


Ask the community...
Just be prepared for your ex to potentially file incorrectly anyway. My ex filed as married filing separately even though we were divorced by year-end and it caused my return to be rejected when I tried to e-file as single. It was a nightmare to fix. Maybe reach out to your ex proactively and explain the December 31st rule, or have your tax preparer do it. Might save you both a headache later.
The same thing happened to me! How did you resolve it? Did you have to file a paper return?
This is such a common source of confusion! I went through almost the exact same situation two years ago. The key thing to remember is that the IRS doesn't care how long you were married to your ex during the year - only your marital status on December 31st matters for filing purposes. Since you were legally married to your new husband on December 31st, you can absolutely file jointly with him. Your ex will need to file as single, not married filing separately, because he was divorced on December 31st. The "married filing separately" status only applies to people who are actually married to each other on the last day of the tax year. I'd suggest getting this information directly from the IRS or a tax professional to share with your ex, since he seems confused about the rules. It might help avoid any filing errors that could cause problems for both of you later. Good luck!
Don't stress too much about perfect documentation here. I've been through this exact situation. Just estimate your income as accurately as possible on that substitute W-2 form. If you worked regular hours, it should be pretty easy to calculate (hours per week Ć hourly rate Ć weeks worked). Save any evidence you have (text messages about shifts, bank deposits, etc.) just in case, but in my experience, the IRS didn't question anything when I submitted my substitute form.
Did you have to pay self-employment tax on that income or just regular income tax? I'm confused about what category this falls under when the employer never reported it.
Good question! If you were supposed to be an employee (which it sounds like you were), you'd still report it as regular wage income on your 1040, not as self-employment income. The fact that your employer didn't properly withhold taxes doesn't change your employment status. You'll just owe the full amount of income tax and potentially underpayment penalties since nothing was withheld throughout the year. Self-employment tax would only apply if you were actually working as an independent contractor, which doesn't seem to be the case here based on the OP's description of the job.
I went through something very similar when a small restaurant I worked at suddenly closed without giving anyone their W-2s. Here's what I learned from that experience: The Social Security Administration check is definitely your first step - if nothing shows up there, you know for certain they never reported your wages. Then Form 4852 is your best friend. Don't overthink the income estimation - just be as accurate as you can with the information you have. One thing I wish someone had told me earlier: keep detailed records of everything you're doing to resolve this situation. Write down when you tried to contact the employer, what steps you took to get your W-2, etc. The IRS really appreciates seeing that you made good faith efforts to get proper documentation before filing the substitute form. Also, don't forget that you'll probably owe both federal and state income taxes on this unreported income, plus potentially some penalties for underpayment since nothing was withheld. It's worth setting aside some money now so you're not caught off guard when you file. The important thing is that you're taking care of it properly rather than trying to hide it.
This is really helpful advice! I'm dealing with a similar situation right now where my former employer just disappeared after closing. One question - when you say to keep detailed records of attempts to contact the employer, should I also document things like checking their social media accounts or trying to find them online? I've been doing that but wasn't sure if it would actually matter to the IRS. Also, do you remember roughly how much you ended up owing in penalties? I'm trying to budget for this and have no idea what to expect. The income was only about $8,000 over 6 months, so hopefully it won't be too bad.
Yes, absolutely document everything you tried - social media searches, online business directory lookups, even calling disconnected phone numbers. The IRS wants to see that you made reasonable efforts to get your proper W-2 before using the substitute form. I kept a simple log with dates and what I tried. For penalties on $8,000, mine wasn't too brutal - maybe around $200-300 total between federal and state underpayment penalties. The key is filing as soon as you can and paying what you owe. If you can't pay it all at once, the IRS has payment plan options that are pretty reasonable. The penalties for not reporting at all would be way worse than the underpayment penalties you'll face for this situation. One more tip: when you do your taxes next year, remember to make estimated quarterly payments if you have any similar employment situations. That way you won't get hit with underpayment penalties again.
One thing to consider that hasn't been mentioned much is the depreciation savings. If you're currently driving your 2021 Honda Civic for personal use, you're putting wear and tear on your own asset. With a company car, all that depreciation hits their books instead of yours. I'd also ask your employer about their policy for different types of personal use. Some companies are more restrictive about things like out-of-state trips or using the car for ride-sharing/delivery services. And definitely find out if they have any mileage tracking requirements - some employers want detailed logs of business vs personal use, which can be a hassle. The maintenance aspect is huge too. If the company covers oil changes, tire replacements, repairs, etc., that's real money saved even after the tax hit. I'd estimate what you typically spend annually on your Honda's maintenance and factor that into your decision.
Great point about depreciation! That's something I hadn't really thought about. My Honda is still pretty new and I've been trying to keep the mileage low to preserve its value. If I could shift most of my driving to a company car, that would definitely help maintain my car's resale value down the road. Do you know if there are any restrictions on how far you can travel with company cars? Like if I wanted to take a road trip to another state, would that typically be allowed for personal use?
Great question about company car policies! Travel restrictions vary widely by employer. Some companies have no geographic limits as long as you're using it for approved personal use, while others restrict travel to certain states or within a specific radius from your home base. The key things to ask HR about: 1) Geographic restrictions (if any), 2) Whether you need pre-approval for long trips, 3) Who's responsible if something happens out of state, and 4) Whether their insurance coverage changes based on location. Most companies I've seen allow road trips as long as you're not using the car for business purposes like Uber or moving services. But definitely get this in writing - the last thing you want is to be stranded somewhere because you violated a policy you didn't know about. Also worth noting that longer trips will increase your personal use percentage, which affects your taxable benefit calculation. So factor that into your overall cost analysis when deciding if the company car makes financial sense for your situation.
This is super helpful info! I'm actually in a similar situation where I'm considering a company car offer. One follow-up question - do most companies require you to return the car immediately if you leave the company, or do they typically give you some transition time to find alternative transportation? I'm a bit worried about being car-dependent on something I don't own, especially since my current car is reliable. It would be awful to suddenly be without transportation if I had to job hunt or got laid off unexpectedly.
3 Another thing to consider - your son should definitely start making quarterly estimated tax payments for his self-employment income. The deadline for Q1 2025 payments is April 15th. This spreads out the tax burden throughout the year AND helps avoid underpayment penalties that the IRS can charge! For a rough estimate, he should set aside about 30% of his self-employment profit for taxes (15.3% for self-employment tax plus income tax). The IRS Form 1040-ES has worksheets to calculate this more precisely.
17 How do you actually make these quarterly payments? I just started doing some freelance work and want to avoid a big surprise next year.
3 You can make quarterly estimated tax payments directly on the IRS website through their Direct Pay system at irs.gov/payments. Just select "estimated tax" as the payment type. You can also mail in payments with Form 1040-ES vouchers if you prefer paper. For figuring out how much to pay, the safest approach is to pay at least 100% of your previous year's tax liability divided into four equal payments (or 110% if your income is over $150,000). This gives you "safe harbor" protection from underpayment penalties even if your income increases.
4 Your son might also qualify for the Qualified Business Income (QBI) deduction, which could reduce his taxable income by up to 20% of his net business profit. This only applies to income tax though, not self-employment tax. Make sure your tax software is calculating this - it can make a significant difference!
9 Does the QBI deduction apply to all self-employment or only certain types of businesses? I do graphic design freelance work.
Yes, the QBI deduction generally applies to most self-employment income, including graphic design work! It covers income from sole proprietorships, partnerships, S-corps, and LLCs. There are some limitations for certain service businesses at higher income levels (like law, accounting, consulting), but graphic design typically qualifies without restrictions. The deduction is 20% of your qualified business income, subject to certain limits based on your total taxable income. For most freelancers and small business owners, it's a straightforward 20% reduction on the business income portion of your taxes. Definitely make sure your tax software is applying this - it can save hundreds or even thousands depending on your income level.
Isabella Silva
Great question about finding qualified cost segregation specialists! You'll want to look for professionals who are either engineers or have engineering backgrounds, often with credentials like PE (Professional Engineer) or designations from organizations like the American Society of Appraisers. Many are also CPAs with specific cost segregation training. The key is finding someone who understands both the engineering aspects (being able to properly classify building components) and the tax code requirements. They should be able to provide detailed engineering-based documentation that can withstand IRS scrutiny. Regarding audit experience - I went through an audit a few years back where cost segregation was questioned on a commercial property. The IRS was particularly interested in our methodology for separating personal property from real property. Having detailed engineering reports with photos, blueprints, and component-by-component analysis was crucial. The specialist we used had prepared everything with potential audit defense in mind, including detailed depreciation schedules and supporting calculations. For your roof coating situation, the documentation would likely focus on demonstrating which specific components (if any) serve functions separate from the basic building structure. The IRS generally accepts well-documented cost segregation studies from qualified professionals, but they want to see real engineering analysis, not just aggressive tax positions. Given the complexity and your $135k project size, this is definitely worth exploring with both your returning accountant and a cost segregation specialist.
0 coins
NeonNinja
ā¢This is really valuable insight about the audit experience and what documentation the IRS looks for! The point about having engineering-based analysis rather than just aggressive tax positions is crucial - it sounds like the key is having legitimate engineering justification for any component reclassifications. I'm impressed that your cost segregation specialist prepared everything with audit defense in mind from the start. That seems like a smart approach, especially on larger projects where the potential scrutiny would be higher. For someone just getting into rental property investing like myself, this whole discussion has been eye-opening about how many different strategies and considerations there are beyond just the basic "capitalize and depreciate over 27.5 years" approach. Between QIP treatment, bonus depreciation, cost segregation, and all the timing considerations, there's clearly a lot of value in working with specialists who understand these nuances. Thanks everyone for sharing your experiences - this has been incredibly educational! I'm definitely going to bookmark this thread for when I have my own major improvement projects to deal with.
0 coins
Yara Sayegh
This has been such a comprehensive discussion! As someone new to the community, I'm amazed by the depth of knowledge being shared here. I wanted to add one more perspective that might be relevant to the original poster's situation. Since you mentioned needing financial projections before your accountant returns, you might want to consider the impact of your state's tax treatment as well. Some states don't conform to federal bonus depreciation rules or have different QIP treatment, which could significantly affect your overall tax savings calculations. Also, given that this is an 8-year-old property that was already generating good income, you might want to model how this improvement affects your property's basis for future sale purposes. While accelerated depreciation provides great cash flow benefits now, it also increases your depreciation recapture exposure when you eventually sell. With real estate values generally trending upward, this could be a meaningful consideration for your long-term investment strategy. One practical suggestion: while waiting for your accountant, you could reach out to your coating contractor to get a detailed breakdown of the work performed. Having line-item costs for materials vs. labor vs. any additional components could be valuable whether you end up pursuing cost segregation or just need detailed documentation for your chosen depreciation method. The fact that you're thinking about this proactively rather than just defaulting to basic depreciation shows great attention to tax planning - that mindset will serve you well as you continue building your real estate portfolio!
0 coins