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Has anyone successfully claimed the Child and Dependent Care Credit when sharing expenses for multiple children but only claiming one as a dependent? My ex claims 2 kids and I claim 1, but we each pay 50% of ALL childcare costs for all 3 kids. Seems like I'm losing money by only being able to claim expenses for one child even though I'm paying for half of all three!
This is actually addressed in IRS Publication 503. If you're divorced and sharing expenses, you can only claim expenses for qualifying persons (dependents). So if you're claiming 1 child and your ex is claiming 2, you can only claim the expenses you paid for your 1 dependent child.
Thanks for pointing me to Publication 503. I just looked it up and you're right - it clearly states I can only claim expenses for qualifying persons. Feels frustrating to be paying for childcare that I can't get any tax benefit for, but at least I know the correct way to file now.
Don't forget to look into your state's tax rules too! My state offers an additional child and dependent care credit on top of the federal one, and interestingly, they have slightly different rules for divorced parents. I was able to claim more on my state return than on my federal return. Might be worth checking if your state has something similar!
Just wanted to share my experience - I was in a similar situation with unfiled 2017 taxes. When I finally filed, I actually got a REFUND because I had overpaid through withholding, and the IRS doesn't penalize for late filing if they owe YOU money. Might not be your situation since you said you owed, but it's worth checking. Also, the IRS offers something called "First Time Penalty Abatement" that might help reduce some of the penalties if you've had a good compliance history before this. It won't help with the interest, but it could knock off some of the failure-to-file and failure-to-pay penalties.
How do you apply for that First Time Penalty Abatement thing? Is it automatic or do you have to specifically request it? And what counts as "good compliance history"?
You need to specifically request First Time Penalty Abatement - it's not automatic. You can do this after you file the late return and receive a bill. Call the IRS using the number on your bill and specifically ask for "First Time Penalty Abatement" for your 2019 taxes. For "good compliance history," the IRS generally looks for no penalties in the prior three years and that you've filed all required returns and paid (or arranged to pay) any tax due. So if you didn't have issues with 2016, 2017, and 2018 taxes, you might qualify. Even if you're not sure you qualify, it's worth asking - the worst they can say is no.
Just curious - has the IRS contacted you at all about the unfiled taxes in these 4+ years? I'm surprised they haven't sent notices or letters.
I'm not OP, but I had a similar situation with unfiled 2018 taxes, and the IRS didn't contact me until almost 3 years later. With COVID, they got super backlogged. When they finally did reach out, the penalties had piled up like crazy.
Just a heads up from someone who just went through this process - the MAGI comparison (using either current or prior year) has been a feature of several tax credits for years and always updates annually. I used to claim the Retirement Savings Contribution Credit which has the same option. One thing to keep in mind: when you're planning for an EV purchase, remember that it's not just about the MAGI table updating. The actual income limits for the EV credit ($300k MFJ, $150k single) are fixed until 2032. So even though the years referenced in the MAGI table will update, those threshold amounts won't change for almost a decade.
Do you know if leasing an EV works differently for the credit? I heard something about dealers being able to claim the credit on leases even if the consumer's income is too high for the MAGI limits. Is that true or just a rumor?
Leasing absolutely works differently! When you lease, the credit actually goes to the leasing company (technically they own the vehicle), not to you as the consumer. Many dealers will pass the savings on to you through reduced lease payments, but they don't have to. The big advantage is that the MAGI limits don't apply to leases since you're not claiming the credit personally. The leasing company claims it as a business, and they can pass along those savings regardless of your income. This has become a popular workaround for higher-income folks who exceed the income limits.
I just realized something that might be confusing people about Form 8936. There are actually TWO different credits now - the Clean Vehicle Credit (Section 30D) and the Previously-Owned Clean Vehicle Credit (Section 25E). They have different forms, different rules, and different MAGI limits. For new vehicles (Section 30D using Form 8936), the MAGI limits are $300k MFJ/$150k Single. For used vehicles (Section 25E using Form 8936), the MAGI limits are $150k MFJ/$75k Single. But both should use the rolling "current year or prior year" MAGI comparison table when calculating eligibility!
Thanks for pointing this out! That's probably why I was getting confused. I was looking at info for the used EV credit but trying to apply it to a new purchase. The instructions aren't super clear that these are separate things with different forms.
Is anyone else using TaxSlayer for their business? I can't seem to find where to file the extension in their system and their customer service wait time is over an hour right now.
I used TaxSlayer for my S-Corp last year. In the business version, look under the "Filing" menu and there should be an option for "Extensions" or "File Extension." It's not super obvious, but it's definitely there. If you can't find it, try going through the process as if you're going to file your return, and there should be an option somewhere that says something like "I'm not ready to file" which takes you to the extension option.
Don't forget state extensions too! Depending on your state, you might need to file a separate extension for state taxes. Some states automatically grant extensions if you get a federal one, but others require their own filing. Got burned by this in California last year with my business.
Oh man, I didn't even think about state extensions! I'm in Texas so I think I'm ok on state income tax, but I'll double check about franchise tax requirements. Thanks for bringing this up - these small details are exactly what I was worried about missing.
Debra Bai
As someone who's been freelancing for years, my advice is to use tax software like FreeTaxUSA or TaxSlayer for your first year since they're cheaper than TurboTax but still walk you through the self-employment sections. With only $2700 in income, you qualify for free filing through several services. Make sure you track EVERYTHING going forward - I use a simple spreadsheet with income, expenses, and mileage. For 2024, gather whatever receipts you can find and estimate the rest as reasonably as possible. The IRS is generally more understanding with first-time filers who make honest attempts to comply.
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Genevieve Cavalier
โขDo the free versions of those tax programs actually include self-employment forms? I tried using one of the big free tax sites last year for my regular job and it kept trying to upsell me for everything.
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Debra Bai
โขYou're right to be cautious. Many "free" tax sites do try to upsell, especially for self-employment forms. FreeTaxUSA includes Schedule C in their free version, but you pay about $15 for state filing. TaxSlayer's free version covers simple returns but charges for self-employment - their "Classic" tier ($29.95 last I checked) includes all self-employment forms. The IRS Free File program is also worth checking - if your income is under a certain threshold (usually around $73,000), you can access truly free filing options including self-employment forms. The key is to access these through the IRS Free File portal rather than going directly to the company websites.
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Gabriel Freeman
Don't forget about the Qualified Business Income deduction! As a self-employed person you can deduct 20% of your net business income right off the top. It's on Form 8995 and it's super easy to miss if you're new to this. With your income level you probably won't owe much federal income tax after standard deduction, but the self-employment tax (15.3%) still applies to profits over $400.
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Laura Lopez
โขI think we're overcomplicating things for someone who made $2,700. At that income level after taking the standard deduction, they'll likely only owe the self-employment tax portion. That's about $381 in SE tax (15.3% of $2,500 assuming minimal expenses).
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