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Have your client look into the First Time Penalty Abatement program! If they haven't had any penalties in the previous 3 years, they might qualify to have the failure-to-file and failure-to-pay penalties removed for one tax year. This won't help with the actual tax or interest, but the penalties can add up to 25% of the original tax amount, so it's worth exploring. Typically, the IRS applies it to the earliest tax year that qualifies. Also, make sure they stay compliant going forward. Getting on a payment plan means they need to file and pay all future taxes on time, or the payment agreement will default.
Does First Time Penalty Abatement work if you have multiple years unfiled? I thought it was only for a single mistake, not years of non-compliance.
First Time Penalty Abatement only applies to one tax year, but even with multiple years unfiled, they can still qualify if they didn't have any penalties in the three years before the earliest unfiled year. So if 2021 is their earliest unfiled year, they'd need a clean compliance history for 2018-2020. You're right that it's designed for isolated mistakes rather than patterns of non-compliance, but the IRS often still grants it for the first year in a multi-year situation. The remaining years wouldn't qualify for first-time abatement, but might qualify under other reasonable cause arguments depending on the circumstances.
Make sure to warn your client that they'll need to stay SUPER on top of their estimated tax payments going forward! The IRS is much less forgiving with payment plans if you keep adding new tax debt on top of the old. I recommend having them set up a separate savings account just for taxes and automatically transfer 30% of each payment they receive. This was a game-changer for me after getting caught in a similar situation.
Don't forget that having a baby will change your tax situation significantly! With your income levels, you'll qualify for the Child Tax Credit which is worth up to $2,000 per child. Make sure you account for this when adjusting your W-4. You can claim this credit directly on your W-4 in Step 3. Since you're having the baby this year, you'll get the full credit for 2025 taxes. This will effectively reduce the amount you need to withhold. Also, check if your employers offer Dependent Care FSAs - you can put up to $5,000 pre-tax toward childcare expenses, which could save you an additional $1,100+ in taxes depending on your bracket.
Thank you for mentioning this! With the baby coming next month, I completely forgot to factor in how that would affect our taxes next year. Would you recommend we split the $2,000 child tax credit between both our W-4 forms or put the full amount on just one of our forms? Also, do you know if we qualify for the child care tax credit as well as the dependent care FSA? Or can we only use one of those options?
You can put the full $2,000 on just one W-4 form, or split it between both - the end result will be the same. Just make sure you don't claim it on both forms (which would incorrectly double-count the credit). Regarding the child care tax credit vs. dependent care FSA: You can potentially use both, but there's an important limitation. The expenses you pay through the FSA cannot also be used for the child care credit - no "double dipping." Usually, with your income level, the FSA is more beneficial because it reduces your taxable income directly. The child care credit percentage is reduced at higher income levels, making the FSA more valuable for most dual-income professional couples.
I think everyone is missing an important point - the OP and spouse have similar incomes around $130k each, so their combined income is pushing $260k. At that level, they're getting hit with higher marginal tax rates that the W-4 calculator doesn't always handle well for dual-income couples. Another factor to consider is whether you're maxing out your 401k contributions. If not, increasing those contributions would reduce your taxable income and potentially lower your tax bill significantly. At your income level, each of you could contribute up to $23,000 (2024 limit), potentially saving thousands in taxes while building retirement savings.
This is spot on. My wife and I have almost identical incomes to the OP, and increasing our 401k contributions made a huge difference. We each increased from 10% to 15% contributions and it dropped our tax bill by almost $3,000. Plus that money is growing tax-deferred instead of going to the IRS. Also worth noting that at their income level, they might be close to the phase-out range for some tax benefits once the baby arrives, so tax planning becomes even more important.
Something nobody's mentioned yet - make sure you and your ex are clear about other tax benefits beyond just the Child Tax Credit! When my ex and I were splitting this up, we didn't realize that whoever claims the child also gets: - Head of Household filing status (better tax rates) - Child and Dependent Care Credit (if you pay for daycare) - Education credits if they're in college or private school We ended up having to redo our agreement because our youngest has daycare expenses that made it WAY better for me to claim him even though my ex claimed our older child.
Wait, does claiming the kid automatically make you Head of Household? I thought you had to have the child living with you for more than half the year for that? How does that work with 50/50 custody?
You're absolutely right to question that - I oversimplified. For Head of Household status, you need to have the child in your home for more than half the year AND provide more than half of the household's financial support. In true 50/50 situations, only one parent will qualify, and it's not automatically tied to who claims the Child Tax Credit. This is actually why it's so important to understand all the different tax benefits - they don't all follow the same rules. For example, the parent who has the child more nights during the year (even by just one night) might qualify for Head of Household, while the other parent might still be able to claim the Child Tax Credit with a signed Form 8332.
Has anyone actually done the alternating years approach? My ex and I just finalized our divorce and we have twins. We're thinking I'll take both kids in odd years, he takes both in even years. We both make roughly the same income so it seems simplest. Do we need to fill out those 8332 forms every single year or can we do one that covers multiple years?
My ex and I do exactly this with our kids. You can actually fill out Form 8332 to cover multiple future years. We did one form for a 10-year period specifying which years each of us would claim the kids. Just be super clear about which tax years you're releasing the claims for. Also make a copy for yourself - my ex lost his copy one year and it was a whole thing.
The birth certificate actually doesn't matter for tax purposes. When I went through my divorce, my ex tried to claim our daughter every year despite her living with me full-time. The judge in our case made it very clear: it's about where the child physically resides for the majority of the year (183+ days). Document everything - keep a calendar showing exactly which days your child is with you vs. with him. Save receipts for major expenses (medical, childcare, etc.) to show you're providing support. If he files first and incorrectly claims your son, you'll need to paper file your return and be prepared for a longer refund processing time while the IRS sorts it out.
Should she get a formal custody agreement ASAP? Seems like that would help with the tax situation too.
Absolutely. A formal custody agreement would definitely help clarify the situation, both for tax purposes and beyond. It creates an official record of the parenting time split, which is crucial for determining tax benefits. Even with a formal agreement though, remember that the IRS ultimately follows its own rules about who qualifies as the custodial parent for tax purposes. If the agreement specifies that the father can claim the child despite having less than 50% physical custody, the mother would still need to complete Form 8332 to release her claim. Without that form, the IRS will side with whoever meets the physical residence test.
Hey, one thing nobody's mentioned - even if he's not on the birth certificate, has he established legal paternity any other way? In my state, unmarried fathers have to file an acknowledgment of paternity before they have any legal rights to the child at all. If he hasn't legally established paternity, he might not even be able to claim the child regardless of the custody situation. Just something else to consider.
Ryan Young
Getting back to the original question about tax code changes - I'd eliminate the married filing separately status entirely. It's almost always worse than filing jointly, and in the rare cases where it's beneficial, it creates massive complexity. Just have single, married, and head of household. Also, can we PLEASE standardize the definition of "child" across all tax provisions? The different age requirements for dependents vs. child tax credit vs. EIC vs. head of household status make my brain hurt.
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Zoe Gonzalez
ā¢The married filing separately thing is interesting! I've rarely seen cases where it's beneficial. But what about separated couples who aren't legally divorced yet? Would you have some exception for them?
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Ryan Young
ā¢Good point about separated couples! I'd create a simple "legally separated" status that would essentially treat them as single filers. The current system with MFS is just too punitive with all its limitations and phase-outs. The problem is that MFS was designed to prevent gaming the system, but it's become so restrictive that it actually creates unfair outcomes for people in difficult situations, like those separating or dealing with a spouse who won't cooperate on taxes. A better-designed single status for separated individuals would be much more straightforward.
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Sophia Clark
What about simplifying capital gains? I have to track basis for every stock purchase separately and it's a nightmare. Why not just let me use average cost basis for everything? And why do we have to track wash sales manually? The brokerages already report everything to the IRS anyway!
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Katherine Harris
ā¢Average cost basis would be amazing! Also why are crypto transactions so complicated tax-wise? I bought and sold some Bitcoin last year and the tax calculations were insane. Each transaction created a taxable event and I had hundreds.
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