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Don't forget to check for potential refunds! My mother hadn't filed for three years when I became her guardian, and it turned out she was owed refunds for two of those years. The IRS only allows you to claim refunds going back three years though, so if 2020 would have resulted in a refund, you're getting close to that deadline. Also, see if your state has a Taxpayer Advocate Service office. They helped me tremendously when I was in your situation - they're specifically trained to assist with hardship cases and can sometimes help navigate the system more efficiently.
That's good to know about the refund time limit. Do you know if filing for an extension would help with that deadline at all? And did you have to fill out any special forms to explain the guardianship situation to the Taxpayer Advocate?
Unfortunately, extensions only give you more time to file - they don't extend the three-year window for claiming refunds. That three-year clock starts on the original due date of the return regardless of extensions. For 2020 taxes (due in 2021), you're approaching that deadline, so prioritize that year first if possible. For the Taxpayer Advocate Service, you'll need to complete Form 911 (Request for Taxpayer Advocate Service Assistance), along with documentation of your guardianship/POA. Having your Form 2848 already completed helps. They're very familiar with guardianship situations and can sometimes help expedite transcript requests or provide guidance specific to your circumstances.
I'm dealing with a similar situation for my grandmother - one thing I've learned is to separate the business tax issues from personal tax issues when organizing. Different rules apply to each. For the business, even if it's defunct, you'll need to file final returns and possibly formally dissolve the business with your state. It sounds like it was a sole proprietorship (Schedule C) from your description, which is simpler than if it had been an LLC or corporation.
This is important. I made the mistake of not properly closing my dad's business when I became his guardian, and it caused all kinds of headaches years later. The state kept assessing annual fees and eventually sent it to collections because we thought just stopping operations was enough.
Have you looked into whether your employer would be open to switching you from W-2 to 1099 independent contractor status? That would allow you to deduct ALL your business mileage. Just something to consider if they won't do an accountable plan.
I actually asked about that last year, but my company said they can't do it because of how they control my schedule and work processes. Something about the IRS having specific tests for who qualifies as an independent contractor vs. employee. They also mentioned it would mean losing my benefits like health insurance and 401k matching.
That makes sense. The classification rules are pretty strict and the IRS looks at factors like behavioral control, financial control, and relationship factors. If the company controls when and how you work, provides tools/equipment, offers benefits, etc., they're probably correct that you should be classified as an employee. Be careful pushing for 1099 status just for tax deductions - if misclassified, it could create bigger headaches down the road for both you and the employer. The accountable plan route others suggested is probably your best option at this point.
One option nobody's mentioned - some companies will pay you a higher commission rate instead of reimbursing expenses. I negotiated this at my last sales job - they bumped my commission from 7% to 9% to cover my vehicle expenses, which actually worked out better for me in the end. Might be worth asking!
This is what I did too. My company was resistant to dealing with expense reports, so they just increased my commission structure. Just make sure you do the math first - calculate what your annual mileage reimbursement would actually be (miles Ć IRS rate) and make sure the commission increase at least covers that amount.
3 Don't forget about the ordering rules when amending returns. You should amend 2021 first, then 2022, because any changes to 2021 (especially with carried losses) can affect your 2022 return. I learned this the hard way when I had to amend multiple years for my rental property.
1 That's a really good point I hadn't considered. If I amend 2021 to show the losses, would any unused losses potentially carry forward to the 2022 return? I'm trying to figure out the right sequence here.
3 Yes, exactly. Any disallowed passive losses from 2021 (amounts that exceed what you're allowed to deduct due to the income limitations) would carry forward to 2022. So first figure out your 2021 situation - how much loss you can actually claim after the Form 8582 calculations, then carry any remaining disallowed losses to 2022. Even if you can't deduct all the losses in either year due to the $150K phaseout, having them properly documented and carried forward is important because you can eventually claim them when you dispose of the property. That's why doing them in the right order matters.
19 Has anyone tried using tax software for amendments involving rental properties? I'm looking at TurboTax but not sure if it handles the 8582 form well for amended returns.
10 I used TaxAct for a similar amendment last year. It was decent with Schedule E but the Form 8582 calculations were confusing. Had to basically understand the form myself to make sure it was done right. Not super user-friendly for rental property amendments.
One thing nobody's mentioned yet - your age makes a HUGE difference in this decision. At 28, you have 30+ years of compound growth ahead of you. That makes Roth accounts extremely powerful because all that growth will be tax-free when you withdraw. My personal strategy: I do Roth when I'm in the 22% tax bracket or lower, and switch to traditional pre-tax when I'm in the 24%+ brackets. That's worked well for me because I expect to stay in the 22% bracket or lower in retirement. Also, don't forget about the Mega Backdoor Roth if your 401k plan allows after-tax contributions and in-plan Roth conversions! Could let you put WAY more into Roth accounts even if you're above income limits.
What's this Mega Backdoor Roth thing? I've never heard of it and I'm maxing out my regular 401k already. Is this some kind of loophole?
The Mega Backdoor Roth is a completely legal strategy that allows you to contribute significantly more to Roth accounts than the standard limits. Here's how it works: after maxing out your regular 401(k) contribution ($23,000 for 2025), some employer plans allow additional after-tax contributions up to the total annual limit ($69,000 for 2025, minus employer contributions). You then immediately convert these after-tax contributions to Roth money either through an in-plan Roth conversion or by rolling them over to a Roth IRA. Not all 401(k) plans support this strategy though - you need a plan that allows both after-tax contributions (not just Roth) AND either in-plan Roth conversions or non-hardship in-service withdrawals. Worth checking with your HR department if your plan has these features. It's a game-changer if you're a high earner wanting to get more money into Roth accounts.
Has anyone actually done the math on Traditional vs Roth for someone in the 22% bracket? I've heard arguments both ways and I'm confused which is actually better from a pure numbers perspective.
I did a spreadsheet calculation comparing both options. If your tax rate in retirement is exactly the same as your current rate, they're mathematically identical. But most people have lower income in retirement, which makes Traditional better in theory. But there's a strong case for Roth if: 1) You expect tax rates overall to increase in the future (likely given current deficit), 2) You expect to have other income in retirement keeping you in high brackets, or 3) You value the flexibility of Roth (no required minimum distributions, can withdraw contributions penalty-free if needed, etc).
Diego Ramirez
One option you might want to consider is asking if they'd be willing to hire you as an independent contractor rather than an employee. I work with clients in 3 different countries, and doing it as a contractor makes the tax situation much cleaner. You'd be responsible for all your US taxes (including self-employment tax for Social Security/Medicare), but you wouldn't have to deal with foreign tax withholding. You'd still report the income on your US return, but it's much simpler paperwork-wise. The downside is you'd lose any benefits they might offer as an employee, but many foreign companies struggle with the complexity of having US-based employees anyway, so they might prefer this arrangement too.
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QuantumLeap
ā¢That's an interesting suggestion! I hadn't considered the contractor route. Do you have any issues with getting paid? Like do you have to deal with currency conversion fees or international wire transfers?
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Diego Ramirez
ā¢I use Wise (formerly TransferWise) for payments, and it's been great. The fees are much lower than bank wire transfers, and you get very close to the actual exchange rate. Most of my foreign clients are happy to use it since it saves them money too. You'll want to keep records of the exchange rates for tax purposes though. I track each payment in both the foreign currency and USD equivalent on the date of payment, which makes tax time much easier. Some clients pay me in USD directly, which simplifies things even further if your German company is willing to do that.
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Anastasia Sokolov
Don't forget about state taxes too! Federal tax rules for foreign income are one thing, but states can have completely different approaches. Some states don't recognize foreign tax credits the same way the federal government does.
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Sean O'Connor
ā¢This is so true. I work for a UK company while living in California, and California doesn't fully recognize the same tax treaties as the federal government. Ended up having to pay more to California even though I was protected from double taxation at the federal level.
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QuantumLeap
ā¢Thanks for pointing this out! I'm in Texas which doesn't have state income tax, so I guess that's one less thing to worry about at least!
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