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Has anyone considered the Qualifying Relative vs Qualifying Child categories? If your girlfriend is a full-time student, she might qualify under different rules where the income limit doesn't apply!
That's only for Qualifying Child, not Qualifying Relative. A girlfriend can never be a Qualifying Child because she doesn't meet the relationship test - has to be your actual child, sibling, niece/nephew, etc. Non-relatives can only qualify under the Qualifying Relative test, which always has the income limit.
Remember that when counting support, you include fair market rental value of housing! If she's living with you rent-free in a place that would normally cost $1,200/month, that's $14,400 of support you're providing right there. Makes it much easier to pass the "more than half support" test.
One thing to consider about your situation - the fact that payments went directly to your landlord and as gift cards actually makes this more clearly compensation rather than reimbursement. Reimbursements for actual business expenses wouldn't be taxable, but these payments were clearly for your personal living expenses. Make sure you're tracking ALL income on that 1099-NEC. Some non-profits aren't great at accounting and might have missed something. Compare the total on the 1099 ($250+$250+$150 x number of months) to make sure it matches what you actually received in benefits.
Thanks for pointing that out! I just checked the 1099-NEC amount against my records and you're right - there's a discrepancy. The 1099 shows about $650 less than what I calculated based on the monthly benefits. Should I contact them about this or just report the amount on the form?
You should definitely contact the non-profit about the discrepancy. They may need to issue a corrected 1099-NEC. It's better to address this now than have mismatched information when the IRS compares your return with what the organization reported. If they insist the amount on the 1099-NEC is correct, ask them to explain the difference. Perhaps some payments were classified differently or there was a month when payments weren't made. Get it in writing if possible.
I'm not seeing anyone mention this, but you might qualify for the Qualified Business Income deduction (QBI) which could reduce your taxable income by up to 20% of your net profit from this work. It's available to most self-employed people and independent contractors. Since your total compensation wasn't super high based on what you described, this might help offset some of the self-employment tax hit you're facing.
Instead of trying to find tax deductions through loans, have you considered other legitimate tax reduction strategies? Max out your 401k/IRA contributions, HSA if you qualify, look into tax-loss harvesting with investments, or charitable giving. These are all IRS-approved ways to reduce your taxable income without gimmicks.
Thanks for the suggestions! I do max out my 401k already, but I hadn't thought about an HSA. My employer offers a high-deductible health plan option - would that automatically qualify me for an HSA?
Yes, if your employer offers a qualified high-deductible health plan (HDHP), that would generally make you eligible for an HSA. For 2025, you can contribute up to $4,150 for individual coverage or $8,300 for family coverage, plus an extra $1,000 if you're 55 or older. The beauty of HSAs is the triple tax advantage - tax-deductible contributions, tax-free growth, and tax-free withdrawals for qualified medical expenses. Unlike FSAs, the money rolls over year to year, and you can even invest it for long-term growth. Many people don't realize you can use it as a stealth retirement account by saving receipts for medical expenses now and reimbursing yourself years later.
One legit way to use debt for tax advantages is through a cash-out refinance or home equity loan on your main residence *if* you use the funds for home improvements. Interest on up to $750k of qualified residence debt is deductible.
Isn't there also something about investment property loans being tax-advantaged? My cousin claims he deducts all his mortgage interest on his rental properties.
If your company is giving you ISOs, you might want to ask if they offer a "cashless exercise" program. Some startups will work with specific brokers who can front the exercise cost and immediately sell enough shares to cover your costs + taxes, then give you the remaining shares. This can be a way to exercise without needing cash on hand, though you'll end up with fewer shares overall. The tax treatment isn't as favorable as exercising and holding, but it solves the cash flow problem.
Would a cashless exercise eliminate the possibility of qualifying for long-term capital gains treatment? I'm trying to understand if there's any way to both solve the cash flow problem AND get the better tax treatment.
A standard cashless exercise would indeed eliminate the possibility of getting long-term capital gains treatment because you're selling the shares immediately upon exercise. The entire spread between your strike price and the selling price would be taxed as ordinary income. If you're looking to both solve cash flow issues and potentially get better tax treatment, some companies offer what's called a "partial cashless exercise" where you sell just enough shares to cover your costs and taxes, then hold the rest. Those remaining shares could potentially qualify for long-term capital gains treatment if you hold them long enough.
Has anyone here ever negotiated to get their options as ISOs instead of NSOs? My offer letter says NSOs but I know ISOs are way better tax-wise. Is this something companies are flexible on or is it usually a non-starter?
In my experience working at 3 different startups, the type of option is rarely negotiable. Companies typically have a standard equity plan that applies to everyone at similar levels. NSOs are often used for consultants or non-employees, while employees get ISOs. The tax advantages of ISOs are specifically designed for employees.
StarStrider
The birth certificate actually doesn't matter for tax purposes. When I went through my divorce, my ex tried to claim our daughter every year despite her living with me full-time. The judge in our case made it very clear: it's about where the child physically resides for the majority of the year (183+ days). Document everything - keep a calendar showing exactly which days your child is with you vs. with him. Save receipts for major expenses (medical, childcare, etc.) to show you're providing support. If he files first and incorrectly claims your son, you'll need to paper file your return and be prepared for a longer refund processing time while the IRS sorts it out.
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Yuki Sato
ā¢Should she get a formal custody agreement ASAP? Seems like that would help with the tax situation too.
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StarStrider
ā¢Absolutely. A formal custody agreement would definitely help clarify the situation, both for tax purposes and beyond. It creates an official record of the parenting time split, which is crucial for determining tax benefits. Even with a formal agreement though, remember that the IRS ultimately follows its own rules about who qualifies as the custodial parent for tax purposes. If the agreement specifies that the father can claim the child despite having less than 50% physical custody, the mother would still need to complete Form 8332 to release her claim. Without that form, the IRS will side with whoever meets the physical residence test.
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Carmen Ruiz
Hey, one thing nobody's mentioned - even if he's not on the birth certificate, has he established legal paternity any other way? In my state, unmarried fathers have to file an acknowledgment of paternity before they have any legal rights to the child at all. If he hasn't legally established paternity, he might not even be able to claim the child regardless of the custody situation. Just something else to consider.
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Andre Lefebvre
ā¢This is a really good point! My brother went through something similar. The mom wouldn't put him on the birth certificate, and he had to legally establish paternity before he could even file for any custody rights or visitation. The tax stuff was completely off the table until that was resolved.
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