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Ask the community...

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Ava Martinez

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I'd actually been handling this wrong on my returns for years until my return was audited in 2023. The IRS was very clear: each tier maintains its own character. My CPA had to prepare a detailed analysis for each entity where I claimed material participation. For partnerships where I was just a limited investor (even though they were held by my materially-participating HoldCo), the income remained passive. The IRS agent specifically referenced Reg 1.469-2(f) and said HoldCo's active management doesn't "cleanse" the passive character of the income from lower tiers.

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Miguel Ramos

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Do you remember which form or schedule the IRS focused on during your audit? I'm trying to make sure I have proper documentation for my similar structure.

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This is exactly the type of complex flow-through situation that trips up many taxpayers. The consensus here is correct - your material participation in HoldCo doesn't convert the passive income from the underlying entities where you're a limited partner. I'd recommend keeping detailed records of your participation hours for each entity separately, since the IRS will look at material participation on an activity-by-activity basis. Also consider whether you might benefit from grouping elections under Reg 1.469-4 if you have multiple similar activities, but this requires careful planning and proper elections. One thing to watch out for: make sure your K-1s from HoldCo properly reflect the passive/nonpassive character of the income as it flows through. Sometimes holding entities don't correctly maintain the character codes, which can create issues if you're ever audited.

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This is really helpful context about the K-1 character codes! I've been assuming my holding company was handling this correctly, but now I'm wondering if I should double-check. When you mention "character codes" on the K-1s, are you referring to the passive/nonpassive indicators in the supplemental information, or is there something else I should be looking for? I want to make sure I'm not missing something that could cause problems down the road.

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Emma Davis

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Man, the IRS needs to get with the times. In this day and age, we should be able to access all this info online easily. SMH šŸ¤¦ā€ā™‚ļø

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For real tho. Its like they're stuck in the stone age or smthn

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Pro tip from someone who's been through this nightmare - if you applied online, try logging back into the IRS website with the same credentials you used. Sometimes the EIN is still visible in your application history. Also, check your bank statements from around that time - if you paid any fees, it might help you narrow down the exact date you applied, which could help when you call the IRS. They can search by application date if you have it!

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Omar Hassan

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I'm confused about something else - if these reimbursements are considered self-employment income on a 1099-NEC, can I deduct the health insurance premiums as a self-employed health insurance deduction? Seems like if they're going to tax me on the money they gave me for insurance, I should at least get to deduct the insurance costs?

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GalaxyGazer

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Great question! If you're receiving a 1099-NEC for these reimbursements, and they're considered self-employment income, then yes - you may be eligible to deduct your health insurance premiums as a self-employed health insurance deduction on Schedule 1 of your 1040 (not as an itemized deduction). This is actually a silver lining to this situation. If the reimbursement is considered self-employment income, you'll pay more in self-employment taxes, but the deduction for health insurance premiums can help offset some of the income tax impact. Just make sure you have documentation of the premiums you paid.

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Oliver Brown

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This is a frustrating situation that unfortunately happens more often than it should with small employers. The key issue here is that your employer likely doesn't have a formal Health Reimbursement Arrangement (HRA) in place, which is required for these reimbursements to be tax-free. Since you received a 1099-NEC, you'll need to report this as income on your tax return. However, there are a few things to consider: 1. You may be able to deduct the actual health insurance premiums you paid as a self-employed health insurance deduction (since this is being treated as self-employment income) 2. You might qualify for the premium tax credit if you purchased marketplace insurance 3. You'll unfortunately owe self-employment taxes (15.3%) on this amount in addition to regular income tax For your 2024 taxes, you can file an amended return (Form 1040-X) to include this income. Going forward, I'd strongly recommend talking to your employer about setting up a proper HRA or QSEHRA for future reimbursements to avoid this tax mess. The late timing of receiving the 1099-NEC in June is also concerning - they should have issued it by January 31st. Consider consulting with a tax professional to make sure you're handling this correctly and maximizing any available deductions or credits.

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Jamal Brown

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This is really helpful advice! I'm in a similar situation and didn't realize about the self-employed health insurance deduction possibility. One question though - if I'm a regular W-2 employee at this company but they're treating these health reimbursements as 1099-NEC income, does that create any issues with having both types of income from the same employer? It seems weird to be both an employee and a contractor for the same company at the same time.

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Zara Rashid

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This is a great discussion! I'm dealing with a similar situation but with a twist - I converted my rental property to mixed-use about 3 years ago and just realized I may have been handling the depreciation incorrectly this whole time. I've been continuing to depreciate the personal-use portion on Schedule E at a reduced percentage rather than removing it entirely. After reading this thread, I'm realizing I should have stopped depreciating that portion completely when I moved in. Should I file amended returns for the past 3 years to correct this? Or is there a way to adjust going forward without having to amend? I'm worried about triggering an audit by filing multiple amended returns, but I also don't want to compound the error by continuing with the wrong method. Has anyone else had to correct depreciation mistakes like this after the fact?

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Honorah King

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I'm in a very similar boat - just realized I've been making the same mistake for the past 2 years! From what I've researched, you generally have a few options when you discover depreciation errors like this. You can either file amended returns (Form 1040X) for the affected years, or in some cases you can make an adjustment in the current year using Form 3115 (Application for Change in Accounting Method). The Form 3115 route might be less likely to trigger scrutiny since it's specifically designed for correcting accounting method errors, but it depends on your specific situation. I'd definitely recommend consulting with a tax professional who specializes in real estate before deciding which approach to take. One thing to keep in mind is that continuing with the wrong method could actually cost you more in the long run, especially when it comes to depreciation recapture calculations when you eventually sell. Better to fix it now than deal with bigger complications later!

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I've been following this thread closely as I'm dealing with a similar mixed-use conversion situation. One thing I want to emphasize that hasn't been mentioned enough is the importance of getting a professional appraisal at the time of conversion. When I converted part of my rental property to personal use, my CPA strongly recommended getting an official appraisal to establish the fair market value of each portion at the conversion date. This documentation became crucial for calculating the proper basis adjustments and will be essential when I eventually sell. The appraisal cost me about $500, but it's already saved me potential headaches. The appraiser was able to break down the value by floor/section, which made the allocation between business and personal use much cleaner for tax purposes. Without this documentation, I would have been making educated guesses that could easily be challenged in an audit. For anyone dealing with these conversions, I'd highly recommend budgeting for a professional appraisal. It's a small cost compared to the potential tax implications of getting the basis calculations wrong.

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Diego Vargas

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That's excellent advice about getting a professional appraisal! I wish I had thought of that when I converted my property last year. I ended up just using online estimates and comparable sales data to establish the fair market value, but having an official appraisal would definitely provide much stronger documentation. One question - did your appraiser have specific experience with mixed-use properties and tax-related valuations? I'm wondering if it's worth seeking out an appraiser who specializes in these types of situations, or if any certified appraiser would be sufficient for IRS purposes. Also, did you have the appraisal done right at the conversion date, or is there some flexibility in timing? I'm thinking about people who might realize they need this documentation after the fact.

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Just to add on to what others have said - the 2025 W4 doesn't even have allowances anymore like the old form did. It's structured completely differently now. You need to fill out the multiple jobs worksheet if you have more than one job, or the deductions worksheet if you have a lot of deductions. The form is actually easier to use now but claiming exempt still has the same requirements - you need to have had NO tax liability last year and expect NONE this year. At $68k, you definitely don't qualify.

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Emma Wilson

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The new W4 is so confusing to me. Wish they would have kept the allowances system. At least that was straightforward - more allowances = less withholding.

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Hey Miguel! I was in almost the exact same situation as you - making around $70k, getting huge refunds, and wanting more money in my paychecks. Definitely don't claim exempt though - that's only for people who literally owe zero taxes, which definitely isn't the case at your income level. What worked for me was using the IRS Tax Withholding Estimator (it's free on irs.gov) to figure out exactly how to fill out my W4. Since you're single with no kids and just have student loans, it should be pretty straightforward. You'll probably want to claim the standard deduction and maybe add your student loan interest deduction if you pay interest on those loans. The key is using Step 4 on the W4 - you can reduce your withholding there without going all the way to exempt. I ended up putting about $2,000 in the deductions section (Step 4b) which increased my take-home by about $150 per paycheck. Still got a small refund of around $400 instead of the $3,000+ I was getting before. Just be conservative with your first attempt - you can always adjust it again if needed!

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This is really helpful advice! I'm curious though - when you say you put $2,000 in the deductions section, how did you calculate that number? Did the IRS estimator tell you exactly what to put there, or did you have to do some math based on your previous year's refund? I'm trying to figure out if I should just divide my $3,200 refund by the number of paychecks to get a rough idea of how much to adjust.

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