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Ask the community...

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Luca Bianchi

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One additional consideration that might be relevant to your situation - if either of you contributed to retirement accounts like traditional IRAs or 401(k)s, the deduction limits are significantly different for MFS status. For married filing separately, the ability to deduct traditional IRA contributions phases out completely at much lower income levels if either spouse has a workplace retirement plan. At your $142k income, you'd likely lose the ability to deduct traditional IRA contributions entirely if filing separately (assuming you have a 401k at work). Your wife at $24.3k would still be able to make deductible contributions, but the overall household retirement savings tax benefits could be reduced. Also, since you mentioned you're in the process of separating, don't forget about the dependency exemption aspect. While you can each claim your biological children as dependents, make sure you coordinate who claims any other potential dependents or qualifying relatives to avoid conflicts with the IRS. The timing of your separation during the tax year can also affect certain deductions - for example, if you paid any medical expenses for your wife or her daughter before the separation, those might only be deductible if you file jointly. Same goes for any educational expenses you might have paid on behalf of her daughter.

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KaiEsmeralda

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This is such valuable insight about the IRA deduction limits! I hadn't even thought about how MFS would affect retirement contributions. Quick question - if I'm already maxing out my 401(k) at work but also want to contribute to a traditional IRA, would filing separately mean I completely lose that IRA deduction? And would my wife still be able to contribute to a spousal IRA if we file separately, or does that option only exist for joint filers? The point about medical and educational expenses paid before separation is really important too. We did pay some significant medical bills for her daughter earlier in the year when we were still together. If we file separately, I assume I wouldn't be able to include those expenses in my medical deduction since she's not my dependent anymore?

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You're correct about the IRA deduction - at your $142k income level with a workplace 401(k), you'd completely lose the traditional IRA deduction if filing separately. The phase-out for MFS starts at $0 and is completely gone by $10,000 of income when covered by an employer plan, versus the much higher thresholds for joint filers. Regarding spousal IRAs, that's only available for joint filers. If you file separately, your wife would need to contribute to her own IRA based solely on her earned income ($24.3k), which would still allow her the full deduction since she's under the income limits. For the medical expenses you paid for her daughter before separation - this gets tricky. Generally, you can only deduct medical expenses you paid for yourself, your spouse, or your dependents. Since her daughter isn't your dependent and you're filing separately, you likely couldn't include those expenses. However, if the expenses were paid from joint funds or if there's some other arrangement, you might want to consult a tax professional about the specific timing and circumstances. The IRS looks at who the qualifying person was at the time the expense was incurred and who actually paid it, so documentation of when payments were made relative to your separation could be important.

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Given your complex situation with the income disparity and children involved, I'd definitely recommend getting professional help to run both scenarios. The math can get really tricky with MFS, especially when you factor in all the credits you might lose. One thing I haven't seen mentioned yet is the potential impact on any student aid applications if either child will be applying for college soon. The FAFSA uses tax filing status to determine which parent's income to consider, and this could significantly affect financial aid eligibility. With your higher income vs. your wife's much lower income, the filing status choice could make a huge difference in aid calculations. Also, since you're living separately now, you might want to consider whether either of you qualifies for Head of Household status instead of MFS. If you're not legally separated or divorced by year-end, you'd still be considered married for tax purposes, but there might be some planning opportunities for next year once everything is finalized. The general rule of thumb is that joint filing usually comes out ahead unless there are very specific circumstances (like significant medical expenses for one spouse, or income-based student loan repayment considerations). But your situation has enough moving parts that professional guidance could save you thousands.

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Has anyone used TurboTax Business for their partnership return? We're a simple 50/50 LLC with basic income and expenses, wondering if it's worth the $200 or if there's a better option.

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I used TurboTax Business last year for our two-person LLC and it was pretty straightforward. If you have a simple 50/50 split and no complicated allocations, it works fine. Just make sure you have all your income and expenses organized before you start. One thing to note - they charge extra if you need to file in multiple states. We operate in 2 states and ended up paying closer to $300 total.

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I used FreeTaxUSA for our partnership return last year. It was only $15 for the federal 1065 and like $15 per state. Way cheaper than TurboTax and handled our simple LLC just fine. The interface isn't as polished but it gets the job done if you're comfortable with the basic concepts.

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Great question! I went through this exact same confusion with my LLC last year. Just to add a few practical tips to what Emily covered: 1. Make sure you get an EIN (Employer Identification Number) for your LLC if you don't already have one - you'll need it for the 1065 form. 2. Keep really good records throughout the year of all income and expenses. The 1065 requires you to categorize everything properly, and it's much easier if you're organized from the start. 3. Don't forget about estimated quarterly payments! Even though the LLC doesn't pay taxes directly, you and your partner will likely need to make estimated payments on your individual returns based on your K-1 income. 4. Consider setting up a separate business bank account if you haven't already. It makes tracking business expenses so much cleaner when tax time comes around. The March 15 deadline is firm, so start gathering your documents in January. If you think you might be cutting it close, file that extension (Form 7004) early - it's better to be safe than sorry with those penalties!

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Mia Roberts

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This is really helpful, especially the point about estimated quarterly payments! I hadn't even thought about that part. Quick question - when you say we'll need to make estimated payments based on K-1 income, does that mean we need to estimate what our LLC will make for the whole year and then pay quarterly on our personal returns? Or do we wait until we get the actual K-1 to figure out what we owe? I'm trying to plan ahead since this is all new to us and I don't want to get hit with underpayment penalties on top of everything else we're trying to figure out.

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Nia Davis

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One thing to keep in mind with your Germany situation is the timing of when you can claim the Foreign Tax Credit. Since Germany operates on a calendar year like the US, you should be able to claim the €8,500 you paid for 2024 on your 2024 US return. However, make sure you have proper documentation from the German tax authorities showing the exact amount paid and that it was indeed income tax (not social security or other types of taxes). The IRS can be very particular about this documentation, especially during audits. Also, since you mentioned using TurboTax, be aware that the software sometimes struggles with complex international situations. You might want to double-check its calculations manually or consider getting a consultation with a tax professional who specializes in expat taxes. The Foreign Tax Credit can get complicated when you factor in different tax rates, timing differences, and the interaction with potential state tax obligations. One last tip: keep detailed records of your days in Germany vs any time spent in California or other US states. This documentation could be crucial if California ever challenges your residency status.

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This is really helpful advice about documentation! I'm just starting to navigate this whole foreign tax situation myself. Quick question - when you mention getting documentation from German tax authorities, do you know if the standard tax assessment notice (Steuerbescheid) that Germany sends is sufficient? Or do you need some special form translated into English? I'm worried about getting audited and not having the right paperwork format that the IRS expects.

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The German Steuerbescheid is generally sufficient for IRS purposes, but you'll want to make sure it clearly shows the income tax portion separate from social security taxes. The IRS doesn't require official translations, but it's helpful to have a summary in English that maps the German terms to their US equivalents. What I've found works well is creating a simple spreadsheet that shows: the German tax line items, English translations, and which ones qualify for the Foreign Tax Credit. Keep the original Steuerbescheid with your tax records, and attach the English summary to Form 1116. One gotcha to watch for: if your Steuerbescheid shows withholding taxes paid during the year vs. final assessment, make sure you're only claiming the actual tax liability, not double-counting withholdings that get refunded. The IRS has gotten pickier about this in recent years during audits.

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One more thing to consider that I haven't seen mentioned yet: if you're planning to stay in Germany long-term, you might want to look into whether you qualify for the "bona fide residence test" vs. the "physical presence test" for the Foreign Earned Income Exclusion. The bona fide residence test can be more flexible than the physical presence test (which requires 330 days outside the US in a 365-day period). If you establish bona fide residence in Germany, you don't have to count days as strictly, which gives you more flexibility to visit California without jeopardizing your tax benefits. Also, since you mentioned working remotely for a US company, make sure your employer isn't withholding California state taxes from your paychecks while you're abroad. I've seen cases where payroll departments continue withholding state taxes for remote workers overseas, which creates a mess when you're trying to establish non-residency. If they are withholding, you'll want to update your state tax withholding status immediately and potentially file for refunds of any California taxes already withheld for 2024. The combination of Foreign Tax Credit on federal plus establishing non-residency in California could save you thousands compared to paying both German AND California taxes on the same income.

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Don't forget about quarterly estimated tax payments! I do similar expert calls and got hit with an underpayment penalty my first year because I wasn't making quarterly payments. Since you don't have taxes withheld from these payments like your regular job, you're supposed to pay as you go.

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Is there a minimum amount you need to earn before quarterly payments are required? I only do 4-5 of these calls per year.

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Great question about quarterly payments! Generally, if you expect to owe $1,000 or more in taxes when you file your return, you should make quarterly estimated payments. With 4-5 calls at $350-500 each, you're probably looking at $1,400-2,500 in additional income, which could easily put you over that threshold when you factor in self-employment tax. The safe harbor rule is helpful here - if you pay at least 100% of last year's total tax liability through withholding and estimated payments (110% if your prior year AGI was over $150k), you won't face penalties even if you owe when you file. I'd recommend calculating roughly 25-30% of your consulting income and setting it aside for taxes. You can always adjust if needed, but it's better to overpay slightly than get hit with underpayment penalties.

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This is really helpful advice! I'm new to all this tax stuff and wasn't even aware of the quarterly payment requirement. Quick question - when you say "safe harbor rule," does that mean if I just increase my W-2 withholding at my day job to cover the extra taxes, I can avoid having to make separate quarterly payments? That might be easier for me to manage than remembering to send checks four times a year.

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AstroAce

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Has anyone just printed out Form 4684 and done it manually? You can still e-file the rest of your return through TurboTax and just mail in the 4684 separately with a 1040-X later when it becomes available. That's what I did last year with a delayed schedule.

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Chloe Martin

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This doesn't work for Form 4684 unfortunately. Since it affects your AGI and potentially other calculations, you can't just add it later. The IRS would reject both returns. I tried something similar last year and it was a massive headache fixing it all.

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I'm dealing with this exact same Form 4684 issue right now! Based on all the suggestions here, it sounds like there are several viable paths forward. For those considering the professional software route that Freya mentioned - I actually called Drake Software yesterday and they confirmed Form 4684 is fully available in their system. The rep said they prioritize getting all forms ready by mid-January since tax professionals can't afford to wait. One thing I'm curious about - has anyone tried contacting TurboTax directly to see if they'll extend your subscription to next year as compensation for this delay? Seems like they should offer something for the inconvenience, especially for long-time customers like the original poster. Also wanted to mention that if you do decide to switch software mid-stream, make sure to keep detailed records of what you've already entered. Even if the new software can't import your TurboTax file, having everything organized will make the re-entry process much faster.

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