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One thing nobody's mentioned yet that's super important: You need to make sure you're paying yourself a reasonable wage SEPARATE from the medical reimbursements! I tried setting up a Section 105 HRA with my husband's construction business last year and got audited. The IRS disallowed ALL our medical deductions because I was only "paid" through medical reimbursements with no separate actual wages. Make sure you're getting regular paychecks that reflect market value for your administrative work, withholding proper taxes, and filing quarterly employment forms. The medical reimbursements should be completely separate from your normal compensation. Also, document EVERYTHING. Keep a detailed timesheet of hours worked, specific tasks performed, and make sure your job duties are clearly defined in a written employment agreement.
How much did you end up having to pay in back taxes and penalties when they disallowed your arrangement? I'm worried about setting this up wrong and facing a similar situation.
We had to pay back about $5,400 in taxes that we thought we had saved, plus another $1,100 in penalties and interest. The worst part was having to amend two years of returns and losing all those medical deductions we thought we had legitimately claimed. The IRS agent specifically told us our arrangement failed because: 1) I had no regular wages separate from medical reimbursements, 2) We couldn't provide documentation of actual work performed, and 3) We didn't have formal plan documents in place before starting reimbursements. They viewed the whole thing as just a tax avoidance scheme rather than a legitimate employment arrangement. If you set it up correctly from the beginning with proper documentation and treat it like a real employment relationship (regular wages, taxes withheld, formal plan documents), you should be fine. But definitely don't try to cut corners!
One question - does anyone know if I can do this retroactively? My wife has been helping with my plumbing business all year, but we haven't formally documented her as an employee. Could we create the employment agreement and Section 105 plan now in December and still claim the medical expenses for the whole year?
Definitely not! The plan has to be formally established BEFORE any expenses can be reimbursed. If you try to backdate documents, that's a huge red flag for the IRS. You could set it up now for future expenses, but anything before the plan's official establishment date wouldn't qualify.
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Let me add something important here - when the IRS confirms you have a refund but you haven't received it, there's also a time limit to claim it! You generally have 3 years from the original due date of the return to claim a refund. For a 2020 tax refund, that would mean you have until April 15, 2024 to resolve this. After that, you're generally out of luck and the money goes back to the Treasury. So don't wait too long thinking you'll be able to resolve this whenever - there's actually a deadline!
Thanks for pointing this out! I had no idea there was a time limit. Does the clock start from when they sent the letter confirming my refund, or from the original tax filing deadline?
The clock starts from the original tax filing deadline for that year, not from when they sent you the letter. For 2020 taxes, the original filing deadline was May 17, 2021 (it was extended from the usual April 15 due to COVID). So you'd have until May 17, 2024 to claim your refund. After that deadline passes, unclaimed refunds become the property of the U.S. Treasury and you can no longer get your money back. That's why it's important to address this sooner rather than later.
One thing nobody has mentioned - check if your refund was applied to any past due tax debts! This happened to me. I was expecting a refund check but never got it. After FINALLY reaching someone at the IRS, I found out they had applied my refund to an outstanding tax debt from a previous year. They should have sent you a notice if this happened, but sometimes these notices get lost in the mail too. Just something to consider before going through the whole trace process.
Exactly what happened to me too! I was waiting for a $1,500 refund that never came, then found out they used it to pay off an old student loan debt I had defaulted on years ago. They can offset your refund for federal debts, child support, state income tax, etc.
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Not to confuse things more, but wanted to add that Form 8812 changed significantly for this tax year. The old version was pretty simple, but the new one has multiple parts and worksheets. If you're filing by hand (which I don't recommend with the CTC advanced payments), make sure you're using the current version. H&R Block software should handle this automatically, but sometimes it helps to know where to look. In H&R Block, after entering your dependent info, there should be a section about "Child Tax Credit" or "Credits for Children and Dependents" where you can verify the advanced payments are properly accounted for.
Thank you for this information! I found the section in H&R Block you mentioned and it did ask for the advanced payment amount. Once I entered the total from my bank statements (around $1,800), it adjusted my refund calculation and everything made more sense. It does actually do the Form 8812 automatically. I also realized I was comparing to years when my child was younger and I qualified for additional credits. Getting half the child tax credit in advance definitely explains the difference in my refund amount.
Has anyone else noticed that their tax software doesn't calculate Schedule 8812 correctly this year? I tried both TurboTax and FreeTaxUSA and got different results for the same information.
I used H&R Block and it seemed to handle it fine. Make sure you're entering the EXACT amount of advance payments you received. If you put in even a slightly wrong number it can mess up the calculations. I had to go through my bank statements and add up all the deposits to get it right.
Thanks for the suggestion. I double-checked my bank statements and realized I was off by about $300 in what I thought I received. After correcting the amount, both software packages gave me the same result. You're right that even small differences can affect the calculation.
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9 Has anyone mentioned quarterly estimated taxes yet? If your husband is making $58k on 1099, you ABSOLUTELY need to be making quarterly payments! I learned this the hard way and ended up owing $12k + penalties my first year on 1099. The IRS wants you to pay as you earn throughout the year. You can use Form 1040-ES to calculate and pay.
20 Agreed! But what's the bare minimum percentage you should set aside from each check to cover taxes? I've heard everything from 20% to 40% and I'm confused.
18 Don't forget to look into the Earned Income Tax Credit! With two kids and if your income is under certain thresholds, you could qualify for a significant refundable credit. This means you could get money back even if you don't owe any taxes. The income limits change each year, but it's definitely worth checking if you qualify!
Keisha Williams
One thing nobody mentioned - your bonus will also have Social Security (6.2%) and Medicare (1.45%) taxes withheld, plus any state income tax. So the total withholding will be higher than just the 22% federal. Just so you're not surprised when you see the actual amount!
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Sofia Perez
•Omg thank you for mentioning this! I totally forgot about those other taxes. Do you know if there's a way to calculate exactly what I'll take home after ALL the withholding? I'm trying to plan what I can spend from this bonus.
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Keisha Williams
•You can use an online paycheck calculator like the one on ADP or Paycheckcity. Just enter your bonus as a separate supplemental payment, add your state, and it will calculate all the withholdings including federal, state, Social Security, and Medicare. Most employers will withhold around 30-35% total when you factor in everything, but it varies by state. If you're in a state with no income tax like Texas or Florida, it will be less than if you're in a high-tax state like California or New York.
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Paolo Rizzo
Friendly reminder that you might want to consider putting some of that bonus directly into your 401k if your plan allows it! It can reduce your taxable income for the year. I did this with my bonus last year and saved a bunch on taxes!
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Amina Sy
•This is the way! If your 401k is already set up as a percentage of your pay, the contribution should happen automatically with your bonus too. Just check with HR to confirm.
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