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Just a practical tip from someone who went through tax court for a similar issue - request your cell phone records from 2021! They show your location data throughout the year and can be powerful evidence that you were in the same location as your children. Also, if you have a co-parenting app or calendar that tracks custody time, get a complete export of that data. Make sure to create a simple calendar visual that clearly shows the days your children were with you - judges appreciate easy-to-understand visuals rather than just stacks of documents. I created a color-coded calendar that made it immediately obvious I had the kids more than 6 months.
That calendar visual idea is brilliant! Did you just use like a regular wall calendar and highlight days, or did you make something digital? I'm not very tech-savvy but could probably figure out a basic spreadsheet if that would look more professional.
I actually did both! I created a digital calendar in Excel where I color-coded days (green for days with me, yellow for days with their mom), and then printed it out. I also made a simple count at the bottom showing the total days for each month and the running total for the year. The judge really appreciated having that visual. Even a hand-colored paper calendar would work fine - the key is making it easy for the judge to see at a glance that you met the six-month requirement. Just make sure you can back up each colored day with some form of evidence. I organized my evidence by month in a binder, so when the judge questioned a particular period, I could immediately turn to that section and show the supporting documentation.
Don't forget about financial evidence! Bank statements showing regular purchases at grocery stores, children's clothing stores, and restaurants near your home can help establish a pattern consistent with having children living with you. Also, get a record of any child support payments you made or received - they help establish the formal custody arrangement. If your children participated in any activities (sports, music lessons, etc.), get attendance records and receipts for those as well. Did you claim your children on your health insurance? Get documentation from your insurance company showing they were covered under your plan in 2021.
This is all good advice but keep in mind the IRS isn't just looking for evidence you SUPPORTED the kids financially - they specifically need proof the kids LIVED with you for more than half the year. I've seen people bring tons of payment receipts but still lose because they couldn't prove physical residency.
Is there any chance your employer qualifies for FMLA? The cutoff is 50 employees within 75 miles, but sometimes small businesses are actually part of larger corporate structures that might push them over the threshold. Also, have you looked into whether your state has any pregnancy accommodation laws? Some states have protections that kick in at lower employee counts than FMLA. Might be worth checking what your state offers specifically.
I'm sure we don't qualify for FMLA - we're truly a small independent business with just 12 employees total. I did check into my state's laws and unfortunately we're in a state with minimal protections beyond the federal requirements. I'm going to look into the temporary disability option that a few people mentioned. I had no idea that might be available to me! And I'm definitely not going to file for unemployment fraudulently. After reading everyone's comments, I can see that's a terrible idea that could come back to haunt both me and my employer.
Your employer might not understand that unemployment agencies often cross-check data with the IRS. When you claim a new dependent (your baby) with a birthdate that matches your "layoff" period, it creates an obvious red flag. I process payroll for a small business and this kind of stuff gets caught more often than people think.
This is so true. My sister works for our state's unemployment department and they absolutely compare birth records with unemployment claims. They also check social media sometimes. Someone at her office caught a claimant posting about their new baby on Facebook during the exact period they claimed to be "laid off" and actively seeking work.
One thing that confused me about Form 8888 for bonds was the registration info. I wasn't sure what to put for the owner names and how to format them. Found out that for bonds, you need to enter the name exactly as you want it to appear on the bond in boxes 5a, 5b, etc. You can do: - Just yourself as sole owner - You with a co-owner (OR between names) - You with a beneficiary (POD between names) If you're buying them as gifts for others, you put their name first, then yours as second name with POD between.
So if I want to buy bonds for my kids, how exactly would I format that? Would it be "Child Name POD My Name" or the other way around?
For buying bonds as gifts for your kids, you would format it as "Child's Name POD Your Name" in the registration box. This makes your child the primary owner with you as the beneficiary who can cash them if needed while they're minors. If your child is very young, this is usually the best approach since they can't manage the bonds themselves yet, but they're still considered the owner. Once they're older, they can cash them with proper ID. Just make sure to include their Social Security Number on the form too.
Does anyone know if there's a limit to how much of your refund you can use for buying bonds with Form 8888? I'm getting back about $5,000 and thinking of putting a good chunk into bonds.
There's a $5,000 annual limit per person for purchasing paper savings bonds. So if your refund is $5,000 and you're the only registrant, you could use the whole thing. If you're buying for multiple people (like kids), each person can have up to $5,000 in bonds purchased for them annually.
Just a practical tip from someone who's been in your shoes - with your income levels and having a child, you might actually get a refund rather than owing money. The Child Tax Credit is currently $2,000 per qualifying child, which can significantly offset your tax liability. Instead of focusing on allowances (which aren't even used anymore), I'd recommend having a small additional amount withheld from each paycheck if you're worried. Even just $20 extra per paycheck between the two of you would give you a nice cushion against owing anything.
So does the Child Tax Credit mean you get $2,000 back regardless of what you owe? Like if I owed $500 in taxes would I still get $1,500 back? I'm confused about how credits work vs. deductions.
The Child Tax Credit reduces your tax liability dollar-for-dollar, up to $2,000 per qualifying child. It's different from a deduction, which only reduces your taxable income. For example, if you would owe $3,000 in taxes without the credit, the Child Tax Credit would reduce that to $1,000. If you would only owe $1,500 in taxes, the credit would reduce your liability to zero, and you'd potentially get some of the remaining credit as a refund (up to $1,400 per child is refundable). The refundable portion means you can receive it even if you don't owe any tax.
Has anyone else noticed that OP mentioned allowances but doesn't realize the W-4 form changed years ago? My company finally updated their system last year and it was so confusing to switch over.
Yeah but some payroll systems and local forms still use allowances terminology. My company's internal system still asks for "allowances" even though they translate it to the new system behind the scenes. Super confusing for everyone.
Ezra Beard
One thing nobody's mentioned yet - if your wife is in construction, she should ABSOLUTELY be tracking any meals she buys when working at job sites far from her usual work area. Construction contractors can deduct 100% of those meals for 2023 (normally it would be 50% but there's a temporary COVID relief provision). Also, if she's buying any small tools under $2,500 each, look into "de minimis safe harbor election" which lets you deduct them immediately instead of depreciating them.
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Statiia Aarssizan
ā¢Wait what? 100% of meals can be deducted? I thought that was only for actual businesses, not independent contractors? And what counts as "far from usual work area"? Like is that a specific mile range?
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Ezra Beard
ā¢Independent contractors ARE businesses - that's the whole point of being a contractor instead of an employee. As long as your wife files a Schedule C, she's operating a business and qualifies for these deductions. For the "far from usual work area" definition, there's no specific mile requirement in the tax code, but the general rule is that it needs to be far enough that it wouldn't be reasonable to return home for meals. Most tax professionals consider anything requiring an overnight stay or sites more than 50 miles from your home base to clearly qualify, but even shorter distances can work if there's a business necessity to remain on-site.
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Reginald Blackwell
Hey one quick question about mileage deduction - my husband is also in construction and we've been tracking his mileage, but does driving from home to the first job site count? And from the last job site back home? Or only between job sites during the day?
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Aria Khan
ā¢I'm not a tax pro but I've been a contractor for 6 years. The drive from home to first job site and last job site to home are considered personal commuting miles and NOT deductible. Only the miles between job sites during the day count as business miles. EXCEPTION: If you have a qualifying home office that serves as your principal place of business, then drives from home to job sites CAN be deductible business miles.
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