


Ask the community...
Has anyone ever successfully used Form 8082 to take a position contrary to their K-1? My CPA says I should just go with what the partnership reports and not try to recharacterize anything on my personal return.
I've used Form 8082 before when I disagreed with how my K-1 characterized certain income. It's definitely an option, but be prepared for potential pushback. Make sure you have solid documentation for your position because it will likely trigger additional scrutiny. In my case, it was about passive vs. non-passive characterization too.
Thanks for sharing your experience. Did filing the 8082 trigger an audit or any follow-up questions from the IRS? I'm worried about creating unnecessary attention but also want to take the correct position on my tax return.
Your instincts are absolutely correct to question this approach. The self-rental rule is pretty clear - when you rent property to a business you materially participate in, that rental income becomes non-passive regardless of other elections or designations. This is codified in Reg. 1.469-2(f)(6) and is designed to prevent exactly what your CPA is suggesting. The Real Estate Professional safe harbor (Section 469(c)(7)) can help recharacterize your residential rental losses from passive to non-passive if you meet the 750-hour test and materially participate. However, this doesn't change the fact that your LLC #2 income from renting to LLC #1 is already non-passive due to the self-rental rules. Here's the key issue: even if both activities end up being non-passive, you still need to consider whether they can be properly grouped together under the activity grouping rules. The IRS looks at factors like geographical location, interdependence, and whether they form an "appropriate economic unit." Your CPA's immediate suggestion to file an extension when questioned is a red flag. A competent tax professional should be able to explain their reasoning clearly, especially on something as fundamental as passive activity loss rules. I'd strongly recommend getting a second opinion from a CPA who specializes in real estate taxation before proceeding with this strategy.
This is exactly the kind of detailed explanation I was hoping to find! The regulation citation (1.469-2(f)(6)) is really helpful - I can reference this when discussing with my CPA. You mentioned that even if both activities are non-passive, the grouping rules still matter. Could you elaborate on what would make these activities NOT qualify for grouping? For instance, if the LLCs and personal rental properties are all in the same city, would geographical location support grouping them together? Also, when you say the CPA's response is a red flag - I'm definitely feeling that way too. She's made several other questionable decisions this year that have me concerned. Do you have any recommendations for finding a CPA who specializes specifically in real estate taxation? I feel like I need someone who deals with these complex scenarios regularly rather than a generalist.
Has anyone used a CPA who specializes in rental property? That part of my taxes always confuses me with depreciation and repairs vs improvements.
I use Howard Gittelman in NJ (works remotely with clients nationwide). He specializes in real estate investors and has saved me thousands on my rental properties. He knows all the depreciation tricks and how to maximize deductions for repairs vs. capital improvements. Worth every penny!
I'm in a really similar situation - self-employed with rental income and my spouse has a side business too. After years of doing my own taxes and worrying I was missing things, I finally bit the bullet and hired a CPA who specializes in small business and real estate. One thing I'd definitely recommend is asking potential CPAs about their process for year-round planning, not just tax prep. The CPA I work with sends me quarterly reminders about estimated payments and checks in before major financial decisions to discuss tax implications. That proactive approach has been worth its weight in gold. Also, don't be afraid to interview a few different CPAs before choosing. Most will offer a brief consultation to discuss your situation and their services. I talked to three before finding the right fit - someone who explained things clearly and seemed genuinely interested in helping me optimize my tax strategy rather than just filling out forms. The investment has paid for itself through better organization, strategic planning, and peace of mind. Good luck with your search!
This is exactly what I needed to hear! I've been doing my own taxes for years but I'm definitely at the point where the complexity is overwhelming me. The quarterly check-ins sound really valuable - I always forget about estimated payments until it's too late. How did you find CPAs to interview? Did you just search online or get referrals? I'm worried about ending up with someone who doesn't really understand the nuances of freelance work combined with rental property income.
I'm still confused about the practical side of tracking all this. I place hundreds of bets throughout the year on different apps. Am I really expected to log every single one manually? That seems insane.
Most of the major betting apps/sites have an option to download your annual betting history as a CSV or PDF. Usually under Account ā History ā Tax Documents or something similar. I download mine quarterly so it's easier to manage. Then I just use a spreadsheet to separate wins and losses.
That's super helpful, thanks! I didn't realize you could download everything like that. Definitely going to check that option on my apps.
Just want to add a quick tip for anyone dealing with this - make sure you keep records of your deposit and withdrawal amounts too, not just individual bets. The IRS considers your "session" winnings and losses, so if you deposit $500, bet it all on various games, and cash out $800, that $300 difference is what matters for tax purposes in many cases. But you still need the detailed bet-by-bet records to support your calculations. Also, don't forget about any bonuses or free bets you received - those count as income when you use them, even if you didn't deposit your own money. I learned this the hard way when I got audited and had to explain $2,000 in "mystery" winnings that were actually from signup bonuses I'd forgotten about. The key is being consistent in your record-keeping method. Whether you track every single bet or go by session totals, just make sure you can justify your numbers if the IRS comes asking.
This is really valuable info about the session-based tracking! I had no idea bonuses counted as income when used. Quick question - if I received a $100 free bet bonus but only won $50 when I used it, do I report the $100 bonus as income or just the $50 actual winnings? And do I get to deduct anything for the "loss" on the free bet portion?
Just wanted to add another perspective on the MPF withdrawal taxation. I handled a similar situation for my client who moved from Hong Kong to the US in 2022. One thing that often gets overlooked is that you may need to file Form 8938 (Statement of Specified Foreign Financial Assets) if your MPF account balance exceeded certain thresholds before withdrawal. Even though you've withdrawn the funds, the IRS still wants to know about foreign accounts you held during the tax year. Also, regarding the timing of when you received the funds versus when your employer made their final contribution - the IRS generally uses the "constructive receipt" principle. Since you couldn't access the funds until February 2024, that's likely when it becomes taxable income for US purposes, regardless of when the employer contribution was made. Make sure to keep detailed records of the Hong Kong taxes (if any) withheld from your MPF withdrawal, as this will be crucial for claiming the Foreign Tax Credit. The documentation from your MPF provider should show any withholding taxes that were deducted.
This is really helpful information about Form 8938 - I had no idea about that requirement! Quick question: do you know what the threshold amounts are for filing Form 8938? I'm trying to figure out if my MPF balance would have triggered this requirement. Also, when you mention "constructive receipt," does that mean the February 2024 date is definitely when I should report this income, even though the employer contribution happened in November 2023? I want to make sure I get the timing right since this affects which tax year I need to file this under.
For Form 8938, the threshold depends on your filing status and where you live. For US residents filing jointly, it's $100,000 on the last day of the tax year or $150,000 at any time during the year. For single filers, it's $50,000/$75,000 respectively. Since your MPF was around $85,000 HKD (roughly $11,000 USD), you probably wouldn't meet the threshold. Regarding constructive receipt, yes - February 2024 is when you should report it since that's when you actually had access to and received the funds. The November 2023 employer contribution doesn't matter for US tax timing purposes because you couldn't withdraw it then. So this will go on your 2024 tax return, not 2023. Also worth noting - make sure to convert the HKD amount to USD using the exchange rate on the date you received the funds (February 2024), not when the contribution was made.
I went through a very similar situation when I moved from Hong Kong to the US in 2022, so I can share some practical insights from my experience. First, you're absolutely right to be concerned about the tax treatment. The IRS will treat your MPF withdrawal as ordinary income since the US doesn't recognize the MPF as a qualified retirement plan. This means it gets taxed at your regular income tax rates, not capital gains rates. One thing I learned the hard way is that you should definitely look into whether Hong Kong withheld any taxes from your MPF withdrawal. Many people don't realize that Hong Kong may have deducted some taxes at source, especially if you had any employer contributions that hadn't fully vested. If they did, you can potentially claim a Foreign Tax Credit on Form 1116 to offset some of your US tax liability. Regarding the Roth IRA question - unfortunately, you can't directly roll over MPF funds into a Roth IRA since the IRS doesn't consider it a qualified foreign pension plan. However, if you have earned income in the US in 2024, you could potentially use some of the withdrawal money to fund a Roth IRA contribution (up to the annual limits), though this would be considered a regular contribution, not a rollover. Make sure to keep all your MPF withdrawal documentation, including any foreign tax forms, as the IRS may want to see proof of the foreign taxes paid if you claim the credit.
Thanks for sharing your experience! This is really helpful since you went through the exact same situation. I have a couple of follow-up questions if you don't mind: 1. How did you figure out if Hong Kong withheld any taxes from your MPF withdrawal? Did your MPF provider give you specific documentation about this, or did you have to request it separately? 2. When you filed Form 1116 for the Foreign Tax Credit, did you run into any issues with the IRS accepting Hong Kong taxes as creditable? I've heard mixed things about whether all foreign taxes qualify. 3. For the currency conversion, did you use the exchange rate from the day you received the funds, or did you use some kind of average rate for the month/year? I'm trying to get all my documentation in order now so I don't scramble when it's time to file. Your practical insights are much more helpful than the generic advice I've been finding online!
Ali Anderson
Capital One user here for about 3 years. They're solid for refunds - usually process them within hours of IRS releasing, sometimes even faster than the big banks. One tip: make sure you have notifications turned on in their app so you know right away when it hits. Also double-check that your account type matches what you put on your tax return (checking vs savings). Good luck with your refund!
0 coins
Sean Fitzgerald
ā¢Thanks for the tip about checking vs savings! I totally would have overlooked that. Just went and verified everything matches up perfectly. Really appreciate all the reassurance from everyone - feeling much more confident about using Capital One now š
0 coins
Arnav Bengali
Capital One has been great for my tax refunds! I've used them for the past 2 years and they typically process IRS deposits same day or within 24 hours of release. Way faster than my old bank (Bank of America) which used to hold deposits for 2-3 business days. Just make sure your direct deposit info is exactly right - account number, routing number, and account type. You can double check everything in the Capital One app under account details. Once it hits, you'll get an instant notification. You made a good choice switching from Wells Fargo!
0 coins
Oliver Cheng
ā¢That's really encouraging to hear! I was worried about making the switch but sounds like Capital One is actually faster than the big traditional banks. Quick question - do you happen to know if they charge any fees for receiving ACH deposits like tax refunds? My Wells Fargo account had some weird fee structure I never fully understood.
0 coins