


Ask the community...
Financial advisor here - a few more things to consider about your 529 situation: 1) Remember that a 529 can only have one owner at a time. The owner has full control over the account, including the ability to change beneficiaries or even withdraw funds (with penalties for non-qualified expenses). 2) If you're concerned about maintaining control over your contributions, definitely open your own account. This is extremely common in divorce situations. 3) Check your divorce decree carefully - sometimes there are provisions requiring the ex-spouse to provide statements showing contributions and growth. 4) Coordinate with your ex on investment strategies - you don't want one account taking high risks while the other is conservative.
Thanks for the detailed info! My decree does require my ex to provide quarterly statements, but doesn't say anything about tax benefits. Are there any other implications I should be aware of if I open my own separate 529? Like, does it matter which account gets used first when my son goes to college?
There's no rule about which 529 account gets used first when your son attends college. Typically, you'd want to coordinate with your ex about this when the time comes. Some divorced parents agree to each pay a certain percentage of expenses, while others might agree to deplete one account before starting on the other. As for other implications, remember that having your own account gives you complete control over your contributions. If your ex were to use the funds inappropriately or change the beneficiary, you'd have no recourse with her account. With your own account, you maintain full control over your portion of the college savings.
Has anyone dealt with moving money from an existing 529 to a new one? My ex has been the owner of our kid's 529 for years but I want to start my own now for the tax benefits.
You can't directly transfer money from your ex's 529 to your new one unless your ex initiates it as the account owner. It would count as a withdrawal from their account and a new contribution to yours. Instead, just leave the existing money where it is and start making your new contributions to your own account.
That makes sense, thanks! Guess I'll leave the old funds where they are and just start fresh with my own account. Seems like the cleanest approach without having to get my ex involved more than necessary.
Just a heads-up - I got my penalty abated through FTA but it took almost 3 months for the refund to actually show up! The IRS approved it pretty quickly when I called, but then the refund processing seemed to take forever. Don't panic if it takes a while.
Let me save you all some trouble as someone who used to prepare taxes professionally. The FTA is one of the best-kept secrets at the IRS. Almost no one knows about it until after they've paid penalties. Pro tip: When you call or write to request the abatement, use these exact words: "I'm requesting a penalty abatement under the First Time Abatement administrative waiver, Internal Revenue Manual 20.1.1.3.3.2.1." Citing the specific IRM number shows you've done your homework and helps ensure the agent or processor knows exactly what you're asking for.
This is really helpful, thanks! Is there a difference in success rates between calling vs writing a letter for the FTA request?
In my experience, calling is generally faster if you can actually get through to someone. You'll often get an immediate decision during the call. The agent can check your compliance history on the spot and approve the FTA right then. Letters take much longer due to IRS processing backlogs - sometimes 8-12 weeks or more. However, the success rate is probably about the same either way. The FTA criteria are pretty straightforward, and if you qualify, you should get approved regardless of which method you use. One advantage of writing is that you have documentation of exactly what you requested. If you call, make sure to take detailed notes of who you spoke with, when, and what they said.
Don't overlook the redemption rules with Section 1202! My business acquisition got disqualified because the target company had redeemed shares from a departing founder just 12 months before I invested. The "2-year look-back" rule meant my stock didn't qualify. Make sure there haven't been any redemptions within 2 years before your purchase, and don't plan any redemptions within 2 years after. Also, if you're buying from existing shareholders rather than getting new shares issued directly from the company, that's generally not going to qualify as QSBS.
Thanks for bringing this up - I hadn't even considered redemption timing issues. Is there any exception if the redemption is very small compared to the total outstanding shares? For example, if they bought back 2% of shares from a departing employee?
There is a de minimis exception for redemptions, but it's very limited. The exception only applies if the total value of stock redeemed within the relevant period doesn't exceed $10,000 OR 2% of the value of all outstanding stock at the beginning of the period. So for most businesses of meaningful size, that 2% threshold is really tiny. The safest approach is to ensure no redemptions have occurred in the look-back period. If there have been redemptions, you'll need to carefully analyze whether they fall within the de minimis exception or whether there's a qualifying exception for death, disability, or divorce (there are specific carve-outs for these situations).
Has anyone else run into issues with the "active business" requirement? I bought a manufacturing business that qualified initially, but we started generating significant interest income from our cash reserves (about 15% of our income), and our accountant warned this might jeopardize our Section 1202 qualification.
Yes, this is a real concern! One way around this is to establish a separate entity for your excess cash/investments. The "active business" test requires that at least 80% of assets be used in the active conduct of a qualified business. If your cash reserves are getting too large, you could dividend out excess cash to yourself and then invest personally, or create a separate investment entity that wouldn't affect your QSBS-eligible company.
I'm a tax preparer and see this problem with education credits all the time. Here's a simplified explanation: 1) Fellowships are tax-free ONLY for amounts used for qualified education expenses 2) Any fellowship money used for living expenses is taxable 3) For the Lifetime Learning Credit, you can only use expenses not already covered by tax-free education assistance So if you have $30,000 fellowship and $13,500 in qualified expenses, $13,500 of your fellowship is tax-free and the remaining $16,500 is taxable. But here's the catch - those same $13,500 expenses used to make part of your fellowship tax-free CAN'T also be used for the LLC. If you had additional qualified expenses beyond what you used for the tax-free fellowship portion, those could potentially be used for the LLC.
This finally makes sense! So basically I can't get both benefits on the same dollars - either the money is tax-free OR I can use it for LLC but not both. Would it be possible to split my qualified expenses? Like use $8,000 for tax-free fellowship treatment and the remaining $5,500 for the LLC calculation?
Exactly! You can absolutely split your qualified expenses to optimize your tax situation. You could allocate $8,000 of your qualified expenses to make that portion of your fellowship tax-free, and then use the remaining $5,500 toward calculating your Lifetime Learning Credit. With the LLC giving you a credit of 20% of your qualified expenses, that $5,500 would generate a $1,100 tax credit. You'd need to calculate whether this approach saves you more than making all $13,500 of your fellowship tax-free. It depends on your tax bracket, but credits are generally more valuable than exclusions from income.
Has anyone used TaxSlayer for this situation? I'm in almost the identical situation with fellowship and education credits but don't want to pay for TurboTax.
I used TaxSlayer last year with a research fellowship and Lifetime Learning Credit. It worked fine but you have to be careful about how you enter the fellowship income. If you received a W-2, enter it as wages. If no W-2, you need to report it as "Other Income" and then separately indicate how much was for qualified expenses. For the LLC, make sure you're only claiming expenses that weren't already covered by tax-free scholarship/fellowship funds. TaxSlayer has a decent education credits section but doesn't always make this distinction super clear.
Sasha Ivanov
Just want to add one important thing about the 1095-B form that hasn't been mentioned yet. While you don't need to submit it with your return, you should double-check that the information on it is CORRECT before filing. My daughter's 1095-B last year showed she only had coverage for 8 months when she was actually covered all year through Medicaid. If I hadn't caught it, and the IRS had questioned her coverage, I would've had a headache trying to prove she was covered those other months. If there are any errors on your 1095-B, contact Texas Medicaid to get it corrected. The corrected info will be sent to the IRS, but you'd want to keep the updated form for your records too.
0 coins
Zoe Papadopoulos
ā¢That's a great point I hadn't thought about! I just double checked and thankfully mine shows coverage for all 12 months for both me and my kids. But what would have happened if there was a mistake and you'd already filed? Would you have needed to amend your return?
0 coins
Sasha Ivanov
ā¢If you'd already filed and later discovered an error on your 1095-B, you typically wouldn't need to amend your return in most cases. Since 2019, when the tax penalty for not having health insurance was reduced to $0 at the federal level, there's generally no direct tax impact. However, it's still important to get the form corrected by contacting Medicaid, as having accurate records of your health insurance coverage can be important for other reasons, including potential state requirements or if questions come up later about your coverage history.
0 coins
Liam Murphy
I'm confused about something else with these medical forms. I got both a 1095-B AND a 1095-C because I had employer insurance part of the year and then switched to Medicaid. Do I need to report either of them? Or both?
0 coins
Jamal Brown
ā¢You don't need to submit either form with your tax return. Both the 1095-B (from Medicaid) and 1095-C (from your employer's insurance) are informational forms for your records. You do need to accurately answer the health insurance coverage questions in your tax software, indicating that you had coverage all year through a combination of employer insurance and Medicaid. The forms themselves don't get submitted - they're just proof of your coverage if you're ever asked about it.
0 coins
Liam Murphy
ā¢Thank you! That makes it so much clearer. I was driving myself crazy thinking I needed to enter all the policy numbers and dates from both forms. Such a relief to know I just need to indicate I had coverage all year and keep these forms in my records.
0 coins