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Ask the community...

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Ella Lewis

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If i go to the museum gala with my wife can we both claim the tax write off or just one of us? We file taxes jointly.

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Mia Alvarez

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If you file jointly, it doesn't matter which one of you makes the charitable contribution - it all goes on the same tax return. What matters is whose name is on the receipt from the museum. Ideally, ask the museum to put both your names on the receipt, but even if it's just one of you, you can still claim it on your joint return. Just make sure the payment comes from a joint account or from the person whose name is on the receipt to avoid any potential issues if you were to be audited.

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Just wanted to add a practical tip from my experience - when you attend the gala, make sure to save everything the museum gives you! Sometimes they provide additional documentation at the event itself that clarifies the deductible portion beyond what's on the initial invitation or receipt. Also, if you're planning to attend multiple charity events throughout the year, consider keeping a simple spreadsheet to track them. Include the organization name, event date, ticket cost, deductible amount, and whether you've received proper documentation. This makes tax prep so much easier when the time comes, and helps you see if you're getting close to that itemization threshold that others mentioned. One last thing - some museums offer "patron" level tickets that are pure donation with no benefits received. If you're already close to itemizing anyway, these might give you a better tax advantage than the gala tickets since the entire amount would be deductible.

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CosmicCowboy

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This is really helpful advice! I never thought about asking for patron-level tickets instead. Do you know if museums usually offer different ticket tiers like that? And when you say "pure donation with no benefits" - does that mean no dinner or entertainment at all, or just that they don't assign any value to what you receive? I'm definitely going to start that spreadsheet idea. I've been pretty disorganized with my charitable giving and this would help me see the bigger picture of whether itemizing makes sense for me.

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Has anyone successfully used the de minimis safe harbor election ($2,500 per item) for vehicle additions/accessories instead of capitalizing them with the vehicle? My accountant mentioned this might be an option for some less expensive add-ons to my business truck.

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Zara Ahmed

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I've done this! Added a specialized toolbox system to my work truck that cost $2,100 and was able to deduct it immediately under de minimis rather than depreciating it with the truck. The key is making sure the accessory has its own invoice/receipt separate from the vehicle purchase. Also, you need to have an accounting policy in place that specifies your de minimis threshold.

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Great discussion everyone! As someone who's been through this decision multiple times with different vehicles, I'd add one important consideration that hasn't been fully addressed - the timing of your purchase matters significantly for Section 179. If you buy in November as planned, you can still claim the full Section 179 deduction for that tax year, even though you only owned it for 2 months. However, make sure you have adequate taxable income to absorb the deduction - Section 179 can't create a loss, it can only reduce your taxable income to zero. Also, for the recapture question - yes, if you sell within the depreciation period, you'll face recapture on the excess of sale price over your adjusted basis. But here's something many miss: the recapture is limited to the total depreciation/Section 179 you actually claimed. So if you took a $50,000 Section 179 deduction and sell for $45,000, you'd have $45,000 of recapture income, not $50,000. One strategy I've seen work well is keeping detailed mileage logs for the first year with any new vehicle, regardless of which method you choose initially. This gives you actual data to make a more informed decision for future tax years (though remember, you can't switch back to mileage once you've used actual expenses for that specific vehicle).

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This is really helpful! I didn't realize Section 179 couldn't create a loss - that's a crucial detail. Quick question about the timing: if I purchase in November but don't start using the vehicle for business until January of the following year, does that affect my ability to claim Section 179 for the current tax year? Or is it based purely on the purchase date regardless of when business use begins?

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Yuki Sato

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Don't forget to update your operating agreement! When I sold half of my LLC that owned investment properties, I was so focused on the tax implications that I nearly overlooked updating the operating agreement to reflect the new ownership structure. This is especially important when dealing with debt because you want clarity on who's responsible for what if things go south.

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This is really good advice. My buddy didn't properly update his operating agreement when bringing in partners to his equipment leasing LLC, and when one partner wanted out two years later, it was a complete mess figuring out how to handle the debt obligations. Led to a lawsuit that cost way more than what a proper agreement would have cost.

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Great question Diego! I went through almost the exact same situation about 18 months ago with my LLC that owned a warehouse property. The key thing to understand is that you're selling an ownership interest in the entity, not transferring debt directly to the new partner. Since your personal guarantee with the bank remains unchanged, there's no debt forgiveness event for tax purposes. The LLC's debt obligations stay with the LLC - they don't disappear or get "forgiven" just because ownership changes. What you're essentially doing is selling half of your equity position while maintaining your full personal liability to the lender. For tax purposes, you'll need to calculate your basis in the 50% interest you're selling (including your share of the LLC's liabilities) and compare that to the $75k you're receiving to determine if you have a capital gain or loss. The fact that you'll have a smaller percentage share of the LLC's future profits doesn't create a taxable debt forgiveness event. I'd definitely recommend getting this documented properly though - both for your records and to make sure the IRS understands the structure if they ever ask questions. The 26 CFR 1.1001-3 regulation you mentioned is on the right track, but since you're not modifying the original loan terms or your guarantee, it shouldn't apply to create a taxable event.

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This thread has been incredibly helpful! I'm in a very similar situation - divorced in 2015, modified the agreement in 2024 with no mention of tax implications. After reading everyone's experiences, I feel much more confident about continuing to take the deduction. What really stands out to me is how consistent everyone's advice has been: if the modification doesn't explicitly state that the new tax rules apply, then the original pre-2019 treatment continues. The IRS seems to have written this rule pretty clearly - they require express language, not implied or assumed changes. For anyone else in this situation, I'd recommend: 1. Keep copies of both your original divorce decree AND the modification 2. Make sure your ex-spouse understands they still need to report the payments as income 3. Consider adding protective language to any future modifications (like @Rudy Cenizo suggested) 4. Keep detailed records of all payments It's frustrating that the IRS publications aren't clearer about this, but based on everyone's real-world experiences here, it seems like we're interpreting the law correctly. Thanks to everyone who shared their stories - it's so much more helpful than trying to decode tax publications alone!

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This has been such an eye-opening discussion! As someone new to this community, I really appreciate how everyone has shared their actual experiences rather than just theoretical advice. I'm going through a divorce right now (started in 2024) so the new rules will apply to me regardless, but reading about all the complications with modifications to older agreements makes me realize how important it is to be very specific about tax language in divorce documents. It sounds like so many people are dealing with ambiguous wording that creates uncertainty years later. @Zoe Papanikolaou your summary is really helpful - I m'saving this thread as a reference. Even though my situation is different, the advice about keeping detailed records and making sure both parties understand their tax obligations applies to everyone dealing with alimony. It s'clear that consistency between ex-spouses in how they report these payments is crucial for avoiding IRS issues down the road. Thanks to everyone for sharing your real experiences. It s'so much more valuable than trying to figure this out from IRS publications alone!

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StarStrider

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This entire discussion has been so valuable! As someone who went through a similar situation with a 2014 divorce agreement modified in 2023, I can confirm that the consensus here is absolutely correct. The key really is whether your modification contains explicit language about adopting the new tax rules. What I'd add from my experience is that it's worth having a conversation with your ex-spouse about this before tax season to make sure you're both on the same page. In my case, my ex had heard from friends that "alimony isn't taxable anymore" and stopped reporting it as income in 2023. This created a mismatch that could have triggered issues for both of us. I had to show them the actual tax code and explain that for our pre-2019 agreement (even with modifications), the old rules still apply unless specifically changed. Now we both file consistently - I deduct, they report as income - and everything works smoothly. The bottom line for anyone in this situation: silence in your modification is your friend, but communication with your ex-spouse is essential to avoid filing inconsistencies that draw IRS attention.

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@StarStrider This is such an important point about communication with your ex-spouse! I'm new to this community but dealing with a very similar situation - my 2016 divorce agreement was modified in 2024 without any explicit tax language. Your experience with your ex-spouse thinking "alimony isn't taxable anymore" really resonates with me. I've been worried about exactly this scenario. The tax law changes got a lot of general media coverage, but most people don't understand the nuances about pre-2019 agreements and modifications. I think I need to have this conversation with my ex before we both file our 2025 taxes. Do you have any advice on how to approach this diplomatically? Our relationship is cordial but not particularly warm, and I don't want them to think I'm trying to manipulate them or avoid my tax obligations. Also, did you end up needing to provide any documentation to prove the old rules still applied to your situation, or was the explanation sufficient? I'm trying to prepare for that conversation and want to have the right information ready. Thanks for sharing your experience - it's exactly the kind of real-world insight I was hoping to find here!

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810 Freeze Since March - Amended Return Filed May 26th - IRS Transcript Shows "Return Not Present" - Anyone Experience the Real 16 Week Timeline?

Been dealing with this 810 freeze since March after filing in February. Finally got my amended return submitted end of May. The IRS rep said 16 weeks for processing but idk if thats actually true. Anyone else dealt with this and know the real timeline? I pulled my Account Transcript from the IRS website today and here's what it shows: FORM NUMBER: 1040 TAX PERIOD: Dec. 31. 2022 ACCOUNT BALANCE: $0.00 ACCRUED INTEREST: $0.00 AS OF: Jun. 19, 2023 ACCRUED PENALTY: $0.00 AS OF: Jun. 19, 2023 ACCOUNT BALANCE PLUS ACCRUALS (this is not a payoff amount): $0.00 FILING STATUS: Head of Household The "INFORMATION FROM THE RETURN OR AS ADJUSTED" section shows "RETURN NOT PRESENT FOR THIS ACCOUNT" which is concerning. Under TRANSACTIONS, I see: CODE EXPLANATION OF TRANSACTION - CYCLE - DATE - AMOUNT No tax return filed 810 Refund freeze - 03-09-2023 - $0.00 971 Amended tax return or claim - 05-26-2023 - $0.00 forwarded for processing 977 Amended return filed - 05-26-2023 - $0.00 43277-550-06373-3 So my timeline matches exactly what happened - the 810 freeze hit in March, and then my amended return was received and forwarded for processing on May 26th. The IRS rep told me 16 weeks from May 26th, but that seems like forever. Has anyone actually had their 810 freeze resolved after submitting an amended return? Did it really take the full 16 weeks? The transcript doesn't show any updates since May 26th and I'm getting worried.

Chloe Harris

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Just got my amended return processed after 4 months. Had to call my congressman to help push it through tho. Might wanna try that route if it goes past 16 weeks tbh

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how do you even contact your congressman about this?

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Chloe Harris

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Google your district rep, most have tax help forms on their website

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I went through this exact same situation last year - 810 freeze in March, amended return filed in May. Mine actually took about 20 weeks total, but I saw movement on my transcript around week 14 with code updates. The key is watching for any new transaction codes to appear. Also, don't panic about the "Return Not Present" message - that's normal during the amendment review process. The IRS basically puts your original return in limbo while they work on the amended version. Keep checking your transcripts weekly and if you hit the 20-week mark with zero movement, definitely consider the congressional route mentioned above.

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