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Has anyone considered suggesting tax-advantaged accounts? If OP hasn't maxed out their IRA or 401k for the year, putting money there won't help with the current capital gains taxes, but it could reduce their overall tax burden.
This is what I did last year. Had about 10k in stock gains, maxed out my traditional IRA contribution for $6,500 which lowered my taxable income. Didn't eliminate the capital gains tax but my overall tax bill was lower. Every bit helps.
I actually haven't maxed out my 401k this year! Been too focused on my brokerage account since that's where I've been seeing better returns. But you're right, I should probably look at the tax advantages too. My company does a 5% match so I'm definitely leaving money on the table. Thanks for bringing this up - sometimes the obvious solutions get overlooked when you're trying to find clever tax hacks.
Remember that short-term capital gains (held less than a year) are taxed as ordinary income, but long-term gains get preferential rates. If you're close to the 1-year mark on any positions, it might be worth holding just to get the lower long-term rate. Also, don't overlook state taxes! Depending on where you live, state taxes on capital gains can be significant. Some states have no income tax (like TX, FL, WA) while others have high rates. You mentioned $14,500 in gains - what tax bracket are you in? If you're in the 12% federal income tax bracket, your long-term capital gains rate could actually be 0%!
I'm in California (ouch) and in the 22% federal bracket based on my job income. Most of my gains are long-term thankfully, but I did have a few quick trades that'll be hit with short-term rates. I've been thinking about moving to a no-income-tax state at some point, but for now I'm stuck with CA's rates on top of federal. It's a double whammy.
The issue is pretty clear-cut based on IRS Publication 501. To claim someone as a dependent who's not your biological child, they must be either: 1. Your legally adopted child 2. Your stepchild (through legal marriage) 3. Your foster child (placed by authorized agency) 4. A qualifying relative who lives with you all year Since you weren't married during the tax year, your fiancΓ© can't claim your children. Period. It doesn't matter if you're getting married soon or if he supports them financially. The tax preparer was completely wrong, and honestly, I'd report them to the chain's corporate office because this is a pretty basic tax rule they should know.
Thanks for this clear explanation! So even though he pays for a lot of their expenses, the relationship test is a hard requirement? Would we need to amend both our returns now, or just his?
The relationship test is absolutely a hard requirement that can't be worked around just with financial support. The IRS is very clear on this point. You'll need to amend your fiancΓ©'s return to remove the children as dependents. You should also file or amend your return to claim them if you're eligible (meet the tests for claiming your own children). This should resolve the issue with the IRS, though you might still face some penalties or interest if there was a significant underpayment on your fiancΓ©'s original return.
I worked as a tax preparer for 10 years and this makes me so angry! The tax chain should absolutely help you fix this situation since THEY gave you incorrect advice. They're trying to avoid admitting fault by asking for a different form. Take your disallowment letter straight to corporate if the DM won't help. The specific law is in Internal Revenue Code Section 152, which defines qualifying child and qualifying relative. Being a fiancΓ© doesn't meet either test. Also, if they prepared your return with incorrect information, they should cover any penalties or fees associated with amending the return. Many tax prep companies have accuracy guarantees - check if yours does.
What about common law marriage states? Would that change anything in this situation?
I've been waiting 8 weeks now and finally got my refund yesterday! To answer your question, first purchase was paying off my credit card balance. Boring I know, but that interest was killing me. Now I can actually breathe again financially. Pro tip: the IRS2Go app sometimes updates faster than the website. Mine showed "sent" on the app about 12 hours before the website updated.
That's actually really smart paying off the CC first. I should probably do the same but I've been eyeing a new gaming laptop for months lol. Thanks for the tip about the app - just downloaded it! Any idea how long it usually takes between "sent" status and the money actually showing up in your account?
For direct deposit, it's usually super quick after it shows "sent" - I got mine the very next day. Some banks might take 1-2 business days depending on how they process incoming transfers. If you got a paper check, it'll take about a week after the "sent" status appears before it arrives in your mailbox. And seriously, pay off that credit card first! The interest you save will help you buy an even better gaming laptop in a few months.
Anyone else notice the "Where's My Refund" tool is basically useless? It's been showing "still processing" for 7 weeks, then suddenly yesterday it jumped to "refund sent" with no in-between status. So irritating not knowing what's happening for almost 2 months!
Same experience here! I think they're just understaffed and the tracking system doesn't get updated in real-time. Mine was "processing" forever and then suddenly I just got the deposit with no warning. First purchase: new tires for my car that I've been putting off for way too long!
Something nobody mentioned yet - if you're living abroad, make sure you're aware of FBAR requirements (Foreign Bank Account Reporting) if you have foreign financial accounts totaling over $10,000 at any point during the calendar year. These are separate from tax returns and have their own penalties for non-filing. Also look into the Foreign Earned Income Exclusion (Form 2555) which might let you exclude up to ~$120,000 of foreign earnings from US taxation if you meet either the bona fide residence test or the physical presence test.
Oh crap I didn't even think about FBAR stuff. I do have a local bank account here but it's never had more than like $5k in it so maybe I'm ok? What happens if you miss filing those in previous years?
If your foreign accounts never exceeded $10,000 total (combined value of all foreign accounts) at any point during the year, you're not required to file the FBAR for that year. So based on what you've said, you should be fine on that front. If someone does need to file back FBARs, there's a streamlined filing procedure for people who weren't aware of the requirement. The IRS recognizes that many Americans abroad simply don't know about this obligation. The penalties for non-willful violations are much less severe than if they think you were deliberately hiding assets.
Whatever you do DON'T just keep ignoring it. My cousin didn't file for like 5 years and ended up owing over $15k with all the penalties and interest. And thats even though he woulda only owed like $4k if he'd just filed on time! The penalties are no joke.
Freya Christensen
I've attached a basic BOI engagement letter outline that we use if anyone wants a starting point. Key elements: β’ Scope (initial filing vs. ongoing updates) β’ Client responsibilities (providing accurate beneficial owner info) β’ Your role as company applicant β’ Fees for initial filing and separate fees for amendments/updates β’ Timeline requirements β’ Liability limitations β’ Documentation retention policy I recommend getting your legal counsel to review whatever you develop. The penalties for non-compliance are significant and you don't want to expose yourself unnecessarily.
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Omar Farouk
β’I don't see any attachment? Could you repost or share how you're handling the documentation retention section specifically? We're debating whether we need to keep the verification documents (IDs, etc.) or just the information.
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Freya Christensen
β’Sorry about that! Can't believe I forgot to attach it. For document retention, we specify that we keep the FinCEN filing confirmation and basic ownership information for 7 years per our normal tax record retention policy. We explicitly state that we do NOT retain copies of government IDs, birth certificates or other verification documents provided by beneficial owners. We view these documents only to verify the information being filed and then either return or destroy them. This reduces our liability for storing sensitive personal documents while still fulfilling our professional obligations.
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Chloe Davis
Has anyone addressed the issue of fees in their engagement letter? We're trying to determine if we should charge a flat fee per entity or bill hourly for BOI reporting. For complex entities with many beneficial owners, the time difference can be substantial.
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AstroAlpha
β’We've found a tiered flat fee structure works best. Basic fee for entities with 1-3 beneficial owners, then an additional fee per owner beyond that. We also charge separately for amendments and updates. This has been easier to explain to clients than hourly billing, and honestly more profitable since we've gotten efficient at the filings.
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