does the employer match count toward the limit?
The $23,000 limit applies to your combined Traditional and Roth 401k contributions - it's a total limit for all your elective deferrals. So you can split it however you want between Traditional and Roth, but the total can't exceed $23,000 (or $30,500 if you're 50+). Good news though - employer matching contributions don't count toward this limit! They fall under a separate, much higher limit (the "415(c) limit") which is $69,000 for 2024. This higher limit includes all contributions to the plan (your elective deferrals plus employer contributions).
Has anyone here actually looked at the codes in Box 7 of your 1099-Rs? Mine has code "E" which I can't figure out what it means. The IRS website is so confusing on this. Anyone know if that's the right code for excess contributions?
Code "E" actually means distribution under a QDRO (qualified domestic relations order), which is usually for divorce situations. For excess contributions, you should normally see code "P" for principal or code "8" for earnings on excess contributions. You might want to contact your plan administrator because they may have coded your 1099-R incorrectly.
23 One thing nobody's mentioned yet - KEEP RECEIPTS FOR EVERYTHING! I'm an independent contractor too (plumber) and got audited last year. Having digital copies of all my receipts saved my ass. The IRS questioned about $14k of deductions and I was able to prove every single one. For a moving contractor, you should track: gas, vehicle maintenance, tools, any supplies like blankets/tape/boxes, meals while on longer jobs (50% deductible), phone bills (business portion), insurance, etc. Also, you should definitely look into retirement accounts like a SEP IRA or Solo 401k. At your income level, you could potentially put away $40k+ pre-tax, which significantly reduces your taxable income.
3 Good point about retirement accounts! I'm an IC too and my Solo 401k saves me thousands in taxes each year. Question though - for meals, I thought the 50% limit was temporarily changed to 100% for 2021-2022? Has that gone back to 50% for 2023 returns?
23 Yes, the 100% business meal deduction was a temporary COVID relief measure for 2021 and 2022 only. For 2023 and beyond, we're back to the standard 50% deduction limit for most business meals. The key is proper documentation - not just the receipt but notes on the business purpose and who you were meeting with if it was a client meal. For solo meals while traveling for work, document which job you were working that required overnight travel. Digital receipt apps with note fields are lifesavers for audit protection.
2 I just went through this exact situation! For real, the S-Corp election saved me about $12k in self-employment taxes this year. Some practical advice: 1) Get a separate business bank account and credit card ASAP. Don't mix personal and business expenses. 2) For vehicle expenses, keep a detailed mileage log (I use MileIQ app) or track actual expenses with receipts. Choose the method that gives you the bigger deduction. 3) If you're making $150k+, get a good CPA who specializes in self-employment taxes. Their fee is deductible and they'll save you way more than they cost. 4) Set up an S-Corp and pay yourself a reasonable salary (I'd say $85-95k in your case). The rest can be distributions which aren't subject to self-employment tax (saving you ~15%). 5) Invest in retirement. A Solo 401k is awesome for high earners since you can contribute as both employee and employer. This stuff seems complicated at first but gets easier once you have systems in place!
One tip nobody's mentioned - when you file jointly for the first time, make sure both your names and SSNs match EXACTLY what's on your Social Security cards. My wife and I had our return rejected last year because she had recently changed her last name after marriage but hadn't updated her SS card yet. Caused a huge headache with delays!
Oh that's good to know! My wife did change her name after we got married. Does the name on the tax return need to match her W-2 or her updated Social Security card? Her W-2 still has her maiden name.
The name needs to match what's on her Social Security card. The IRS systems check against the Social Security database, not her W-2. So if she's already updated her name with Social Security, use her new name on the tax return even if her W-2 still shows her maiden name. If she hasn't updated her Social Security card yet, you should either do that before filing or use her maiden name on the tax return this year. You don't need to delay filing if her SS card still has her maiden name - just file with whatever name is currently on her Social Security card and make the update for next year.
Don't forget to check if you're better off with standard deduction vs itemizing now that you're married! My husband and I bought a house last year too and we found that with our combined mortgage interest, property taxes, and charitable donations, we just barely came out ahead by itemizing (about $28,300 in deductions vs the $27,700 standard deduction for married filing jointly).
What software did you use to figure that out? We're trying to decide between TurboTax and H&R Block and wondering which is better for figuring out deductions for newly married homeowners.
Aurora Lacasse
Another option to consider - if you're eligible for any of the penalty exceptions for the 10% early withdrawal penalty, you might not owe as much as you think. Things like first-time home purchase (up to $10k), certain education expenses, birth/adoption expenses, etc. might apply. Worth checking if any of these fit your situation!
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Evan Kalinowski
β’Thank you for bringing this up! I'm actually using some of the money for education expenses this semester. How exactly do I document that to avoid the penalty on that portion?
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Aurora Lacasse
β’For qualified education expenses, keep detailed records of all tuition, required fees, books, and required supplies paid during the tax year. The expenses must be for yourself, your spouse, or your dependents at an eligible educational institution. You'll use Form 5329 to report the early distribution and claim the exception. On line 2 of the form, you'll enter exception code "08" and the amount that qualifies for the education expense exception. This amount won't be subject to the 10% penalty, though it will still be taxable income if it's coming from earnings in your Roth IRA.
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Anthony Young
Has anyone else here dealt with Roth IRA custodians refusing to do withholding above a certain percentage? Last year I tried to set withholding at 50% with Vanguard and they said their system maxed out at 37% for federal. Ended up having to make an estimated payment anyway.
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Charlotte White
β’Fidelity let me do 45% last year when I needed to. I've heard TD Ameritrade caps at 50%. Probably worth calling your specific custodian to ask before counting on the 90% withholding strategy.
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