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I just want to point out that the OP mentioned getting married in 2024. Just remember that your filing status is determined by your marital status on December 31st of the tax year. So if you get married in 2024, you'll be considered married for the entire 2024 tax year (which you'd file in 2025). That means you wouldn't be eligible for Head of Household status for 2024 regardless of your parent situation, since you can't file HOH if you're married (unless you qualify as "considered unmarried" which has its own requirements). Just something to keep in mind for your planning!
Thanks for pointing that out! I'm getting married in December 2024, so I guess that means for the 2024 tax year (filing in 2025) I'll have to file either married joint or married separate. That definitely changes things. So it sounds like I should focus on whether I can claim my parents as dependents for my 2023 return that I'm about to file now, and possibly file as Head of Household for this year only? Then for next year I'll need to look at the married filing joint rules?
Exactly! For your 2023 return (filing now in 2024), you can potentially claim your parents and file HOH based on the advice others have given. For your 2024 return (filing in 2025), you'll need to file as either Married Filing Jointly or Married Filing Separately since you'll be married on December 31, 2024. You can still potentially claim your parents as dependents on a joint return if you continue providing more than half their support. The dependency rules don't change, but your filing status options do. The good news is that Married Filing Jointly typically gives you better tax rates than HOH anyway, so getting married might actually benefit you tax-wise if your future spouse has lower income or you benefit from combining deductions.
One important thing no one's mentioned yet - if your parents receive Medicaid, SSI, or certain other benefits, being claimed as dependents on your taxes could potentially affect their eligibility or benefit amounts. Some means-tested government programs have specific rules about this. I found this out the hard way when I claimed my grandmother and it caused issues with her benefits. Might be worth checking with your state's Medicaid office or your parents' benefits administrators before making any changes to your tax situation.
One thing nobody's mentioned yet is that different assets have different tax implications for the SELLER too, which is why this allocation gets negotiated. For example, if they allocated more to inventory and equipment, the seller might pay ordinary income tax rates on those. But if more gets allocated to goodwill, the seller might get preferential capital gains treatment. This is why business purchase agreements almost always include a section specifying exactly how the purchase price gets allocated - it affects both sides financially.
So basically there's a built-in conflict because what's good for me tax-wise might be bad for the seller? That explains why they seemed annoyed when I asked for more to be allocated to physical assets. Is there some kind of standard breakdown that's typically used or is it really just a negotiation?
Exactly! It's a natural tension in the deal. You want more allocated to assets you can depreciate quickly (equipment, furniture) while they want more in goodwill or real estate which gets better tax treatment for sellers. There's no standard percentage breakdown that applies to all businesses. It depends on industry type, asset condition, and what's actually being transferred. A manufacturing business might have 60% in equipment while a service business might be 80% goodwill. The key is that the allocation should reasonably reflect actual fair market values - you can't just make up numbers that benefit both parties tax-wise.
Has anyone used a business broker for this? I'm wondering if they help with the purchase price allocation or if that's something that happens after between the accountants?
In my experience, good business brokers will facilitate the discussion about allocation but won't actually determine the final numbers. They might provide ranges based on similar deals they've seen. The actual allocation usually gets hammered out between the buyer's and seller's accountants/tax advisors with input from both parties. It's definitely something you want professional help with rather than just accepting whatever the other side proposes.
Your situation sounds awful, but please know it's actually pretty common after financial abuse in marriage. Based on my experience working with clients in similar situations: 1) File Form 8857 for Innocent Spouse Relief ASAP 2) Also consider filing Form 911 (Taxpayer Advocate Service request) - they can help in hardship situations 3) Gather any evidence showing you were kept in the dark about finances 4) Request your Wage and Income Transcripts from the IRS to see what income was reported under your SSN The IRS actually has special training for dealing with abuse cases. Make sure you clearly document the control aspects of your marriage. The fact that you were a stay-at-home mom with no income and limited financial access strengthens your case substantially.
Thank you so much for this detailed advice. I've never heard of Form 911 - does that require proof of hardship? And what kind of evidence would be most helpful to show I was kept in the dark? I don't have much documentation since I wasn't allowed to see financial records.
Form 911 does require showing hardship, but in your case, the potential tax bill of $247k on a $30k income absolutely qualifies as financial hardship. The Taxpayer Advocate Service is specifically designed to help in situations where the normal IRS processes would create significant difficulty. For evidence, anything that demonstrates the controlling nature of the relationship helps. This could include: statements from family/friends who witnessed the financial control, documentation of separate bank accounts you didn't have access to, emails/texts where you asked for financial information and were denied, or documentation from divorce proceedings that mentions financial control. Even a statement from a therapist (if you've discussed the financial abuse) can be valuable supporting evidence. The IRS doesn't expect extensive documentation in abuse cases - they understand documentation itself was often controlled.
Has anyone mentioned the statute of limitations here? The IRS generally has 10 years to collect tax debt from the assessment date. For the oldest notices (2014), the clock may have started running already, depending on when the tax was assessed. Also, you might qualify for Currently Not Collectible status given your income level compared to the debt. This wouldn't eliminate the debt but would put collections on hold.
The statute of limitations might not apply if returns weren't filed at all. The 10-year collection period doesn't start until a tax is assessed, and if no returns were filed, the assessment may not have happened until recently when the IRS created substitute returns.
You're absolutely right about the unfiled returns issue. If the ex never filed returns, the statute of limitations on collection wouldn't have started until the IRS prepared Substitute for Returns (SFRs) and made assessments based on those. The Currently Not Collectible status would still apply though. With a $30k income and basic living expenses, there's no way the IRS collection standards would show ability to pay on a $247k+ tax debt. This could at least provide immediate relief while pursuing the innocent spouse relief, which is definitely the best long-term solution in this case.
Something nobody's mentioned - what about just keeping physical copies at your bank in a safe deposit box? That's what I've been doing for years. It's secure, protected from fire/flood, and nobody can hack it. Just make sure a trusted family member has access in case something happens to you.
Safe deposit boxes aren't as secure as people think. My parents lost access to theirs when their bank suddenly closed the branch, and it was a nightmare getting their documents. Also, if you die without someone else having official access, the box gets sealed and your executor has to go through legal hoops to access it. Plus you can't quickly access stuff if you need it on evenings or weekends.
I hadn't considered the bank closure scenario - that's a good point. My branch has been open for decades so I guess I just assumed it would always be there. As for access issues, I've made sure my wife is listed as having access rights, so that should prevent problems if something happens to me. The weekend access limitation is real though - there have been a couple times when I needed something and had to wait until Monday. Maybe a hybrid approach would be better, keeping digital copies for immediate access and the physical originals in the safe deposit box.
I work in cybersecurity, and I think people are overly paranoid about cloud storage. Major providers like Google Drive, Dropbox, etc. have excellent security. The bigger risk is your own account security. Use a strong unique password and enable two-factor authentication, and your docs are probably safer in the cloud than in your house. For maximum protection, create an encrypted zip file of your sensitive documents before uploading. 7-Zip lets you do this easily with password protection. This way, even if someone somehow got access to your cloud account, they'd still need to crack your encryption to see the actual documents.
Really appreciate the cybersecurity perspective! I'm not very tech savvy - is creating an encrypted zip file something a regular person can figure out? Or is it complicated? The encryption option sounds perfect if I can manage it.
Caleb Stark
22 We faced this exact problem last year. One thing to consider is that in some states, you can obtain a resale certificate WITHOUT registering for sales tax collection. It's a bit of a gray area, but we were able to get certificates in about 5 states this way by explaining we were below threshold but needed the certificate for our suppliers. It varies by state though. Some states flat-out refused and said we needed to fully register, while others had a simplified registration just for resale certificate purposes.
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Caleb Stark
ā¢1 Which states allowed you to get certificates without registering? That might be exactly what we need. Also, did you have to file any returns in those states even though you were below threshold?
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Caleb Stark
ā¢22 We were able to get certificates without full sales tax registration in Washington, Indiana, and Tennessee by specifically explaining our situation. Colorado and Arizona had simplified registration processes that didn't trigger filing requirements until we hit thresholds. No, we didn't have to file returns in those states as long as we remained under threshold. Just make sure to get written confirmation that no returns are required, as policies can vary and change. Each state required different documentation to prove we were below threshold. Tennessee was particularly accommodating once we explained the Avalara supplier situation.
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Caleb Stark
16 Just be careful about registering in states where you don't need to. Once you're in their system, some states make it VERY difficult to deregister if you later fall below threshold again. We registered in NY during a sales spike, then our sales dropped below threshold, but they still required us to file zero returns for 3 years before allowing us to deregister. Also, most states have a minimum time period you need to stay registered (often 1-2 years) even if you no longer have nexus. It's a huge administrative headache you don't want unless absolutely necessary.
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Caleb Stark
ā¢23 This is so true! We're still filing zero returns in Illinois and Michigan two years after our sales dropped below threshold. The deregistration process is ridiculous - multiple forms, letters explaining why, and constant follow-ups. Not worth registering unless you're consistently above threshold.
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