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Something no one has mentioned yet - make sure your husband keeps better records of his income and expenses going forward! My husband was in a similar situation with odd jobs, and when we got audited (for an unrelated issue), the IRS wanted documentation for every penny of his side work. Start keeping a simple log of each job, who paid him, how much, and any expenses related to the work (gas, tools, supplies). Take photos of receipts with your phone. This will make tax time SO much easier and protect you if questions ever come up.
That's really good advice! What kind of documentation would be acceptable for cash jobs? Most of his work is for neighbors who just pay cash, no invoices or anything formal.
For cash jobs, create your own simple invoice system - even a notebook where you write down the date, customer name, service provided, and amount paid is better than nothing. Some people use apps like Square or PayPal for small jobs which automatically creates a record. The key thing the IRS wants to see is consistency and reasonableness. If you can show a regular pattern of work and income that matches the lifestyle you report on your taxes, that goes a long way. For expenses, keep ALL receipts for anything related to the work. Home improvement stores, gas, work clothes, tool repairs - these can all potentially be deductible depending on how they're used. Just make a note on each receipt what job it was for.
Has anyone calculated how much self-employment tax would be on $4,000 of income? I'm in a similar boat and trying to figure out if it's even worth reporting such a small amount.
Self-employment tax is currently 15.3% of net earnings (12.4% Social Security + 2.9% Medicare). On $4,000 of net income, that would be about $612 in self-employment tax. However, you can deduct half of that on your 1040, which slightly reduces your income tax. But remember, you'll likely have deductible expenses that reduce your net income. If your husband spent money on tools, supplies, transportation to jobs, etc., those costs can lower the taxable amount significantly. Sometimes with proper expense tracking, the taxable income might be much lower than the gross income.
Something to consider that no one has mentioned yet - if your wife is earning babysitting income in her country of residence, she might also have tax obligations there! I learned this the hard way when my wife was teaching English in Japan. Just because she's a US citizen doesn't mean she's exempt from local tax laws where she physically works. You'll need to look into the tax treaty between the US and her country to understand how to avoid double taxation.
That's a really good point that I hadn't even considered! She's currently living in Australia and I have no idea what their rules are for small self-employment income like babysitting. Would we need to file tax returns in both countries then? And how does that work with the tax treaty stuff?
Australia definitely taxes residents on worldwide income, so yes, she likely needs to file there too. The good news is that the US and Australia have a comprehensive tax treaty. If she pays taxes in Australia, you can generally claim a Foreign Tax Credit on your US return using Form 1116 to offset US taxes on that same income. This helps prevent double taxation. Australia has a tax-free threshold of about 18,200 AUD, so if she's making less than that from babysitting, she might not owe Australian taxes anyway.
One more thing to think about - if your wife has any foreign bank accounts and you're filing jointly, you both need to report ALL foreign accounts on the FBAR form, even if they're only in her name. The threshold is $10k combined across all accounts at any point during the year. And just fyi, the penalties for not filing FBAR when required are CRAZY high, even for innocent mistakes. Like potentially $10k per violation.
Something nobody's mentioned - if you do rent below market rate to a family member, you should still report all the rental income on Schedule E, but you might be limited in the losses you can claim. If you charge Fair Market Rent, you can potentially deduct losses against your other income (subject to passive activity loss rules). If you don't charge Fair Market Rent, your deductions might be limited to the amount of rental income you received - meaning you can't claim a loss. It's in Publication 527, but it's kind of buried in there. Worth considering if you're planning to claim a loss.
Is that always true though? I thought there were exceptions based on how many days you rent it and personal use days? The whole 14-day rule and all that?
Has anyone considered just charging full market rate to the family member, then gifting some money back separately? Like if market rate is $1500, charge them that, then gift $300 back each month? Wouldn't that avoid all these fair market rent issues?
That approach could potentially create even bigger problems. The IRS looks at the substance of transactions, not just the form. If they determine the arrangement is actually a disguised below-market rental, they could disallow your rental expense deductions AND potentially treat the "gifts" as taxable rental income that you failed to report. Additionally, regular monthly gifts that coincide exactly with rent payments would look suspiciously like a tax avoidance scheme. It would be hard to argue these are genuine gifts rather than just a way to circumvent the Fair Market Rent rules. I'd strongly advise against this approach.
One way to decide: calculate what your time is worth. If you make $40/hr at your job, and you're spending 10+ hours figuring out complicated tax situations, that's $400 of your time. A decent tax pro might charge $350-500 for your return with the complexity you described. So financially it can actually make sense.
That's a really good point I hadn't considered. I probably spent 15 hours last year just on my taxes, and that was before all these complications. Do you know if tax preparation fees are tax deductible?
Unfortunately, tax preparation fees aren't deductible for individuals anymore since the 2017 tax law changes. However, if you have a business (which you do with your craft sales), you can deduct the portion of tax prep fees related to your business on Schedule C. So if your tax preparer charges $400 and roughly 30% of your return complexity is from your business, you could deduct about $120 as a business expense. Make sure they break down their fee so you can document this properly!
Honestly I think ppl worry too much about this. I've got rental property and a side hustle AND crypto and I still use TurboTax Premier. If ur reasonably intelligent you can follow the questions. The audit risk is suuuuper low for most normal people. Tax pros are expensive af.
CosmicVoyager
I successfully stopped an offset notice last year by requesting Currently Not Collectible status. I printed out Form 433-F (Collection Information Statement), filled it out showing my income and expenses, and faxed it to the number on my notice. The key is documenting that you literally can't pay your basic living expenses and the tax debt. They put me in CNC status for 12 months, which stopped the offset immediately. You'll still eventually need to address the debt, but it buys you time to figure things out when you're in a financial emergency.
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Ravi Kapoor
β’Did they ask for proof of all your expenses? I've heard they make you send bank statements and bills to prove everything on the 433-F form.
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CosmicVoyager
β’They didn't ask for proof upfront, but they did call me to verify some information. After that call, they requested three months of bank statements and copies of my utility bills and rent agreement. I think they only dig deeper if something looks inconsistent or if the amount you owe is substantial. The key is being honest on the form. If you claim expenses that are significantly higher than what the IRS considers reasonable for your area (they have internal guidelines), that will trigger more scrutiny. I stuck to my actual basic expenses and they approved my CNC status without too much back and forth.
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Freya Nielsen
Has anyone successfully used an Offer in Compromise for this situation? I got an offset notice for $6,300 from a business I closed years ago, and I'm wondering if I can settle for less since there's no way I can pay the full amount.
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Oliver Weber
β’Offers in Compromise can definitely work for offset situations, but they take time to process (6-12 months typically). If you want to stop an imminent offset, you should first request a Collection Due Process hearing to get immediate protection while you prepare your OIC. The success of an OIC depends on your financial situation. The IRS uses a specific formula to determine your "reasonable collection potential." If you can prove you'll never be able to pay the full amount before the collection statute expires (typically 10 years), you have a good chance. Form 656 is used for the offer, along with Form 433-A detailing your financial situation.
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