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Just to add some helpful info here - if you're filing as an independent contractor, you'll typically want to use exempt code "1" (I am exempt from backup withholding) UNLESS you've received a notice from the IRS specifically telling you that you're subject to backup withholding. Make sure you're keeping all your transaction records from the payment app too, especially since you're over 200 transactions. Even without a 1099-K, you should have an accurate record of your income for your Schedule C. Also don't forget to track your business expenses like piercing supplies, sterilization equipment, etc. to deduct against that income!
Thanks for this! Do you know if I need to do anything special to prove my income since I won't have a 1099? Should I download all my transaction history from the app as proof?
Yes, definitely download and save all your transaction history from the payment app. I recommend exporting it to a spreadsheet if that option is available, and categorizing each transaction (income vs. deposits that will be returned, etc). For tax filing purposes, you don't need to submit proof of income with your return, but you absolutely should keep those records for at least 3 years in case of an audit. Also make sure you're tracking all your business expenses with receipts - things like needles, jewelry, gloves, cleaning supplies, and even a percentage of your phone bill if you use it to schedule clients. Good record-keeping can save you a lot in taxes through legitimate business deductions.
Has anyone used TurboTax for filing as an independent contractor with payment app income? I'm wondering if it handles this situation well or if I should look at a different tax software.
One important thing nobody has mentioned yet - if you continue filing separately, make sure you're optimizing WHO claims the child. Since the higher-earning spouse (you) would get more value from the tax benefits, if you stick with MFS, you should probably claim the child on your return. Also, be aware that some states don't recognize married filing separately status the same way the federal government does. For example, in some states, you must file the same way at state level as you do federally, while others require joint filing at state level regardless of federal status.
This is really helpful - I hadn't even thought about who should claim our daughter if we stay with MFS. Is there any downside to me claiming her instead of my wife?
There's no downside to the higher-earning spouse claiming the child in most cases. The value of exemptions and credits typically increases with income (up to certain thresholds). If you're in a community property state (AZ, CA, ID, LA, NV, NM, TX, WA, or WI), there may be additional considerations since income and deductions often must be split equally regardless of who earned what. Check your state's specific rules as they can significantly impact your overall tax situation when filing separately.
Don't forget about healthcare considerations too! If either of you gets insurance through the Marketplace with premium tax credits, MFS will make you ineligible for those subsidies (with very limited exceptions). That could be thousands more per year in insurance costs.
Also retirement account options! If your income is too high for Roth IRA contributions when filing jointly, filing separately actually makes it worse, not better. The income limit for MFS is just $10k!
Just to add something that hasn't been mentioned yet - be careful with what some "business gurus" say about creating losses just to reduce taxes. While maximizing legitimate deductions is smart, manufacturing fake expenses or artificially inflating real ones is tax fraud. When he talks about showing "cost/loss of income" to "owe less and get back more," be careful. What's legal is timing your legitimate expenses strategically - like buying that new embroidery machine in December instead of January if you need the deduction this year. What's not legal is making up expenses or claiming personal costs as business expenses. Remember, the goal of a business is to make profit! Paying some tax on profit is better than having no profit at all.
Thanks for this clarification - that makes a lot of sense. I think what I was trying to understand is more about the timing of purchases and legitimate ways to reinvest in the business. Definitely not looking to do anything sketchy or illegal! So for example, if I'm planning to buy that embroidery machine anyway, buying it in December vs January could make a tax difference?
Exactly right! That's legitimate tax planning. If you're going to buy that $5,500 embroidery machine anyway, and you've had a profitable year, purchasing in December lets you deduct it from this year's income (assuming you place it in service before year-end). Remember too that reinvesting profits in your business (buying new equipment, upgrading systems, purchasing inventory) naturally reduces your taxable income because these are legitimate expenses or depreciable assets. This is the legal and proper way to "reduce" taxable income - by growing your business with real expenses, not manufacturing fake ones.
Quick tip from someone with an embroidery business: keep VERY detailed records of your thread usage by client/project. I got audited last year and they questioned my thread deductions because I didn't have good documentation of how much was used for business vs. personal projects. Same with fabric - if you use similar materials for personal and business purposes, make sure you have a system to track what's what!
Just wanted to add something that hasn't been mentioned yet - make sure you understand the source of the funds your mom is gifting you. If the money came solely from her separate property (like an inheritance she received or assets she owned before marriage), it might be treated differently than community property despite being in a community property country. In my experience with Spanish community property laws specifically, there are exceptions to what's considered community property. If this money is definitely your mom's separate property under local law, you might still need to file Form 3520 regardless of your dad's US status.
That's a really good point I hadn't considered. The money is actually from an inheritance my mom received from her parents last year. Does that change things even though they live in a community property country? Would the entire amount be considered a foreign gift in that case?
Yes, that definitely changes things. Inheritances in Spain (and most community property jurisdictions) typically remain the separate property of the spouse who received them, not community property. Since this money came from your mom's inheritance and would be considered her separate property under Spanish law, the entire gift would likely be treated as coming from a foreign person. However, since you mentioned the gift is around $75,000, you're still under the $100,000 reporting threshold for gifts from foreign individuals for the 2025 tax year. So you likely wouldn't need to file Form 3520 based on the amount, even though the entire gift would be considered from your non-US mother.
Has anyone actually gotten penalized for NOT filing a F3520 in similar circumstances? I'm in a similar situation and my tax guy says the penalty is like $10k minimum which seems insane for just missing a form when no actual tax is owed???
Yes, the penalties are brutal. My cousin got hit with a $10,000 penalty for not filing F3520 for a gift from his grandmother in Portugal. He had no idea he needed to file it since no tax was due. He spent almost $5k in accountant and attorney fees fighting it and eventually got it reduced, but it was a nightmare. Don't risk it!
Derek Olson
Something else to consider - if your kids' trust is a "simple trust" vs a "complex trust," it might change how things work. With my kids' trust, it was set up as a simple trust where all income must be distributed, so the entire amount was reportable on their returns once distributed. Also don't forget about the "kiddie tax" which might apply. If your kids have unearned income over $2,300 (for 2025), part of it could be taxed at your rate rather than theirs. Given the amounts you mentioned, you might not hit that threshold, but it's something to watch if the trust income increases.
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Saleem Vaziri
ā¢Thanks for bringing that up. Do you know if there's an easy way to tell if it's a simple or complex trust? The paperwork I have doesn't specifically say either way.
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Derek Olson
ā¢You can usually determine if it's a simple or complex trust by looking at the trust document itself. A simple trust requires that all income be distributed annually to beneficiaries, doesn't allow for charitable contributions, and doesn't distribute principal. A complex trust has more flexibility - it can accumulate income, make charitable contributions, or distribute principal. The K-1 form might also give you clues. If you see distributions of corpus (principal) or if some income is being retained in the trust rather than distributed, it's likely a complex trust. You could also ask the trustee directly - they should definitely know how the trust is structured. This matters because complex trusts might distribute both income and principal, and principal distributions generally aren't taxable to the beneficiary.
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Danielle Mays
Is anyone using tax software to file for their kids' trust income? I tried using TurboTax last year and it got super confusing with the K-1 information from my daughter's trust.
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Roger Romero
ā¢I've used H&R Block's software for my son's trust income and found it worked pretty well. It has a specific section for K-1 entries and walks you through each line item. Much more straightforward than trying to figure it out manually. TaxSlayer also has decent K-1 support for a lower price if you're looking for alternatives.
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