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Has anyone used the free NOL webinars that the IRS offers? I saw they have some coming up next month, but wondering if they're worth the time or if they're too basic for complex situations like this?
I attended one last year. It was decent for fundamentals but they didn't cover the more complex interactions like PYA basis carryovers or sequencing with other limitations. Felt more geared toward tax preparers who are new to NOLs rather than dealing with specific complex scenarios.
I went through this exact same confusion last year with my Schedule E and NOL calculations. The key insight that finally clicked for me is that you need to think of these as separate layers of limitations that apply in a specific order. Your PYA basis carryover gets applied first to determine your current year allowable passive losses. This flows through Schedule E to your Form 1040. Then, if your total deductions exceed income after all these calculations, you'd have an NOL subject to the 80% limitation. What really helped me was creating a simple worksheet to track each step: 1. Calculate current year passive income/loss 2. Apply PYA basis carryover to increase allowable losses 3. Flow net result to Form 1040 4. Calculate total taxable income 5. If negative, apply 80% NOL limitation for carryforward The IRS instructions make it sound way more complicated than it actually is once you understand the sequence. Don't let it drive you crazy - you're on the right track asking these questions!
This worksheet approach is brilliant! I've been trying to wrap my head around this for weeks and your step-by-step breakdown makes so much more sense than the IRS publications. I'm definitely going to create a similar tracking sheet for my situation. One quick follow-up question - when you say "apply PYA basis carryover to increase allowable losses" in step 2, does that mean the carryover can potentially turn what would have been disallowed passive losses into allowable ones? Or does it work differently than that? Thanks for breaking this down in such a clear way - sometimes the simplest explanations are the most helpful!
Yes, exactly! The PYA basis carryover can turn previously disallowed passive losses into currently allowable ones. Here's how it works: Let's say last year you had $30k in passive losses but only $10k in passive income, so $20k got suspended due to insufficient basis or at-risk limitations. That $20k becomes your PYA carryover. This year, if you have $15k in passive income, normally you could only use $15k of current year passive losses. But the $20k PYA carryover gets added to your allowable passive losses, so you could potentially deduct up to $35k total ($15k current + $20k carryover) against your passive income. The key is that PYA carryovers essentially give you additional "capacity" to absorb passive losses that would otherwise be suspended. It's like getting credit for the income you couldn't use in prior years. This is why the sequencing matters so much - you want to maximize your allowable passive losses first (using PYA carryovers) before you start worrying about NOL limitations. Hope that clarifies it!
Check your transcript for code 898 (Treasury Offset Program) - that's the big one that shows if they're planning to take your refund. Also look for any negative amounts with future dates. The codes can be confusing though, so don't panic if you see something weird without understanding what it means first. You can also call the Treasury Offset Program at 1-800-304-3107 to see if you have any debts that might cause an offset. Better to know now than get surprised later!
This is super helpful! I had no idea about that phone number for the Treasury Offset Program. Definitely calling them tomorrow to check if I have any surprises waiting š Thanks for sharing!
Just went through this exact situation last month! Your transcript will definitely show if there's an offset coming, but it might take a week or two after filing for it to update with that info. The key codes to look for are TC 898 (Treasury Offset Program) and any negative amounts with future dates. Don't stress too much though - even if you see these codes, you'll usually get a letter explaining what the offset is for before they actually take your refund. The worst part is just the waiting and not knowing! š¤
This is a really helpful thread! I'm in Nevada (another community property state) and just discovered I've been missing Form 8958 for the past 4 years. Like Derek, my spouse and I keep completely separate finances, but it sounds like we still need to split our income 50/50 for tax purposes regardless. From what everyone's saying, it seems like the main issue isn't the missing form itself, but whether you've been properly allocating income according to community property laws. If you've been reporting only your individual income without the 50/50 split, that could be a bigger problem than just the missing paperwork. I'm leaning toward consulting with a tax professional who understands community property rules rather than trying to figure this out myself. The peace of mind would be worth the cost, especially since it sounds like the rules are more complex than just "keep your finances separate.
You're absolutely right about consulting with a tax professional - that's probably the smartest approach for anyone in this situation. I'm actually in a similar boat (Arizona, been filing separately for 3 years without Form 8958) and this whole thread has been eye-opening. What's really concerning me now is that I've been reporting only my own income this whole time, not doing any 50/50 split. My husband makes significantly more than I do, so if we're supposed to be splitting everything equally, my tax liability has probably been way off. Has anyone found a good way to estimate how much this might have affected their taxes before talking to a professional? I'm trying to figure out if this is a "minor paperwork issue" or a "potentially owe thousands in back taxes" situation.
The missing Form 8958 itself likely won't trigger penalties, but the underlying income allocation issue could be significant. In community property states, the IRS expects married couples filing separately to follow state law regarding income splitting, regardless of how you actually manage your finances. Here's what I'd suggest: First, determine if you've been properly allocating community income. If you and your spouse have been reporting only your individual earnings without the required 50/50 split, that's a substantive tax issue beyond just missing paperwork. The good news is that if your combined tax liability as a couple is correct (even if individually allocated wrong), the IRS is usually more lenient. For peace of mind, consider requesting your tax transcripts from the IRS to see if they've flagged anything unusual with your returns. You can also run some quick calculations - if splitting your incomes 50/50 would have resulted in roughly the same total tax liability you actually paid, you're probably in good shape. Given that you're in California and this affects multiple years, I'd really recommend at least a consultation with a tax professional who understands community property rules. They can quickly assess whether amendments are necessary and help you get compliant going forward.
This is really solid advice, especially the part about checking if your combined tax liability was roughly correct even if individually allocated wrong. I'm new to this whole community property situation (just moved to Texas last year) and honestly had no idea about any of these rules until stumbling across this thread. The transcript request is a great idea - I didn't even know you could do that to check if the IRS has flagged anything. Quick question though: when you say "run some quick calculations" for the 50/50 split, is there a simple way to estimate this? Like, should I just add up our total incomes from each year and divide by 2, or are there other factors that complicate the community property allocation? I'm definitely planning to consult with a tax professional after reading all this, but it would be helpful to get a rough sense of the potential impact before that conversation.
Those values actually seem a little low for 2025 filing. With inflation over the past few years, I'd bump them up by 10-15%. My tax preparer specifically told me to adjust my donation values for inflation each year.
This is terrible advice! You can't just arbitrarily increase values because of inflation. The IRS expects fair market value, which is what someone would pay for the items in their current condition at a thrift store. Used clothing values don't necessarily increase with inflation at the same rate as new clothing. This is exactly the kind of thing that can trigger an audit.
Your valuation list looks quite reasonable and aligns well with standard donation guides. Those values should still be appropriate for your 2024 tax return filing. The key thing to remember is that the IRS wants "fair market value" - what someone would reasonably pay for these items at a thrift store or consignment shop. A few important reminders for your filing: - Make sure you have receipts from the charity showing the date and organization name - Keep your detailed list (sounds like you're already on top of this!) - Take photos of higher-value items if possible for your records - If your total non-cash donations exceed $500, you'll need Form 8283 The condition assessment mentioned by others is crucial - "good" condition items can use your listed values, but anything with significant wear, stains, or damage should be valued lower. Since you mentioned being organized, I'd suggest noting the condition of each item on your list for future reference. Your approach of keeping detailed records puts you in a great position if there are ever any questions about your deductions.
This is really helpful advice! I'm new to itemizing deductions and have been nervous about claiming charitable donations correctly. One question - when you mention taking photos of higher-value items, should I be taking photos before donating them or is it okay to just have the receipt from the charity? Also, what exactly counts as "significant wear" that would lower the value? I have some items that are a few years old but still look decent - just trying to figure out where to draw the line.
Klaus Schmidt
Little tip from someone who's been there - don't forget you might owe STATE taxes too! My first year owing, I paid the federal balance but completely spaced on the state portion and got hit with penalties. Most tax software should tell you if you owe state taxes too, but it's easy to miss if you're focused on the federal part.
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Aisha Patel
ā¢This is a great point! State tax payments are totally separate from federal. You typically can't pay state taxes through the IRS website - you have to go through your specific state's tax agency website.
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Zainab Ali
Just wanted to add another perspective here - I was in the exact same situation two months ago and was freaking out about it. The IRS account balance delay is super common during tax season because they're processing millions of returns. I ended up paying through the IRS Direct Pay system exactly as KylieRose suggested, and everything worked perfectly. The key thing is to make sure you select the right tax year (2024) and choose "Balance Due on Tax Return" as your payment reason. This helps them match it to your filed return even if it hasn't fully processed yet. One thing I wish someone had told me - if you're worried about the payment amount being wrong, you can actually call the IRS Practitioner Priority Service at 1-866-860-4259. It's technically for tax professionals, but they'll help individual taxpayers too if you explain your situation. Much shorter wait times than the regular taxpayer line. The bottom line is don't stress too much about the account not showing your balance yet - the payment system is designed to handle this exact scenario!
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Genevieve Cavalier
ā¢This is really helpful info! I had no idea about that Practitioner Priority Service number - that could save so much time compared to the regular taxpayer line. Quick question though - when you called that number, did they ask you to prove you were a tax professional or anything like that? I don't want to misrepresent myself but if they'll genuinely help individual taxpayers I'd love to try it. Also, just to confirm - when you selected "Balance Due on Tax Return" in Direct Pay, did you have to enter the exact amount from your tax software or can you enter a slightly different amount if you're not 100% sure about the calculation?
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