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Just to add a slightly different perspective - make sure you're considering the potential returns on that money too. If your investment is returning 8% but your loan interest is 6%, it might make sense to keep the loan and not pay it off early since you're net positive. But if the market turns and your investments start losing value while you're still paying (or accumulating) interest, that leverage works against you. I've been burned by this before when I had too much margin during a market downturn.
That's a really good point! My investment return has been about 11% annually while my loan interest is around 7%, so I've been ahead so far. But you're right about the risk - a market downturn could flip this equation quickly. Are there any strategies you use now to protect against that kind of scenario?
I maintain a much lower margin percentage now - never more than 20% of my total portfolio value. This gives me enough cushion to withstand even a severe market correction without facing a margin call. I also set up automatic alerts to notify me when my margin utilization crosses certain thresholds. This helps me stay proactive rather than reactive. And I keep a portion of my portfolio in less volatile investments that can provide stability during market turbulence - this has saved me several times when tech stocks took a nosedive.
Has anyone actually used Schedule A for investment interest deductions recently? With the standard deduction being so high now ($13,850 for singles in 2023), it seems like most people wouldn't itemize anyway, making this whole discussion moot for many investors.
Investment interest expense doesn't go on Schedule A anymore - it goes on Form 4952 and then the deductible amount transfers to Schedule A. But your point about the standard deduction is valid. For me, between state/local taxes, mortgage interest, and charitable contributions, I'm already itemizing, so investment interest deductions are definitely worthwhile. But if you're not already over the standard deduction threshold, you're right that this strategy might not matter much.
Thanks for the Form 4952 clarification - shows how long it's been since I've done this! I wasn't aware of the form change. You make a good point about already itemizing for other reasons. I forget that in high-tax states or with large mortgages, many people easily exceed the standard deduction. I'm in a no-income-tax state with a paid-off house, so I rarely have enough deductions to itemize anymore.
22 Something people often overlook with Roth contributions is that you need to have TAXABLE compensation to contribute. So if all your income for the year was from workers comp, unemployment, or investment returns, you can't contribute anything to a Roth IRA that year. The compensation has to be taxable earned income like W-2 wages, self-employment income, or alimony (from pre-2019 divorces).
11 Wait so does disability payments count as earned income for Roth IRA purposes? I've been on short-term disability for a few months but still contributing to my Roth.
22 No, most disability payments don't count as earned income for Roth IRA purposes. Short-term disability payments from your employer or an insurance company are generally considered taxable income, but they're not considered earned income for IRA contribution eligibility. The only exception would be if you're receiving disability payments from Social Security and you've previously opted to have those benefits taxed as wages. But that's pretty uncommon and requires specific prior arrangements with the SSA.
7 If you already filed your taxes, remember you'll need to file an amended return to correct this. You'll need to file Form 5329 to report the excess contribution and either pay the 6% penalty or show that you withdrew the excess (plus earnings) by the deadline.
Have you tried just manually filling out Form 8965 and attaching it to your return? I had a similar issue with TaxAct last year and ended up just downloading the form from the IRS website, filling it out by hand, and attaching it to my printed return. For 2018, you can use exemption code G for general hardship on Form 8965, Part III. You don't need an ECN - just enter the code and the months it applies to. If you're e-filing, you might need to try different tax software, but if you're mailing your return, this workaround definitely works.
Would I still use TurboTax to do the rest of my return and just attach this form separately? I'm a little worried about how that would work with e-filing. Has anyone successfully done that?
You'd still complete the rest of your return in TurboTax, but when it comes to filing, you'd need to print and mail the return instead of e-filing. Just print everything from TurboTax, then attach your manually completed Form 8965. The downside is you'd have to paper file, which means a slower refund if you're getting one. But it's better than paying a penalty you don't owe! Another option might be to check out FreeTaxUSA or another software that might have updated their systems correctly for the 2018 hardship exemption changes.
Just to confirm what others have said - I was in the exact same situation for my 2018 taxes (unemployed most of the year). I ended up switching from TurboTax to FreeTaxUSA which handled the hardship exemption correctly without asking for an ECN. It let me enter exemption code G directly on the equivalent of Form 8965 and calculated everything correctly. Might be worth trying if you don't want to paper file or deal with calling the IRS. Their deluxe version is also way cheaper than TurboTax if you still need to file.
Was it complicated to switch software mid-way through doing your taxes? Did you have to re-enter everything?
You should immediately consult with a trust litigation attorney. The accountant's obligations are important, but your primary concern should be protecting the remaining trust assets ASAP. In my experience, once a trustee starts misappropriating funds, they rarely stop voluntarily. Your attorney can seek a temporary restraining order to freeze the trust accounts while the investigation proceeds. Also, document EVERYTHING from this point forward - every conversation, email, and phone call related to the trust. Keep copies of all statements and documents you receive. This documentation will be crucial for any legal proceedings.
What kind of attorney should I look for specifically? Is there a certain specialty that deals with trustee misconduct? And roughly what should I expect this to cost? I'm worried about spending a ton on legal fees when the trust assets have already been diminished.
You want an attorney who specializes in trust and estate litigation specifically - not just any estate planning attorney. Many estate planners focus primarily on creating trusts and wills but have limited experience with litigation when things go wrong. Look for terms like "trust litigation," "fiduciary litigation," or "trust disputes" on their website or firm description. Ideally, find someone who has experience specifically with trustee removal cases and financial misconduct. Regarding costs, most trust litigation attorneys work on an hourly basis, typically $300-$500 per hour depending on your location and the attorney's experience. Many states allow for attorney fees to be paid from the trust itself when the litigation benefits the trust (like removing a dishonest trustee), but this usually happens after the case concludes. You might need to pay upfront and seek reimbursement later.
Has anyone considered criminal charges? When my cousin stole from our family trust, we initially just tried to remove her as trustee. But our attorney explained that trustee theft over certain amounts is actually felony embezzlement in most states. Filing a police report created a lot more pressure and ultimately led to a much better settlement because she wanted to avoid prosecution. Just something to consider alongside the civil remedies.
This is an important point. My family went through something similar, and we found that once we filed a police report, the trustee suddenly became much more cooperative with returning funds. The district attorney in our county had a financial crimes unit that took it quite seriously.
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
โขThat'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
โขThe 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
โขThank 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
โขTo 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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