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Is anyone going to mention the Foreign Investment in Real Property Tax Act (FIRPTA)? Or does that not apply since it's a US citizen selling foreign property rather than a foreigner selling US property?
Good question! FIRPTA generally applies to foreign persons selling U.S. real property interests, not U.S. persons selling foreign property. In this case, the mother is a U.S. citizen selling property in Greece, so FIRPTA wouldn't apply to her situation. What she does need to worry about is properly reporting the sale on her U.S. tax return and paying any applicable capital gains tax on the appreciation since inheritance. She'll also need to be aware of any reporting requirements for foreign accounts if the proceeds are deposited overseas before being transferred to the U.S.
One thing I haven't seen mentioned yet is the importance of getting proper documentation of the property's fair market value as of the inheritance date in 2016. Since Greece may not have the same appraisal systems we're used to here, your mom should try to gather any official valuations, tax assessments, or comparable sales data from around that time to support the stepped-up basis calculation. Also, she should keep detailed records of any improvements or maintenance she's done to the property since inheriting it, as these costs can potentially be added to her basis and reduce the taxable gain. Even if she hasn't physically been there, any money spent on upkeep, repairs, or improvements through a property management company would count. The currency conversion aspect is tricky too - she'll need the EUR/USD exchange rates for both the 2016 inheritance date and the sale date. The IRS has historical exchange rate tables on their website that are considered official for tax purposes, so make sure to use those rather than just any online converter.
This is really helpful advice about the documentation! I'm wondering though - what happens if she can't find good records of the 2016 value? My understanding is that Greek property records might not be as detailed as what we're used to in the US. Would the IRS accept something like a real estate agent's estimate from that time period, or do they require more official documentation like tax assessments? Also, regarding the currency conversion - should she use the exchange rate from the specific date she inherited it, or would an average rate for that month/year be acceptable? I know the IRS can be pretty strict about these details, especially with international transactions.
Protip: If you have the IRS2Go app, sometimes it updates with your refund status a day or two before the transcript shows changes. Mine showed "refund approved" on the app while my transcript was still processing, and it gave me the correct post-offset amount. Might be worth checking both if you're anxiously waiting like I was!
Does the app show the breakdown of the offset though? Like will it tell you exactly how much went to the loans vs how much you're getting back? Or does it just show the final amount?
I went through this exact situation two years ago with defaulted student loans! Here's what I learned: Your transcript will show the full refund amount first with a deposit date, but then it gets updated to show the reduced amount after the offset is processed. The key thing to watch for is transaction code 898 on your transcript - that's the offset code. What really helped me was calling the Treasury Offset Program at 800-304-3107. You can enter your SSN and get automated info about any pending offsets without waiting on hold. They'll tell you exactly which agency is claiming money and approximately how much. For your car repairs situation, definitely look into the hardship refund option someone mentioned earlier. Since you need your car operational, that could qualify as a legitimate hardship. Contact your loan servicer directly and ask about their offset hardship refund process - the worst they can say is no, but you might get some of that money back faster than waiting for your regular payment plan. Good luck! The waiting and uncertainty is definitely the worst part, but at least once you know the numbers you can plan accordingly.
This is super helpful, thank you! I had no idea about that Treasury Offset Program number - definitely calling that today. Just to clarify though, when you say the transcript shows the "full refund amount first with a deposit date" - does that mean I might see a deposit date for like $4,500 (my expected refund) and then a few days later it changes to show only $2,000 after the offset? I'm trying to mentally prepare myself for either scenario since I really need to know what I'm working with for these car repairs.
this is getting rediculous... its MY money and I need it NOW! š¤
I'm in the same situation - filed on 1/25 and still showing "processing" on FTB. Really appreciate the tax professional's insight about the 4-6 week timeline due to fraud prevention. At least now I know it's not just me and there's a legitimate reason for the delay. Hoping we all see some movement soon!
My CPA told me that most real estate partnerships are considered "trades or businesses" by the IRS even if they're just holding properties for appreciation. The activities involved in selecting properties, managing investments, etc. often cross the threshold into business activities. If you're really trying to avoid SE tax, have you considered restructuring as an S-Corp instead? The partnership could distribute profits as distributions rather than guaranteed payments which wouldn't be subject to SE tax.
The Section 707(c) analysis is crucial here, but there's another angle to consider - the "material participation" test from Section 469. Even if your partnership is primarily holding real estate investments, if the partner receiving guaranteed payments materially participates in the partnership activities (which could include investment selection, property management decisions, financing arrangements, etc.), those guaranteed payments will likely be subject to SE tax. The IRS has been pretty aggressive in recent years about treating real estate investment activities as trades or businesses, especially when there's active management involved. Even if you're holding properties long-term, activities like tenant relations, maintenance oversight, refinancing decisions, or regular investment analysis can push you into "business" territory. Before restructuring, I'd strongly recommend getting a private letter ruling from the IRS if the amounts are significant. The cost of the ruling might be worth it compared to potential penalties and interest if you guess wrong on the SE tax treatment.
This is exactly the kind of comprehensive analysis that's been missing from this thread! The material participation angle is huge and often overlooked. I've seen too many partnerships assume they're just "passive investors" when they're actually heavily involved in management decisions. The private letter ruling suggestion is spot on, especially given how much the IRS guidance has evolved on real estate partnerships. The cost of a PLR (usually $10k-15k) seems steep but it's nothing compared to getting hit with SE taxes, penalties, and interest on guaranteed payments that should have been structured differently from the start. One thing to add - if you do go the PLR route, make sure your facts are crystal clear about what activities the partnership actually performs versus what it plans to perform. The IRS will scrutinize every detail of your operations when making their determination.
Derek Olson
This is such a common situation! I went through the exact same thing when I got married in 2020. The key thing to understand is that your filing status (married filing jointly) and your W4 withholding are two different things that need to work together. Since you've been filing jointly successfully, that part is fine. The issue is that if you're still withholding as "single" on your W4 while your husband withholds as "married," you're probably in a pretty good spot actually. The "single" rate withholds more aggressively, which can offset the underwithholding that often happens when both spouses select "married." However, the safest approach is to update both your W4s using the current form. As others mentioned, either check Step 2(c) on both forms or use the IRS Tax Withholding Estimator. Don't stress too much about the years you didn't update it - if your tax returns came out fine, you were probably withholding appropriately by accident! I'd recommend running the numbers through the IRS calculator now to see where you stand for this year, and then update your W4 based on those results.
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Zara Mirza
ā¢This is really helpful perspective! I never thought about how withholding as "single" while my husband withholds as "married" might actually be balancing things out. That could explain why our tax returns have been okay these past few years even though I never updated my W4. I'm definitely going to run our numbers through the IRS Tax Withholding Estimator like you suggested to see where we actually stand for this year. Better to know now than get surprised at tax time! Thanks for the reassurance that I haven't completely messed things up by waiting so long to address this.
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James Martinez
You're definitely not alone in this situation! I made the same mistake when I got married in 2019 and didn't update my W4 for almost two years. The good news is that if your joint tax returns have been coming out okay, you might have accidentally found a decent balance. Here's what I learned: when one spouse withholds as "single" (higher withholding rate) and the other as "married" (lower rate), it can sometimes work out better than both selecting "married" which often leads to underwithholding. That said, you should definitely get this sorted properly. I'd recommend using the IRS Tax Withholding Estimator tool - it's free and will give you personalized recommendations based on both your incomes. You can find it by searching "Tax Withholding Estimator" on irs.gov. The current W4 form is much better designed for dual-income households than the old version. If you both have just one job each, you can simply check the box in Step 2(c) on both your W4s. This tells the system to account for the second income and withhold appropriately. Don't stress too much about the past few years - focus on getting it right going forward so you avoid any surprises next tax season!
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