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Something nobody's mentioned yet - make sure you and your ex are clear about other tax benefits beyond just the Child Tax Credit! When my ex and I were splitting this up, we didn't realize that whoever claims the child also gets: - Head of Household filing status (better tax rates) - Child and Dependent Care Credit (if you pay for daycare) - Education credits if they're in college or private school We ended up having to redo our agreement because our youngest has daycare expenses that made it WAY better for me to claim him even though my ex claimed our older child.
Wait, does claiming the kid automatically make you Head of Household? I thought you had to have the child living with you for more than half the year for that? How does that work with 50/50 custody?
You're absolutely right to question that - I oversimplified. For Head of Household status, you need to have the child in your home for more than half the year AND provide more than half of the household's financial support. In true 50/50 situations, only one parent will qualify, and it's not automatically tied to who claims the Child Tax Credit. This is actually why it's so important to understand all the different tax benefits - they don't all follow the same rules. For example, the parent who has the child more nights during the year (even by just one night) might qualify for Head of Household, while the other parent might still be able to claim the Child Tax Credit with a signed Form 8332.
Has anyone actually done the alternating years approach? My ex and I just finalized our divorce and we have twins. We're thinking I'll take both kids in odd years, he takes both in even years. We both make roughly the same income so it seems simplest. Do we need to fill out those 8332 forms every single year or can we do one that covers multiple years?
My ex and I do exactly this with our kids. You can actually fill out Form 8332 to cover multiple future years. We did one form for a 10-year period specifying which years each of us would claim the kids. Just be super clear about which tax years you're releasing the claims for. Also make a copy for yourself - my ex lost his copy one year and it was a whole thing.
Have your client look into the First Time Penalty Abatement program! If they haven't had any penalties in the previous 3 years, they might qualify to have the failure-to-file and failure-to-pay penalties removed for one tax year. This won't help with the actual tax or interest, but the penalties can add up to 25% of the original tax amount, so it's worth exploring. Typically, the IRS applies it to the earliest tax year that qualifies. Also, make sure they stay compliant going forward. Getting on a payment plan means they need to file and pay all future taxes on time, or the payment agreement will default.
Does First Time Penalty Abatement work if you have multiple years unfiled? I thought it was only for a single mistake, not years of non-compliance.
First Time Penalty Abatement only applies to one tax year, but even with multiple years unfiled, they can still qualify if they didn't have any penalties in the three years before the earliest unfiled year. So if 2021 is their earliest unfiled year, they'd need a clean compliance history for 2018-2020. You're right that it's designed for isolated mistakes rather than patterns of non-compliance, but the IRS often still grants it for the first year in a multi-year situation. The remaining years wouldn't qualify for first-time abatement, but might qualify under other reasonable cause arguments depending on the circumstances.
Make sure to warn your client that they'll need to stay SUPER on top of their estimated tax payments going forward! The IRS is much less forgiving with payment plans if you keep adding new tax debt on top of the old. I recommend having them set up a separate savings account just for taxes and automatically transfer 30% of each payment they receive. This was a game-changer for me after getting caught in a similar situation.
Don't forget that having a baby will change your tax situation significantly! With your income levels, you'll qualify for the Child Tax Credit which is worth up to $2,000 per child. Make sure you account for this when adjusting your W-4. You can claim this credit directly on your W-4 in Step 3. Since you're having the baby this year, you'll get the full credit for 2025 taxes. This will effectively reduce the amount you need to withhold. Also, check if your employers offer Dependent Care FSAs - you can put up to $5,000 pre-tax toward childcare expenses, which could save you an additional $1,100+ in taxes depending on your bracket.
Thank you for mentioning this! With the baby coming next month, I completely forgot to factor in how that would affect our taxes next year. Would you recommend we split the $2,000 child tax credit between both our W-4 forms or put the full amount on just one of our forms? Also, do you know if we qualify for the child care tax credit as well as the dependent care FSA? Or can we only use one of those options?
You can put the full $2,000 on just one W-4 form, or split it between both - the end result will be the same. Just make sure you don't claim it on both forms (which would incorrectly double-count the credit). Regarding the child care tax credit vs. dependent care FSA: You can potentially use both, but there's an important limitation. The expenses you pay through the FSA cannot also be used for the child care credit - no "double dipping." Usually, with your income level, the FSA is more beneficial because it reduces your taxable income directly. The child care credit percentage is reduced at higher income levels, making the FSA more valuable for most dual-income professional couples.
I think everyone is missing an important point - the OP and spouse have similar incomes around $130k each, so their combined income is pushing $260k. At that level, they're getting hit with higher marginal tax rates that the W-4 calculator doesn't always handle well for dual-income couples. Another factor to consider is whether you're maxing out your 401k contributions. If not, increasing those contributions would reduce your taxable income and potentially lower your tax bill significantly. At your income level, each of you could contribute up to $23,000 (2024 limit), potentially saving thousands in taxes while building retirement savings.
This is spot on. My wife and I have almost identical incomes to the OP, and increasing our 401k contributions made a huge difference. We each increased from 10% to 15% contributions and it dropped our tax bill by almost $3,000. Plus that money is growing tax-deferred instead of going to the IRS. Also worth noting that at their income level, they might be close to the phase-out range for some tax benefits once the baby arrives, so tax planning becomes even more important.
Just a tip - if you filed with TurboTax, log into your account and check if they have a refund tracker tool. Mine gave me a more specific estimate than the IRS site did. Also, if you're getting a sizable refund, you might want to adjust your withholding for this year so you're not giving the government an interest-free loan of your money. I changed mine after last year and now get more in each paycheck instead of a big refund.
Thanks for the tip about the TurboTax tracker! Just checked and it does show a more specific estimate than the IRS site - says my refund should arrive by this Friday. That's a good point about withholding too. I've actually been thinking about adjusting mine. Do you just fill out a new W-4 with your employer to change it? Was it complicated to figure out the right amount?
Yes, you just need to submit a new W-4 to your employer. It's not too complicated - the form has a worksheet that helps you calculate the right amount. You can also use the IRS's Tax Withholding Estimator online which is pretty user-friendly. The key is to think about your tax situation for the whole year - any major life changes, additional income sources, etc. I found that even with my adjustments, I still got a small refund this year (about $500) which I prefer to potentially owing money. It's kind of a balancing act.
Just FYI - if you filed with a lot of credits and deductions, especially EITC or the Child Tax Credit, your refund could take longer even if it was "accepted." Acceptance just means the IRS received your return, not that they've processed everything. My sister's return took almost 6 weeks last year because of EITC verification.
Kiara Fisherman
Have you checked if maybe the letter is about self-employment taxes you didn't pay? When I first did delivery driving, I had no idea I was supposed to pay self-employment tax in addition to income tax. My tax preparer missed it too and I ended up with a huge bill years later. If this is the issue, you might be able to request an abatement of some penalties if you can show reasonable cause (like relying on a professional who gave you bad advice). But unfortunately, you'll probably still owe the base tax amount plus interest. Also, did you keep records of your mileage and other business expenses from that year? If not, you might be getting taxed on your gross income rather than your net profit.
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Hunter Brighton
ā¢Omg I think that's actually what happened. Looking at the letter more carefully, it mentions something about "self-employment tax assessment" and Form SE. The tax place definitely never mentioned anything about that - they just asked for my 1099 and did the return. I definitely don't have mileage records from 7 years ago. I was just a clueless college kid taking delivery orders. Do you think the tax advocate will still be able to help even if I technically do owe this money? The amount they're asking for is seriously impossible for me to pay.
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Kiara Fisherman
ā¢The Tax Advocate Service can absolutely still help even if you legitimately owe the money. They can help you: 1) Verify that the assessment is actually correct and made within the proper timeframe. Just because you might owe self-employment tax doesn't mean their calculation is correct. 2) Set up a payment plan with terms you can actually manage. If the amount is truly beyond your ability to pay, they might even be able to help with an Offer in Compromise to settle for less than the full amount. The most important thing is to respond and work with the IRS rather than ignoring the notice. The penalties and interest will continue to grow, and eventually, they can take more serious collection actions. The fact that you relied on a professional tax preparer who failed to properly address your self-employment tax obligations might help with penalty abatement, which could significantly reduce what you owe.
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Liam Cortez
Just a heads up, if this issue is about unreported 1099 income, it could fall under the 6-year statute of limitations instead of the standard 3 years. The IRS can go back 6 years if you omitted more than 25% of your gross income. You mentioned it was your first year as a delivery driver - did your tax preparer include a Schedule C for your self-employment income? And did they include a Schedule SE to calculate self-employment tax (the 15.3% tax that covers Social Security and Medicare for self-employed people)? If they missed the Schedule SE completely, that would explain why you got a refund back then but are facing a bill now. The IRS computer systems eventually cross-reference 1099 forms with tax returns and flag these kinds of mismatches.
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Savannah Vin
ā¢This is exactly what happened to my brother. His tax preparer included the 1099 income on his return but completely missed the Schedule SE. Four years later, he got hit with a huge bill for the self-employment taxes plus penalties and interest. He ended up having to set up a payment plan for like $80/month for years. The IRS was actually pretty reasonable about the payment terms once he got through to someone.
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