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QuantumLeap

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Something else to consider - do you have any 1099 income at all? Even a small amount would strengthen your position for putting the malpractice tail on Schedule C. Maybe a few medical consultations or chart reviews you could do? In my experience (tax preparer), the IRS is less likely to question the Schedule C treatment if you show at least some related income, even if it's minimal compared to the expense. Starting a legitimate business activity with even a small amount of income before filing would give you stronger footing.

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Would moonlighting at an urgent care for even just a few shifts count for this? I'm in a similar situation (different professional liability insurance though) and wondering if even just a few thousand in 1099 income would help establish the business intent.

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QuantumLeap

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Yes, moonlighting at an urgent care as a 1099 contractor would absolutely help establish business intent. Even just a few shifts generating a couple thousand dollars would create a much stronger case that you were genuinely engaged in business activity related to the insurance expense. The key is making sure you're actually classified as an independent contractor (receiving a 1099) rather than a part-time employee (W-2). As long as you have some legitimate 1099 income from medical work, you'll be in a much better position to justify the large deduction on Schedule C.

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Hey just a heads up - I'm an accountant and have worked with physicians in similar situations. Make sure you consider the impact on self-employment taxes too. If you report the tail on Schedule C with zero or minimal income, you'll show a loss that will offset ordinary income but won't create SE tax. However, if your husband has SE income from real estate, your tail expense can't offset his SE tax since it's not related to his business. Each Schedule C is treated separately. You might want to run the numbers both ways (Schedule C loss vs. possibly amortizing the tail over multiple years if you do any 1099 work in the future) to see what makes the most sense for your specific situation.

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Yara Nassar

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Thank you so much for this insight! I hadn't even considered the self-employment tax angle. The more I think about it, the more I'm leaning toward filing Schedule C with the full expense. I actually do have some very minimal income (around $3K) from chart reviews I did while transitioning between jobs. That should help establish business intent, right? I'm thinking I'll use some combination of the advice here - documenting everything thoroughly, including my correspondence with the locums company about credentialing, and making sure I'm prepared in case of an audit. The tax savings between Schedule C vs. effectively no deduction on Schedule A is just too significant to ignore.

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Ethan Moore

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This happened to me last year - turns out the company was trying to avoid paying their portion of employment taxes by treating their real employees as contractors, but then messed up and sent W-2s instead of 1099s! Make sure you have written contracts that clearly state you're an independent contractor. Also double check that you meet the IRS criteria for contractor status: - You control when and how you work - You use your own equipment - You work for multiple clients - You're not supervised day-to-day - You can make profit or loss If a company is controlling too many aspects of your work, they might correctly classify you as an employee even if you have your own business.

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What if your contract says you're a contractor but the company treats you more like an employee (making you work specific hours, etc)? Does the contract override how they actually treat you?

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Ethan Moore

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The contract doesn't override reality. The IRS looks at the actual working relationship, not just what the paperwork says. This is called the "economic reality test." If a company is controlling when, where, and how you work, requiring you to work certain hours, closely supervising you, providing equipment, and treating you like an employee in practice, the IRS will consider you an employee regardless of what your contract says. Many companies try to save money by misclassifying employees as contractors, but the actual working relationship is what matters.

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StarSurfer

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Has anyone tried filing Form SS-8 to get the IRS to make a determination on worker status? I'm in the same situation and thinking about just going straight to the IRS rather than arguing with these companies anymore.

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Carmen Reyes

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I filed SS-8 last year. Takes FOREVER (like 6-8 months) to get a determination, but when I finally did, the company had to reclassify me and pay all the back employment taxes. They weren't happy lol but it solved the problem permanently.

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Have you considered a Donor Advised Fund? It allows you to bunch several years of charitable contributions into a single tax year to potentially get over the standard deduction threshold. You get the tax deduction upfront but can distribute the actual charitable gifts over many years. Also, if you own your home, a HELOC used for home improvements might provide some deductible interest. And don't forget about medical expense deductions if you can exceed the 7.5% of AGI threshold.

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Liam Cortez

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The Donor Advised Fund sounds interesting! If I bunch several years of donations together, would that help me stay under the IRMAA threshold for multiple years, or just give me one good year and then potentially push me over in subsequent years? Also, do you know if medical premiums count toward that 7.5% threshold? I have some pretty hefty supplemental insurance costs.

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Bunching donations can give you one year with a lower MAGI, which helps with IRMAA for just that determining year. You're right that you'd need to plan for the subsequent years too - that's where QCDs become helpful since they can reduce your taxable income each year without needing to itemize. Yes, your premiums for Medicare Part B, Part D, Medicare Advantage, and supplemental policies all count toward the 7.5% medical expense threshold! Many retirees don't realize this. Track all your out-of-pocket medical costs including dental, vision, hearing aids, and long-term care insurance premiums too. With the higher healthcare costs in retirement, you might be surprised how often you can clear that 7.5% threshold.

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Anita George

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As a retiree who just went through this last year, don't sleep on investing in a small business! My daughter started an Etsy shop and I invested as a silent partner. The business expenses during startup gave me some nice deductions through my Schedule K-1, and now I'm getting some income too. Just make sure it's a legitimate business with profit motive - the IRS gets suspicious of "hobby businesses" that only generate losses.

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That's really interesting! How much did you have to invest to make it worthwhile from a tax perspective? I've been thinking about helping my son with his landscaping business but wasn't sure if it would make a meaningful impact on my taxes.

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Aisha Ali

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I asked my HR about this last yr and they said sometimes it looks like more taxes are taken because they also take the regular deductions from your bonus (health insurance, 401k, etc). So check ur bonus stub carefully to see what's actually being taken for taxes vs other stuff. Might explain why it feels like more than 22%!

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Ethan Moore

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Pro tip: if you want less tax withheld from your bonus, increase your 401k contribution just for that paycheck if your company allows it. I put 50% of my bonus straight into 401k last year and it lowered my taxable income. Double win!

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Something nobody mentioned - if you get your bonus in a different calendar year, it can affect which tax year it counts for. My company pays year-end bonuses in January, so they count for the new tax year, not the year the bonus was earned for. Worth keeping in mind for planning purposes!

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StarSurfer

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This is actually a really important point! My bonus pushed me into a higher tax bracket last year because it came in December. If it had come in January, my tax situation would have been completely different. Timing matters!

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Amina Toure

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Random tip for 1040NR filers that helped me: If you're confused about treaty benefits, there's a free IRS Publication 901 "U.S. Tax Treaties" that breaks down the basics for each country. I found it way more understandable than trying to read the actual treaty text. Also, don't forget that as a non-resident, you might not be eligible for certain tax credits like the standard Earned Income Credit. I made that mistake my first year and had to file an amended return.

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Is Publication 901 updated for 2024 yet? I checked a few weeks ago and they still had the 2023 version online. Also, do you know if non-residents can claim education credits like the American Opportunity Credit? I took some classes last year.

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Amina Toure

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You're right that the official IRS website still has the 2023 version, but they don't typically update Publication 901 every year - only when treaty provisions change significantly. The 2023 version should still be applicable for most countries for your 2024 taxes. For education credits, non-resident aliens generally cannot claim the American Opportunity Credit. However, if you're from certain countries with specific education provisions in their tax treaties (like China, India, or several European countries), you might qualify for different education-related benefits. You'll need to check the specific article in your country's treaty that addresses students or education expenses.

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Does anyone know if we can e-file 1040NR? I tried using FreeTaxUSA but it didn't support non-resident forms, and I really don't want to paper file and wait months for a refund.

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Yes, you can e-file a 1040NR but not with every software. I used OLT.com (OnLine Taxes) last year and was able to e-file my non-resident return. Sprintax also supports e-filing for 1040NR. Most free options don't support it though.

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