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This is such a confusing area! My wife's company has a similar setup where they have a partnership with a daycare center in the same office park, but it's not exclusively for employees. When I called my company's benefits hotline (not the IRS), they explained that the question is about facilities that are operated BY the employer primarily FOR employees. If the general public can use it, it's usually not considered "employer-provided on-site childcare" even if they give employees preference or discounts. They also mentioned that the $5k in Box 10 is probably from a Dependent Care FSA, which is already receiving tax benefits and is handled separately from this question.
Does your wife's company give priority enrollment to employees or just a discount? Our company does both and I'm still confused if that counts.
They give both priority enrollment and a discount, but it's still not considered "employer-provided on-site childcare" for tax purposes. The key factor is whether the facility is operated by the employer primarily for their employees. Even with priority enrollment and discounts, if it's open to the public and operated as a separate entity, it doesn't qualify as employer-provided on-site childcare for the tax benefits.
I had this exact confusion on my taxes last year! What helped me figure it out was looking at the specific wording in IRS Publication 503. It says employer-provided on-site childcare means "services provided by a qualifying childcare facility of the employer." For it to be a "qualifying childcare facility," your employer must actually be operating the facility primarily for employees' children. The fact that anyone can send their kids there (even with your discount) means it's NOT employer-provided on-site childcare for tax purposes. The $5k in Box 10 is almost certainly from a Dependent Care FSA or other benefit program, which is totally separate. So you'd answer "No" to the on-site childcare question.
One thing nobody has mentioned yet - if your son has expenses related to earning that 1099-NEC income, he should definitely track those and deduct them on Schedule C. For example, if he bought any supplies, paid for software, or used his car for this work, those are legitimate business expenses that can reduce his taxable income and therefore the self-employment tax he owes.
That's a great point! My son did buy some design software and a drawing tablet specifically for this work. Would those be fully deductible even though he also uses them sometimes for school projects?
You would deduct the percentage used for business purposes. So if he uses the software and tablet 70% for paid work and 30% for school, you'd deduct 70% of the cost. Make sure to keep receipts and documentation about the business use percentage in case of questions later. A good practice is to have him keep a simple log for a few weeks noting when he uses the equipment for business vs. personal use to establish a reasonable percentage. For items under $2,500, you may be able to deduct them fully in the year of purchase rather than depreciating them over several years, using the de minimis safe harbor election.
Don't forget that your son might also have to make quarterly estimated tax payments for next year if he continues this work! If he expects to owe more than $1,000 in taxes for the year, he should make estimated payments to avoid penalties.
I'm a wealth management advisor who works with several HNW real estate investors. Beyond just attorneys and CPAs, make sure your clients have a comprehensive team that includes: 1. A real estate-focused wealth strategist who can coordinate between all the specialists 2. An estate planning attorney (separate from the tax attorney) 3. A CPA who specifically handles real estate investments 4. A cost segregation specialist to maximize depreciation benefits The biggest mistake I see with new real estate investors is treating properties as isolated investments rather than creating a cohesive strategy across their entire portfolio. Each new acquisition should be evaluated not just on its own merits but how it affects their overall tax situation.
How often should HNW clients have their tax strategy reviewed? Is it something that needs adjustment every year or is a good strategy supposed to last for several years? And does having multiple properties across different states complicate things significantly?
Tax strategies should be reviewed quarterly at minimum, with a comprehensive overhaul annually. Tax laws change frequently, and as a portfolio grows, different strategies become available. What works for 3-4 properties often becomes suboptimal at 10-12 properties. Multi-state portfolios absolutely complicate matters and often require state-specific expertise. Each state has different tax treatments for out-of-state owners, and some entity structures that work well in one state can create unnecessary tax burdens in others. This is especially true with states like California, New York, and Texas, which have very different approaches to taxation.
Don't forget about DSTs (Delaware Statutory Trusts) as an option for HNW real estate investors! I've seen several families use these effectively as part of their 1031 exchange strategy, especially when they want to diversify but stay in real estate. The real magic happens when you combine entity structuring with proper timing of recognizing income and losses. We've had clients save literally millions by properly sequencing when they sell properties and when they accelerate expenses.
DSTs have serious downsides though. You lose operational control, returns are often lower than direct ownership, and the fees can be substantial. Plus, you're locked in for the duration with very limited liquidity. They're not always the best choice for active investors who want to grow their portfolio.
Make sure you learn from this for next year! Self-employment taxes are brutal if you're not prepared. As a 1099 contractor, you should be setting aside roughly 30% of ALL income for taxes and making quarterly estimated payments (due April 15, June 15, Sept 15, and Jan 15). I use a separate savings account just for taxes so I'm not tempted to touch that money. Every time I get paid, 30% immediately goes into the tax account. Also, consider talking to an actual CPA instead of using TurboTax. They can often find more deductions than the software and give you advice specific to your situation. Mine costs about $350 but saves me thousands.
It really depends on your income level, state taxes, and available deductions. For many people, 30% is a good starting point, but if you're in a high-tax state or making over $100k, you might need to set aside more like 35-40%. If you found 35% wasn't enough last year, try bumping it up to 38-40%. It's always better to end up with a small refund than to owe more than you expected. Also make sure you're maximizing your business deductions - things like home office, business mileage, health insurance premiums, and retirement contributions can significantly reduce your taxable income.
One thing nobody mentioned - if your tax bill is really high and you can't pay it all even with a payment plan, you might qualify for an Offer in Compromise where the IRS settles for less than the full amount. You have to prove financial hardship though. Also, look into SEP IRAs or Solo 401ks for next year - contributions reduce your taxable income and help you save for retirement. I reduced my tax bill by almost $8k last year by maxing out my SEP IRA.
Thanks for mentioning this! Do you know what qualifies as "financial hardship" for an Offer in Compromise? With my house repairs and existing debt, I'm definitely struggling financially, but I do still have income coming in.
The IRS looks at your assets, income, expenses, and ability to pay both now and in the future. There's no specific income threshold - instead, they calculate something called your "reasonable collection potential." In your case, having necessary home repairs (especially structural ones) and existing debt would be factors in your favor, but they'd also look at your ongoing income potential. The fact that you're actively working and earning would make an OIC harder to qualify for, but not impossible. The IRS has a pre-qualifier tool on their website that can give you a rough idea if you might qualify. But honestly, for most people with ongoing income, a payment plan is the more realistic option. The retirement account suggestion would be more helpful for reducing next year's taxes rather than dealing with what you currently owe.
Sophia Long
One option nobody's mentioned - have you considered having your daughter remain as your dependent for this final year? The test for qualifying child includes support, and if you paid for more than half her support for the year (including that expensive final semester tuition, housing, etc.), you might still be able to claim her. If her job doesn't start until June, and you supported her completely until then, you might still meet the support test for the full year, especially if the tuition amount is significant. You'd need to calculate all support provided versus her income after graduation. This would allow you to claim the LLC since she would still be your dependent.
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Jeremiah Brown
ā¢I hadn't considered that approach! Her tuition for spring was around $15,000 plus I covered about $8,000 in housing and other expenses through May. Her job pays about $60,000 annually, so she'll make roughly $35,000 for the 7 months she works this year. Would the tuition I paid count toward the support calculation?
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Sophia Long
ā¢Yes, the tuition you paid absolutely counts as support! The IRS considers support to include tuition, fees, books, supplies, and room and board. So the $15,000 tuition plus the $8,000 in housing and other expenses means you provided $23,000 in support. For your daughter's income, it's not just what she earns but what she actually spends on support items. If she makes $35,000 but saves some of it or spends on non-support items like retirement contributions or entertainment, that doesn't all count as self-support. You'd need to calculate what she actually spends on housing, food, medical expenses, etc. after graduation.
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Angelica Smith
Just want to point out something important regarding the LLC that hasn't been mentioned yet. Unlike the AOTC which is partly refundable, the Lifetime Learning Credit is NON-REFUNDABLE. This means it can reduce your tax liability to zero, but you won't get any excess as a refund. This might affect your decision about who should claim it. If your daughter has a low tax liability in her first partial working year, she might not be able to use the full credit amount. If you have a higher tax liability, you might benefit more if you can legitimately claim her as a dependent.
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Logan Greenburg
ā¢This is such a good point! My son graduated last year and his tax liability for his first half-year of work was only about $3,000, so he couldn't use the full LLC amount. Would have been better if I could have claimed it since I was in a higher tax bracket.
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