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Don't forget about the primary residence exclusion! If this was your brother's primary residence for at least 2 of the 5 years before the sale, he might qualify to exclude up to $250,000 of gain from his income (or $500,000 if married filing jointly). Based on what you described, he lived there for about 2 years before moving out 2 years ago, so he might just barely qualify if the timing works out exactly. This could potentially eliminate any tax liability from the sale, even if he has to report it.
But does the exclusion still apply if he already received a buyout payment years ago? Feels like he might have already used up his "one primary residence exclusion every two years" thing.
This is definitely a tricky situation that requires careful documentation. From what you've described, your brother needs to report the sale even though he didn't receive proceeds from the actual sale, because he was still legally on the deed. The key is treating this as a two-part transaction: (1) the original buyout he received when they split up, and (2) the formal sale that just happened. On Schedule D, he should report the sale with his cost basis being the original purchase price plus improvements, and his proceeds being only the buyout amount he received years ago (not the recent sale proceeds). You'll definitely want to include a detailed explanation with the return describing the situation. Also, try to get documentation of the original buyout agreement if possible - this will support your position if the IRS has questions. One important thing to check: make sure you understand whether he received a 1099-S form. If he did, the IRS will be expecting to see this sale reported. If the ex-girlfriend also reports part of the sale, you want to make sure there's no double-reporting of the same income.
This is really helpful advice! I'm dealing with something similar with my sister's divorce situation. One question - if the IRS does end up having questions about this kind of two-part transaction, what's the best way to respond? Should we proactively include extra documentation with the original filing, or just wait and see if they ask for clarification? I'm worried about making the filing too complicated but also don't want to trigger an audit by not explaining enough.
I'm dealing with a similar WEP overpayment situation right now and this thread has been incredibly helpful! One thing I wanted to add - if you're having trouble getting clear answers from Social Security about exactly how much you've repaid and what documentation you'll receive, try requesting a "benefit verification letter" from your my Social Security account online. This letter shows your complete payment history and can help you track exactly what you've repaid so far. I found this really useful when trying to figure out if I should amend previous years' returns or take the current year deduction. Having the exact numbers made it much easier to calculate which approach would save me more money. Also, for anyone still struggling with the IRS phone system - I can confirm that calling early in the morning (right when they open at 7 AM) seems to have better success rates than calling later in the day, though it's still frustrating. The automated system is brutal but persistence does sometimes pay off.
This is really helpful advice! I had no idea about the benefit verification letter - I've been trying to keep track of our repayments manually but having an official record would be so much better. I'm going to log into my Social Security account today and request one. The early morning calling tip is gold too. I've been calling in the afternoons when I have time after work, but that's probably when everyone else is calling too. I'll try setting my alarm early tomorrow and calling right at 7 AM. At this point I'm willing to try anything to get through to someone who can give me definitive answers about our tax situation. Thanks for sharing your experience with this whole WEP mess - it's reassuring to know others are dealing with the same complicated tax implications and finding ways to navigate it!
I've been following this thread closely because I'm in a very similar situation - Social Security overpaid me due to incorrect WEP calculations and I'm now repaying through their installment plan. What's been most helpful from reading everyone's experiences is understanding that there are really two main approaches: taking the itemized deduction on Schedule A for the current year, or filing amended returns for the years when you received the overpayments. One thing I wanted to add that hasn't been mentioned yet - if you're married filing jointly and the Social Security overpayment pushed your household into a higher tax bracket in previous years, the amended return approach becomes even more attractive. In my case, the extra Social Security income in 2021 pushed us from the 12% bracket into the 22% bracket for part of our income. By filing an amended return to remove that overpayment, we're getting back taxes that were paid at the higher rate. Also, for anyone still trying to get through to the IRS by phone - I found that calling the practitioner priority line (if you have a tax professional helping you) tends to have shorter wait times. If you don't have a tax pro, some of the online services mentioned in this thread might be worth trying, especially if you're dealing with a time-sensitive situation like I was when Social Security threatened to increase my monthly withholding. The documentation aspect cannot be overstated - I've been keeping copies of everything, including screenshots of my online Social Security account showing the repayment schedule. This has been invaluable when trying to calculate the tax implications of each approach.
This is exactly the kind of detailed breakdown I was hoping to find! The tax bracket impact you mentioned is something I hadn't fully considered. We're also married filing jointly and I'm wondering if the Social Security overpayment might have pushed us into a higher bracket too. Do you happen to know if there's an easy way to figure out if the overpayment affected our tax bracket in previous years? I'm thinking I should probably pull out our old tax returns and see what our AGI was with and without the Social Security income, but I'm not sure if I'm calculating this correctly on my own. Also, the practitioner priority line tip is interesting - I don't currently have a tax professional, but given how complicated this whole situation is becoming, it might be worth hiring one just to get access to that line and their expertise on whether to amend or take the deduction.
This is really helpful information! I'm in a similar situation - been actively trading since early 2024 and dealing with the wash sale headache. One thing I want to add based on my research: even if you don't qualify for full TTS, you might still be able to deduct some trading-related expenses as miscellaneous itemized deductions (though these are currently suspended until 2025 under TCJA). Things like trading software subscriptions, market data feeds, and trading education could potentially be deductible once that suspension lifts. Also, @aef192fb4d37, since you mentioned being on a work visa - make sure to check if your visa status allows you to engage in trading as a business activity. Most work visas permit investment activities, but if you're claiming TTS, you're essentially saying trading is your business, which could potentially create complications depending on your specific visa type. The consensus here seems to be that professional help is worth it for the first year, especially given the complexity and potential audit risks. Better to get it right from the start than deal with problems later!
Great point about the visa considerations! I hadn't thought about that potential complication. As someone new to this community and relatively new to trading myself, I'm finding this whole thread incredibly educational. One question I have - for those who have gone through the MTM election process, how detailed does the documentation need to be? I keep hearing about "proper documentation" but I'm not sure what that actually looks like in practice. Are we talking about just keeping trade records, or do you need to document time spent analyzing markets, research methods, etc.? Also, @0c1c8eb3903f, you mentioned trading education being potentially deductible - does that include things like trading courses or books about technical analysis? I've spent quite a bit on educational materials this year and it would be nice to know if any of that might be recoverable down the line. Thanks everyone for sharing your experiences - this is exactly the kind of real-world insight that's so hard to find elsewhere!
Welcome to the community, @48259063b1fa! Great questions about documentation requirements. For MTM election documentation, you'll want to maintain detailed records beyond just trade confirmations. The IRS expects to see evidence that you're treating trading as a business, which includes: - Trading journals showing your analysis and decision-making process - Time logs documenting hours spent on market research and trading activities - Records of your trading strategy and any changes to it - Documentation of your workspace/office setup for trading - Evidence of continuous and regular trading patterns Regarding educational expenses - yes, trading courses, books, software subscriptions, and even market data feeds could potentially qualify as business deductions if you achieve TTS. Keep all receipts! However, remember these miscellaneous itemized deductions are currently suspended through 2025 under the Tax Cuts and Jobs Act. The key is demonstrating that your trading activities constitute a trade or business rather than just investment activity. The more professional and business-like your approach appears, the stronger your case for TTS. Since you're new to this, I'd echo what others have said about getting professional help for your first year making these elections. The upfront cost of a qualified tax professional is usually much less than the potential cost of getting it wrong and facing IRS challenges later. Good luck with your trading and tax planning!
Thanks @bf421e3da8c5 for the comprehensive breakdown on documentation! This is exactly what I was looking for. I'm curious about one specific aspect - you mentioned maintaining trading journals showing analysis and decision-making process. For someone just starting to think about TTS for next year, would it be beneficial to start keeping these detailed records now even though I'm not making any elections for 2024? I imagine having a full year of documented trading activity and business-like practices would strengthen any future TTS claim, but I don't want to create unnecessary work if it won't actually help. Also, regarding the workspace documentation - does this need to be a dedicated home office, or would documenting a specific area/desk that you consistently use for trading be sufficient? My trading setup is part of my home office that I also use for my regular job, so I'm wondering how to properly document that mixed use. Really appreciate everyone's willingness to share their experiences here. As someone new to both serious trading and this community, it's invaluable to get these real-world insights!
Did you check box 2 on your W-4? That's the box for multiple jobs or spouse works. If you didn't check that, neither employer would know to withhold extra to cover both incomes.
This! The new W-4 form is so confusing. I made the same mistake last year. You have to specifically tell them about multiple jobs or they assume your one job with them is your only income.
Ana, I completely understand your panic - I went through something very similar last year! The good news is that with your dependent situation (especially filing as Head of Household with your daughter), you're likely in a much better position than you think. A few immediate things that should help ease your worry: 1. **You probably qualify for significant tax credits** - The Earned Income Tax Credit (EITC) can be substantial for single parents in your income range, plus the $2,000 Child Tax Credit for your daughter, and potentially a $500 credit for claiming her father as a dependent. 2. **Your effective tax rate is likely lower than you fear** - After the Head of Household standard deduction ($21,900 for 2024) and credits, your actual tax liability on ~$30K might be surprisingly manageable. 3. **The IRS has payment options** - If you do owe money, you can set up an installment plan when you file. They're generally very reasonable about this, especially for first-time situations. My advice: File as soon as possible to know exactly where you stand. Don't let fear keep you from finding out the actual numbers - it's probably not nearly as scary as you're imagining. And definitely update your W-4s for both jobs this year, making sure to indicate you have multiple jobs so proper withholding happens going forward. You've got this! πͺ
Thank you so much Lucy! This is exactly what I needed to hear. I've been losing sleep over this for weeks thinking I was going to owe like $10,000 or something crazy. I'm definitely going to file ASAP - I keep putting it off because I'm scared of the number, but you're right that not knowing is probably worse than knowing. And I had no idea about the Earned Income Credit potentially being substantial for my situation. Quick question though - when I update my W-4s, should I put the same information on both forms? Or do I need to split the withholding between the two jobs somehow? I really don't want to mess this up again next year! Also, do you think it's worth paying for a tax professional this year given the complexity, or should the standard tax software handle my situation okay?
Hugh Intensity
This entire thread has been a masterclass in understanding passive income rules! As someone who just started my rental property journey six months ago, I was completely lost on these concepts until reading through everyone's experiences. The biggest revelation for me was understanding that the IRS has very specific definitions that don't always match common sense. When I first heard "passive income," I naturally thought of dividend stocks and interest from savings accounts - things that require no work on my part. Learning that these are actually "portfolio income" and can't offset rental losses was a real eye-opener. What's been most helpful is seeing how experienced landlords have developed systems to work within these rules rather than fighting them. @Max Knight's approach of building a "tax loss bank" and strategically targeting profitable properties really resonates with me. I've been so focused on finding any decent rental deal that I hadn't considered the tax implications of whether a property would generate passive income or losses. I'm definitely going to implement @Ava Thompson's tracking system suggestion - a monthly spreadsheet to categorize all income into active/portfolio/passive buckets seems like it would save massive headaches during tax season. For other newcomers reading this: the key takeaway seems to be that suspended losses aren't necessarily "bad" - they're just deferred tax benefits that you'll eventually be able to use. Understanding this system upfront helps set proper expectations rather than being surprised come tax time! Thank you all for sharing your real-world experiences - this practical wisdom is infinitely more valuable than trying to decode IRS publications alone.
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Chloe Harris
β’Welcome to the rental property world! Your summary really captures the learning curve we all go through with these passive income rules. I'm glad this thread has been helpful - when I started out two years ago, I made so many assumptions that turned out to be completely wrong. One thing I'd add to the great advice already shared: don't be afraid to start small with your tracking systems. I tried to create this elaborate spreadsheet initially and it became overwhelming. Now I just use a simple three-column setup (Active | Portfolio | Passive) that I update monthly, and it's been much more sustainable. Also, since you're just six months in, you're in a great position to set up good habits early. I wish I'd started tracking my real estate hours from day one - even if you never pursue Real Estate Professional status, having that documentation is valuable for other tax situations that might come up. The suspended loss "bank" mentality really does help with the frustration. When I see those Form 8582 numbers growing each year, I remind myself that it's future tax relief just waiting for the right opportunity to be used. Keep asking questions and learning from others' experiences - this community has been invaluable for navigating these complex rules!
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Makayla Shoemaker
This thread has been absolutely invaluable! As a newcomer to rental property investing who's been drowning in IRS publications and conflicting online advice, seeing everyone's real-world experiences laid out so clearly is a game-changer. The three-bucket system explanation (@Miguel Alvarez) finally made everything click for me - active, portfolio, and passive income as completely separate categories where losses can only offset income from the same bucket. I've been banging my head against the wall trying to figure out why my dividend income couldn't help with my rental losses, and now it makes perfect sense (even if it's frustrating!). What I'm taking away as my action plan: - Set up the monthly tracking spreadsheet to categorize all income sources - Start documenting my real estate hours in case I want to pursue Real Estate Professional status later - Think of my suspended losses as a "tax loss bank" rather than getting frustrated about them - Consider the passive income implications when evaluating future rental property purchases I'm particularly interested in the syndicated real estate investment option that several people mentioned as a way to generate passive income to offset losses. For someone just starting out, are there minimum investment amounts that typically make these accessible, or are they mainly for more established investors? Thanks to everyone for sharing your experiences so openly - this practical wisdom is exactly what new landlords need to navigate these complex tax rules!
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