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Ask the community...

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Eduardo Silva

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I went through this exact situation with my mom's estate two years ago. The key thing to remember is that Form 56 is really about establishing communication with the IRS, not proving your legal authority. You can absolutely file it before your court appointment. When I filed mine, I checked the "Other" box in Part II and wrote "Named executor in will, court appointment pending." The IRS accepted it without any issues. What really helped me was keeping a detailed log of every action I took and every dollar I spent on behalf of the estate before my formal appointment. One tip that saved me a lot of headaches: when you do get your official court documents, file a new Form 56 right away with your updated status. This creates a clear paper trail showing the progression from pending to appointed executor. The IRS appreciates having that documentation in their files. Also, don't stress too much about paying taxes out of pocket initially. As long as you keep receipts and document everything properly, reimbursement from the estate is straightforward once you're appointed. I got every penny back without any complications.

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This is really reassuring to hear from someone who's been through the same situation! I'm curious about the detailed log you mentioned keeping - what specific information did you track? I want to make sure I'm documenting everything properly from the start so there are no issues later when I need to get reimbursed from the estate. Also, when you filed the updated Form 56 after getting your court appointment, did you need to reference the earlier filing somehow, or is it treated as a completely separate submission?

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Ella Thompson

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I'm dealing with a very similar situation right now with my grandmother's estate. She passed away 6 weeks ago and I'm named as executor in her will, but the probate court is backed up and I'm still waiting for my formal appointment. What's been really helpful for me is creating a simple spreadsheet to track everything - date, action taken, amount spent (if any), and purpose. For example: "3/15/2024 - Filed Form 56 with pending executor status - $0 - Notify IRS of responsibility for tax matters" or "3/20/2024 - Paid estimated taxes from personal funds - $2,847 - Avoid penalties on grandmother's final return." I've also been taking photos of every document and keeping both physical and digital copies of receipts. My estate attorney said this level of documentation will make the reimbursement process much smoother once I'm officially appointed. One question I have for anyone who's been through this - should I be concerned about the IRS sending correspondence to my grandmother's address during this interim period? I've been checking her mail regularly, but I'm worried something important might get missed or returned.

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NebulaNinja

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I had my company's tax advisor on the phone yesterday and specifically asked about this! She said the decision about making the 280C election is getting more complex now that 174 expenses must be amortized. Her explanation was that it depends on several factors: 1. Your effective tax rate 2. Whether you're in an NOL position 3. Your projected tax positions over the next 5 years 4. State tax considerations 5. International tax implications if you have foreign R&E She also mentioned that some of the Big 4 disagree about the "optimal approach" because they're using different economic models to project the long-term impact. So it's less about the technical requirements and more about strategic tax planning under uncertainty.

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Javier Gomez

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This makes a lot of sense - thanks for sharing! Did your advisor happen to mention which approach they generally recommend for companies with significant foreign R&E expenses? That's our main concern.

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Steven Adams

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This is a really timely discussion - I'm dealing with the exact same issue right now! Our company has been going back and forth on the 280C election for months. What I've learned from our research is that the "optimal" approach really depends on your specific tax profile. For companies with significant R&E expenses that are now subject to the 174 amortization requirements, the cash flow timing differences between the two approaches can be substantial. One thing that hasn't been mentioned yet is the impact on state taxes. Some states don't conform to federal treatment of R&E credits or the 280C election, which can create additional complexity. We discovered that in our case, not making the 280C election actually resulted in better state tax treatment even though the federal impact was roughly neutral. I'd also add that given the ongoing uncertainty around potential legislative changes to Section 174 (there's been talk of repealing the amortization requirement), some firms may be taking a more conservative "wait and see" approach by not making the irrevocable election. Have you considered running both scenarios through a detailed projection model? That's what finally helped us understand why our new advisor was recommending against the election - the 5-year NPV analysis showed a meaningful difference we hadn't initially recognized.

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Aisha Hussain

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This is exactly what I needed to hear! The state tax conformity issue is something our current advisor hasn't even mentioned yet. We operate in multiple states, so this could be a significant factor we're overlooking. The NPV analysis approach makes total sense - I think that's what's been missing from our evaluation. We've been looking at this on a year-by-year basis rather than considering the full 5-year amortization period and the time value of money. Do you mind sharing what kind of projection model you used? Was it something your tax advisor built, or did you use a specific software/tool? Given all the moving pieces (federal vs state treatment, 174 amortization schedules, potential legislative changes), I'm realizing we need a more sophisticated analysis than what we've been doing. Also, regarding the potential Section 174 legislative changes - are you referring to the recent proposals to restore immediate expensing? If that happens, would it fundamentally change the 280C election strategy?

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Tony Brooks

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Has anyone else noticed that TurboTax's free edition keeps trying to upsell you to deluxe when you hit the healthcare screens? I swear they made this part confusing on purpose so people would upgrade thinking they need the paid version to handle these forms correctly.

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Absolutely! I've used FreeTaxUSA the last few years and it handles the healthcare stuff way better than TurboTax. They're much clearer about which forms need to be entered and don't try to scare you into upgrading. Plus it's free for federal and only $15 for state.

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Amara Okafor

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I just went through this exact same situation last month! My husband had Medicaid for the first half of 2024, then switched to my employer plan. We got so confused by TurboTax asking for 1095-A information that we almost paid for an accountant. What finally worked for us was being very literal with the questions. When TurboTax asks "Did you have health insurance from the Marketplace?" the answer is NO for Medicaid coverage. When it asks "Did you have qualifying health coverage?" the answer is YES for both Medicaid and employer plans. The key is not overthinking it. Both types of coverage satisfy the ACA requirement, so you just indicate full-year coverage. Keep that 1095-B form with your tax records but don't stress about entering any numbers from it. The IRS already knows you had Medicaid coverage from their own records anyway. One tip: if you get stuck on a screen that seems to require 1095-A info, look for tiny links that say "I don't have this form" or "Continue without entering" - they're easy to miss but they're usually there somewhere!

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Jean Claude

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This is such helpful advice! I'm in a similar situation and was getting really stressed about whether I was doing something wrong. Your tip about looking for the tiny "I don't have this form" links is gold - I completely missed those and kept thinking I had to enter something. It's reassuring to know that both Medicaid and employer coverage count as qualifying coverage and that the IRS already has records of Medicaid enrollment. Makes me feel much more confident about just indicating full-year coverage and moving forward with the return. Thanks for sharing your experience!

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Abby Marshall

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My family did something similar last year and we learned that whoever pays the expenses is generally who gets the tax benefits. So if your parents still pay the property taxes and mortgage, they can claim those deductions. But the ownership for other purposes is split between life tenant (parents) and remainderman (you). The tricky part comes with calculating the actual value of each interest. The IRS has specific tables for this based on your parents' ages. Its super weird because technically you own a "future interest" that has a specific calculable value right now.

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Sadie Benitez

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This is super helpful! Do you know where I can find those IRS tables? My mom did something similar and we're trying to figure out the gift tax implications for the remainder interest.

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Arjun Kurti

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You can find those IRS actuarial tables in Publication 1457 (Actuarial Valuations Version 3A) or look up "Section 7520 rates" on the IRS website. The tables use your parents' ages and current federal rates to calculate the present value of the life estate versus the remainder interest. For gift tax purposes, the value of the remainder interest you received is considered a gift from your parents. If it's over the annual exclusion amount, they might need to file Form 709. The calculation can get pretty complex, so definitely worth having a tax pro run the numbers if the property value is substantial.

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This is a really common estate planning setup, and you're smart to get clarity on the tax implications now! From what you've described, your parents retain most of the tax benefits while they're alive since they have the life estate. Generally speaking, your parents would continue to pay and deduct the property taxes and mortgage interest since they're the ones living there and making those payments. The life estate gives them the right to exclusive use of the property, which typically comes with the responsibility (and tax benefits) of maintaining it. You technically own the "remainder interest" right now, but it won't become active ownership until after your parents pass away. The good news is that when that time comes, you should receive a stepped-up basis to the fair market value, which can save significantly on capital gains taxes if you ever sell. One thing to double-check - make sure your parents filed any required gift tax forms when they created this arrangement, since transferring the remainder interest to you could be considered a gift depending on the property's value and your parents' ages. The IRS has specific actuarial tables to calculate this. Worth having a tax professional review the documents to make sure everything was handled correctly from the start!

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Aisha Khan

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Has anyone dealt with filing a tax return for a 4-year-old? Like what tax software even allows this? I'm trying to help my sister with her kid's acting income and we're confused about the logistics.

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Ethan Taylor

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I used TurboTax last year for my 7-year-old's return. It handled it fine - you just need their Social Security number and to indicate they're being claimed as a dependent on someone else's return. The software walks you through it pretty well, though it does feel weird putting in a birthdate that's so recent!

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Aisha Khan

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Thanks for the tip! That makes me feel better. Was worried we'd have to go to a professional which seems expensive for what should be a fairly simple return. I'll give TurboTax a shot.

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Emma Johnson

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Just wanted to add my experience as someone who went through this exact situation! My 5-year-old son earned about $35k from a recurring role on a kids' show last year, and I was initially panicked about the tax implications. The good news is that you can absolutely still claim her as a dependent - the income threshold that disqualifies dependents only applies to "qualifying relatives" (like adult children or other family members), not "qualifying children" under 19. Since she's your 4-year-old daughter living with you, she meets the qualifying child test regardless of her income. A few practical tips from our experience: 1. Keep detailed records of ALL her work-related expenses - acting classes, headshots, travel to sets, etc. Many of these can be deducted on her return. 2. The "kiddie tax" rules might apply to any unearned income she has (like interest from her earnings), but her acting income is earned income and taxed normally. 3. Make sure to set aside money for estimated taxes if she'll have similar earnings next year - child actors often don't have enough withheld. Also, definitely look into your state's Coogan Law requirements if applicable. We had to set up a blocked trust account for 15% of his earnings here in California. It's actually a good thing long-term since it ensures she'll have money saved for when she's older!

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Justin Chang

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This is incredibly helpful, thank you! I'm curious about the estimated taxes piece you mentioned. How do you calculate what to set aside for a child performer? Is it the same percentage as adults would use, or are there different considerations since they're dependents? Also, did you run into any issues with the blocked trust account - like specific banks that handle Coogan accounts or any complications with accessing the remaining 85% for normal expenses?

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For estimated taxes, I calculated roughly 25-30% of his gross earnings to be safe, though the actual rate depends on the total income and deductions. Since child performers are often classified as self-employed (depending on how they're paid), they might owe self-employment tax too, which is something to watch for. Regarding the Coogan account, we used City National Bank in LA since they specialize in entertainment industry accounts and handle lots of Coogan trusts. The process was pretty straightforward once we had all the paperwork from the productions. The remaining 85% goes into a regular account that we can access for her normal expenses and savings. Just make sure to keep detailed records of what goes where for tax purposes - the blocked 15% isn't taxable to her until she withdraws it at 18, but the accessible portion is taxed normally. One thing I wish someone had told me earlier: if your child continues working, consider setting up a corporation or LLC. It can provide some tax advantages and makes the business side much cleaner to manage.

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