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I work at a tax prep office (not a professional, just admin) and see this ALL THE TIME. Here's what our preparers tell clients: 1) File first! This is the #1 advice 2) If you have a custody agreement, review it carefully - sometimes there are alternating years for tax claims that people forget about 3) If you get rejected, don't panic. Paper file with all your proof of residency 4) The person who claimed your child illegally will eventually get audited and have to pay back all credits plus penalties 5) If this happens repeatedly, it could be identity theft so get those IP PINs ASAP The biggest mistake people make is waiting too long to deal with it. Don't put off paper filing if you get rejected!
Thanks so much for this! One question - my daughter lives with me 100% of the time, but her dad keeps claiming he's "entitled" to claim her some years because he pays child support. Is that true? The custody agreement doesn't mention taxes at all.
Child support payments do NOT give someone the right to claim a child as a dependent. The IRS has very specific tests for who can claim a child, and the main one is where the child lived for more than half the year (the residency test). If your daughter lives with you 100% of the time, you are the qualifying parent. Your ex might be thinking of the "dependent exemption release" (Form 8332) where the custodial parent can voluntarily release their claim to the non-custodial parent. But this is completely voluntary - you don't have to do this unless it's specified in your custody agreement. No custody agreement means you, as the parent with 100% physical custody, have the right to claim your child.
Just an FYI - I learned this the hard way - if someone fraudulently claims your child, your refund will be delayed EVEN if you paper file correctly. My ex claimed our kids when it wasn't his year, and it took 11 MONTHS to get my refund last time. That's why preventative measures like the IP PIN are so important. Also consider updating your custody agreement to specifically address who claims the kids on taxes in which years. My lawyer said this can help with IRS disputes.
Did they end up penalizing your ex for filing incorrectly? I'm wondering if there are any consequences for the person who's been claiming my kid.
Yes, they did eventually! The IRS sent him a notice disallowing the child tax credit and earned income credit he'd claimed. He had to pay back all of that money plus interest and a 20% accuracy-related penalty. It took about 14 months from when I filed my paper return with documentation, but the IRS did resolve it in my favor. I also found out he'd been doing this for 3 years, so they went back and audited his previous returns too. Expensive lesson for him!
One thing nobody mentioned yet - you might want to look into contributing to a spousal IRA for your wife even though she doesn't have income. Since you're the earning spouse, you can make contributions to an IRA for a non-working spouse which gives you additional tax advantages. Worth considering as part of your new married tax strategy!
That sounds interesting but I've never heard of a spousal IRA. How does that work exactly? Does it come with the same tax benefits as a regular IRA?
A spousal IRA works just like a regular IRA - same contribution limits, same tax benefits. The difference is that normally you need earned income to contribute to an IRA, but the spousal IRA is an exception that allows a working spouse to contribute to an IRA for a non-working spouse. For 2024, you could contribute up to $7,000 to a spousal IRA for your wife ($8,000 if she's 50 or older). This gives you an additional tax deduction if you choose a Traditional IRA, or tax-free growth if you choose a Roth IRA. You'll need to file jointly to use this benefit, and your earned income must be at least equal to the total contributions you make to both your IRA and her spousal IRA.
Just got married last December myself and learned the hard way - make sure you run the numbers both ways (joint vs separate) before filing. Everyone told me joint was automatically better, but because of my student loan income-based repayment plan, filing separately actually saved me money despite paying more in taxes!
This is a really good point. Do you use any specific tax software that made it easy to compare the two options?
Don't forget about state taxes too! This is something a lot of people overlook when moving abroad. Some states like California and Virginia are notorious for trying to claim you're still a resident even after you've moved abroad. Before you leave, make sure you establish residency in a tax-friendly state or take clear steps to terminate your residency in your current state. This might include: - Selling property - Canceling state licenses/registrations - Closing state bank accounts - Getting a driver's license in your new location - Changing voter registration I paid double taxes for a year because I didn't properly handle my New York residency termination before moving to Dubai.
What if I plan to keep my house in my home state and rent it out while I'm gone? Does that mean I'll always be considered a resident there for tax purposes?
Keeping a house doesn't automatically make you a resident, but it does create a connection to the state that tax authorities might use to argue you've maintained your residency. If you rent out your house, you'll need to report that rental income to your state, but that doesn't necessarily make you a full resident. To strengthen your case for non-residency, make sure you have documentation showing you've established a genuine home in Dubai, like a long-term lease or utility bills in your name. Also keep records of your physical presence (entry/exit stamps, flight records) to demonstrate you're genuinely living abroad. Some states have specific requirements about maximum days you can spend there annually without triggering residency.
Has anyone here dealt with retirement accounts when moving to Dubai? I have a 401k and Roth IRA and I'm not sure if I should leave them alone, roll them over, or what? Also confused about whether I can still contribute while living abroad.
You can generally keep your retirement accounts as they are when moving abroad. For contributions, it gets tricky - you need US taxable income to contribute to an IRA, so if all your income is excluded via the Foreign Earned Income Exclusion, you might not be eligible to contribute. For 401k contributions, it depends on your employer - if you're working for a US company abroad, you may still be able to contribute, but if you're working for a foreign employer, you typically can't.
This whole thread is really helpful. I have a related question - if my S Corp (which is a 30% member of an LLC) has its own employees and payroll, how does that factor in? Can the S Corp still take deductions for its own payroll expenses even though it's receiving K-1 income from the LLC?
That's super helpful, thanks! My accountant mentioned something about "reasonable compensation" requirements for S Corps but wasn't clear on how that interacts with the K-1 income flowing in. Does the K-1 income from the LLC affect how much I need to pay myself as reasonable salary from the S Corp?
The K-1 income does indirectly affect reasonable compensation considerations. The IRS expects S Corp owner-employees to take a "reasonable salary" before taking distributions, which means your salary should be comparable to what would be paid for similar services in your industry. When your S Corp receives additional income (like K-1 income from an LLC), it increases the total profit available in the S Corp. If your responsibilities or time commitment increase due to this additional business activity, it might justify a higher reasonable salary. The key test is always what's reasonable for the actual services you're providing to the S Corp. Remember that paying yourself too little in salary and taking large distributions instead can be a red flag for the IRS, as it can look like an attempt to avoid payroll taxes.
Has anyone here ever converted from having their LLC issue 1099s to an S Corp to making the S Corp an actual member of the LLC? I'm considering this structure but worried about the transition complexities.
I did this last year. The paperwork is a pain, honestly. You need to formally admit the S Corp as a member of the LLC, which means amending the LLC operating agreement. Then there's the whole issue of how to value the membership interest if the S Corp is purchasing it rather than being granted it. We had to get a business valuation done which cost about $3,500.
Edward McBride
One thing to know - the IRS has a "First Time Penalty Abatement" policy that might help you! If you haven't had any penalties in the 3 years before the oldest unfiled year, you could get penalties waived for that first year. You still have to pay any taxes owed, but it could save you a bunch on penalties. I was able to get about $800 in penalties removed this way when I finally filed my 2019-2021 returns last year. You usually have to ask for it specifically - it's not automatic.
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Marilyn Dixon
β’That's so helpful to know about! Does this penalty abatement apply even if I've been claiming exempt incorrectly on my W-4? And would I need to specifically request this through a phone call or is it something I'd note when filing the back returns?
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Edward McBride
β’The First Time Penalty Abatement can still apply even if you claimed exempt incorrectly on your W-4. The IRS looks at whether you've had penalties in the prior 3 tax years, not how you filled out your withholding forms. You typically request it after you file all your returns and receive a bill from the IRS that includes penalties. You can request it by phone, mail, or sometimes through your online account. The easiest method is usually to call the IRS after you receive a bill and specifically ask for "First Time Penalty Abatement" - just be prepared to explain that you've had a clean compliance history before this.
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Darcy Moore
Don't forget that having a baby changes your tax situation significantly! Make sure whoever helps with your returns knows to claim: 1. Child Tax Credit - worth up to $2,000 per qualifying child 2. Changed filing status - you might qualify for Head of Household which gives better tax rates 3. Child and Dependent Care Credit if you pay for childcare 4. Earned Income Credit which is bigger with a qualifying child When you update your W-4, make sure to account for these credits to avoid overwithholding!
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Marilyn Dixon
β’Thank you! I had no idea about potentially qualifying for Head of Household status - I thought since I'm not married I'd just remain "Single" for filing status. Are there specific requirements for Head of Household that I should know about?
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Darcy Moore
β’To qualify for Head of Household, you need to be unmarried at the end of the year, pay more than half the cost of keeping up a home for the year, and have a qualifying person (like your child) living with you for more than half the year. The benefit is substantial - the tax brackets are more favorable than single status, and you'll get a larger standard deduction ($20,800 for 2023 vs $13,850 for single filers). When you update your W-4, check the filing status box for Head of Household to have the correct amount withheld going forward.
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