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This is such a helpful thread! I'm dealing with a similar situation but with a twist - I inherited my rental property from my grandmother in 2019 and have been depreciating it since then. When I sell it, do I only pay the 25% recapture rate on the depreciation I've taken since inheriting it, or does it somehow include depreciation she took before I inherited it? The property had a stepped-up basis when I inherited it, so I'm hoping that means I'm only on the hook for my own depreciation recapture. But I want to make sure I'm calculating this correctly before I put it on the market next month.
Great question about inherited property! You're correct that the stepped-up basis when you inherited the property in 2019 essentially "resets" your depreciation recapture liability. You'll only owe the 25% unrecaptured Section 1250 gain rate on the depreciation YOU have taken since inheriting it, not any depreciation your grandmother claimed before you inherited it. This is one of the major tax advantages of inheriting investment property versus receiving it as a gift. The stepped-up basis eliminates the previous owner's accumulated depreciation for recapture purposes. So if you've been depreciating the property for about 5 years since 2019, you'll only be subject to recapture on that amount when you sell. Just make sure to keep good records of the property's fair market value at the time of inheritance (which became your basis) and all the depreciation you've claimed since then. This will make the calculation much cleaner when it's time to file.
This thread has been incredibly helpful! I'm currently going through a similar situation with a triplex I bought in 2018. One thing I want to add that might help others - make sure you're keeping detailed records of any capital improvements you made during ownership, as these can actually reduce your depreciation recapture amount. For example, if you replaced the roof, upgraded electrical systems, or made other substantial improvements that extend the property's useful life, these costs get added to your basis and aren't subject to the 25% recapture rate. Only the depreciation on the original structure and components gets hit with that rate. I learned this the hard way when I initially calculated my potential tax liability without accounting for about $35,000 in improvements I'd made over the years. Those improvements reduced my recapture by quite a bit! Just wanted to mention this since Emma's situation might benefit from reviewing any major improvements made to that 4-unit building.
This is such a great point about capital improvements! I'm actually in a similar boat - bought a small apartment building in 2019 and have done several major renovations. I kept all the receipts but wasn't sure how they factored into the depreciation recapture calculation. Quick question though - do smaller improvements like painting, carpet replacement, or appliance upgrades count toward reducing recapture? Or does it have to be major structural stuff like roofs and electrical systems? I probably have another $15,000 in what I'd call "maintenance improvements" but I'm not sure if those qualify for basis adjustments or if they were just regular deductible expenses. Also, do you happen to know if there's a minimum dollar threshold for improvements to count? Thanks for sharing this insight - it could potentially save me quite a bit!
Just be careful with the depreciation calculations if the property was already being depreciated before it went into the trust. When I inherited a rental through a trust, I messed up by starting depreciation from the full value again instead of continuing the existing depreciation schedule. Also, keep in mind that when you transfer property from a trust to a beneficiary, it's generally not considered a sale, so there's no "step-up" in basis. Your husband will continue the same depreciation schedule that the trust was using, not start over with the current market value.
Is that always true though? I thought grantor trusts and non-grantor trusts have different rules about basis when property is distributed. Some types of trusts do get a step-up when the grantor dies, right?
You're absolutely right to bring that up! The basis rules do depend on the type of trust. For revocable trusts (grantor trusts), assets typically do get a stepped-up basis when the grantor dies, so the beneficiary would start with the fair market value at death rather than the original cost basis. However, for irrevocable trusts, the rules are different - beneficiaries usually receive a carryover basis (the trust's basis) rather than stepped-up basis. Since Oliver mentioned this was his father-in-law's trust and they had to transfer the property to his husband as the beneficiary, it sounds like this might have been created after the father-in-law's death, but the specific type of trust and timing would determine the basis rules. @a85248d287e9 - you might want to check what type of trust this was and whether it was funded before or after your father-in-law passed away, as this will affect how you calculate the depreciation basis going forward.
Great question about trust taxation! I went through something very similar when my grandmother's trust had rental income before we could transfer the property. You're on the right track with your thinking. Yes, you can absolutely deduct all those legitimate rental expenses on the 1041 - depreciation, utilities, maintenance, and the attorney fees for the property transfer are all deductible. The attorney fees would go under administrative expenses since they relate to trust administration. If your deductions bring the trust income below $600, you're technically not required to file a 1041. However, I'd strongly recommend filing anyway, especially since you're dealing with a property transfer. It creates a clean paper trail and properly documents the trust's final activities. Regarding adding the income to your personal return instead - unfortunately, that's not how trust taxation works. The trust is a separate tax entity, so the income it earned while it owned the property must be reported on a 1041. Your husband will receive a K-1 showing his share (100% as sole beneficiary), and that flows to your joint return. One thing to consider: make sure you're handling the depreciation correctly during the transition period. The trust can claim depreciation for the months it owned the property, then your husband continues the depreciation schedule (with the same basis) after the transfer. Filing a final 1041 marked as "Final Return" will officially close out the trust's tax obligations. It's worth doing it right to avoid any future complications!
This is exactly the kind of comprehensive answer I was hoping to find! Thank you for breaking down all the different aspects - the deduction rules, filing threshold considerations, and especially the point about trust taxation being separate from personal returns. I hadn't thought about the depreciation transition period, but that makes total sense. So we'd calculate depreciation for the trust for January through March (when it owned the property), then my husband would continue the same schedule starting in April when he took ownership? One quick follow-up: when you say "same basis" for continuing the depreciation schedule, does that mean he uses whatever the trust's adjusted basis was at the time of transfer, or does he get any kind of step-up since this was an inherited property situation? The final return approach sounds like the cleanest way to handle this. Thanks for the detailed guidance!
Yes, exactly! You'd calculate depreciation for the trust for the period it owned the property (January-March), then your husband continues from April forward using the same depreciation schedule and method. Regarding the basis question - this depends on the type of trust and when it was created. If this was a revocable trust that became irrevocable when your father-in-law passed away, the property likely received a stepped-up basis to fair market value at the date of death. In that case, your husband would continue depreciation using that stepped-up basis. However, if it was already an irrevocable trust during your father-in-law's lifetime, then it would typically be carryover basis. You'll want to check the trust documents and determine when the property was transferred into the trust to know for sure. Either way, your husband doesn't get a new step-up just from the trust-to-beneficiary transfer - he continues with whatever basis the trust had at the time of distribution. Make sure to get the trust's depreciation records so you can continue the schedule properly without missing any deductions or accidentally double-counting anything. The final 1041 with proper K-1 documentation will make this much cleaner for everyone involved!
5 Does anyone know if I need a business license for reselling clothes online? I'm making about $500/month now and getting worried I'm missing something important tax-wise.
17 It depends entirely on your state and local regulations. Some cities require business licenses even for small side hustles, while others have minimum income thresholds before you need one. I'd check your specific city's website for "home-based business regulations" to be sure. For tax purposes though, you definitely need to report the income on your tax return regardless of having a business license. You'd use Schedule C to report income and expenses.
Great question! For someone just starting out with reselling, I'd recommend keeping it simple at first. Start tracking all your expenses immediately - even basic things like shipping supplies, postage, and any fees from selling platforms. Use a simple spreadsheet or even just save all your receipts in a folder. The home office deduction is tricky for most resellers because you need a space used EXCLUSIVELY for business. Your bedroom doesn't count if you also sleep there. However, you can still deduct legitimate business expenses like packaging materials, shipping costs, selling platform fees, and mileage for post office trips. Since you're making $200-300/month, you're definitely over the threshold where you need to report this income on your taxes (Schedule C). The good news is that proper record-keeping of expenses can significantly reduce the amount of tax you'll owe on that income. Start now and you'll thank yourself come tax season!
This is really helpful advice! I'm in a similar situation and had no idea I needed to report income under $600. Quick question - when you mention mileage for post office trips, do I need to track every single trip or can I estimate at the end of the year? I probably make 2-3 trips per week but haven't been writing anything down.
This is exactly the kind of confusion that trips up so many small business owners! You're absolutely right that as a sole proprietor LLC filing Schedule C, you most likely don't have an applicable financial statement under IRS definitions. I went through this same issue last year with some photography equipment purchases. What really helped me was creating a simple spreadsheet to track all my options: 1) **Regular depreciation** - 5 years for computer equipment 2) **Section 179 expensing** - Full deduction in year of purchase (up to $1.16M limit for 2024) 3) **Bonus depreciation** - Currently 60% in 2024, then 40% in 2025 For your $3,200 items, Section 179 is probably your best bet since you can expense the full amount immediately. Just make sure you're using the equipment primarily for business (over 50% business use) and that you place it in service during the tax year you want to claim the deduction. One thing that caught me off guard - make sure you have that written de minimis policy in place by the beginning of your tax year if you want to use any safe harbor elections going forward. Even though it won't help with your current purchases, it's good to have documented for future years.
This is really helpful, Oliver! I'm curious about that written policy requirement you mentioned - is this something I can still create retroactively for this tax year, or would it only apply going forward? Also, when you say "primarily for business," does that mean exactly 50.1% business use, or is there more flexibility in how you document and calculate business vs personal use percentages for equipment like workstations?
The applicable financial statement (AFS) requirements really are a major hurdle for small businesses like yours. As others have mentioned, you likely don't qualify for the $5,000 threshold since sole proprietors typically don't have audited financials or SEC filings. However, I'd suggest looking beyond just Section 179 and bonus depreciation. Have you considered whether your equipment might qualify for the Research & Development credit if you're using it for developing new products or processes? Also, if any of your equipment has dual-use capabilities (like a workstation that can also function as a server), you might want to document the business percentage carefully. One practical tip: start a detailed usage log now for all your equipment. Track business vs personal use for at least 90 days to establish a clear pattern. This documentation will be invaluable if you're ever audited, regardless of which depreciation method you choose. The IRS loves detailed contemporaneous records, and it can make the difference between having your deductions accepted or challenged. For next year, definitely implement that written de minimis policy that others mentioned - it needs to be in place at the beginning of the tax year to be valid.
Great point about the R&D credit - that's something I hadn't even thought about! I do use my workstations for developing custom software solutions for clients, so there might be an opportunity there. The usage log idea is brilliant too. I've been pretty casual about tracking business vs personal use, but you're right that detailed documentation could save me a lot of headaches down the road. Do you have any recommendations for apps or methods to track this efficiently? I'm thinking something that can automatically log which applications I'm using or time spent on different projects would be ideal. Also, regarding the dual-use documentation - my server does occasionally handle personal file storage alongside business functions. Should I be concerned about this affecting my ability to claim the full business deduction, or is it more about the primary use being business-related?
Ryan Young
Has anyone used TurboTax to handle this situation? I've got almost the identical scenario (seller paid part of my points) but I can't figure out where to enter the points not on the 1098. The software keeps wanting me to just enter what's on the form.
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Sophia Clark
ā¢In TurboTax, you need to go to the "Deductions & Credits" section, then "I'll choose what I work on," then "Mortgage Interest and Refinancing." After entering your 1098 info, there should be a question about whether you paid additional mortgage expenses not shown on Form 1098. Select "Yes" and you'll get a screen where you can enter the additional points amount.
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Ava Thompson
I actually had a very similar situation when I bought my house two years ago. The key thing that helped me was understanding that seller-paid points are treated differently than if you had just negotiated a lower purchase price. What you're describing is exactly right - report the $6,500 from your 1098 on Schedule A line 8a, and the additional $6,000 on line 8c. The basis adjustment is crucial because when you eventually sell, you'll need to account for the fact that the seller effectively paid part of your mortgage costs. One thing I'd add is to keep really good documentation of this transaction. Save your closing disclosure, the 1098, and any notes about how the seller credit was applied. I've heard that this particular scenario sometimes gets flagged for review because the IRS wants to make sure people aren't double-counting deductions. Also, make sure the $6,000 was actually applied to points and not just general closing cost credits. Your closing statement should clearly show this breakdown. If it's ambiguous, you might want to get clarification from your lender or closing attorney before filing. Overall though, your understanding sounds spot-on. It's one of those tax situations that seems complicated but is actually pretty straightforward once you understand the logic behind it.
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Talia Klein
ā¢This is really helpful, especially the part about keeping good documentation. I'm wondering - when you say the IRS sometimes flags this scenario for review, what kind of questions do they typically ask? I want to make sure I have everything organized properly in case they do reach out. Also, did you run into any issues with your tax software recognizing the seller-paid points, or did you have to manually override something? I'm using FreeTaxUSA and want to make sure I'm entering everything in the right place.
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