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Just to add another perspective - I'm an expat who's lived abroad for years, and the foreign earned income exclusion (Form 2555) is different from your situation. That's for people who are genuine residents of foreign countries. Since your situation is a temporary absence and you intend to return to the US, you're still considered a US resident for tax purposes, which actually helps with your EIC eligibility. Make sure you don't accidentally file as a foreign resident which would definitely disqualify you from EIC.
I made this exact mistake one year - filed with the foreign earned income exclusion when I was only temporarily abroad. Ended up having to file an amended return because I misunderstood the residency rules and messed up my qualification for several credits.
Thanks for pointing this out! I definitely don't want to file the wrong forms. I was confused about whether I should be using any special forms because of being abroad, but it sounds like I should just file normally since this is a temporary situation. This whole thing gets so complicated!
Based on what you've described, you should still be eligible for the Earned Income Credit. The IRS recognizes that temporary absences due to circumstances beyond your control (like travel restrictions during emergencies) don't automatically disqualify you from EIC if you maintain your US residence and intend to return. The key factors working in your favor are: 1) Your absence was unplanned and involuntary, 2) You maintained your US ties and residence, and 3) You have clear intention to return. With only $3,800 in earned income, you're well within the income limits for EIC. Make sure to keep documentation of your situation - any records showing why you couldn't return (travel restrictions, family emergency details, etc.) and evidence that you maintained your US residence (lease payments, bank accounts, etc.). File your return as a US resident - don't use any foreign residency forms since your situation is temporary. You should be able to claim the EIC without issues, but having that documentation ready will help if the IRS ever has questions about your residency status during 2023.
This is really helpful advice! I'm actually in a somewhat similar situation - I got stuck abroad for about 7 months due to visa issues and was worried about my tax filing. It's reassuring to know that temporary absences don't automatically disqualify you from credits like EIC. I've been keeping all my documentation about the visa delays and my ongoing apartment lease back home, so it sounds like I'm on the right track. Thanks for the clear breakdown of what the IRS looks for in these situations!
Has anyone used the IRS sales tax deduction calculator? It lets you add major purchases like cars separately rather than keeping all those receipts for the year.
Yes! The IRS Sales Tax Deduction Calculator was a lifesaver for me. You just enter your income and state, and it estimates your typical sales tax. Then you can add major purchases like cars separately. No need to save every little receipt.
Great question! I was in a similar boat last year. The key thing to remember is that you can only deduct the sales tax you paid on the car, not the $13,500 purchase price itself. Here's what I learned: vehicle sales tax gets lumped in with your other state and local taxes (SALT), which are capped at $10,000 total when itemizing. So even if your car sales tax was $1,000, you'd need your total itemized deductions (including that sales tax, property taxes, mortgage interest, charitable donations, etc.) to exceed the standard deduction to make it worthwhile. For most people buying one car, the standard deduction ends up being the better choice. But definitely run the numbers - if you have significant mortgage interest, property taxes, or made large charitable contributions this year, itemizing might work out better for you. The IRS website has a good worksheet to help you compare, or you could use tax software that will automatically calculate both scenarios and pick the better one for you.
Thanks for breaking this down so clearly! I'm in a similar situation and hadn't realized that the sales tax gets bundled with other SALT deductions under that $10k cap. That's really helpful to know. Quick question - when you mention the IRS worksheet, do you happen to remember what it's called or where exactly on their website I can find it? I'd love to run through the comparison myself before deciding which route to take.
Great question! I went through this exact same situation with my LLC last year. The key thing to understand is that guaranteed payments are treated as self-employment income for tax purposes, but the mechanics of how the money flows can be flexible. Your LLC can absolutely withhold the $1,000 for your 401(k) contribution directly from the $12,500 guaranteed payment and remit it to the plan, then pay you the remaining $11,500. This is actually preferable from a cash flow perspective and keeps everything clean administratively. The 401(k) plan administrator generally doesn't care about the source - they just need to receive the contribution and proper documentation. What matters for tax purposes is that the full $12,500 still gets reported as guaranteed payments on your K-1, regardless of whether $1,000 went directly to your 401(k) or through your personal account first. Just make sure your operating agreement is clear about this arrangement, and that your bookkeeper properly tracks the full guaranteed payment amount for tax reporting. The IRS views the entire $12,500 as taxable guaranteed payment income to you, even though part of it went directly to retirement savings.
This is really helpful, thanks! One follow-up question - do you know if there are any timing requirements for when the LLC needs to make the 401(k) deposit? Like, if our guaranteed payments are processed on the 15th of each month, does the 401(k) contribution need to go out by a certain deadline to avoid any compliance issues? I'm also wondering about the year-end reconciliation process. Do you just make sure the total 401(k) contributions for the year match what's reflected in the guaranteed payments on the K-1, or is there additional documentation the plan administrator typically requires?
One thing I'd add to this discussion is the importance of getting your payroll provider on board early if you use one. We ran into issues initially because our payroll company wasn't familiar with processing 401(k) contributions from guaranteed payments. They kept trying to treat it like regular employee payroll with tax withholdings, which created a mess. We had to educate them that guaranteed payments are already subject to self-employment tax, so there's no additional payroll tax withholding needed - just the straightforward transfer to the 401(k) plan. Also, make sure you coordinate the timing with your plan's contribution deadlines. Most plans require contributions to be made within a reasonable time after the guaranteed payment date. We typically process ours within 5 business days of issuing the guaranteed payment to avoid any potential issues with the Department of Labor's timing requirements. The bookkeeping approach Carmen mentioned is spot-on - that's exactly how we handle it and it keeps everything clean for tax reporting.
This is really valuable insight about working with payroll providers! We're actually in the process of setting up this exact arrangement and hadn't considered the payroll company complications yet. Quick question - when you say "within 5 business days," is that based on specific DOL guidance for partnerships, or is it more of a best practice your plan administrator recommended? I'm trying to understand if there are different timing rules for guaranteed payments versus regular employee deferrals. Also, did your payroll provider eventually get comfortable with the process, or did you have to switch to someone more familiar with partnership structures? We're evaluating whether to stick with our current provider or find one that specializes in multi-member LLCs.
I'm going through a similar situation right now and this thread has been incredibly helpful! My divorce won't be final until May, but I've been separated since September and have my two kids living with me full-time. I was planning to file Married Filing Separately, but after reading about the Head of Household option, I'm wondering if I qualify too. One question I haven't seen addressed - if I do qualify for Head of Household, do I need any special documentation to prove the separation timeline or that I paid more than half the household expenses? I want to make sure I have everything properly documented in case the IRS has questions later. The last thing I need during this stressful time is an audit because I didn't have the right paperwork to back up my filing status. Also, for those who mentioned the tax calculation tools - do they factor in state taxes too? I'm in California and wondering if the filing status choice affects state taxes differently than federal.
Great questions! For Head of Household documentation, keep records of when you moved out/separated (lease agreements, utility bills in your name starting from separation date), receipts for household expenses you paid (mortgage/rent, utilities, groceries, childcare), and documentation showing the kids lived with you more than half the year (school records, medical records, etc.). Regarding California state taxes - yes, your federal filing status generally carries over to your state return, but California does have some unique rules. The good news is that California recognizes Head of Household the same way as federal, so if you qualify federally, you should qualify for California too. The tax tools others mentioned like taxr.ai do factor in state-specific calculations, which is especially helpful in high-tax states like California where the filing status choice can make an even bigger difference in your overall tax bill. Keep all your separation and expense documentation organized - it'll give you peace of mind and protect you if there are ever questions about your filing status choice.
As someone who works in tax preparation, I want to emphasize something that hasn't been fully addressed - the timing of when you actually separated matters a lot for Head of Household eligibility. The IRS requires that you lived apart from your spouse for the LAST SIX MONTHS of the tax year, not just any six months during the year. So if you separated in August like one commenter mentioned, you'd meet this requirement since August through December is more than six months. But if someone separated in July, they'd need to count July through December to make sure it's at least six months. Also, regarding documentation - the IRS doesn't require you to file proof with your return, but you should definitely keep records. I recommend creating a simple timeline document showing: separation date, when kids started living with you primarily, major household expenses you paid each month, and any relevant court documents or separation agreements. One more tip: if you're unsure about your filing status, you can always file an amended return if you discover you qualified for a more beneficial status after filing. It's better to be conservative and potentially amend later than to file incorrectly and face penalties. The Head of Household status can save significant money compared to Married Filing Separately, so it's definitely worth exploring if you think you might qualify!
This is really helpful clarification about the timing requirements! I'm actually the original poster and I separated from my husband in August, so it sounds like I do meet that six-month requirement for the last half of the year. Your point about creating a timeline document is great advice - I hadn't thought about organizing it that way but it makes sense to have everything documented clearly. I've been keeping receipts but not in any organized fashion. One follow-up question: when you mention "major household expenses," what exactly counts toward the "more than half" requirement? Is it just mortgage/rent and utilities, or does it include things like groceries, childcare, car payments, insurance, etc.? I want to make sure I'm calculating this correctly since it could make the difference between qualifying for Head of Household or having to use Married Filing Separately. Thanks for the professional insight - it's reassuring to hear from someone who actually works in tax prep during this confusing time!
Keisha Brown
Does anyone know if its better to max out HSA first or 401k? I have both W2 and 1099 income too and trying to figure out the optimal order.
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Paolo Esposito
ā¢Generally HSA first! It's triple tax advantaged - tax deductible contributions, tax free growth, AND tax free withdrawals for medical expenses. It's the best deal in the tax code. Max that out before adding more to your 401k beyond any employer match.
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Mohammed Khan
Great question! I'm in a similar boat with mixed income sources. One thing I learned the hard way - make sure you calculate your net self-employment income correctly for that 20% employer contribution. Don't forget to subtract: 1. Half of your self-employment tax (roughly 7.65% of your net SE income) 2. The employer contribution itself (it's a circular calculation) So if you have $130k in 1099 income, after business deductions and the SE tax adjustment, your actual contribution base will be lower. The effective rate usually works out to about 18.6% rather than the full 20%. Also, since you mentioned backdoor Roth - consider whether a solo 401k with Roth options might be better than trying to do backdoor Roth IRA conversions, especially if your income puts you over the IRA contribution phase-out limits. The solo 401k gives you more flexibility and higher contribution limits.
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Mason Davis
ā¢This is super helpful! The circular calculation part is what's been confusing me. So if I understand correctly, you can't just take 20% of your gross 1099 income - you have to factor in that the employer contribution itself reduces the base you're calculating from? Is there a simple formula or should I just use one of those online calculators? I want to make sure I'm not over-contributing and getting hit with penalties.
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