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Make sure you check if you qualify for Head of Household status even while separated! I was separated for 9 months last year, had my kids more than half the time, and paid over half the household costs. My accountant filed me as HOH even though I was technically still married, and it saved me almost $3,800 compared to Married Filing Separately. The key requirements: you need to be "considered unmarried" which means: 1) file a separate return, 2) paid more than half the cost of keeping up your home, 3) your spouse didn't live in your home during the last 6 months of the tax year, and 4) your home was the main home of your child for more than half the year.
This is really helpful. I think I might not qualify since the kids are primarily with their mom, but I'll double check the requirements. Do you know if there's any documentation I need to keep in case the IRS questions my filing status?
You should definitely keep records showing when your separation began - any legal separation documents, lease agreement for your apartment showing when you moved out, and anything documenting your custody arrangement. Also save records of all household expenses you paid (rent/mortgage, utilities, repairs, food, etc.) to prove you paid more than half the cost of keeping up a home if you try to claim Head of Household. If the kids are primarily with their mom, you probably won't qualify for HOH. But if she's willing, she could release the dependency exemption to you using Form 8332 (though she'd still claim HOH). This form specifically allows the custodial parent to release the child's exemption to the non-custodial parent.
Don't forget that your filing status affects your stimulus eligibility too! When my ex and I separated in 2022, we filed separately and I missed out on part of a stimulus payment because they used our old joint income. Check if you received all eligible stimulus payments and recovery rebate credits based on your new separate income situation.
One important thing to remember when you're a contractor vs. employee: no one is withholding taxes for you! I made this mistake my first year freelancing and got hit with a huge tax bill plus penalties. Make sure you're setting aside around 30% of your income for taxes and making quarterly estimated payments.
Is it really 30%? That seems crazy high! Do you really need to set aside that much? I just started freelancing and haven't been saving nearly that amount...
The 30% is a safe estimate that covers federal income tax, state income tax (depending on your state), and self-employment tax (which is 15.3% alone). It's better to save too much than too little. Your actual rate will depend on your total income, deductions, credits, and state. If you're in a high-income bracket and a high-tax state, it could actually be higher than 30%. If you're in a lower bracket or a state with no income tax, you might need less. But starting with 30% is usually a good rule of thumb for most freelancers.
Quick question - if the LLC I'm working for is classified as an S corporation, does that change anything for me as a contractor filling out a W-9?
Don't forget to see if your father's situation qualifies for First Time Penalty Abatement! If he had a clean compliance history (filed and paid on time) for the three years before 2019, you might be able to get the penalties removed entirely. This would at least reduce the overall amount owed. You'd need to call the IRS and specifically ask for "First Time Penalty Abatement" for the unfiled return. The interest would still apply, but removing penalties could significantly reduce the total.
That's a great suggestion I hadn't considered. My dad was always pretty diligent about filing on time before he got sick, so he probably would qualify. Do I need to file a specific form for this abatement request or just call and ask for it?
You don't need a specific form for First Time Penalty Abatement. The easiest approach is to call the IRS directly and make a verbal request. Make sure to specifically use the phrase "First Time Penalty Abatement" when speaking with the representative. If you prefer to request it in writing, you can submit a penalty abatement letter that clearly states you're requesting First Time Penalty Abatement. Include your father's name, SSN, the specific tax year (2019), and a statement confirming that he had a history of compliance for the three prior years. Attach a copy of the death certificate as well.
Just a heads up - I'd recommend filing those unfiled returns ASAP. Even though the 3-year refund window might have passed, there's actually no statute of limitations for the IRS to ASSESS taxes if returns were never filed. So better to file them showing refunds owed than risk the IRS creating Substitute for Returns (SFRs) that might not include all deductions and credits he was entitled to.
Don't delay filing your 1065! I made this mistake last year thinking I could just handle it later since we didn't have much activity, and the penalties added up fast. If you file now, you might qualify for first-time penalty abatement if you haven't had issues in the past. Also, file IRS Form 7004 right away for an automatic extension to September 15, which will stop additional penalties from accruing. You'll still owe penalties for missing the March deadline, but it prevents making the situation worse.
Thanks for this advice. Is filing Form 7004 for an extension still helpful even though I've already missed the original March deadline? And do you know if first-time penalty abatement is something I can request myself or do I need a tax professional to help with that?
Yes, filing Form 7004 is still helpful even after missing the deadline! It prevents additional penalties from accruing after the original due date. So while you'll still owe penalties for the period between March 15 and when you file the extension, you won't accumulate more penalties through September. First-time penalty abatement is something you can absolutely request yourself - you don't need a professional. After you file the late return, call the IRS business line and simply ask for "first-time penalty abatement." If you have a clean compliance history (no penalties in the past 3 years), they will often grant it over the phone. Just be polite and explain that you weren't aware of the filing requirements since this was your first year with actual business activity.
If ur LLC is just 2 members, have u considered filing as an S-Corp instead? Could save u on self-employment taxes. U missed the deadline for 2023 but could elect for 2024. We did this with our small business and saved about 5k in taxes last year by paying ourselves reasonable salaries and taking the rest as distributions.
That's not entirely accurate. S-Corps save on SE taxes but they have more compliance requirements like payroll tax filings and reasonable salary documentation. Plus the OP would need to file Form 2553 to elect S-Corp status, and retroactive elections can be tricky. Not worth the headache for a small LLC that's just starting out in my opinion.
Sean O'Donnell
As someone who moved from the UK to New York and then to Florida with a similar income level, let me tell you the difference in take-home pay is MASSIVE. In NY, I was paying: Federal: ~32% effective NY State: ~7% NYC local: ~4% Plus limited SALT deductions Moving to Florida, I immediately got a "raise" of about $60k just from eliminating state and city taxes. No action required on my part - just more money in my pocket.
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Zara Ahmed
ā¢But Florida has higher property taxes and insurance costs, right? Did that eat up some of the tax savings?
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Luca Esposito
Don't overlook retirement accounts as a tax strategy! Max out your 401k contributions ($23,000 in 2025) as soon as you arrive. For someone in your tax bracket, that's an immediate tax savings of around $8,500 just on the federal side. Also look into backdoor Roth IRA contributions since you'll be over the income limits for direct contributions.
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Nia Thompson
ā¢Can new residents immediately contribute to 401ks? I thought there might be waiting periods or residency requirements for tax-advantaged accounts.
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Luca Esposito
ā¢There are no residency requirements for 401k eligibility from a tax perspective - it's based on your employment status, not your citizenship or residency history. As soon as you're legally authorized to work in the US (with appropriate visa/work permit) and your employer offers a 401k plan, you can contribute. Some employer plans do have waiting periods before you're eligible (commonly 3-6 months), but that's a company policy issue, not a tax or legal requirement. Your employer may also have a vesting schedule for their matching contributions, but your personal contributions are always 100% vested. The key thing is having a Social Security Number or Tax ID Number, which you'll need anyway for employment.
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