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Has anyone considered that it might just be easier to get a prenup? I'm not a lawyer but wouldn't that be a simpler way to establish which assets are pre-marital vs. marital property, including the entire HSA account?
This is actually the most practical solution. I went through a divorce last year and had a similar concern with my HSA. Our prenup clearly specified that my HSA (including all future growth) remained separate property. It was WAY simpler than trying to juggle multiple accounts and maintain separate records for years.
I'm a tax attorney who's dealt with this exact scenario multiple times. The consensus here is correct - you absolutely cannot open a new HSA without current HDHP coverage, even for transfers from existing HSAs. However, I want to address the underlying asset protection concern. While detailed record-keeping is helpful, it's not bulletproof in divorce proceedings. Courts can still rule that investment growth during marriage constitutes marital property regardless of your documentation. The prenup suggestion is spot-on and would be much more legally robust. You could specify that your entire HSA (including future appreciation) remains separate property. Alternatively, the prenup could establish that only the pre-marital balance stays separate, with post-marriage growth being marital property - which achieves exactly what you were trying to do with separate accounts. Given that you're getting married in a few months, consulting with a family law attorney about including HSA provisions in a prenup would be far more effective than trying to navigate HSA eligibility rules. The legal protection would be stronger and you wouldn't have to wait for open enrollment periods or manage multiple accounts.
This is really helpful advice! I hadn't considered how a prenup could be more legally solid than just keeping detailed records. As someone new to both HSAs and marriage planning, I'm wondering - if we do go the prenup route and specify the HSA stays separate property, would that create any issues with tax reporting later? Like, would the IRS care that we're treating HSA growth differently for divorce purposes than for tax purposes, or are those completely separate legal areas?
3 Does anyone know if the March 2 deadline applies to the 1095-B form too? My insurance is through my wife's employer but we get a B form instead of C for some reason.
19 Yes, the March 2, 2025 deadline applies to all 1095 forms - whether it's a 1095-A, 1095-B, or 1095-C. The different letters just indicate where your insurance comes from: - A is for Marketplace insurance - B is usually from insurance companies directly or smaller employers - C is from larger employers (50+ employees) But regardless of which form, the deadline is the same!
Thanks for all this helpful info everyone! I'm a newcomer here but dealing with the same 1095-C issue. My employer's HR department has been giving me the runaround about when the form will be available, and I was getting really stressed about filing my taxes. Reading through this thread has been super reassuring - especially learning that the March 2nd deadline hasn't passed yet and that I can actually file without waiting for the form. I had no idea the federal penalty for not having coverage was eliminated, so I was worried about getting all the health insurance details perfect. I think I'm going to go ahead and file this weekend since I know I had employer coverage all year. Really appreciate this community sharing their experiences - saved me a lot of unnecessary worry and probably weeks of waiting for my refund!
One important thing to consider before making your decision - document everything related to your bonus repayment now, even before you leave. I made the mistake of not keeping copies of my original offer letter and bonus documentation when I left my previous job, which made filing my taxes much more complicated. Make sure you have copies of your original offer letter showing the bonus amount and terms, your W-2 from 2023 showing the bonus income, and any other relevant documentation. When you do leave, get written confirmation from your employer about the exact repayment amount and date - this will be crucial for your 2025 tax filing. Also, if you're planning to leave early in 2025, keep in mind that the timing of the repayment within the tax year doesn't matter for tax purposes - whether you repay in January or December 2025, it will all be handled on your 2025 return. But having everything documented upfront will save you headaches later when dealing with the IRS forms and calculations.
This is excellent advice! I learned this the hard way when I had to repay a retention bonus a few years ago. I had to go back to my old employer months later asking for documentation, and by then the HR person who handled my exit had left the company. It took weeks to get the paperwork I needed. One thing I'd add - if your company uses a third-party payroll service, make sure you understand how they'll handle the repayment documentation. Some will issue a corrected W-2, others will just provide a letter. Knowing this upfront can help you prepare for tax filing season. Also, if you're considering leaving early in the year, you might want to factor in the cash flow impact. You'll be repaying the bonus in early 2025 but won't see any tax benefit until you file your return in 2026. Just something to consider in your financial planning.
Just wanted to chime in as someone who's been through this exact scenario. I left my previous employer 18 months into a 24-month sign-on bonus commitment and had to repay $15k in 2024. A few practical tips from my experience: 1. **Negotiate the repayment terms** - Even if your contract says you owe the full amount, some employers are willing to work with you on a payment plan or reduced amount, especially if you're leaving for career growth rather than performance issues. 2. **Get everything in writing** - When I left, HR initially told me verbally that I'd owe the full amount, but when I pushed for written documentation, they discovered my contract actually had a pro-rated clause that reduced what I owed by about 30%. 3. **Consider the timing strategically** - If you have flexibility on when you leave, think about your overall tax situation for both years. Depending on your income levels in 2024 vs 2025, the timing of the repayment could affect which tax treatment (deduction vs claim of right) works better for you. 4. **Keep detailed records** - Beyond what others mentioned, I'd also recommend taking screenshots of your online payroll records showing the original bonus payment before you lose access to company systems. The tax complexity is real, but don't let it be the only factor in your career decision. Sometimes the long-term career benefits outweigh the short-term tax hassle.
This is really helpful advice! The negotiation aspect is something I hadn't considered. Did you approach this during your resignation conversation or wait until you got the formal repayment request? I'm wondering if it's better to be proactive about it or see what they initially ask for first. Also, regarding the timing strategy you mentioned - I'm currently expecting a promotion and salary increase in early 2025, so my tax bracket might be higher next year. Would that generally make the claim of right provision more favorable, or does it depend on other factors too?
Have your family look into potential medical expense deductions too! If your grandmother moved to assisted living or a nursing home for medical reasons, some of those costs might offset capital gains. The rules are complicated, but worth investigating.
That's interesting! How would medical expenses offset capital gains? Are they directly deductible against the gain, or is it more complicated than that?
Another strategy worth considering is charitable giving if your family is so inclined. If the trust donates the property (or a portion of the proceeds) to a qualified charity, they can potentially avoid capital gains tax on the donated amount AND get a charitable deduction for the fair market value. There are also charitable remainder trusts (CRTs) that could allow the family to receive income from the property sale over time while reducing the immediate tax burden. With a CRT, the trust sells the property tax-free, invests the proceeds, and pays out a percentage annually to your family members for a set period or their lifetimes. Whatever remains goes to the charity. Given the large gain from a $28k basis to today's values, even donating 10-20% could result in significant tax savings while still preserving most of the sale proceeds for your family. Definitely something to discuss with a tax advisor who understands charitable planning strategies.
Aisha Mahmood
Anyone else notice that the business code doesn't really matter that much? I've used different codes for my consulting business over the years (sometimes management consulting, sometimes business consulting) and it's never made any difference to my taxes or triggered any questions from the IRS. I think we're all overthinking this lol.
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Ethan Moore
ā¢This is terrible advice. While it might not have mattered in your specific case, using inaccurate codes can definitely raise flags during automated screening. My brother got audited partly because he used a retail code for what was actually a service business. The deduction patterns didn't match typical businesses in that category.
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Carmen Reyes
For pottery specifically, you'll want to look at code 327110 (Pottery and Ceramics Manufacturing) if you're primarily making the pottery yourself, or 453998 (All Other Miscellaneous Store Retailers) if you're mainly selling pottery made by others. Since you mentioned designing and selling custom pottery, 327110 is probably your best bet. The IRS Publication 535 also has a helpful table that cross-references business activities with the correct codes. You can download it from irs.gov and it's much easier to navigate than digging through the Schedule C instructions. Don't stress too much about getting it perfect - as long as it reasonably describes your business activity, you'll be fine!
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