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Tax implications for real estate improvements when converting rental units to personal use

Hey tax gurus, I've got a situation I could use some guidance on before meeting with my accountant and attorney. My family is about to take over an LLC that owns an apartment complex currently used as long-term rentals. We're planning some major renovations - upgrading plumbing, replacing floors and windows, installing new HVAC systems, and rewiring. The catch is that we're thinking about converting some units into our personal living space for the next 15-20 years, while continuing to rent out the remaining units as short-term rentals. Some of the improvements will be directly connected to units that will continue generating rental income, while other areas (like an office space, storage for landscaping equipment, and a workshop) will support the business but be part of our personal living area. My questions are: How do we handle the tax deductions for these improvements? Can we depreciate them over multiple years? And does the potential conversion of some units to personal use make any of these improvements non-deductible? Any insights would be super helpful before I sit down with the professionals!

Has anyone here dealt with allocation of shared utilities in a situation like this? I'm in a similar position with a commercial/residential mixed building and I'm confused about how to handle common area utilities when part is business and part is personal.

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For shared utilities, you'll need a reasonable allocation method consistently applied. Square footage is most common - if your personal space is 30% of the building, you'd allocate 30% of common utilities as personal (non-deductible) and 70% as business expense. Some property owners install separate meters when possible, which makes documentation cleaner. For things that can't be separately metered, keep detailed records of your allocation methodology. The IRS wants to see that you're using a reasonable, consistent approach rather than arbitrary assignments.

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One thing I'd strongly recommend is getting everything documented properly from the start. When we did a similar conversion, our CPA advised us to create a formal "conversion plan" that outlined exactly when each unit would transition from business to personal use, along with the square footage allocations. This documentation became crucial later when we had questions about which improvements qualified for depreciation. We included photos of the property before improvements, detailed cost breakdowns for each area, and a timeline of when different spaces would change use. Also, consider whether you want to elect out of bonus depreciation for some of these improvements. While bonus depreciation gives you bigger deductions upfront, it can create complications if you convert units to personal use shortly after. Sometimes taking regular depreciation over the longer schedule gives you more flexibility, especially with mixed-use properties like yours. Your accountant will probably want to see all this documentation, so getting it organized now will save you time and potentially money in professional fees later!

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Do sports betting app winnings require state tax filing where you physically placed the bet?

I have a question about sports betting apps and state taxes that's been driving me crazy. I've been using DraftKings and FanDuel throughout the year, and I'm registered with my home state ID and address, but I travel a lot for work and have placed bets while physically in different states. I know the usual rule about filing state returns when you win at an actual casino in another state (and then claiming an exemption in your home state). But does this same rule apply when using betting apps? Like if I'm registered in Ohio but place a winning bet on DraftKings while I'm temporarily in New Jersey for the weekend, do I need to file a NJ state return? The only reason I even know which states I placed these bets in is because I've been keeping detailed records for potential pro gambler status, plus the apps themselves have transaction histories showing where each bet was placed. Does it make more sense to just report all winnings in my home state where I'm registered and pay state taxes there? Also, does the answer change if I'm filing my gambling income as a hobby versus as a professional/business? I've had some good wins this year (and some losses) and want to make sure I'm doing this right for my 2024 taxes.

I was in the same boat last year and wish someone had told me this - the apps are now reporting this data directly to states! My friend got a notice from Indiana asking why he didn't file a return there, when he had only placed a few bets while driving through the state. The betting apps are required to track your physical location for legal compliance reasons, and that data is increasingly being shared with tax authorities.

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What app was your friend using? I use BetMGM and haven't gotten any notices despite betting in multiple states. I'm wondering if different apps have different reporting practices to states.

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This is such a timely question! I just went through this exact situation for my 2024 taxes. I'm registered in Texas but placed winning bets while traveling for work in Nevada, Louisiana, and Arizona. After consulting with a tax professional, here's what I learned: technically, you're supposed to file nonresident returns in each state where you physically placed winning bets, regardless of where you're registered with the app. The key factor is your physical location when the bet was placed, not your registration address. However, the enforcement is still inconsistent. Some states are getting more aggressive about tracking this (especially states with higher tax rates who want their piece), while others haven't caught up yet. The apps do track your location for regulatory compliance, and this data is increasingly being shared with state tax authorities. For your situation, I'd recommend keeping those detailed records you mentioned and filing properly in each state where you had significant winnings (maybe $500+ threshold). You can then claim credits on your Ohio return for taxes paid to other states to avoid double taxation. If we're talking smaller amounts, the risk might be low, but with the trend toward more enforcement, it's probably safer to file correctly from the start. The hobby vs. professional distinction doesn't change the sourcing rules - winnings are still taxable where the activity occurred regardless of how you classify your gambling activities.

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LLC Dissolved in 2020 But Did Not File Final 1065 Return - IRS Now Requesting It

I started a two-member LLC back in 2019 and we filed our 1065 partnership return for that tax year (had to use First Time Abatement to get the late filing penalty waived). We ended up shutting down the business completely in 2020 since things didn't work out, and there was absolutely zero business activity that year. Based on the 1065 instructions we read, we were under the impression that we didn't need to file anything for 2020 since we had no income or expenses whatsoever. The business was officially dissolved with the state in early 2020. Fast forward to today - I just got off the phone with an IRS representative who says they have no record of our 2020 filing and that we were actually required to file a final return. The conversation got a little confusing, but I think he was suggesting that we could potentially file an amended 2019 return and mark that as our final return since we had no activity in 2020 anyway. Has anyone dealt with this situation before? I'm not sure if I need to file a "zero" 1065 for 2020 marked as final, or if I can somehow amend the 2019 return as he suggested. Really appreciate any guidance here!

Just a heads up - don't forget about state tax filings for your dissolved LLC! I properly filed my final federal return but completely missed filing the required final state return and cancellation forms. Two years later I got hit with state penalties that were actually worse than the federal ones. Most states require a final return and a separate business dissolution form with their secretary of state or department of revenue. These are completely separate processes from the federal requirements.

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This! I made the same mistake in California and ended up with nearly $1,000 in minimum franchise tax fees and penalties because I didn't properly dissolve with the state. Even though I hadn't done business for years, they kept billing me the $800 annual LLC fee until I formally filed dissolution papers.

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I went through this exact situation with my dissolved LLC in 2021. The key thing to understand is that the IRS requires a final return even with zero activity - it's how they officially close your business account in their system. Here's what you need to do: 1. File Form 1065 for 2020 with all zeros but check the "Final Return" box at the top 2. Include Schedule K-1s for both members marked as final returns 3. Attach a statement explaining the business was dissolved in 2020 with the dissolution date For penalties, you definitely have grounds for reasonable cause abatement since you genuinely misunderstood the filing requirements. When you file, include a detailed letter explaining that you read the instructions and believed no filing was required due to zero activity. Reference IRC Section 6651(a)(1) and cite "reasonable cause and not due to willful neglect." The IRS agent's suggestion about amending 2019 doesn't make sense - you need the final return for the actual year of dissolution. I successfully got my penalties waived using this approach, so don't panic about the late filing fees.

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Can I still write off my Goodwill donations if we take the standard deduction on our taxes?

My wife and I are doing our taxes and we've got a ton of stuff we donated to Goodwill last year. I've been saving all the receipts thinking we could deduct them, but now I'm seeing mixed info online about whether this is even possible. We're married filing jointly and planning to take the standard deduction because it seems higher than what our itemized deductions would be. Can we still somehow claim these Goodwill donations somewhere on our return even with the standard deduction? Or did I save all these receipts for nothing? I swear I heard someone at work mention they were able to do this somehow. Maybe there's a special form or something?

Im in a similar situation and my accountant told me that even if donations dont help with federal taxes with standard deduction, it's still important to TRACK THEM for state taxes. My state lets you deduct charitable contributions even when taking the standard deduction on federal!!!

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Which state are you in? I'm in California and would love if this is true here too!

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Just want to add my experience here - I was in the exact same situation last year with a pile of Goodwill receipts! After doing the math, our itemized deductions (including about $800 in donations) only came to around $22,000, which was well below the standard deduction threshold. One thing I learned though is to definitely keep those receipts anyway. Even if they don't help this year, your situation might change next year - maybe you'll have higher medical expenses, buy a house with mortgage interest, or have other major deductible expenses. Plus some people's donation amounts really add up over time. Also worth noting - if you donated any single items worth over $500 (like electronics or furniture), you might need Form 8283 regardless of whether you itemize. The IRS can be picky about documentation for higher-value donations.

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Converting Husband & Wife Partnership to S-Corp with Sole Ownership Transfer

I've been digging into this for days and can't seem to get a clear answer. Hoping someone here can help me figure this out. We recently started working with a small manufacturing business that's owned equally (50/50) by a married couple. They're currently filing a Form 1065 partnership return for the business, and they file a joint return (MFJ) on their personal 1040. The plan is to make an S-Corp election, but as part of this transition, they want to remove the wife from ownership completely so the husband would own 100% of the business. I'm confused about how to properly report this ownership transfer while also handling the entity conversion. Would this be considered a gift between spouses? A redemption? Something else entirely? Do we need to file additional forms for the ownership change before making the S-election? Anyone dealt with this scenario before who can point me in the right direction?

This is a great discussion with lots of helpful insights! I wanted to add one more consideration that I learned the hard way: make sure to coordinate the timing of your final partnership tax return with your first S-Corp return filing. We made the mistake of filing our final 1065 too early in the process, before all the ownership transfer documentation was finalized. This created a gap period where the IRS wasn't sure what entity type we were, and we ended up having to file amended returns to clarify the timeline. My recommendation would be to have everything - the spousal transfer agreement, partnership dissolution paperwork, and S-Corp election forms - completely ready before filing that final 1065. That way you can include a clear statement in the return about the transition date and attach supporting documentation. Also, definitely keep detailed records of any partnership assets and their basis. When those assets transfer to the S-Corp, you'll need that information for depreciation schedules and potential future asset sales. The IRS can ask for this documentation years later during audits.

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This thread has been incredibly informative! I'm a tax preparer dealing with a similar situation with one of my clients. Based on everything shared here, I wanted to add a few technical points that might help: 1. **Timing of Form 2553**: Make sure you're aware that if you miss the 2 months and 15 days deadline for the S-Corp election, you can still request late election relief under Rev. Proc. 2013-30, but it requires reasonable cause documentation. 2. **Built-in Gains Tax**: If the partnership has appreciated assets when converting to S-Corp status, be aware of potential built-in gains tax under Section 1374. This applies to any appreciation that existed at the time of conversion and could be triggered if those assets are sold within 5 years. 3. **State Considerations**: Don't forget that some states don't recognize S-Corp elections or have their own separate election requirements. Make sure to check your state's specific rules for both the entity conversion and the ownership transfer. The advice about using professional help really resonates - I've seen too many DIY attempts at this type of conversion create multi-year headaches. The upfront cost of proper guidance usually pays for itself in avoiding complications down the road. Great discussion everyone!

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This is exactly the kind of professional insight I was hoping to see! As someone new to business tax situations, the built-in gains tax point is particularly eye-opening - I had no idea that could be a factor years down the road. Quick question about the late election relief you mentioned: if someone realizes they missed the deadline, is there a specific timeframe for requesting the relief, or can you file for it at any point? And what typically qualifies as "reasonable cause" in the IRS's view? Also, for the state considerations - is there a good resource for checking state-specific requirements, or is it really a matter of researching each state individually? This seems like the kind of detail that could easily trip someone up if they're not aware of it. Thank you for sharing your professional expertise - it's incredibly valuable to get this level of detail from someone who deals with these situations regularly!

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Great questions! For late election relief, you generally need to request it within 3 years and 75 days after the intended effective date, but the IRS has discretion to accept later requests in certain circumstances. Reasonable cause typically includes things like relying on incorrect professional advice, serious illness, or natural disasters - basically situations beyond your reasonable control. For state requirements, I'd recommend starting with your state's Department of Revenue or Secretary of State website. Most states have specific guidance for entity conversions. The Federation of Tax Administrators (taxadmin.org) also has links to each state's tax agency. Some states like California and New York have particularly complex rules that differ significantly from federal requirements. One thing I forgot to mention earlier - if this partnership has any Section 754 elections in effect (for basis adjustments), make sure to consider how those interact with the conversion. The election doesn't automatically carry over to the S-Corp, so you may need to make new elections if beneficial. @Amina Toure - feel free to reach out if you run into any specific state issues. These conversions can get tricky quickly, but they re'very manageable with proper planning!

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