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Can I claim a loss on the sale of a property I held for investment after moving out? Not using as a second home.

I've been trying to find an answer to my specific situation but haven't seen anything similar. We moved out of the city in late 2021 when prices were tanking because of the pandemic. We bought our current home in the suburbs and made it our primary residence, but we held onto our old condo downtown for about 15 months before finally selling it at a significant loss (over $95,000). Here's the thing - during that 15-month period after moving out, we NEVER used the condo for personal use. We had it professionally staged for selling (with rented furniture), and the staging company's contract actually prohibited us from staying there or using it at all. We were basically just holding onto it hoping the market would recover enough to minimize our loss, which it did somewhat, but we still took a big hit. So I'm confused about the tax classification here. This doesn't seem like a "second home" since we never once stayed there after moving. We weren't renting it out either, so it wasn't technically an income-producing property. But we were definitely holding it purely as an investment hoping for price recovery. Can I claim this as an investment loss? We paid about $1,450/month in HOA fees plus another $21,000 in staging and selling expenses over that period. The loss is very material to our finances. Does anyone know what tax rules apply to this specific scenario or can point me to some authority on it? Thanks for any help!

Omar Zaki

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one other thing to consider is the state tax implications. Some states hav different rules for investment property losses than the federal government. I had a similar situation in California and was able to deduct the loss federally but not on my state return because they had different standards for what constituted an investment property vs personal residence. might want to check your state rules too.

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AstroAce

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This is a really good point. New York (assuming that's where OP's property was since they mentioned NYC) sometimes has different rules. I sold a property in NYC last year and had to navigate this exact issue. You should definitely consult with someone familiar with NY state tax law.

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GalacticGuru

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Based on everything discussed here, it sounds like you have a strong case for treating this as an investment property loss. The key factors working in your favor are: 1) Clear establishment of a new primary residence when you moved to the suburbs, 2) Zero personal use of the downtown condo after moving out, 3) Documentation showing investment intent (the staging contract prohibiting personal use is particularly compelling), and 4) The 15-month holding period demonstrating you were waiting for market conditions to improve. For reporting, you'll use Form 8949 and Schedule D to claim this as a long-term capital loss. The $95,000+ loss is substantial and can offset other capital gains or up to $3,000 of ordinary income annually (with carryforward for the remainder). Don't forget that your selling expenses and some of the carrying costs during that 15-month period may also be deductible. I'd recommend keeping detailed records of everything - the staging contract, utility bills showing minimal usage, communications with your realtor about market timing, and any other evidence that supports your investment intent. This documentation will be crucial if the IRS questions the classification. Given the complexity and the large loss amount, it might also be worth having a tax professional review your specific situation to ensure everything is reported correctly.

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Mei Wong

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This is really comprehensive advice! I'm new to dealing with investment property losses, but I have a related question - what happens if you can't use all of the capital loss in one year? You mentioned carryforward, but is there a limit to how many years you can carry it forward? With a loss this large ($95,000+), it seems like it would take quite a while to use it all up at $3,000 per year against ordinary income.

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Has anyone actually transferred from a Coverdell to a 529? I'm wondering about the practicalities. Do you just call your 529 provider and tell them you want to do a rollover? Does the Coverdell administrator handle it? I'm confused about the actual process.

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Amina Diop

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I did it last year. The process varies by institution, but I had to: 1) Open a 529 account first (if you don't already have one) 2) Contact the Coverdell administrator and request a "direct rollover to a 529 plan" 3) Fill out their rollover form which required the 529 account info 4) They sent the check directly to the 529 plan (not to me) 5) Had to note it was a Coverdell rollover on my taxes, but no tax was due The whole thing took about 3 weeks to complete. Make sure you never take possession of the money yourself or it could be considered a distribution!

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Thank you so much for sharing your experience! That's exactly what I needed to know. I was worried I might accidentally trigger taxes if I did it wrong. I'll make sure to follow those steps so the money goes directly from one plan to the other.

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Ryan Andre

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One important consideration that hasn't been mentioned yet is the impact of Required Minimum Distributions (RMDs) on inherited accounts. If you pass away before the funds are used, Coverdell ESAs have stricter rules - the beneficiary must use the funds by age 30 or face penalties. With 529 plans, there's more flexibility for inheritance planning since there's no age limit. Also, many states offer additional tax benefits for 529 contributions that don't apply to Coverdell ESAs. Since you mentioned your daughter starts college in 3 years, you might want to calculate whether any state tax deductions for future 529 contributions would outweigh keeping the current setup. The certificate renewal timing actually gives you a good opportunity to reassess. If you're not planning to make additional contributions beyond the $2,000 annual Coverdell limit, and your state offers 529 tax benefits, the rollover might make sense. But if the investment options in your current Coverdell are performing well and you like the flexibility, staying put could be fine too.

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This is really helpful information about the inheritance aspects! I hadn't even thought about what happens if something happens to me before my daughter uses the money. The age 30 rule for Coverdell accounts is definitely something to consider from an estate planning perspective. Do you know if there are any differences in how these accounts are treated for financial aid purposes? I'm starting to worry about FAFSA implications since she'll be applying for college soon. I've heard conflicting information about whether parent-owned 529s vs Coverdell ESAs are treated differently when calculating expected family contribution.

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I went through this exact situation with our drama club booster organization two years ago. The rejection of our 1023-EZ was devastating at first, but it turned out to be a blessing in disguise because we learned so much about the process. First, don't give up on the EZ form yet! Many rejections are due to simple errors or misunderstandings rather than actual ineligibility. The most common issues I've seen are: incorrectly reporting gross receipts (including anticipated future income instead of actual past income), checking the wrong boxes about organizational structure, or not properly explaining your exempt purposes. Before paying the $875 for the full 1023, I'd strongly recommend getting a consultation with someone who specializes in nonprofit applications. Even if it costs $200-300, it's much less than the full form fee and they can often identify exactly what went wrong. Also, consider reaching out to other successful booster clubs in your area - many are happy to share their experiences and some might even let you review their approved applications as examples. Our state music educators association had a whole resource section with sample documents that proved invaluable. The nonprofit status is absolutely worth pursuing for the long-term credibility and tax benefits, especially as your organization grows. Don't let one rejection discourage you from what should be a straightforward process with the right guidance!

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This is such helpful advice! I'm curious about the state music educators association resources you mentioned - did they have specific templates or just general guidance? Our state association website doesn't seem to have much information about the nonprofit application process, but maybe I'm not looking in the right place. Also, when you mention "incorrectly reporting gross receipts," do you mean we should only include actual past income and not projected fundraising goals? That might be where we went wrong since we included our fundraising targets for the year.

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Yes, exactly! The gross receipts should only include actual income from the past three years, not projected or anticipated income. That's a very common mistake that triggers automatic rejection of the 1023-EZ. The IRS is very strict about this - they want to see your organization's actual financial history, not your hopes for future fundraising. Regarding state association resources, try searching for "booster club" or "parent organization" resources rather than just general nonprofit info. Many state education associations have these buried in their governance or legal sections. You might also try contacting them directly - I found that calling and explaining our situation got me connected to someone who had dealt with this exact issue before. Another tip: if you do need to resubmit, make sure your organizational documents (bylaws, articles of incorporation) are crystal clear about your exempt purposes. The IRS wants to see that you exist specifically to support educational activities, not just general fundraising for the school.

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Natalie Adams

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I'm going through something very similar with our volleyball booster club right now! We also had our 1023-EZ rejected and were told we'd need to file the full 1023 with that hefty fee. Reading through all these responses has been incredibly helpful - I had no idea there were so many resources available. One thing I wanted to add that might help others: our rejection came with a very generic letter that didn't specify the exact issue. After reading the comments here about contacting the IRS directly, I'm definitely going to try using Claimyr to actually get through to someone who can explain what went wrong. The idea of waiting on hold for hours has been keeping me from trying, but if they can get me connected to the right department quickly, that seems worth the cost. I'm also curious about the fiscal sponsorship option that was mentioned - has anyone here actually used that arrangement? It sounds like it might be a good interim solution while we figure out whether to pursue our own 501(c)(3) status or just operate under another organization's umbrella permanently. Thank you everyone for sharing your experiences - it's reassuring to know we're not alone in dealing with this frustrating process!

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22 Has anyone here actually had their S-Corp inventory donation audited? I'm worried about the documentation requirements and wondering how strict the IRS really is about proving the cost basis.

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5 While I haven't personally seen an audit specifically targeting S-Corp inventory donations, I have seen broader S-Corp audits where charitable contributions were examined. The IRS definitely looks for proper substantiation. Make sure you have: 1) Original cost records for the inventory, 2) A contemporaneous written acknowledgment from the charity, 3) Completed Form 8283 if over $500, and 4) A qualified appraisal if the claimed deduction is over $5,000. The most common mistake I see is failing to get that qualified appraisal for larger donations, which can result in the entire deduction being disallowed.

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22 Thanks for the breakdown. I didn't realize I'd need a qualified appraisal if the deduction is over $5,000. That's really helpful to know before I proceed with this donation.

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Derek Olson

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One thing I haven't seen mentioned yet is the potential impact on your S-Corp's ordinary income when you donate inventory. When you donate inventory at cost basis, you're essentially removing it from your books without recognizing any income from a sale. This means you won't have to pay taxes on profit you would have made if you sold the inventory instead. However, you also need to consider whether the inventory donation makes sense from a cash flow perspective. You're giving up the cost basis as a deduction, but you're also not getting any cash from a sale. Make sure the tax benefit to you and your fellow shareholders justifies not pursuing other options like discounted sales or liquidation. Also, don't forget to properly remove the donated inventory from your books and adjust your inventory accounting accordingly. This should be done in the same tax year as the donation to ensure everything aligns properly on your 1120-S.

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ThunderBolt7

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That's a really insightful point about the cash flow implications that I hadn't fully considered. You're right that we need to weigh the tax benefit against the lost opportunity to generate actual cash from selling the inventory, even at a discount. One follow-up question - when you mention adjusting inventory accounting, do you mean we need to make a journal entry to write off the inventory cost as a charitable contribution expense? Or is there a specific way S-Corps are supposed to handle the book entry for donated inventory to ensure it flows through correctly to the K-1? I want to make sure our bookkeeper handles this properly so there aren't any issues when our CPA prepares the 1120-S.

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Mila Walker

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This is a complex situation that highlights why proper documentation is so critical in horse racing partnerships. From what you've described, you're likely in a de facto partnership regardless of whether the main owner acknowledges it formally. A few key considerations: 1. **The deceased horse loss**: Document everything - purchase agreements, vet bills, training expenses, insurance claims if any. This should be deductible as an ordinary business loss if you can demonstrate business intent (which the fact that you immediately purchased another horse helps establish). 2. **Partnership vs. Schedule C**: While technically this sounds like a partnership, if the majority owner refuses to file partnership returns, you may need to report your share on Schedule C. Keep meticulous records of all expenses, income, and communications showing your active involvement in business decisions. 3. **Travel expenses**: These are generally deductible if the primary purpose is business-related (checking on your investment, meeting with trainers, evaluating performance). Keep detailed records of the business purpose for each trip. 4. **Documentation strategy**: Even without formal partnership papers, create a written agreement outlining ownership percentages, profit/loss sharing, and decision-making authority. This helps establish legitimate business intent. Consider consulting with a tax professional who has experience with horse racing activities - this isn't a DIY situation given the complexity and potential audit risk.

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This is really helpful advice! I'm curious about the audit risk you mentioned - are horse racing activities particularly scrutinized by the IRS? Also, when you say "create a written agreement" even after the fact, wouldn't that look suspicious if audited since it wasn't done at the time of purchase? I'm worried about doing anything that might make the situation look manufactured rather than genuine.

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CosmicCowboy

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@6c8b604cd9c9 You're absolutely right to be cautious about documentation timing! Horse racing activities do face higher scrutiny because the IRS is well aware that many people treat it as a hobby while claiming business deductions. The key is authenticity - any written agreement should reflect the actual understanding you had from the beginning, not create new terms. For audit protection, focus on documenting your existing business relationship rather than manufacturing one. Things like: email chains showing your involvement in training decisions, records of you visiting the horses, communications about racing strategy, financial tracking of your investment returns. The IRS wants to see genuine business activity and profit motive. If you do create a written agreement, frame it as "memorializing our existing understanding" rather than establishing new terms. Include details that reflect what actually happened - like how you split the costs of the deceased horse, how decisions were made about the second purchase, your agreed ownership percentage, etc. This shows you're documenting reality, not creating fiction. The audit risk is manageable if you have legitimate business intent and proper records. Just avoid the common red flags like claiming huge losses year after year with no realistic path to profitability.

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One thing that hasn't been mentioned yet is the importance of establishing your material participation in the horse racing activity. Even if you're a 25% minority owner, if you can demonstrate that you materially participate in the business (more than 500 hours per year, or if this is your primary business activity), it can help classify your involvement as active rather than passive. This distinction is crucial because active participants can deduct losses against other income, while passive activity losses are generally limited to passive income. Given that you live in a different state, documenting your involvement becomes even more important - keep records of phone calls with trainers, time spent researching bloodlines, reviewing race schedules, analyzing performance data, etc. Also, regarding the LLC question - while it won't change your tax treatment unless you elect different status, it could provide liability protection if the horse injures someone or causes property damage. Horse racing does carry inherent risks that personal liability insurance might not fully cover. For the immediate tax situation, I'd recommend filing Form 8275 (Disclosure Statement) along with your return to explain your position on reporting the income/expenses without a K-1. This shows good faith compliance and can help avoid penalties if the IRS later determines different treatment was required.

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Ravi Kapoor

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This is excellent advice about material participation! I hadn't considered the 500-hour test, but that makes total sense for determining active vs passive status. For someone in OP's situation living out of state, documenting those hours becomes crucial - even research time and phone consultations should count toward material participation. The Form 8275 disclosure is a smart protective measure too. It shows the IRS you're aware of potential reporting issues and are making a good faith effort to comply despite not receiving proper documentation from your business partner. One question about the LLC liability protection - would that actually help in a situation where you're only a 25% owner? I'm wondering if the majority owner's insurance policies would already cover incidents involving the horse, or if minority owners need their own separate coverage.

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