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Having been through a divorce with tax complications myself, I'd suggest getting everything in writing regarding that inherited IRA. Make sure your divorce agreement specifically states that your ex is solely responsible for any taxes, penalties, or interest related to the inherited IRA distribution. Even if you file separately, the IRS can sometimes come after both spouses if they believe there was a joint benefit from the income. Having clear documentation in your divorce settlement that the IRA and all related tax obligations belong exclusively to your ex can provide additional protection.
That's excellent advice I hadn't considered. Our attorneys are still drafting the initial separation agreement, so I'll make sure to include specific language about the inherited IRA tax liability. Would it be helpful to also include language about any potential future audits related to that money?
Absolutely include language about potential future audits! You want the agreement to cover not just the current known tax liability, but any future claims, audits, penalties, or interest that might arise related to that inherited IRA distribution. It's also worth specifying that your ex must provide proof of payment of these taxes as part of the divorce settlement. That way you have documentation that the tax obligation was satisfied, which can protect you if questions come up years later. Many people don't realize the IRS can look back several years, so protecting yourself long-term is important when untangling finances in a divorce.
Has anyone addressed how timing might affect this decision? If you're starting divorce negotiations now but won't be finalizing until later in the year, that could impact the best filing choice for 2025 taxes.
Great point! Your tax filing status is determined by your marital status on December 31st of the tax year. If the divorce isn't finalized by then, they'll still be considered married for tax purposes and can choose either MFJ or MFS. If it is finalized by then, they'd file as single or possibly head of household.
Thanks for confirming that. I should have mentioned I went through this last year - our divorce wasn't finalized until February this year, so we had to make the MFJ vs MFS decision for last year's taxes. We ended up filing separately despite some lost deductions because my ex had some serious tax issues I wanted to avoid. Definitely worth the peace of mind even though it cost me about $800 more in taxes.
Your 1868 tax return might actually be worth some money to collectors. My friend works at a historical auction house and documents from Brooklyn during that era can fetch good prices, especially work-related items like a traveling salesman's tax forms. The 5% tax rate documentation from that specific period has historical significance too. Before you donate it, you might want to get it appraised. Just make sure whoever handles it uses proper preservation techniques - those old documents can be fragile!
Any recommendations on where to get historical documents appraised without risking damage? I have some old property tax records from 1880s Manhattan that I've been keeping in a box.
For historical document appraisals, I'd recommend contacting a reputable auction house like Christie's or Sotheby's for high-value items, or a local auction house that specializes in historical documents if you want something less intimidating. They typically have experts who know how to handle fragile items. Another great option is to reach out to university libraries with special collections departments, particularly ones with focuses on economic or New York history. Places like NYU or Columbia have experts who can give you information about the historical significance while properly handling the documents. They often offer free consultations even if you're not planning to donate, and they use archival-quality gloves and proper lighting to prevent damage.
Wait this is so random but my dissertation was actually on tax history in NY from 1850-1900! The 5% federal tax rate in 1868 was part of the "Revenue Act" which was originally a Civil War funding measure. Fun fact: the income tax was actually repealed in 1872, then ruled unconstitutional in 1895, and didn't come back permanently until the 16th Amendment in 1913! For a traveling salesman in Brooklyn, there would have also been some local taxes beyond just the federal 5%. And the comparison to today is mind-blowing - not just the rates but the complexity. The entire tax code back then was just a few pages compared to today's thousands of pages of regulations!
That's fascinating! Did traveling salesmen get any special tax treatment back then? Like deductions for being on the road?
Just FYI - I'm a tax preparer, and one thing many people don't realize is that penalties can be reduced or eliminated through the IRS First Time Penalty Abatement program if you have a clean compliance history (meaning you've filed and paid on time for the past 3 years). Even if you owe money and face penalties, you might be able to get them removed. Worth asking about if you end up owing!
Would this apply in my situation? I've always filed on time before - this is literally the first year I've ever missed. Are there special forms I need to fill out to request the abatement?
Yes, this would absolutely apply to your situation! The First Time Penalty Abatement is specifically designed for people who have been compliant in the past but had a one-time issue. You don't need special forms - you can request it by phone when you call the IRS, or include a penalty abatement request letter with your late return explaining your situation. You can also request it after receiving a penalty notice. Just be sure to mention "First Time Penalty Abatement" specifically when you make the request.
Did anyone else end up owing way more than expected when they filed late? I missed filing last year and when I finally did it, I owed like $2400 including penalties. Freaking out about this year now.
Make sure you're still withholding enough from your paychecks. I had the same issue because I had accidentally claimed too many allowances on my W-4, so not enough tax was being taken out during the year. Fixed that and now I'm good.
Something else to consider - if your rental property is in an opportunity zone, there might be additional tax benefits that interact with these passive activity loss rules. We bought a small rental in a designated opportunity zone last year and not only were we able to defer capital gains from another investment, but the way it affected our passive activity calculations was significant.
Can you explain more about how opportunity zone investments affected your passive activity calculations? I'm considering an opportunity zone property but mostly looking at the capital gains benefits, hadn't considered passive loss implications.
Here's another wrinkle - if any of your rental property is short-term (like Airbnb or VRBO where average stay is 7 days or less), it falls under different rules and might not qualify for the $25k special allowance at all regardless of your MAGI. Those properties are considered nonresidential and have different passive activity classifications. I learned this the hard way last year when I converted one of my long-term rentals to a vacation rental and discovered I couldn't use those losses against my other income even though I was below the MAGI threshold. Real estate tax rules are full of fun surprises!
Fatima Al-Qasimi
One thing nobody's mentioned yet is that the IRS Withholding Calculator gets more accurate as the year progresses. Since we're already in the second half of the year, its projection is probably pretty close to reality. If you've recently gotten raises or your bonus was bigger than expected, that could explain the shift from "small refund" to "you'll owe $1k." What I do in your situation is just submit a new W-4 for the last quarter of the year with a bit of extra withholding, then switch it back in January. If you need to make up $1k before year-end and get paid biweekly, adding about $125-150 per paycheck in additional withholding (line 4c on the W-4) should get you back to a small refund.
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QuantumQuester
ā¢That's really helpful advice about just doing a temporary adjustment for the rest of the year. Do you think I should do that additional withholding for both our W-4s or just mine? And do I need to change anything else on the form besides putting the extra amount on line 4c?
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Fatima Al-Qasimi
ā¢You could do it all on just one W-4 or split it between both - the IRS doesn't care as long as the total withholding is correct. If you're paid at similar frequencies, I'd just divide it evenly for simplicity. The easiest approach is to keep everything else the same on your current W-4s and just add the additional amount on line 4c. No need to change your filing status or check any additional boxes if the only issue is making up that $1k difference. Then in January, submit new W-4s removing that extra withholding amount.
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Dylan Cooper
Not sure if this applies to your situation, but when my wife and I were setting up our withholding, we found that TurboTax actually has a better withholding calculator than the IRS one. It takes into account more variables and seems to be more accurate for dual-income situations.
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Sofia Ramirez
ā¢I second the TurboTax W-4 calculator recommendation. The IRS calculator is too basic for complex situations. The TurboTax one asks more detailed questions and gives more precise recommendations.
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