Yes, we did call the police first! They came out and documented it, put one of those orange stickers on it, and told us we needed to wait 72 hours before having it towed. We followed all the proper channels. The police report actually said the car was reported stolen in another county, but for some reason the towing company still charged us because they said the owner didn't come claim it and they had storage fees.

That's good to hear! Since you followed the proper legal procedures, the expense would definitely qualify as an ordinary and necessary business expense for your rental activity. When you list it on your Schedule E, I recommend noting that proper procedures were followed and that it was necessary to maintain access to the property. While you probably won't need to provide that detail unless audited, it's good documentation to have.

The de minimis safe harbor election does simplify recordkeeping, but you still need to keep receipts! What it really does is allow you to immediately deduct small-cost items (generally under $2,500 per item or invoice) rather than having to capitalize and depreciate them. For example, if you buy a $200 microwave for your rental unit, you can deduct it immediately rather than depreciating it over several years. But you absolutely should keep those receipts - they're your proof if audited. The safe harbor is about how you treat the expenses, not whether you need documentation.

Thanks for the advice! I didn't even think about documenting the physical location. I'll definitely take pictures next time my parents go there. Do you know if there's a way to check if someone has a valid PTIN? I looked at the paperwork again and don't see any ID number for the preparer.

There's no public database where you can verify PTINs unfortunately. If the preparer didn't include their PTIN on the return where it asks for "Paid Preparer's Information," that's a violation of IRS requirements right there. Take photos of the office exterior, interior if possible, and any signage showing the business name. If they have a website or social media presence, screenshot those too - these operations sometimes disappear overnight when they get reported. Also, if your parents paid by anything other than cash, that bank or credit card statement is valuable evidence of them using this service.

Did your sister end up reporting the preparer too? Just curious if anything actually happens to these people when they get reported or if they just keep scamming others.

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 fiancé'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 fiancé's original return.

What about common law marriage states? Would that change anything in this situation?

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.

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.

Can you share any other examples you use? I have a teen who's starting their first job and I want to teach them right from the start.

I use a tax bucket analogy with actual buckets in class. Each bucket represents a tax bracket with its rate written on it. We pour "income water" into the first bucket until it's full, then overflow into the next bucket with a higher rate, and so on. It's very visual and helps them see that only the dollars in each specific bucket get taxed at that rate. For a teen with their first job, I'd focus on explaining the W-4 form and how to calculate their likely tax burden based on their expected annual income. Also explain FICA taxes (Social Security and Medicare), which are flat taxes, versus income tax which is progressive. Most teens are surprised to learn they might not owe any federal income tax if they make under the standard deduction amount, but they'll still see FICA taxes taken out.

You're not alone! I refused a raise for the same reason when I was younger. Such a mistake. I wonder how many people are making career decisions based on tax misconceptions?