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Just to add one more data point - I was in this exact situation (NRA spouse, living apart, MFS, with dependents). I used TaxAct and it worked perfectly for me. When you get to the filing status part, select MFS but then it should ask if you lived apart from your spouse for the last 6 months of the year. Make sure you select "yes" to that question. Same with the dependent questions - be sure to indicate that the child lived with you more than half the year. The software was smart enough to then apply the EITC rules correctly. I got audited one year and had documentation of my spouse living abroad (his foreign tax returns, rental agreement, utility bills in his name, etc.) and it was approved without issue.
Thank you so much for this specific advice! When you got audited, did they specifically ask for documentation proving the separation, or was it more about proving your dependent status? I'm trying to figure out what paperwork I should be gathering now just in case.
They asked for both! They wanted proof that my dependent lived with me (school records, medical records, etc.), AND they wanted evidence that my spouse and I were truly living separately for the last 6 months of the year. For the separation evidence, I provided my spouse's foreign tax returns showing he paid taxes in another country, his rental agreement overseas dated before July, utility bills in his name at the foreign address, and employment records showing he worked abroad. I also had some flight information showing when he left the US. The more documentation you can gather, the better!
I know everyone's talking about software, but has anyone considered just going to a tax professional for this? I had a similar situation with an NRA spouse and EITC questions, and I went to a local enrolled agent who specialized in international tax situations. Cost me about $250 but they knew exactly how to handle it, got me maximum credits, and provided a letter to include with my return explaining the EITC exception. Well worth the money for peace of mind, especially if you're worried about potential audits.
I second this! I tried doing it myself with software for two years and missed out on credits I could have claimed. A professional who knows international situations is worth every penny. Plus, when the IRS sent me a letter questioning my EITC claim, my tax pro handled the response for free as part of their service.
Is there a specific certification or credential I should look for when finding someone who specializes in these international situations? There are so many "tax preparers" out there and I don't want to end up with someone who just knows the basics.
5 Just to add another perspective - I'm a small salon owner, and sometimes there are legitimate reasons for 1099 discrepancies, though $4,800 seems excessive. Sometimes business owners count credit card processing fees or booth rental against contractor payments. This isn't correct practice, but it happens. I would recommend your brother check his payment records carefully - does he have receipts for every payment? Bank deposits? Cash app records? Having solid documentation is crucial regardless of whether the salon corrects the form or not.
22 Do credit card fees really add up to that much though? And even if they do, isn't it illegal to deduct those from reported contractor payments? I thought the 1099 was supposed to show the gross amount paid.
5 Credit card fees typically run 2-3%, so no, they wouldn't account for a $4,800 discrepancy unless your brother earned well over $150,000 from this one shop. You're absolutely right that the 1099-NEC should show the gross amount paid to the contractor before any fees. What sometimes happens (incorrectly) is that salon owners might deduct booth rental fees or product charges before calculating the 1099 amount. This is incorrect - those should be handled separately, and the 1099 should reflect the total payments made to the contractor.
18 Make sure your brother keeps immaculate records going forward! I'm a barber too and I use a simple spreadsheet where I record EVERY transaction, including tips. I also take pictures of daily receipts and keep all payment app notifications. This has saved me twice when dealing with incorrect 1099s. Remember that even if the barbershop doesn't fix their mistake, your brother is legally obligated to report his full income. The last thing he wants is an audit where he can't substantiate his actual earnings!
1 Thank you all for the advice! I'm showing my brother this thread tonight. He does keep pretty good records with a booking app that tracks all his appointments and payments, plus he has his bank statements showing deposits. I think we'll start with a formal written request for a corrected 1099-NEC, and if that doesn't work, he'll report the full income anyway and keep all his documentation ready. And maybe check out some of these services you've all recommended to make sure he's handling everything correctly!
One thing to watch out for - if your MBA would qualify you for a new trade or business (like switching careers completely), the IRS might disallow the deduction. I tried to deduct my MBA when I was transitioning from property management to investment banking and got audited. Make sure your education is improving skills for your CURRENT business, not preparing you for something new.
Thanks for that warning. My goal isn't to change careers - I'm planning to expand my real estate portfolio and possibly move into commercial properties in the future. Would that still count as my "current" business or would the IRS see commercial real estate as a new trade?
Expanding from residential to commercial real estate would generally still be considered the same trade or business since you're still in property management and real estate investment. The IRS would likely view this as a natural progression within your current business rather than entering a new field entirely. Going from real estate into something completely different like investment banking (as in my case) is what triggers the "new trade or business" limitation. Just make sure you document your intention to expand within real estate rather than presenting it as preparation for a career change.
Has anyone used TurboTax to claim education expenses for rental property? I'm trying to figure out where to enter this and it's not obvious. The education expense section seems focused on student tax credits not business deductions.
In TurboTax, you'd enter it under the Schedule E section for your rental property. When you get to the expenses part for each property, there's an "Other Expenses" category where you can add custom expense items. That's where I put my real estate continuing education costs last year.
Not sure if anyone mentioned this, but you should also ask your employer if they can issue a corrected W-2. If they acknowledge it was their payroll system error, they might be willing to handle the employer portion of the taxes that should have been withheld. Had a similar issue at my last job and the company actually covered about 40% of what I owed since it was their mistake.
Wait, can employers actually do that? I assumed once the year was over, all the tax stuff was set in stone. Can they really go back and fix withholding errors after the fact?
They can't change the actual withholding after the year ends, but there are a couple of options. First, they can issue a corrected W-2 if there were actual errors in reporting. More practically though, some employers will provide compensation to cover tax liabilities resulting from their payroll errors - basically paying you an additional amount to offset some of your tax burden. This isn't required by law, but many companies have policies for this since payroll errors can cause significant financial hardship for employees. It's worth having a conversation with both HR and payroll about their error resolution policies. Document everything, be polite but firm that this was their error, and ask what they can do to help make it right.
Something similar happened to me last year. Make sure when you file that you check if you qualify for the "Estimated Tax Penalty" waiver - Form 2210. There's a special waiver if your withholding was done correctly in the beginning of the year but then stopped. You'll still owe the taxes but might get the underpayment penalty waived.
Miguel Harvey
I work part time in a university financial aid office and students ask us this question all the time. Here's the deal: the Lifetime Learning Credit allows for "qualified tuition and related expenses." Related expenses include fees and course materials required for enrollment. These online platforms (WileyPlus, McGraw Hill Connect, etc.) have essentially replaced traditional textbooks in many courses. Since they're required to complete coursework, they qualify as related expenses for the LLC. Just make sure you keep documentation showing they were required - save your course syllabi that specify these materials are needed, along with payment receipts. The university doesn't report these separate purchases on your 1098-T, so the burden of proof is on you if you get audited.
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Ashley Simian
ā¢How do you document that something was "required" though? My prof just tells us verbally we need the McGraw Hill access code but it isn't mentioned anywhere in writing. Does that count?
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Miguel Harvey
ā¢You should email your professor asking them to confirm in writing that the McGraw Hill access is required for the course. A simple email response will work as documentation. Alternatively, check if your course has a syllabus or course website that mentions the requirement - you can take a screenshot or save that as a PDF. If there's absolutely nothing in writing, you might ask the professor to update the syllabus or send a class-wide email confirming these materials are required. The key is having some form of documentation beyond just a verbal instruction. Remember, the IRS wants to see proof that these weren't optional purchases but necessary for your coursework.
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Oliver Cheng
just an fyi i claimed all my online homework subscriptions last year for the lifetime learning credit and got no issues from the irs. added up to like $750 for all my classes and got back about $150 extra on my refund (20% credit). definitely worth doing if u have the receipts. make sure u keep the emails or syllabus that shows these things were required tho. my friend got audited for something else and they asked for proof for everything he claimed.
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Taylor To
ā¢Did you have to mail in any documentation or just enter the extra amount somewhere on your tax form? I've never claimed education credits before.
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Oliver Cheng
ā¢u just enter the total qualified expenses on form 8863 for education credits. no need to mail receipts or anything, but keep all that stuff in case ur ever asked for it. i used turbotax and it walked me thru it - there's a specific section for education credits where u put in all the expenses. super easy. just add up all ur tuition plus the required subscriptions and enter the total.
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