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I've been living in Washington state for years and honestly the community property thing isn't that bad once you get used to it. The 50/50 split actually helped us when my wife started making way more than me - evened out our tax brackets. Pro tip: keep really good records of what property/assets you had BEFORE marriage because that stays separate property. Made that mistake our first year filing and it was a nightmare sorting it out.
Do you know if common property rules still apply if you're legally married but have a prenup? Our agreement specifically states our incomes remain separate, but I'm not sure if the IRS cares about that for Form 8958 purposes.
Yes, the IRS does actually recognize prenups for tax purposes in community property states, but the rules are very specific. Your prenup needs to explicitly outline how income and assets should be treated (not just a general "our incomes are separate" statement). You'll still need to fill out Form 8958, but you would allocate income according to your prenup rather than the standard 50/50 split. However, make sure your prenup complies with your state's requirements for it to be valid - some states have very specific rules about prenups overriding community property laws.
random question but does anyone know if crypto gains count as community property? bought bitcoin before marriage but sold during. tax software is giving me weird results when i split it 50/50 vs claiming it all myself
Generally, if you bought it before marriage, the original investment stays your separate property. However, any appreciation during marriage is typically considered community property in most community property states. So you'd need to establish the value at the time of marriage and then split the gains from that point forward.
Has anyone considered getting a part-time W2 job to offset some of the SE tax burden? I'm currently doing this - 20 hrs at a coffee shop plus my freelance work - and it helps because I'm not paying SE tax on that portion of my income.
This actually makes sense mathematically but seems like a lot of extra work just to avoid taxes. Wouldn't it be better to just charge more for your freelance work to cover the tax difference?
If you're in a common law marriage in Texas, DEFINITELY file jointly! This was a huge help for me and my partner. My self-employment income combined with her W-2 income put us in a better overall tax situation, plus her withholding throughout the year covered a lot of what we owed. Don't hesitate on this one.
Former H&R Block employee here. Just wanted to add that there's a middle ground between the "do it all in front of you" approach and the "take everything and come back later" approach. Many independent tax pros (including some CPAs) will do an initial meeting to collect docs, then work on it, then schedule a review meeting where they walk you through everything they did and answer questions before filing. That way you get the benefit of their focused attention when preparing it AND you still get to see and understand what they did before it gets submitted. Just ask about their process when you're interviewing potential CPAs!
This is super helpful! That middle ground approach sounds perfect for what I'm looking for. Do most CPAs offer this option if you specifically ask for it?
Most CPAs are actually happy to offer this approach if you specifically request it. It's often their preferred method too since it gives them time to work thoroughly without rushing while still providing you with good service and explanation. Just be clear about what you want when you first contact them. I'd recommend saying something like: "I'd like to schedule an initial meeting to provide my documents, then have you prepare the return, and finally meet again so you can explain everything before filing." Many will already have this exact process in place, but being specific helps ensure you get what you're looking for.
One thing nobody mentioned - CPAs tend to be way more expensive than H&R Block. I switched last year and paid almost triple what I used to pay. For me it was worth it because the CPA found deductions I never knew about that more than covered the difference, but just be prepared for sticker shock!
That's a really good point! I paid about $450 for a CPA last year versus the $150 I was paying at H&R Block. But my CPA found over $2,000 in deductions I would have missed, so definitely worth it in my case. Price really depends on how complicated your return is.
Wait, so all moving expenses aren't deductible now? I moved last year for a new job that was 300+ miles away. My tax guy said I could deduct it?? Now I'm worried I'm gonna get audited.
If you're not active-duty military, then no, moving expenses haven't been deductible since 2018 due to the Tax Cuts and Jobs Act. This suspension runs through 2025. If your tax preparer deducted moving expenses on your 2024 return and you're not active-duty military, you might want to consider filing an amended return to correct this. It's better to fix it before the IRS notices, as penalties and interest can add up.
Has your friend considered taking the Section 195 startup cost deduction? The IRS allows you to deduct up to $5,000 of business startup costs in the first year (subject to limitations if total startup costs exceed $50,000), with the remainder amortized over 15 years. Some of his expenses might qualify if they're directly related to investigating or setting up the business.
Section 195 doesn't cover moving expenses though, right? I thought it was more for things like market research, analyzing potential locations, legal fees for setting up the business structure, etc.
Luca Ricci
8 Just a tip from someone who had to mail returns for the past three years - make absolutely sure you have the correct mailing address for your return. The IRS has different processing centers depending on your state and whether you're enclosing a payment. Google "where to file paper tax returns IRS" and you'll find the page with all the addresses. Sending to the wrong one can add weeks to your processing time!
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Luca Ricci
ā¢10 Do you need to use certified mail? I'm worried about my return getting lost.
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Luca Ricci
ā¢8 Yes, absolutely use certified mail with return receipt requested. It costs a bit more at the post office, but you'll get proof of delivery that the IRS received your return. This is crucial if there's ever any question about whether you filed on time. I also recommend making a complete photocopy of everything you're sending before you mail it, including W-2s and other documents. Store these copies somewhere safe in case you need to reference them later or if the IRS claims something was missing.
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Luca Ricci
13 Has anyone tried using a tax professional to efile past the deadline? I heard some practitioners have access to year-round efiling.
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Luca Ricci
ā¢6 Tax pros have the same October 16th deadline for individual returns. They can efile business returns and some other forms year-round, but Form 1040 (individual returns) are subject to the same cutoff date for everyone.
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