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Ask the community...

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Amara Eze

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Don't forget about the Earned Income Credit if your income is within the limits. With two qualifying children and your income level, you might be eligible. The income limits for 2024 are higher than last year. Also, you definitely need to look into the Child Tax Credit. For 2024, it's worth up to $2,000 per qualifying child under 17. Since you had the kids for more nights, you have a strong case to claim this.

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Carmen Ruiz

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Do I still qualify for child tax credits if my income was around $80k total (including the contractor work)? I thought there were phaseouts.

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Amara Eze

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Yes, you should still qualify. The Child Tax Credit begins to phase out at $200,000 for single filers and $400,000 for married filing jointly. With your total income around $80k, you're well below those thresholds, so you should be eligible for the full amount for each qualifying child. The Earned Income Credit has lower income limits, so you'd need to check those specifically based on your filing status and number of qualifying children. But the Child Tax Credit should definitely be available to you based on the income information you've shared.

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Just wanted to add something about the contractor income - make sure you're tracking EVERYTHING for next year. I got audited because of my side gig and it was a nightmare. Get a separate credit card for business expenses, take photos of receipts with your phone, and log your mileage with an app. And definitely make quarterlys next year! The penalty isn't usually huge but why pay extra if you don't have to?

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NeonNomad

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What app do you use for mileage? I've been trying to keep track on a notepad but I always forget.

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I use MileIQ and it's been a lifesaver. It automatically tracks all your drives and then you just swipe right for business or left for personal. Super easy and creates IRS-ready reports. Some people also like Everlance or Stride. Another tip: set calendar reminders for quarterly tax payments (April 15, June 15, September 15, and January 15). The IRS doesn't send reminders and it's easy to forget, especially that weird June one that's only two months after April!

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Something important no one's mentioned yet - have you talked to your grandparents about this? They might not even be planning to claim you as a dependent regardless of whether you qualify or not. My parents technically could have claimed me for one year during college based on the support test, but they chose not to because I got better education tax credits filing independently. Sometimes it makes more financial sense for the student to claim themselves even if they could be claimed by someone else. It's worth having the conversation because if they're not planning to claim you, your decision is easy. But if they are planning to claim you and you don't qualify (or vice versa), you'll want to sort that out before either of you file to avoid problems.

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No, I actually haven't had that conversation with them yet! That's a really good point. To be honest, I've been avoiding bringing it up because money discussions are always awkward in our family. But you're right - they might not even be planning to claim me regardless of whether I qualify. Is there a significant difference in the tax benefits between them claiming me vs. me filing as independent? I'm wondering if there's an obvious financial advantage one way or the other that could guide the conversation.

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There can be significant differences! If you file independently and paid for education expenses, you might qualify for education credits like the American Opportunity Credit (up to $2,500) or the Lifetime Learning Credit. These credits are usually more valuable to a student with lower income than to grandparents who might be in a higher tax bracket. On the other hand, if your grandparents claim you, they might get a dependent tax credit (though this is reduced at certain income levels). The key is figuring out which arrangement saves the most money overall between both tax returns. Sometimes families even split the difference - like if you filing independently saves $2,000 in taxes versus them claiming you, maybe they could give you a portion of that difference since they're losing the dependent benefit.

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Emma Olsen

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I'm seeing a lot of confusion about the definitions here. I went through this with my son recently, so let me clarify some terms: For a Qualifying Child (which would apply to grandchildren too): - Must be under 19, or under 24 if a full-time student - Must live with the taxpayer for more than half the year - Must not provide more than half of their own support - The income test of $4,300 ONLY applies to Qualifying Relatives, NOT Qualifying Children So if you're a full-time student under 24, the $31,000 income doesn't automatically disqualify you! The key test is whether you provide more than half your own support. Calculate ALL your annual expenses (housing value, food, utilities, tuition, books, clothing, medical, transportation, phone, etc.) and figure out how much of that YOU paid versus your grandparents. That's what determines dependency status.

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Wait, are you sure about that? I thought there was definitely an income limit for being claimed as a dependent regardless of whether you're a qualifying child or relative. This is so confusing!

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Emma Olsen

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You're confusing two different tests. There IS an income test, but only for Qualifying Relatives, not for Qualifying Children. A student under 24 can be claimed as a Qualifying Child regardless of their income amount, as long as they don't provide more than half of their own support and meet the other tests. The IRS is very clear about this in Publication 501. The confusion happens because people mix up the rules for Qualifying Children vs. Qualifying Relatives. As a college student under 24, the original poster would be evaluated under the Qualifying Child tests, where there is NO income limit - only the support test matters.

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I think everyone is missing something important here. OP, you said your dad died in 2021 and mom filed MFJ that year, then filed as qualifying widow for 2022 and 2023. That's correct procedure. But to qualify as a surviving spouse (widow), there's a two-year limit after the year your spouse died. So if your dad passed in 2021, she could use qualifying widow status for 2022 and 2023 tax years, but not for 2024 (which would be filed in 2025). Has the IRS specified which tax year they're disputing? If they're challenging her 2022 or 2023 returns, then the student status of your sister is probably the issue as others mentioned. But if they're saying she can't file as qualifying widow for her upcoming 2024 return, that would actually be correct - the two-year period is ending.

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They're disputing her 2023 return (the one we filed earlier this year). And you're right about the timeline - dad passed in 2021, so she filed MFJ for 2021, then qualifying widow for 2022 and 2023. According to what others are saying, it seems the issue is definitely about my sister not being a full-time student.

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Thanks for clarifying! Then yes, it does sound like the issue is about your sister's status as a qualifying child. Since she was over 19 and not a full-time student, she wouldn't meet the qualifying child definition for this purpose, even though she's still a legitimate dependent. The distinction between "qualifying child" and "qualifying relative" dependents trips up a lot of people. For the surviving spouse filing status, you specifically need a qualifying child dependent, not just any dependent.

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Sean Kelly

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Just want to add that your mom should definitely respond to the IRS rather than ignoring the letter. The $6,300 they're asking for might actually be negotiable. If this is her first time having an issue, she might qualify for first-time penalty abatement, which could reduce some of the amount. Also, was your sister enrolled at least half-time in college? There's a difference between "not full-time" and "less than half-time" for various tax purposes. If she was at least half-time, it might be worth mentioning in your response to the IRS.

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Zara Malik

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This is good advice. I work with tax resolution cases, and the IRS will often work with taxpayers who are proactive. Even if the filing status determination is correct, there are options: 1) Payment plans (as mentioned) 2) Penalty abatement (can reduce the bill significantly) 3) In some cases, partial dispute of the assessment Don't just pay the full amount without exploring these options!

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Real estate attorney here. One option not mentioned yet is a living trust with an LLC combination. You can create a living trust and have the trust own the single-member LLC. This can provide asset protection while maintaining the disregarded entity status for tax purposes. The trust can also provide additional estate planning benefits. Just make sure the operating agreement and trust documents are properly aligned.

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That's really interesting - I hadn't considered using a trust. Would this approach still allow us to report everything on Schedule E? And does it matter if we're in a community property state? (We're in Arizona

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Yes, with proper structuring, you could still report the rental income on Schedule E because the single-member LLC would remain a disregarded entity for tax purposes. Arizona being a community property state actually gives you some additional options. In community property states, married couples can sometimes form a single-entity LLC that's treated as a disregarded entity rather than a partnership for federal tax purposes, even with both spouses as members. This is because community property can be viewed as a single economic unit. I'd recommend consulting with a local attorney familiar with Arizona's specific community property laws to explore this option.

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Has anyone considered the costs of maintaining an LLC vs the actual protection it provides? Annual filing fees, registered agent fees, additional tax preparation costs, etc. add up. For one property with decent insurance coverage (umbrella policy), sometimes the LLC costs outweigh benefits. Just something to consider.

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Amina Diop

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You're making an excellent point. We have 2 properties and pay about $800/year in LLC fees plus extra accounting costs. Our CPA actually recommended just getting a $2M umbrella policy instead for our next property since we're in a state with high LLC maintenance fees.

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Amy Fleming

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I had this exact situation in my small manufacturing business. Turned out the majority shareholder had been "loaning" money on paper but never actually transferring funds to the company, then taking out "repayments" with interest! We only caught it when we changed CPAs and the new one refused to sign off on the tax returns without seeing loan documentation. Check your state's business corporation laws - in many states, shareholders have legal rights to inspect ALL financial records, not just the summary books they've shown you. Also look at bank statements going back to when these "loans" supposedly happened to see if the money actually came in.

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Sara Unger

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Did you end up taking legal action? I'm worried this might be headed that way and wondering what the process was like for you. Did you have to hire a forensic accountant?

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Amy Fleming

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We managed to avoid court, thankfully. I hired both my own CPA and an attorney specializing in shareholder disputes. The attorney sent a formal demand letter outlining the specific records we needed to inspect and the potential claims we might bring if denied. That got their attention. We did hire a forensic accountant who reviewed 5 years of bank records and identified over $175,000 in fake "loans" that never actually entered company accounts. Rather than litigation, we negotiated a settlement where the majority shareholder returned the improper payments and we restructured the company with better oversight. The threat of legal action and potential personal liability for the majority shareholder was usually enough motivation to resolve things.

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Alice Pierce

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you should check if ur operating agreement or bylaws say anything about loans to/from shareholders. might be requirements there about approval processes or documentation. in my case the majority owner needed board approval for loans over $10k but had been writing himself checks without any votes.

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Esteban Tate

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This is great advice. When this happened at my company, our bylaws actually prohibited shareholder loans entirely without unanimous consent. Made it real easy to challenge the "repayments" since no vote was ever taken.

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