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21 One thing nobody's mentioned is the wash sale rule! If you sell an investment at a loss and buy the same or "substantially identical" investment within 30 days before or after the sale, you can't claim the loss for tax purposes. This applies to both short-term and long-term losses. I learned this the hard way last year when I sold some tech stocks at a loss, then bought them back 2 weeks later when the price dropped even more. My broker's tax statement showed the loss as "disallowed" and I couldn't use it to offset gains.
4 So how long do you have to wait before you can buy the same stock again and still claim the loss? Is it exactly 30 days?
21 Yes, it's exactly 30 days before or after the sale. So to be safe, you need to wait a full 31 days before repurchasing the same or substantially similar securities if you want to claim the capital loss. It's important to note this applies across accounts too - so selling in your regular account and buying in your IRA within that window would still trigger the wash sale rule. And it's not just identical stocks - the IRS considers "substantially identical" securities to fall under this rule as well, which can sometimes include options on the same stock or very similar ETFs.
14 Does anyone know if you can "save up" capital losses for future years when you might be in a higher tax bracket? I have about $12,000 in losses this year but my income is pretty low. Would it make sense to only claim the $3,000 for this year and carry the rest forward to next year when I expect to have a higher income?
8 You don't really have a choice. The tax code requires you to claim the $3,000 loss against your current year income, and then carry forward the remaining $9,000 to future years. You can't voluntarily "save" the entire $12,000 for future years when you might be in a higher bracket.
Don't forget about the deadline! The 1099-NEC forms must be filed with the IRS and sent to contractors by January 31, 2025. There are penalties for filing late, and they get worse the longer you wait. You can request an extension but only for filing with the IRS, not for sending them to the contractors.
Is there any software you recommend for creating and filing the 1099s? I'm guessing I can't just make these myself on regular paper?
You can use tax software like TurboTax, H&R Block, or QuickBooks to prepare and file your 1099s. There are also specific 1099 filing services like Track1099 or Tax1099. The IRS has specific paper requirements if you want to print them yourself - they need to be on official red "scannable" forms which you can order from the IRS or buy at office supply stores. But honestly, e-filing is much easier and more reliable. Most software will e-file with the IRS and let you print copies for your contractors.
This might be too late now, but next time you should have the homeowner pay the subcontractors directly. That way they'd be responsible for the 1099s, not you. I learned this the hard way a few years ago.
Something that hasn't been mentioned yet is that you'll need to be treating your au pair as a household employee with proper payroll tax reporting (Schedule H) if you want to claim any of these expenses as deductions. The IRS is really strict about this - if you're not handling the employment taxes correctly, they'll deny related deductions. Make sure you're giving your au pair a W-2, not a 1099, and that you're paying employer taxes.
Thanks for bringing this up! We do have the au pair through an official agency program, so they handle a lot of the employment paperwork. But I wasn't sure if we needed to do anything additional for tax purposes. Do you know if we still need to file a Schedule H if the agency is involved?
Even with an agency involved, you'll typically still need to file Schedule H as the host family is usually considered the legal employer. The agency facilitates the match and handles visa sponsorship, but they don't typically handle the employment taxes. You should check your contract with the agency, but in most cases, you need to be withholding Social Security and Medicare taxes and paying the employer portion. The good news is that properly documenting this employment relationship strengthens your case for any related tax deductions or credits you're claiming.
Has anyone actually successfully deducted au pair expenses as medical services before? My accountant told me that's a huge red flag for an audit. We have a similar situation but were advised to just take the Child and Dependent Care Credit instead.
I've done it, but ONLY for the portion related to medical care for my son with autism. We had our developmental pediatrician write a letter specifically stating that our au pair was implementing his therapy plan at home, and we documented the hours spent on those activities vs regular childcare. We deducted about 30% of our au pair costs as medical and took the dependent care credit for the rest. No audit issues for 3 years now.
Just wanted to add - I filed 4 years of back taxes last year and the most important thing is to just START. Pick the most recent year and file that one first, then work backward. Each year you complete will give you confidence for the next one. If your situation is simple (just W2 income), you might be able to use the free fillable forms from the IRS website for the most recent years. For older years, you'll have to print and mail them in. Good luck! Getting back into compliance feels AMAZING when you're done.
Thanks for the encouragement! Did you end up owing a lot in penalties when you finally filed? That's what I'm really worried about.
For the years where I owed taxes, yes, there were penalties - but they weren't nearly as bad as I had built up in my head. The failure-to-file penalty is 5% per month up to 25% maximum, plus interest. But for the years where I was due a refund, there were no penalties at all (though I could only claim refunds for the most recent 3 years). The IRS was actually reasonable about setting up a payment plan. My monthly payment is around $120, which is manageable. The mental relief of not having this hanging over my head anymore is worth way more than what I'm paying in penalties.
Don't forget to look into your state tax returns too! Everyone always focuses on federal, but depending on your state, you might need to file state returns for those years as well. Some states are more aggressive about collections than the IRS.
THIS! I filed all my federal back taxes but completely forgot about state. Got a nasty surprise letter from my state tax agency six months later with additional penalties. Handle both at the same time if you can.
Sean Fitzgerald
One thing nobody's mentioned yet - you might actually be owed refunds for some of those years! The IRS only has 3 years to issue refunds, so anything before 2022 would be forfeit now, but still worth checking. I'd also recommend preparing for a potential CP2000 notice if you had income reported to the IRS that you haven't accounted for. Once you start filing, they'll match your reported income against what they have on file. Keep good records of EVERYTHING during this process. Every letter, every payment, every confirmation number. The IRS systems don't always talk to each other efficiently.
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Leila Haddad
ā¢Thank you for mentioning potential refunds! I hadn't even considered that possibility. Do you know if receiving a refund for one year could offset what I might owe for other years automatically? And what exactly is a CP2000 notice? Is that something I should be worried about?
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Sean Fitzgerald
ā¢The IRS will generally apply any refunds to outstanding tax debts automatically. So yes, if you're due a refund for 2022 but owe for 2018, they'll typically apply that refund to reduce your 2018 balance. This happens automatically in most cases. A CP2000 is a notice of proposed adjustment to your tax return. It basically means "we think you didn't report all your income." It's not an audit, but it means the IRS identified a discrepancy between what you reported and what they have on record from W-2s, 1099s, etc. Not something to panic about, but you'll need to either agree with their assessment or provide documentation showing why they're incorrect.
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Zara Khan
don't forget state taxes too!! i made this mistake when catching up on back filings - did all the federal work and then realized i had to do state taxes separately for each year. some states have different requirements for back filing and different penalties too.
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MoonlightSonata
ā¢Plus if you lived in different states during those years you might need to file partial year returns for each state! I had to file in 3 different states for one tax year when I moved around for work. Total nightmare.
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